2018 New Mexico Statutes
Chapter 1 - Elections
Article 3 - Precincts and Polling Places
Section 1-3-4 - Consolidation of precincts.

A. Precincts may be consolidated by the board of county commissioners for the following elections:

(1) primary and general elections; and

(2) local elections.

B. When precincts are consolidated for a primary and general election or a regular local election, the resolution required by Section 1-3-2 NMSA 1978, in addition to the other matters required by law, shall state therein which precincts have been consolidated and the designation of the polling place. In addition, when consolidating precincts:

(1) any voter of the county shall be allowed to vote in any consolidated precinct polling location in the county;

(2) each consolidated precinct in a primary or general election shall be composed of no more than ten precincts;

(3) each consolidated precinct in a local election shall be composed of no more than twenty precincts;

(4) each consolidated precinct shall comply with the provisions of Section 1-3-7 NMSA 1978;

(5) each consolidated precinct polling location shall have a broadband internet connection and real-time access to the statewide voter registration electronic management system;

(6) the county clerk may maintain any alternative voting locations previously used in the same election open for voting on election day for any voter in the county, in addition to the polling location established in each consolidated precinct; and

(7) the board of county commissioners may permit rural precincts to be exempted from operating as or being a part of a consolidated precinct; provided that if the precinct is not designated as a mail ballot election precinct pursuant to Section 1-6-22.1 NMSA 1978 and the polling place for the rural precinct does not have real-time access to the statewide voter registration electronic management system, voters registered in a rural precinct as described in this paragraph are permitted to vote in any consolidated precinct polling location on election day only by use of a provisional paper ballot, which shall be counted after the county clerk confirms that the voter did not also vote in the rural precinct.

C. Unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived, each consolidated precinct polling location shall:

(1) have ballots available for voters from every precinct that is able to vote in the consolidated precinct;

(2) have at least one optical scan tabulator programmed to read every ballot style able to be cast in the consolidated precinct;

(3) have at least one voting system available to assist disabled voters to cast and record their votes;

(4) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible;

(5) have sufficient check-in stations to accommodate voters throughout the day as provided in Section 1-9-5 NMSA 1978;

(6) have a secure area for storage of preprinted ballots or for storage of paper ballot stock and a system designed to print ballots at a polling location;

(7) issue a ballot to voters who have provided the required voter identification after the voter has signed a signature roster or an electronic equivalent approved by the voting system certification committee or after the voter has subscribed an application to vote on a form approved by the secretary of state; and

(8) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.

D. As a prerequisite to consolidation, the authorizing resolution must find that consolidation will make voting more convenient and accessible to voters of the consolidated precinct and will not result in delays for voters in the voting process and that the consolidated precinct voting location will be centrally located within the consolidated precinct.

History: 1953 Comp., § 3-3-4, enacted by Laws 1975, ch. 255, § 30; 2011, ch. 131, § 3; 2015, ch. 145, § 11; 2018, ch. 79, § 4.

Repeals and reenactments. — Laws 1975, ch. 255, § 30, repealed 3-3-4, 1953 Comp., relating to consolidation of precincts, special elections and notice, and enacted the above section.

Cross references. — For the federal Americans with Disabilities Act of 1990, see titles 29, 42 and 47 of the U.S. Code.

For consolidated precinct defined, see 1-1-12 NMSA 1978.

For contents of notice of election, see 1-11-2 NMSA 1978.

The 2018 amendment, effective July 1, 2018, revised the list of elections where precincts may be consolidated by the board of county commissioners, removed from the governing body of a municipality and from local school boards for certain elections the authority to consolidate precincts, revised certain rules for consolidating precincts, and made minor technical changes; in Subsection A, Paragraph A(2), deleted "statewide special" and added "local", and deleted former Paragraphs A(3) and A(4), which related to countywide special elections and elections to fill vacancies in the office of the United States representative; deleted former Subsections B and C, which related to other entities' authority to consolidate precincts, and redesignated Subsection D as Subsection B; in Subsection B, in the introductory paragraph, after "general election" added "or a regular local election", and after "when consolidating precincts", deleted "for primary and general elections", added Paragraph B(3) and redesignated former Paragraphs D(3) through D(6) as Paragraphs B(4) through B(7); and deleted former Subsections E and F and redesignated Subsections G and H as Subsections C and D, respectively.

The 2015 amendment, effective July 1, 2015, required that each consolidated precinct polling location shall have sufficient check-in stations to accommodate voters throughout the day as provided in Section 1-9-5 NMSA 1978, and made other technical amendments; in Paragraph (4) of Subsection A, after "the office of", deleted "the", and after "United States", deleted "house of representatives" and added "representative"; in Paragraph (2) of Subsection D, after "consolidated precinct", added "in a primary or general election", and after "shall be", deleted "comprised" and added "composed"; in Subsection F, after the first occurrence of "vacancy in the office of", deleted "the", after "United States", deleted "house of representatives" and added "representative", after the second occurrence of "vacancy in the office of", deleted "the", and after "United States", deleted "house of representatives" and added "representative"; and added a new Paragraph (5) of Subsection G and redesignated the succeeding paragraphs accordingly.

The 2011 amendment, effective July 1, 2011, authorized governing bodies of counties, municipalities and local schools to consolidate precincts and provided requirements and procedures for consolidating precincts and voting in consolidated precincts.