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657 sections in this chapter.
NMSA 1978, § 1-12-25.1 Procedures for voting on electronic vote tabulator systems
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A voter using an electronic vote tabulator system to vote shall: A. receive a ballot issued by the precinct board [election board]; B. take the ballot to a voting booth and, with the writing utensil provided, mark it in accordance with the instructions for that ballot type; and C…
NMSA 1978, § 1-12-25.2 Conduct of election; provisional voting; information to voter;
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status of voter's ballot. A. If a voter is required to vote on a provisional paper ballot, the presiding judge or election judge shall give the voter written instructions on how the voter may determine whether the vote was counted and, if the vote was not counted, the reason it w…
NMSA 1978, § 1-12-25.3 Provisional paper ballots; required information
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A. At a minimum, the following information shall be printed on the outer envelope for a provisional paper ballot: (1) the name and signature of the voter; (2) the voter's registered address, both present and former if applicable; (3) the voter's date of birth; (4) the reason for …
NMSA 1978, § 1-12-25.4 Provisional paper ballots; disposition
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A. Upon closing of the polls, provisional paper ballots shall be delivered to the county clerk, who shall determine if the ballots will be counted prior to certification of the election. B. A provisional paper ballot shall not be counted if the registered voter did not sign eithe…
NMSA 1978, § 1-12-26 Conduct of election; closing polls
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When the polls are closed, the precinct board [election board] shall proclaim that fact aloud at the place of election. After the proclamation no voter shall cast a vote. However, if at the hour of closing there are other voters in the polling place, or in line at the door, who a…
NMSA 1978, § 1-12-27 Conduct of election; arrival of voter after closing time
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Any person who arrives at the polling place after the time provided for closing the polls is not entitled to vote, even though the polls are open when he arrives. History: 1953 Comp., § 3-12-46, enacted by Laws 1969, ch. 240, § 282.
NMSA 1978, § 1-12-27.1 Conduct of election; provisional paper ballots; use when
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polling hours extended; disposition. A. If polling hours are extended by court order or any other order pursuant to a state law in effect at least ten days before the date of that election, during the extended hours, a voter shall vote only on a provisional paper ballot. B. A pro…
NMSA 1978, § 1-12-28 Conduct of election; election certificate
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Immediately upon the closing of the polls, the precinct board [election board] shall complete and sign a certificate which shall state: "We certify the __________ election complete with the voting of voting machine number __________ by voter number __________ on the signature ros…
NMSA 1978, § 1-12-29 Conduct of election; counting and tallying; who may be present
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Only the members of the precinct board [election board], candidates or their representatives, representatives of the news media and lawfully appointed challengers and watchers may be present while the votes are being counted and tallied. Only members of the precinct board [electi…
NMSA 1978, § 1-12-29.1 Qualifying provisional, absentee and other paper ballots
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A. The secretary of state shall issue rules to create a uniform process and set of criteria for deciding if provisional, absentee and other paper ballots shall be counted. B. When qualifying provisional, absentee and other paper ballots, middle initials, suffixes and addresses sh…
NMSA 1978, § 1-12-3 Conduct of election; precinct board [election board] duties
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The secretary of state shall prescribe the duties of the precinct board [election board], including duties that, during the conduct of the election, the presiding judge may reassign between judges and election clerks. Copies of such duties shall be furnished to each county clerk,…
NMSA 1978, § 1-12-30 Conduct of election; disposition of signature roster, checklist of
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registered voters and machine-printed return reporting unofficial returns. A. After all certificates have been executed, the presiding judge and the two election judges shall place the checklist of registered voters voting and one copy of the machine-printed returns in the stampe…
NMSA 1978, § 1-12-30.1 Voter lists; signature rosters; disposition after the polls close
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A. After the polls are closed, the signature roster shall be properly certified by the precinct board [election board] and returned to the county clerk with the election returns destined for the county clerk. The precinct voter list marked for the secretary of state shall be retu…
NMSA 1978, § 1-12-31 Conduct of election; disposition of ballot boxes and other
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election materials. A. The following election returns and materials shall not be placed in the ballot box and shall be returned immediately to the county clerk along with the locked ballot box: (1) the number on the numbered seal affixed to secure the ballot box or one ballot box…
NMSA 1978, § 1-12-32 Conduct of election; return of ballot boxes and election materials
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A. Unless the ballot box, election returns and materials are delivered to the county clerk within twenty-four hours after the polls are closed, the vote in the precinct shall not be canvassed or made a part of the final election results except upon order of the district court aft…
NMSA 1978, § 1-12-33 Conduct of election; office of county clerk to remain open
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The county clerk or some duly authorized deputy or assistant shall keep the office of the county clerk continuously open for twenty-four hours next after the closing of the polls for any primary, general or statewide special election. The office shall be kept open for the purpose…
NMSA 1978, § 1-12-34 Conduct of election; copies of election return certificates
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Upon completion of the certificate of returns, the presiding judge shall deliver all returns to the county clerk on election night with the exception of the one legible copy from each voting machine posted on the outside of the entrance door to the polling place. History: 1953 Co…
NMSA 1978, § 1-12-37 Conduct of election; voting machines; verification of returns
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Two election officials of different parties shall verify that the counter settings registered on the machine-printed returns are legible. The machine-printed returns shall show the number of votes cast for each candidate and the number of votes cast for and against any constituti…
NMSA 1978, § 1-12-38 Voting machines; printomatic voting machine; admittance of
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watchers and candidates; proclamation of results. During the reading of the results of the votes cast, any candidate or watcher who desires to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be distinctly announced by the …
NMSA 1978, § 1-12-39 Conduct of election; voting machine; completion of locking
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procedures. Before adjourning, the precinct board [election board] shall complete the locking procedures on the voting machine. History: 1953 Comp., § 3-12-63, enacted by Laws 1969, ch. 240, § 299.
