2011 New Mexico Statutes
Chapter 1: Elections
Article 6: Absentee Voting, 1-6-1 through 1-6-25
Section 1-6-16: Casting ballot in person prohibited.
1-6-16. Casting ballot in person prohibited.
A. No person who has been issued an absentee ballot shall vote in person other than on a replacement absentee ballot.
B. At any time prior to 5:00 p.m. on the Monday immediately preceding the date of the election, a person whose absentee ballot application has been accepted and who was mailed an absentee ballot but who has not received the absentee ballot may execute, in the office of the county clerk or at an alternate voting location in the county where the voter is registered to vote, during operational hours, a sworn affidavit stating that the person did not receive or vote the absentee ballot. Upon receipt of the sworn affidavit, the county clerk shall issue the voter a replacement absentee ballot.
C. Replacement absentee ballots shall be delivered to the absent voter precinct board for tabulation and shall not be placed in a voting system for tabulation of votes cast at the office of the county clerk or at an alternate voting location.
D. The secretary of state shall prescribe the form of the affidavit and the manner in which the county clerk shall void the first ballot mailed to the applicant.
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