Chapter 1 — Chapter 1

History: 1953 Comp., § 3-12-43, enacted by Laws 1969, ch. 240, § 279; 1987, ch. 249, § 34; 1991, ch. 105, § 29; repealed by Laws 2011, ch. 137, § 110.

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…

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…

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 …

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…

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…

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.

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

History: 1953 Comp., § 3-12-59, enacted by Laws 1969, ch. 240, § 295; 1981, ch. 149, § 6; repealed by Laws 2011, ch. 137, § 110.

ANNOTATIONS Repeals. — Laws 1981, ch. 149, § 10, repealed 1-12-36 NMSA 1978, as enacted by Laws 1973, ch. 358, § 1, relating to the procedure for opening voting machines, effective June 19, 1981.

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…

History: Laws 2002, ch. 51, § 1; 2009, ch. 150, § 18; repealed by Laws 2011, ch. 137, § 110.

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 …

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.

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…

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 …

History: 1953 Comp., § 3-12-64, enacted by Laws 1969, ch. 240, § 300; 1973, ch. 358, § 4; 1977, ch. 222, § 44; 1981, ch. 149, § 8; repealed by Laws 2011, ch. 137, § 110.

ANNOTATIONS Repeals. — Laws 1981, ch. 153, § 2, repealed 1-12-41 NMSA 1978, as enacted by Laws, 1977, ch. 222, § 45, relating to the clearing of voting machines, effective June 19, 1981.

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…

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…

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…

History: 1953 Comp., § 3-12-78, enacted by Laws 1977, ch. 222, § 47; 1987, ch. 249, § 39; 1991, ch. 105, § 34; § 1-12-44 NMSA 1978, recompiled as § 1-10-12 NMSA 1978 by Laws 2009, ch. 150, § 10.

History: 1953 Comp., § 3-12-79, enacted by Laws 1977, ch. 222, § 48; 1979, ch. 57, § 2; repealed by Laws 2009, ch. 150, § 37.

History: 1978 Comp., § 1-12-45.1, enacted by Laws 1991, ch. 105, § 35; repealed by Laws 2009, ch. 150, § 37.

History: 1953 Comp., § 3-12-80, enacted by Laws 1977, ch. 222, § 49; repealed by Laws 2009, ch. 150, § 37.

History: 1953 Comp., § 3-12-81, enacted by Laws 1977, ch. 222, § 50; recompiled by Laws 2009, ch. 150, § 11.

History: 1953 Comp., § 3-12-82, enacted by Laws 1977, ch. 222, § 51; repealed by Laws 2009, ch. 150, § 37.

History: 1953 Comp., § 3-12-83, enacted by Laws 1977, ch. 222, § 52; recompiled by Laws 2009, ch. 150, § 12.

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 …

History: 1953 Comp., § 3-12-84, enacted by Laws 1977, ch. 222, § 53; 1993, ch. 314, § 56; 1993, ch. 316, § 56; repealed by Laws 2009, ch. 150, § 37.

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…

History: 1953 Comp., § 3-12-86, enacted by Laws 1977, ch. 222, § 55; repealed by Laws 2009, ch. 150, § 37.

History: 1953 Comp., § 3-12-87, enacted by Laws 1977, ch. 222, § 56; 1979, ch. 57, § 3; 2005, ch. 270, § 74; repealed by Laws 2009, ch. 150, § 37.

History: 1953 Comp., § 3-12-88, enacted by Laws 1977, ch. 222, § 57; 1979, ch. 57, § 4; repealed by Laws 2009, ch. 150, § 37.

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.

History: 1953 Comp., § 3-12-90, enacted by Laws 1977, ch. 222, § 59; repealed by Laws 2009, ch. 150, § 37.

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…

History: 1953 Comp., § 3-12-92, enacted by Laws 1977, ch. 222, § 61; 2009, ch. 150, § 23; 1978 Comp., § 1-12-58 recompiled as § 1-20-8.2 by Laws 2011, ch. 137, § 109.

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…

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]. …