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2020 New Mexico Statutes
Chapter 1 - Elections
Article 12 - Conduct of Elections
Section 1-12-62 - Paper ballots; spoiled or defaced.

Universal Citation: NM Stat § 1-12-62 (2020)
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A. A voter who accidentally spoils or erroneously prepares the voter's paper ballot may return the spoiled or erroneously prepared paper ballot to the presiding judge and receive a new paper ballot.

B. The presiding judge in delivering the new paper ballot shall announce the name of the voter and the number of the new paper ballot in an audible tone.

C. Upon the announcement of the presiding judge, the election clerks shall make a record in the signature roster and checklist of registered voters that the voter received a replacement ballot.

D. The voter shall mark the spoiled or erroneously prepared paper ballot with the word "SPOILED" and shall place it in a separate envelope marked "SPOILED BALLOTS", which shall be returned to the county clerk.

History: 1953 Comp., § 3-12-96, enacted by Laws 1977, ch. 222, § 65; 1987, ch. 249, § 40; 1991, ch. 105, § 36; 2009, ch. 150, § 26.

ANNOTATIONS

The 2009 amendment, effective June 19, 2009, in Subsection A after "erroneously prepares", deleted "his emergency" and added "the voter's"; after "erroneously prepared", deleted "emergency" and after "receive a new", deleted "emergency"; in Subsection B, after "new" in two places, deleted "emergency"; in Subsection C, after "election clerks shall", deleted "cross out the number of the spoiled or erroneously prepared emergency paper ballot" and added "make a record"; and after "registered voters", deleted "with a single line and shall insert in lieu thereof the number of the new emergency paper" and added the remainder of the sentence; and in Subsection D, after "The", deleted "presiding judge" and added "voter" and after "prepared", deleted "emergency".

The 1991 amendment, effective April 2, 1991, in Subsection C, inserted "and checklist of registered voters" following "roster" and deleted a second sentence which read "In similar manner, an election judge shall correct the voter's original affidavit of registration" and made a minor stylistic change in Subsection B.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 204.

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