2020 New Mexico Statutes
Chapter 1 - Elections
Article 12 - Conduct of Elections
Section 1-12-12 - Conduct of election; eligibility for assistance.

A voter may request assistance in voting only if the voter:

A. is blind;

B. is physically disabled;

C. is unable to read or write;

D. is a member of a language minority who has an inability to read well enough to exercise the elective franchise; or

E. requires assistance in operating the voting system provided for voting access for people with disabilities.

History: 1953 Comp., § 3-12-29, enacted by Laws 1969, ch. 240, § 265; 1977, ch. 124, § 8; 2005, ch. 270, § 67; 2019, ch. 212, § 111.

The 2019 amendment, effective April 3, 2019, revised the provision related to assistance in voting; and in Subsection E, after "system", added "provided for voting access for people with disabilities".

The 2005 amendment, effective July 1, 2005, added Subsection E to provide that a voter may request assistance if the voter requires assistance in operating the voting system.

General election laws apply to municipal school board elections unless the statutes provide otherwise. Therefore in a municipal school board election a voter who is in need of assistance is entitled to have one person of his own choice assist him in casting his vote. 1963 Op. Att'y Gen. No. 63-08 (rendered under former law).

Disabled voter may be accompanied in polling place. — This section provides for assistance to electors who declare to the judges of election that they are unable to mark the ballot because of blindness, defective eyesight, other physical disability or because they cannot read either the English or Spanish language and any of these provisions prevent their marking the ballot. The elector may be accompanied in the polling place by the two poll clerks and one person of his own selection. 1961 Op. Att'y Gen. No. 61-132 (opinion rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 331 et seq.

29 C.J.S. Elections § 208.