2021 New Mexico Statutes
Chapter 1 - Elections
Article 6B - Uniform Military and Overseas Voters
Section 1-6B-7 - Transmission of unvoted military-overseas ballots to federal qualified electors.
A. Not later than forty-five days before an election, even if the forty-fifth day before an election falls on a weekend or a holiday, the county clerk shall transmit a ballot and balloting materials to all federal qualified electors who by that date submit a valid military-overseas ballot application.
B. The county clerk shall transmit a ballot and balloting materials as soon as practicable when the ballot application from a federal qualified elector arrives after the forty-fifth day before the election and before absentee ballots are transmitted to other voters pursuant to the Absent Voter Act.
C. The county clerk shall transmit a ballot and balloting materials in accordance with the procedures for processing of all other absentee ballot applications for that jurisdiction when the ballot application from a federal qualified elector arrives after the county clerk has begun transmitting ballots and balloting materials to other voters.
D. A federal qualified elector may request that the ballot and balloting materials be sent by secured electronic transmission available to the county clerk where the ballot and balloting materials are sent directly by the clerk to the federal qualified elector. The clerk shall determine the most reasonable expedited means of delivery for a ballot and balloting materials for a federal qualified elector who does not request secured electronic transmission.
History: Laws 2015, ch. 145, § 31; 2018, ch. 79, § 12; 2019, ch. 212, § 82.
ANNOTATIONSThe 2019 amendment, effective April 3, 2019, removed certain methods of transmission of military-overseas ballots, and provided that electronic transmission of ballots be secured; in Subsection D, after "be sent by", deleted "facsimile transmission, electronic mail delivery or other equivalent" and added "secured", deleted "The clerk shall transmit the ballot and balloting materials using the means of transmission requested by the federal qualified elector.", and after "does not request", deleted "a particular means of" and added "secured electronic".
The 2018 amendment, effective July 1, 2018, made conforming changes as a result of the repeal of the Municipal Election Code; and in Subsection B, after "Absent Voter Act", deleted "or the provisions of the Municipal Election Code".
Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
