Current through Register Vol. 35, No. 18, September 24, 2024
A.
Ballots shall be tabulated for the reporting of votes pursuant to the Election
Code, Section
1-12-70 NMSA 1978.
(1) Early voted ballots, not by mail, cast on
a voting tabulator shall be counted separately from mailed ballots in
accordance with the Election Code and recorded in the early vote by machine
counting group.
(a) If an early voted ballot
is returned by the voting tabulator as overvoted or blank, the ballot shall be
accepted by the voting tabulator only after requesting and receiving a
declaration by the voter of their intent to cast the overvoted or blank ballot
as is.
(b) An early voter who
declares their intent to cast the overvoted or blank ballot, shall have their
ballot cast on the voting tabulator. For overvoted ballots, only those contests
receiving no more than the allotted selections for the number of candidates to
be elected or ballot questions where there is one selection for either the
affirmative or negative will be tabulated; for blank ballots, no votes will be
tabulated.
(c) An early voter who
declares their intent to not cast the overvoted or blank ballot shall have
their ballot rejected by the voting tabulator without the tabulation of votes.
The overvoted ballot shall be spoiled in conjunction with Section
1-12-62 NMSA 1978. The county clerk
or election board member shall instruct the voter to insert the spoiled ballot
into a spoiled ballot envelope and return the spoiled ballot envelope to the
county clerk. The voter shall then be issued a new ballot, be instructed how to
mark their selection of alternatives allowed in any candidate contest or ballot
question in the voting response area and how to personally feed the ballot into
the voting tabulator.
(i) In the event the
voter does not wish to spoil their voted ballot and declines a new ballot, the
overvoted ballot shall be delivered to the absent voter election board, after
the close of early voting, to be hand tallied in accordance with 1.10.23 NMAC.
The ballot will be counted and recorded in the early vote by hand tally
counting group; or,
(ii) If deemed
necessary by the county clerk, a high-speed central cast tabulator may be
designated, programmed and certified for the tabulation of such ballots. The
absent voter election board will adjudicate the overvoted or blank ballot and
count and record it in the early vote by hand tally counting
group.
(d) If an early
voted ballot cast is misread after being fed into the voting tabulator, the
voter shall be instructed to insert the ballot in a different orientation. If
the ballot is misread again, the ballot will be spoiled, and the county clerk
or election board member shall instruct the voter to insert the spoiled ballot
into a spoiled ballot envelope and return it to the county clerk in conjunction
with the Election Code, Section
1-12-62 NMSA 1978. The voter shall
then be issued a new ballot, be instructed how to mark their selection of
alternatives allowed in any candidate contest or ballot question in the voting
response area and how to personally feed the ballot into the voting tabulator.
In the event the voter does not wish to spoil their voted ballot and declines a
new ballot, the misread ballot shall be delivered to the absent voter election
board, after the close of the early voting period, by the election board, to be
hand tallied in accordance with 1.10.23 NMAC. The ballot will be counted and
recorded in the early vote by hand tally counting group.
(2) Mailed ballots, either returned by mail
or hand-delivered, shall be fed into a voting tabulator by an absent voter
election board member in accordance with the Election Code, Sections
1-6-11 and
1-6-14 NMSA 1978 as follows:
(a) An overvoted or blank mailed ballot shall
be accepted by the voting tabulator after it has been adjudicated by the absent
voter election board. The ballot will be counted and recorded in the absentee
by machine counting group.
(b) If a
mailed ballot is misread after being fed into a voting tabulator, an absent
voter election board member shall feed it into the voting tabulator a second
time. A mailed ballot that is rejected after two attempts shall be adjudicated
by the absent voter election board, hand tallied by precinct as provided in
1.10.23 NMAC and counted and recorded in the absentee by hand tally counting
group.
(c) Returned mailed ballots
that were issued via electronic transmission to a blind or visually impaired
voter will not contain programmed ballot markers necessary for tabulation by
the voting tabulator. These ballots shall be hand tallied by the absent voter
election board, by precinct and shall be counted and recorded in the absentee
by hand tally counting group.
(3) Returned military-overseas ballots,
either mailed back or electronically submitted shall be counted separately from
all other mailed or early voted ballots. The county clerk shall determine
whether returned military-overseas ballots are to be hand-tallied, or if
necessary, to designate, program and certify a voting tabulator for the
tabulation of such ballots.
(a) Returned
military-overseas ballots that do not contain programmed ballot markers
necessary for tabulation by a voting tabulator, shall be hand tallied by the
absent voter election board, by precinct and shall be counted and recorded in
the federal overseas hand tally counting group.
(b) When a voting tabulator is used for the
tabulation of military-overseas ballots that contain programmed ballot markers,
the ballots shall be fed into the voting tabulator by an absent voter election
board member and the votes shall be counted and recorded in the federal
overseas by machine counting group.
(c) An overvoted or blank military-overseas
ballot shall be accepted by the voting tabulator after it has been adjudicated
by the absent voter election board. The ballot will be counted and recorded in
the federal overseas by machine counting group.
(d) If a military-overseas ballot is misread
after being fed into a voting tabulator, an absent voter election board member
shall feed it into the voting tabulator a second time. A military-overseas
ballot that is rejected after two attempts shall be adjudicated by the absent
voter election board, hand tallied by precinct as provided in 1.10.23 NMAC and
counted and recorded in the federal overseas hand tally counting
group.
(4) Undervoted
ballots shall be accepted by the voting tabulator, regardless of either being
cast early at the county clerk's office, an alternate voting location or mobile
alternate voting location or mailed ballot and only those contests or ballot
questions receiving a selection by the voter will be tabulated.
B. The public counter number of
the voting tabulator will not increase in the above scenarios involving an
overvoted or blank ballot, unless the ballot is accepted by the voting
tabulator after requesting and receiving a declaration by the voter of their
intent to cast the overvoted or blank ballot as is or by adjudication of the
absent voter election board. An undervoted ballot fed into the voting tabulator
will increase the public counter number.
C. Overvoted, blank, undervoted or misread
ballots required to be hand tallied shall be recorded on the prescribed hand
tally sheet, by precinct, as follows:
(1) Each
ballot shall increase the ballots cast count by one;
(2) On an overvoted ballot, only those
candidate contests or ballot questions receiving no more than the allotted
selections for the number of candidates to be elected or ballot questions where
there is one selection for either the affirmative or negative will be hand
tallied;
(3) No votes for either
candidate contests or ballot questions will be hand tallied on a blank
ballot;
(4) On an undervoted
ballot, only those candidate contests or ballot questions receiving a selection
by the voter will be hand tallied; and,
(5) Only those contests receiving no fewer,
nor more than the allotted selections for the number of candidates to be
elected or ballot questions where there is one selection for either the
affirmative or negative will be hand tallied on a misread ballot.
D. An overvoted, blank or
undervoted ballot cast by a voter, after going through the above process shall
be recorded as a "ballot cast" and proper voting credit shall be given on the
respective voter registration record on file with the county clerk.
E. In accordance with the Election Code,
Section 1-12-70 NMSA 1978, the reporting of
vote totals by precinct and voting method shall be combined to the extent
necessary to protect the secrecy of each voter's ballot.