NMSA 1978, § 1-12-4 Conduct of election; maintenance of order
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A. The presiding judge and the election judges shall maintain order within the polling place. B. Crowding or confusion shall not be permitted in the polling place. C. Admittance of voters to the polling place shall be controlled and limited to prevent crowding or rushing the prec…
NMSA 1978, § 1-12-4.1 Conduct of elections; suspension of certain voter identification
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requirements. If on election day the amount of time voters must spend in line before being able to vote in the precinct exceeds forty-five minutes, the presiding judge of the precinct shall suspend all physical forms of voter identification requirements other than those mandated …
NMSA 1978, § 1-12-42 Conduct of election; employees; time to vote
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A. On election day a voter may absent himself from employment in which he is engaged for two hours for the purpose of voting between the time of opening and the time of closing the polls. The voter shall not be liable to any penalty for such absence; however, the employer may spe…
NMSA 1978, § 1-12-43 Emergency situations
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A. If any electronic vote tabulator becomes disabled while being used to the extent that any voter is unable to cast a vote for all the candidates or questions of the voter's choice and have such vote recorded by the electronic vote tabulator, it shall be repaired, if possible, o…
NMSA 1978, § 1-12-43.1 Emergency elections procedures
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A. Upon issuance of an executive order declaring a state of emergency or an executive order for an impending emergency, the secretary of state shall authorize county clerks in impacted counties to evaluate and develop emergency contingency plans to ensure maximum participation in…
NMSA 1978, § 1-12-5 Conduct of election; state police; other peace officers
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A. Any member of the New Mexico state police or other peace officer may enter a polling place upon request for the purpose of observing the conduct of the election. B. No member of the New Mexico state police or other peace officer shall interfere in any way with a member of the …
NMSA 1978, § 1-12-51 Paper ballots; unauthorized receipt or delivery of paper ballot
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Except for absentee ballots and unless otherwise provided by law, a voter shall not receive a paper ballot from any person other than from a member of the precinct board [election board] or at an alternate voting location. No person other than a member of the precinct board [elec…
NMSA 1978, § 1-12-55 Paper ballots; marking
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All marks on the paper ballot shall be made only with the recommended or provided marking device. History: 1953 Comp., § 3-12-89, enacted by Laws 1977, ch. 222, § 58; 1979, ch. 57, § 5; 2009, ch. 150, § 21.
NMSA 1978, § 1-12-57 Paper ballots; procedure after marking
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After marking and preparing a paper ballot in a polling place, the voter: A. shall not show it to any person in the polling place in such a way as to reveal its contents; and B. shall feed the paper ballot into the electronic vote tabulator. History: 1953 Comp., § 3-12-91, enacte…
NMSA 1978, § 1-12-59 Viewing marked paper ballot
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A. A voter may, on the voter's own initiative and using whatever form of communication or media chosen by the voter, voluntarily communicate any information regarding: (1) the name of any candidate in a candidate contest for whom the voter voted or for whom the voter abstained fr…
NMSA 1978, § 1-12-6 Conduct of election; memoranda of actions or omissions
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Any member of the precinct board [election board] may in the polling place make written memoranda and preserve them for future reference. The memoranda may concern any action or omission on the part of any person charged with a duty under the Election Code [Chapter 1 NMSA 1978]. …
NMSA 1978, § 1-12-61 Removal of paper ballots from polling place
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No person shall remove any paper ballot from any polling place unless authorized by law. History: 1953 Comp., § 3-12-95, enacted by Laws 1977, ch. 222, § 64; 2009, ch. 150, § 25.
