2018 New Mexico Statutes
Chapter 1 - Elections
Article 6 - Absentee Voting
Section 1-6-14 - Handling absentee ballots by absent voter precinct boards.
A. Before opening an official mailing envelope, the presiding judge and the election judges shall determine that the required information has been completed on the reverse side of the official mailing envelope.
B. If the voter's signature is missing, the presiding judge shall write "Rejected" on the front of the official mailing envelope. The judge or election clerk shall enter the voter's name in the signature rosters or register and shall write the notation "Rejected--Missing Signature" in the "Notations" column of the signature rosters or register. The presiding judge shall place the official mailing envelope unopened in an envelope provided for rejected ballots, seal the envelope and write the voter's name on the front of the envelope and deposit it in the locked ballot box.
C. A lawfully appointed challenger may view the official mailing envelope and may challenge the ballot of any absent voter for the following reasons:
(1) the official mailing envelope has been opened by someone other than the voter prior to being received by the absent voter precinct board;
(2) the official mailing envelope does not contain a signature; or
(3) the person offering to vote is not a voter as provided in the Election Code [Chapter 1 NMSA 1978].
D. If a challenge is upheld by unanimous vote of the presiding judge and the election judges, the official mailing envelope shall not be opened but shall be placed in an envelope provided for challenged ballots. If the reason for the challenge is satisfied by the voter before the conclusion of the county canvass, the official mailing envelope shall be opened and the vote counted. The same procedure shall be followed in canvassing and determining the validity of challenged absentee ballots as with other challenged ballots.
E. If the official mailing envelope has been properly subscribed and the voter has not been challenged:
(1) the judges or election clerks shall enter the absent voter's name and residence address as shown on the official mailing envelope in the signature rosters and shall mark the notation "AB" opposite the voter's name in the "Notations" column of the signature rosters or register; and
(2) only between 8:00 a.m. and 10:00 p.m. on the five days preceding election day, including Saturday and Sunday, and beginning at 7:00 a.m. on election day, under the personal supervision of the presiding election judge, shall the election judges open the official mailing envelope and the official inner envelope and insert the enclosed ballot into an electronic voting machine to be registered and retained until votes are counted and canvassed following the closing of the polls on election night.
F. It is unlawful for a person to disclose the results of a count and tally or the registration on a voting machine of absentee ballots prior to the closing of the polls.
G. Absentee ballots shall be counted and tallied, where possible, on an electronic voting machine as provided in the Election Code.
H. Absent voter precinct polls shall close in accordance with Section 1-6-23 NMSA 1978, and the results of the election shall be certified as prescribed by the secretary of state.
I. If an absentee ballot does not contain the identification required pursuant to Subsection D of Section 1-6-5 NMSA 1978, it shall be handled as a provisional paper ballot in accordance with the Election Code.
History: 1953 Comp., § 3-6-14, enacted by Laws 1971, ch. 317, § 11; 1975, ch. 255, § 90; 1977, ch. 222, § 12; 1977, ch. 269, § 8; 1983, ch. 232, § 6; 1985, ch. 207, § 5; 1987, ch. 249, § 21; 1989, ch. 392, § 14; 1993, ch. 20, § 5; 1999, ch. 267, § 16; 2003, ch. 354, § 1; 2003, ch. 356, § 22; 2005, ch. 270, § 51; 2007, ch. 336, § 11; 2009, ch. 251, § 11; 2011, ch. 137, § 45.
Repeals and reenactments. — Laws 1971, ch. 317, § 11, repealed former 3-6-14, 1953 Comp., relating to handling absentee ballots by precinct board, and enacted a new 3-16-14, 1953 Comp.
Cross references. — For definition of voter, see 1-1-5 NMSA 1978.
For closing of polls, see 1-12-1 NMSA 1978.
For grounds for interposing challenges, see 1-12-20 NMSA 1978.
For opening of outer envelope prior to counting ballots as ground for challenge, see 1-12-20 NMSA 1978.
For disposition of challenges, see 1-12-22 NMSA 1978.
For time of closing the polls, see 1-12-26 NMSA 1978.
The 2011 amendment, effective July 1, 2011, permitted a judge to enter the voter's name in the signature rosters or register; permitted a challenger to challenge a ballot when the mailing envelope does not contain a signature; eliminated the requirement that challenges of ballots follow the procedure for challenging ballots when a person attempts to vote in person; required a challenge to be upheld by the unanimous vote of the presiding judge and the election judges; and provides that a vote will be counted if the reason for the challenge is satisfied by the voter before the county canvass is concluded.
The 2009 amendment, effective June 19, 2009, in Subsection D(2), after "8:00 a.m.; and", deleted "5:00" and added "10:00".
The 2007 amendment, effective April 2, 2007, in Subsection G, provided a specific NMSA 1978 section number of the Election Code.
The 2005 amendment, effective July 1, 2005, in Subsection D(1), deleted the former provision which provided that the election judge shall open the official mailing envelope and deposit the ballot in its still sealed official inner envelope in the locked ballot box; added Subsection D(2) to provide the time and procedure for opening official mailing envelopes and official inner envelopes; in Subsection E, deleted the former provision which provided the time and procedure for counting and tallying absentee ballots; and in Subsection H, deleted the former provisions which provided the time for convening the absent voter precinct board and the procedure for processing absentee ballots.
The 2003 amendment, effective July 1, 2003, at the beginning of Subsection C, substituted "A lawfully appointed challenger" for "The accredited challengers"; in Subsection C(2), deleted "citizen" following "overseas"; in Subsection E, substituted "each major political party" for "party"; and added Subsection I.
The 1999 amendment, effective June 18, 1999, inserted "absent voter" preceding "precinct board" in Subsection C(1); substituted "count and tally the absentee ballots on an electronic voting machine" for "register the results of each absentee ballot on a voting machine" in Subsection E; substituted "on an electronic voting machine as provided in the Election Code" for "or registered on a lever voting machine or an electronic voting machine as provided in the Election Code provided that any county with a population in excess of one hundred thousand shall count and tally or register absentee ballots on an electronic voting machine" in Subsection F; and added Subsection H.
The 1993 amendment, effective June 18, 1993, substituted "information has been completed" for "oath has been executed" in Subsection A, "the voter's signature is" for "one or both signatures are" in the first sentence of Subsection B, and "have been properly subscribed" for "have properly executed oaths" in the introductory paragraph of Subsection D.
Voiding of ballot precluded. — There is no statutory provision that permits voiding a ballot if the electronic counting machine refuses to accept it, when a straight ticket is indicated but the ballot is actually voted a split ticket, or when the ballot is marked with two choices for a particular office but is properly voted for only one choice in each of the remaining races. Klumker v. Van Allred, 1991-NMSC-045, 112 N.M. 42, 811 P.2d 75.
Procedures for counting ballots. — If a voter votes for more than one candidate in a particular race, the votes for the remaining candidates are still to be counted. Klumker v. Van Allred, 1991-NMSC-045, 112 N.M. 42, 811 P.2d 75.
Qualification of an absentee ballot. — An absentee ballot is qualified only if the voter provides the voter's proper identification in the outer envelope. 2004 Op. Att'y Gen. No. 04-05.
