2015 New Mexico Statutes
Chapter 1 - Elections
Section 1 Definitions and General Provisions
Section 1-1-5.2 Definition of a vote; counting of hand-tallied ballots.
1-1-5.2. Definition of a vote; counting of hand-tallied ballots.
A. A vote on a paper ballot used on an electronic vote tabulating system, optical scan vote tabulating system or high-speed central count vote tabulator consists of a voter's selection of a candidate or answer to a ballot question indicated in the voting response area of the paper ballot marked in accordance with the instructions for that ballot type.
B. For paper ballots that are hand-tallied, a vote shall be counted if:
(1) the ballot is marked in accordance with the instructions for that ballot type;
(2) the preferred candidate's name or answer to a ballot question is circled;
(3) there is a cross or check within the voting response area for the preferred candidate or answer to the ballot question; or
(4) the presiding judge and election judges for the precinct unanimously agree that the voter's intent is clearly discernable.
History: Laws 2003, ch. 356, 9; 2005, ch. 270, 58; 2007, ch. 337, 11; 1-9-4.2 NMSA 1978, recompiled as 1-1-5.2 NMSA 1978 by Laws 2010, ch. 28, 21.
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