2021 New Mexico Statutes
Chapter 1 - Elections
Article 6 - Absentee Voting
Section 1-6-8 - Mailed ballot envelopes.
A. The secretary of state shall prescribe the form of, procure and distribute to each county clerk a supply of:
(1) official inner envelopes for use in sealing the completed mailed ballot;
(2) official mailing envelopes for use in returning the official inner envelope to the county clerk, which shall be postage-paid; provided that only the official mailing envelope for absentee ballots in a political party primary shall contain a designation of party affiliation;
(3) mailed ballot instructions, describing proper methods for completion of the ballot and returning it; and
(4) official transmittal envelopes for use by the county clerk in sending mailed ballot materials.
B. Official transmittal envelopes and official mailing envelopes for transmission of mailed ballot materials to and from the county clerk and voters shall be printed in black in substantially similar form. All official inner envelopes shall be printed in black.
C. The reverse of each official mailing envelope shall contain a form to be executed by the voter completing the mailed ballot. The form shall identify the voter and shall contain the following statement: "I have not and will not vote any other ballot in this election". The official mailing envelope shall contain a space for the voter to record the voter's name, registration address and year of birth. The envelope shall have a security flap to cover this information.
History: 1953 Comp., § 3-6-8, enacted by Laws 1969, ch. 240, § 134; 1977, ch. 269, § 6; 1983, ch. 232, § 2; 1987, ch. 327, § 11; 1993, ch. 20, § 2; 1997, ch. 201, § 2; 1999, ch. 267, § 11; 2005, ch. 270, § 46; 2008, ch. 59, § 6; 2015, ch. 145, § 46; 2019, ch. 212, § 69.
ANNOTATIONSCross references. — For the federal Uniformed and Overseas Citizens Absentee Voting Act, see 42 U.S.C.S. § 1973ff et seq.
The 2019 amendment, effective April 3, 2019, changed "absentee ballot" to mailed ballot", revised the form to be executed by the voter completing the mailed ballot, and removed a provision prohibiting compensation or reward for giving or withholding a vote; in Subsection A, Paragraph A(2), after "county clerk,", added "which shall be postage-paid"; and in Subsection C, after "I", added "have not and", after "will not vote", deleted "in this election" and added "any", after "other", deleted "than by the enclosed", and after "ballot", deleted "I will not receive or offer any compensation or reward for giving or withholding any vote" and added "in this election".
The 2015 amendment, effective July 1, 2015, removed the requirement that absentee ballot envelopes must be printed in the form prescribed by the federal Uniformed and Overseas Citizens Absentee Voting Act; in Subsection B, deleted "Official transmittal envelopes and official mailing envelopes for transmission of absentee ballot materials to and from the county clerk and federal qualified electors shall be printed in the form prescribed by the federal Uniformed and Overseas Citizens Absentee Voting Act."
The 2008 amendment, effective May 14, 2008, in Subsection D, deleted "unique identifier" and required the mailing envelop to contain space for the voter's name and registration address.
The 2005 amendment, effective July 1, 2005, added Subsection D to provide that the official mailing envelope shall contain a space for the voter's unique identifier, year of birth and name and have a flap to cover that information.
The 1999 amendment, effective June 18, 1999, substituted "voter" for "person" twice in Subsection C.
The 1997 amendment, effective June 20, 1997, added the language beginning "provided, the official mailing" at the end of Paragraph A(2).
The 1993 amendment, effective June 18, 1993, deleted "under oath" following "executed" in the first sentence of Subsection C.
