2018 New Mexico Statutes
Chapter 1 - Elections
Article 6 - Absentee Voting
Section 1-6-5 - Processing application; issuance of ballot.
A. The county clerk shall mark each completed absentee ballot application with the date and time of receipt in the clerk's office and enter the required information in the absentee ballot register. The county clerk shall then determine if the applicant is a voter, and if the voter is a uniformed-service voter or an overseas voter. If the applicant is a uniformed-service voter or overseas voter, the application shall be processed pursuant to the Uniform Military and Overseas Voters Act [1-6B-1 through 1-6B-17 NMSA 1978].
B. If the applicant does not have a valid certificate of registration on file in the county, an absentee ballot shall not be issued and the county clerk shall mark the application "rejected" and file the application in a separate file from those accepted.
C. The county clerk shall notify in writing each applicant of the fact of acceptance or rejection of the application and, if rejected, shall explain why the application was rejected.
D. If the applicant has on file with the county a valid certificate of registration that indicates that the applicant is a voter who is a new registrant and who registered by mail without submitting the required voter identification, the county clerk shall notify the voter that the voter must submit with the absentee ballot the required physical form of identification. The county clerk shall note on the absentee ballot register and signature roster that the applicant's absentee ballot must be returned with the required identification.
E. If the applicant has on file with the county a valid certificate of registration, the county clerk shall mark the application "accepted" and, beginning twenty-eight days before the election, deliver an absentee ballot to the voter in the county clerk's office or mail to the applicant an absentee ballot and the required envelopes for use in returning the ballot. An absent voter shall not be permitted to change party affiliation during those periods when change of party affiliation is prohibited by the Election Code. Upon delivery of an absentee ballot to a voter in the county clerk's office or mailing of an absentee ballot to an applicant who is a voter, an appropriate designation shall be made on the signature line of the signature roster next to the name of the voter who has been provided or mailed an absentee ballot.
F. Absentee ballots may be marked in person at the county clerk's office during the regular hours and days of business beginning on the twenty-eighth day preceding the election and from 10:00 a.m. to 6:00 p.m. on the Saturday immediately prior to the date of the election. The act of marking the absentee ballot in the office of the county clerk shall be a convenience to the voter in the delivery of the absentee ballot and does not make the office of the county clerk a polling place subject to the requirements of a polling place in the Election Code. If the county clerk establishes an additional alternate voting location near the clerk's office, absentee ballots may be marked in person at that location during the regular hours and days of business beginning on the twenty-eighth day preceding the election and during the hours for voting at alternate voting locations commencing on the third Saturday prior to the election through the Saturday immediately prior to the election. The additional alternate voting location shall be operated by the county clerk and the county clerk's staff.
G. When marking an absentee ballot in person at the county clerk's office, the voter shall provide the required voter identification to the county clerk or the clerk's authorized representative. If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional ballot. If the voter provides the required voter identification, the voter, after subscribing an application for an absentee ballot, shall be allowed to vote by inserting the ballot into an optical scan tabulator certified for in-person absentee voting at the county clerk's office. The county clerk or the clerk's authorized representative shall make an appropriate designation indicating that the voter has voted absentee. In marking the absentee ballot, the voter may be assisted pursuant to the provisions of Section 1-12-15 NMSA 1978.
H. Absentee ballots shall be sent to applicants not later than on the Friday immediately prior to the date of the election.
I. An absentee ballot shall not be delivered or mailed by the county clerk to any person other than the applicant for such ballot.
J. The secretary of state and each county clerk shall make reasonable efforts to publicize and inform voters of the times and locations for absentee voting; provided, however, that notice is provided at least ten days before early voting begins.
K. The secretary of state shall establish procedures for the submittal, when required by federal law, of required voter identification with mailed-in absentee ballots.
L. It is unlawful to electioneer in the county clerk's office or in any alternate voting location.
History: 1953 Comp., § 3-6-5, enacted by Laws 1969, ch. 240, § 131; 1971, ch. 317, § 7; 1975, ch. 255, § 87; 1977, ch. 269, § 4; 1979, ch. 378, § 3; 1983, ch. 232, § 1; 1987, ch. 327, § 10; 1989, ch. 392, § 12; 1993, ch. 314, § 43; 1993, ch. 316, § 43; 1999, ch. 267, § 8; 2001, ch. 49, § 1; 2001, ch. 58, § 1; 2003, ch. 355, § 4; 2003, ch. 356, § 19; 2003, ch. 357, § 2; 2005, ch. 270, § 43; 2007, ch. 336, § 9; 2009, ch. 251, § 5; 2011, ch. 137, § 40; 2015, ch. 145, § 44.
Cross references. — For change of party affiliation, see 1-4-15 and 1-4-16 NMSA 1978.
