2018 New Mexico Statutes
Chapter 1 - Elections
Article 12 - Conduct of Elections
Section 1-12-10 - Conduct of election; voter's name, address and signature.
A. A voter at the polls shall announce the voter's name and address in an audible tone of voice. When a judge or election clerk finds the voter's name in the signature roster, the judge or election clerk shall in like manner repeat the name of the voter. The judge or election clerk shall then ask the voter to provide the required voter identification. The voter shall then sign the voter's name or make the voter's mark on the signature line in the copy of the signature roster to be returned to the county clerk. Upon the voter's name or mark being written in the signature roster, a challenge may be interposed as provided in the Election Code [Chapter 1 NMSA 1978].
B. If a voter fails to provide the required voter identification, the voter shall be allowed to vote on a provisional paper ballot.
History: 1953 Comp., § 3-12-13, enacted by Laws 1969, ch. 240, § 249; 1987, ch. 249, § 27; 1991, ch. 105, § 26; 2005, ch. 270, § 65; 2011, ch. 137, § 88.
Cross references. — For interposing challenges, see 1-12-20 NMSA 1978.
The 2011 amendment, effective July 1, 2011, included election clerks within the scope of this section.
The 2005 amendment, effective July 1, 2005, in Subsection A, provideed that the election judge shall ask the voter to provide the required voter identification; and added Subsection B to provide that if a voter fails to provide the required voter identification, the voter shall vote on a provisional ballot.
The 1991 amendment, effective April 2, 1991, deleted "and address" following "name" in the second sentence; substituted "or make his mark on the signature line" for "and write his address or, if he is unable to write, shall have his name and address written for him by the election clerk and initialed by the presiding judge" in the third sentence; and inserted "or mark" in the fourth sentence.
Only electors residing in municipalities may vote therein although registration book contains all. — In municipalities where a general election voting precinct or district is both within and without the boundaries of a municipality, the election judges in this particular precinct or district will, in a municipal election, have registration books containing electors residing both within and without the municipality, but only those whose affidavits of registration show on their face that they reside within the municipality will be entitled to vote at municipal elections. 1939-40 Op. Att'y Gen. 125 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 329.
29 C.J.S. Elections §§ 197, 205.