NMSA 1978, § 1-12-62 Paper ballots; spoiled or defaced
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A. A voter who accidentally spoils or erroneously prepares the voter's paper ballot may return the spoiled or erroneously prepared paper ballot to the presiding judge and receive a new paper ballot. B. The presiding judge in delivering the new paper ballot shall announce the name…
NMSA 1978, § 1-12-63 Election judges; unused paper ballots
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Immediately upon the time of the closing of the polls, the election judges and presiding judge, in the presence of those lawfully permitted to be present, shall publicly destroy all unused paper ballots. History: 1953 Comp., § 3-12-97, enacted by Laws 1977, ch. 222, § 66; 2009, c…
NMSA 1978, § 1-12-65 Paper ballots; counting and tallying procedures
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A. The presiding judge and the election judges, assisted by the election clerks, shall count the number of paper ballots that were not tabulated by the electronic vote tabulator, write the number of such ballots on each copy of the certificate of returns for that polling place an…
NMSA 1978, § 1-12-66 Paper ballots; signature rosters, checklist of voters and tally
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sheets; disposition. A. After all certificates have been executed, the presiding judge and the two election judges shall place the checklist of voters and one copy of the certificate of returns in that polling place in the stamped, addressed envelope provided for that purpose and…
NMSA 1978, § 1-12-67 Paper ballots to be placed in ballot box
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After all certificates have been executed, the election board shall place the bundles of tabulated paper ballots in the ballot box and the ballot box shall be closed and locked. History: 1953 Comp., § 3-12-101, enacted by Laws 1977, ch. 222, § 70; 1987, ch. 249, § 42; 2009, ch. 1…
NMSA 1978, § 1-12-68 Paper ballots; county canvass; when recount is required
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A. If it appears that defective returns cannot be corrected without a recount of the paper ballots, the county canvassing board shall immediately notify the district court in writing. B. The district court shall fix a time and place, which shall be not more than one week after re…
NMSA 1978, § 1-12-69 Disposition of paper ballots and records requisite to voting
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A. Paper ballots marked by voters and records requisite to voting in any election shall be retained and preserved for the greater of: (1) twenty-two months from the date of the election for any election in which a federal office appears on the ballot; (2) ten months from the date…
NMSA 1978, § 1-12-7 Conduct of election; persons not permitted to vote; persons
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permitted to vote upon choosing to affiliate with a party. A. A person shall not vote in a primary, general or statewide special election unless the person is a voter of the county in which the person offers to vote. A valid original certificate of registration in the county regi…
NMSA 1978, § 1-12-7.1 Voter lists; signature rosters; checklist of voters; use during
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election. A. At each election day polling location, other than a consolidated precinct where any voter in the county may vote, the precinct board [election board] shall post securely at or near the entrance of the polling place one copy of an alphabetical list of voters and a map…
NMSA 1978, § 1-12-7.2 Voter whose name is not on list or roster
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A. A voter whose name does not appear on the voter list and signature roster for the precinct in which the voter offers to vote shall be permitted to vote in the precinct pursuant to the federal National Voter Registration Act of 1993 and Section 1-12-8 NMSA 1978. B. The judges o…
NMSA 1978, § 1-12-7.3 Signature rosters and checklists of voters; contents
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A. The signature roster and checklist of voters for any precinct shall contain for each voter, as shown in the county register, the voter's: (1) name; (2) gender; (3) place of residence; (4) year of birth; (5) party affiliation, if any; and (6) precinct of residence. B. In additi…
NMSA 1978, § 1-12-7.4 Signature roster; checklist of voters; voter list; number;
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distribution. A. The county clerk shall prepare and certify the accuracy of one signature roster and one checklist of voters for each precinct. The county clerk shall deliver such roster and checklist to each precinct board [election board]. The voter shall sign the signature ros…
NMSA 1978, § 1-12-70 Reporting of vote totals by precinct; voting data maintained by
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precinct. A. The county clerk shall report to the secretary of state the vote totals in each precinct on election night. B. The county clerk shall maintain voting data by precinct that includes the number of voters who voted early in-person, absentee by mail and on election day a…
NMSA 1978, § 1-12-8 Conduct of election; provisional voting
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A. A person shall be permitted to vote on a provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster, provided: (1) the person's residence is …
NMSA 1978, § 1-12-8.1 Conduct of election; use of voter's receipt of certificate of
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registration; procedures. If a voter whose name is not in the signature roster presents the voter's receipt of the voter's certificate of registration, the voter shall be allowed to vote on a provisional paper ballot in the proper precinct in accordance with the provisions of Sec…
NMSA 1978, § 1-12-8.2 Conduct of election; election day delivery of absentee ballot by
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voter; procedures. A. A voter who requested and received an absentee ballot shall be allowed to deliver the official mailing envelope containing the voter's absentee ballot on election day to any polling location in the county in which the voter is registered if the voter present…
NMSA 1978, § 1-13-1 Post-election duties; county canvassing board
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A. The board of county commissioners is ex officio the county canvassing board in each county. B. The board of county commissioners may designate the board of registration to serve as the county canvassing board for the county. The designation shall be made in the polling place r…
NMSA 1978, § 1-13-10 Post-election duties; voting machine recheck; cost
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A. Before any recheck and comparison of returns and voting machines is made pursuant to Section 1-13-9 NMSA 1978, the candidate making the request, or the petitioners, shall deposit a sum of money or a surety bond made in favor of the county to defray the cost of the recheck. The…