The 2015 amendment, effective July 1, 2015, removed references to federal qualified electors, overseas voters and uniformed-service voters and required that these voters applications for absentee voting should be processed pursuant to the Uniform Military and Overseas Voters Act; in Subsection A, after "applicant is a voter,", deleted "an absent uniformed services" and added "and if the voter is a uniformed-service", after "voter or an overseas voter.", added "If the applicant is a uniformed-service voter or overseas voter, the application shall be processed pursuant to the Uniform Military and Overseas Voters Act."; in Subsection B, after "file in the county", deleted "and is not a federal qualified elector or if the applicant states that the applicant is a federal qualified elector but the application indicates the applicant is not a federal qualified elector"; in Subsection E, after "If the", deleted "county clerk finds that the applicant is a voter other than a federal qualified elector or overseas voter" and added "applicant has on file with the county a valid certificate of registration", and after "returning the ballot.", deleted "If the county clerk finds that the applicant is a federal qualified elector or overseas voter, the county clerk shall mark the application 'accepted' and beginning forty-five days before the election, mail to the applicant an absentee ballot and the required envelopes for use in returning the ballot. Acceptance of an application of a federal qualified elector constitutes registration for the election in which the ballot is to be cast. Acceptance of an application from an overseas voter who is not an absent uniformed services voter constitutes a request for changing information on the certificate of registration of any such voter".
The 2011 amendment, effective July 1, 2011, rewrote the procedure for marking an absentee ballot at the county clerk's office and prohibited electioneering in county clerks' offices or at any alternate voting location.
The 2009 amendment, effective June 19, 2009, in Subsection F, added the last sentence; in Subsection G, deleted the second sentence which permitted a voter to be assisted in marking a ballot; and added the last sentence.
The 2007 amendment, effective April 2, 2007, in Subsection G, eliminated the requirement that absentee ballots be airmailed or electronically transmitted to applicants temporarily domiciled inside or outside the continental limits of the United States.
The 2005 amendment, effective July 1, 2005, in Subsection D, provided that if the voter is a new registrant who registered by mail, the county clerk shall notify the voter that the voter must submit the required physical form of identification, and deleted the former provision that the voter must submit a copy of a current and valid photo identification, utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the applicant; in Subsection F, provided that it is unlawful to display the prohibited items in the alternate voting location; in Subsection G, deleted former provisions which provided for the establishment of voting locations and the time of voting; in Subsection G, provided that absentee ballots may be electronically transmitted to applicants; changed the deadline for sending ballots from Thursday to Friday; deleted the former provisions in Subsection J, which provided for the acceptance of absentee ballots by the county clerk from absent uniformed services voters or overseas voters; in Subsection I, provided that the notice must be provided at least ten days before early voting begins; and added Subsection J to provide that the secretary of state shall establish procedures for the submittal, when required by federal law, of required voter identification with mailed-in absentee ballots.
The 2003 amendment, effective June 20, 2003, added a new Subsection D and redesignated the remaining subsections; rewrote Subsection E, inserting the second sentence, rewrote the last two sentences in Subsection F, and rewrote Subsection G, adding the third, fourth, and fifth sentences.
The 2001 amendment, effective June 15, 2001, in Subsection F, moved "on an electronic voting machine" from preceding "at an alternate location" to preceding "at the county clerk's office" and inserted "; provided, a county clerk may allow an absent voter to vote on an electronic voting machine beginning on the fortieth day before the election".
The 1999 amendment, effective June 18, 1999, substituted "marking and delivery" for "making and delivery" in the section heading; in Subsection D, substituted "If the county clerk finds that the applicant is" for "If the applicant is determined to be", inserted "an absentee ballot to the voter in the county clerk's office" in the first sentence and made a similar insertion in the last sentence, and substituted "has been provided or mailed" for "has been sent" in the last sentence; in Subsection E, deleted "in the courthouse" following "secretary of state" in the first sentence, and deleted "upon the execution with the county clerk of an affidavit for assistance stating therein that the voter meets at least one of the conditions for receiving such assistance as is set forth by the provisions of Section 1-12-12 NMSA 1978" at the end of the last sentence; added Subsection F, and redesignated the subsequent subsections accordingly; inserted "by the county clerk" in Subsection H; and added Subsection J.
The 1993 amendment, effective June 18, 1993, substituted "certificate" for "affidavit" in Subsection B.
Absentee ballots taken on weekend valid. — The taking of absentee ballots on a weekend by the county clerk is a technical irregularity which does not threaten the purity of the electoral process; therefore, the trial court erred in invalidating these votes. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Delivery by agent does not void ballot. — Delivery of the completed ballots by an agent of the voters to the county clerk's office, standing alone, is not a sufficient deviation from the provisions of the absentee voter laws to void the votes in question. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Mere technical irregularities do not void election. — An election will not be disturbed by reason of technical irregularities in the manner of conducting it or of making the returns thereof, especially in the absence of pleading and proof that the result was thereby changed or at least made uncertain. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Assistance of voter by candidate's wife not violation. — When the wife of a candidate assisted a voter in casting her ballot and there is no claim or proof of any undue influence or other wrongdoing on the part of the candidate's wife except that she simply helped the voter in casting her ballot, there is no violation of election law. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 361.
29 C.J.S. Elections § 210(6).
