2018 New Mexico Statutes
Chapter 1 - Elections
Article 1 - Definitions and General Provisions
Section 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.
Recompilations. — Laws 2010, ch. 28, § 21 recompiled former 1-9-4.2 NMSA 1978 as 1-1-5.2 NMSA 1978, effective March 3, 2010.
Hand-tallied ballots. — This section, as implemented by the regulations of the secretary of state which lay out detailed guidelines for determining what kinds of ballot marks should and should not constitute a legal vote along with graphical examples of ballots with unconventional markings, accompanied by rules about how to interpret such marks, is constitutional on its face. State of N.M. ex rel. League of Women Voters v. Herrera, 2009-NMSC-003, 145 N.M. 563, 203 P.3d 94.
