2017 New Mexico Statutes
Chapter 1 - Elections
Article 6 - Absentee Voting
Section 1-6-16.2 - Additional emergency procedure for voting.

Universal Citation: NM Stat § 1-6-16.2 (2017)

1-6-16.2. Additional emergency procedure for voting.

A. After the close of the period for requesting absentee ballots by mail, any voter who is unable to go to the polls due to unforeseen illness or disability resulting in the voter's confinement in a hospital, sanatorium, nursing home or residence and who is unable to vote in person may request in writing that a provisional paper ballot be made available to the voter. The written request shall be signed by the voter and a health care provider under penalty of perjury.

B. The provisional paper ballot shall be made available by the county clerk of the county in which the voter resides to any authorized representative of the voter who through the representative has presented the written request to the office of the county clerk.

C. Before releasing the provisional paper ballot, the county clerk shall compare the signature on the written request with the signature on the voter's affidavit of registration. If the county clerk determines that the signature on the written request is not the signature of the voter, the county clerk shall reject the request for a provisional paper ballot.

D. The voter shall mark the provisional paper ballot, place it in an identification envelope, fill out and sign the envelope and return the ballot to the office of the county clerk of the county in which the voter resides no later than the time of closing of the polls on election day. A provisional paper ballot issued pursuant to this section shall be qualified and tabulated once the county clerk determines that the person did not cast any other ballot and if no challenge is successfully interposed.

History: 1978 Comp., 1-6-16.2, enacted by Laws 1993, ch. 353, 1; 1999, ch. 267, 20; 2017, ch. 101, 4.

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