2021 New Mexico Statutes
Chapter 1 - Elections
Article 12 - Conduct of Elections
Section 1-12-7.1 - Voter lists; signature rosters; checklist of voters; use during election.
A. At each election day polling location, other than a consolidated precinct where any voter in the county may vote, the precinct board [election board] shall post securely at or near the entrance of the polling place one copy of an alphabetical list of voters and a map of the precincts represented in that polling place for use of the voters prior to voting. The posted copy shall not contain a listing of voter addresses, years, months or days of birth or social security numbers.
B. At each polling location where physical rosters are used, the presiding judge of the precinct board [election board] shall assign one judge or election clerk of the board to be in charge of one copy of the checklist of voters, which shall be used to confirm the registration and voting of each person offering to vote.
C. The presiding judge of the precinct board [election board] shall assign one judge or election clerk to be in charge of the signature roster.
D. The judge or election clerk assigned to confirm registration shall determine that each person offering to vote is registered and, in the case of a primary election, that the voter is registered in a party designated on the primary election ballot. If the person's registration is confirmed and the voter provides the required voter identification, the judge or election clerk shall announce to the judges or election clerks the list number and the name of the voter as shown on the checklist of voters. If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional paper ballot and shall provide the required voter identification to the county clerk's office before 5:00 p.m. on the second day following the election, or to the precinct board [election board] before the polls close, or the voter's provisional ballot shall not be qualified. If the required voter identification is provided, the voter's provisional paper ballot shall be qualified and the voter shall not vote on any other type of ballot.
E. The judge or election clerk shall locate the name on the signature roster and shall require the voter to sign the voter's usual signature or, if unable to write, to make the voter's mark opposite the voter's printed name. If the voter makes the voter's mark, it shall be witnessed by one of the judges or election clerks of the precinct board [election board].
F. If the signature roster indicates that the voter is required to present a physical form of identification before voting, the judge or election clerk shall ask the voter for the required physical form of identification. If the voter does not provide the required identification, the voter shall be allowed to vote on a provisional paper ballot; provided, however, that if the voter brings the required physical form of identification to the polling place after casting a provisional paper ballot, that ballot shall be qualified.
G. The judge or election clerk shall follow the procedures provided for in Sections 1-12-7.2 and 1-12-8 NMSA 1978 if a person whose name does not appear on the signature roster requests to vote or a person is required to vote on a provisional paper ballot.
H. A voter shall not be permitted to vote until the voter has properly signed the voter's usual signature or made the voter's mark in the signature roster.
History: 1953 Comp., § 3-5-11, enacted by Laws 1969, ch. 240, § 112; 1975, ch. 255, § 68; 1977, ch. 222, § 10; 1987, ch. 327, § 4; 1995, ch. 166, § 3; 2003, ch. 356, § 15; 1978 Comp., § 1-5-10, recompiled as § 1-12-7.1 by Laws 2005, ch. 270, § 63; 2008, ch. 59, § 8; 2011, ch. 137, § 83; 2015, ch. 145, § 60.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.
Recompilations. — Laws 2005, ch. 270, § 63 recompiled former 1-5-10 NMSA 1978 as 1-12-7.1 NMSA 1978, effective July 1. 2005.
The 2015 amendment, effective July 1, 2015, required the precinct board to post a map of the precincts represented in each polling place, required the presiding judge of the precinct board to assign one judge or clerk to be in charge of a copy of the checklist of voters at each polling location where physical rosters are used to confirm the registration and voting of each person offering to vote; in Subsection A, after "A.", added "At", after "each", added "election day polling location, other than a consolidated precinct where any voter in the county may vote, the", after "precinct board", deleted "using voter lists", after "alphabetical list of voters", added "and a map of the precincts represented in that polling place", after "years", added "months or days", and after "of birth", deleted "unique identifiers"; in Subsection B, added "At each polling location where physical rosters are used"; in Subsection D, after "clerk assigned to", deleted "the checklist of voters used for confirmation of" and added "confirm", after the first occurrence of "registration", deleted "and voting", after "registration is confirmed", deleted "by the presence of the person's name on the checklist of voters"; in Subsection E, after "shall locate", deleted "that list number and" and added "the", and after "clerks of the precinct board.", designated the remainder of the subsection as Subsection F, and after "the ballot shall be qualified", deleted the remainder of the subsection; and redesignated former Subsections F and G as Subsections G and H, respectively.
The 2011 amendment, effective July 1, 2011, authorized the presiding judge to assign an election clerk to be in charge of one copy of the checklist of voters and authorized such election clerks to determine that each person offering to vote is registered and to witness a voter's mark; required a person who votes on a provisional ballot to provide voter identification before 5:00 p.m. on the second day after the election; and eliminated the requirement that election clerks strike through each signature space in the signature roster that has no signature or mark.
The 2008 amendment, effective May 14, 2008, in the catchline, changed "precinct voter list" to "checklist of voters"; and in Subsection A, provided that the posted copy shall not contain the voter's address, year of birth or unique identifier.
The 2005 amendment, effective July 1, 2005, changed "voter list" to "precinct voter list"; deleted the former provision of Subsection D that if the person presents a certificate under the seal and signature of the county clerk showing that he is entitled to vote in the election and to vote in that precinct, the judge shall announce to the clerks the list number and name of the voter; provided in Subsection D that if the voter provides the required voter identification, the judge shall announce to the clerks the list number and name of the voter, that if the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional ballot and shall provide the voter identification to the county clerk before the canvas begins or to the precinct board before the poll closes or the provisional ballot shall not be qualified, and that if the voter identification is provided, the provisional ballot shall be qualified and the voter shall not vote on any type of ballot; deleted the former provision in Subsection E, which provided that if the roster indicated that the voter is required to present identification before voting, the judge shall ask for a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows and matches the name and address of the voter as indicated on the roster; and in Subsection E, provided that if the roster indicates that the voter is required to present physical identification before voting, the judge shall ask for the required physical form of identification and that if the voter does not provide the required identification and votes on a provisional ballot, the ballot shall be qualified if the voter brings the required physical form of identification to the polling place after casting the provisional ballot and the voter shall not vote on any other type of ballot.
