Current through Register Vol. 35, No. 18, September 24, 2024
A. An absent voter
election board shall be created for the purpose of determining voter
eligibility, counting and tabulating mailed and early voted ballots cast. The
board shall be comprised of election board members in accordance with the
Election Code, Section
1-2-12 NMSA 1978 provided that the
counting and tabulation of mailed ballots shall remain separate from early
voted ballots.
(1) Pursuant to the Election
Code, Section
1-6-11 NMSA 1978, the mailed
ballots shall be delivered along with all necessary supplies, including red
pencils or red pens, to be used as a writing instrument, for absent voter
election board members. Only the presiding judge shall be issued a black or
blue ink pen for signing and filling out required documents.
(2) Before opening the outer envelope, the
presiding judge and the election judges shall determine that the county clerk
has verified the required information by reviewing the outer envelope for the
presence of a signature and the presence of the last four digits of a social
security number and by reviewing the clerk's confirmation of verification on
the absentee ballot register. If the information under the privacy flap appears
to need further review by the county clerk, the absent voter election board
shall immediately notify the county clerk, and the county clerk shall verify
the information under the privacy flap.
(3) The processing of mailed ballots shall be
in accordance with the Election Code, Sections
1-6-10 and
1-6-14 NMSA 1978.
(a) A mailed ballot inner envelope containing
two ballots shall be counted if the determination can be made that the outer
envelope is signed by both voters, the absentee ballot register confirms the
county clerk verified that both voters provided the last four digits of their
social security numbers, the absentee ballot registered confirms the issuance
of mailed ballots to the voters who signed, and it has been determined that the
voters have not already voted in the election. Mailed ballot envelopes not in
compliance with one or more of the above requirements shall be changed to
"rejected" in the absentee ballot register, with the reason for
rejection.
(b) A mailed ballot
inner envelope containing no ballot shall be "accepted" if the outer envelope
is signed by the voter, the absentee ballot register confirms the issuance of
the ballot to the voter who signed the outer envelope, the absentee ballot
register confirms the county clerk verified that the voter provided the last
four digits of their social security number, and the voter has not voted in any
other manner during the election. Mailed ballot envelopes not in compliance
with one or more of the above requirements shall be changed to "rejected" in
the absentee ballot register, with the reason for rejection.
(4) Pursuant to the Election Code,
Subsections C and D of Section
1-6-14 NMSA 1978, a mailed ballot
envelope may be challenged by a lawfully appointed challenger. A voter who
satisfies the reason for the affirmed challenge before the conclusion of the
county canvass shall have their ballot accepted and counted. The voter's record
on the absentee ballot register shall be changed from "rejected" to "accepted",
and the notation "challenged-affirmed" on the mailed ballot envelope shall be
crossed out, signed and dated by either the presiding judge of the absent voter
election board or a member of the county canvassing board, dependent upon when
the voter satisfies the reason for the affirmed challenge. If the ballot is
hand tallied it shall be recorded in the mailed ballot hand tally counting
group. If the ballot is tabulated by a voting tabulator, it shall be recorded
in the mailed ballot machine counting group.
(5) A lawfully appointed challenger or
watcher shall not be permitted to take pictures or otherwise make copies of
documents containing protected personal information.
(6) A mailed ballot, processed as a
provisional ballot, in a provisional ballot envelope, prescribed by the
secretary of state because the first-time voter did not provide the required
form of physical identification prior to the ballot issuance, shall be
separated from all other mailed ballots and provided to the county clerk. The
county clerk shall perform the required provisional qualification process to
the ballots in accordance with the Election Code, Section
1-6-14 NMSA 1978 and with 1.10.22
NMAC.
B. Upon the last
day to early vote, all early voted ballots shall be delivered to the county
clerk, who will transfer custody to the absent voter election board. A receipt
containing the serial number and public counter number indicating the votes
recorded on the voting tabulator, number of ballot boxes, number of provisional
ballots, number of ballots to be hand tallied and the signature of the
respective alternate or mobile alternate voting location presiding judge shall
be provided. After verifying the information for accuracy, the county clerk or
absent voter election board presiding judge shall sign the receipt indicating
custody of the early voting returns, voting tabulator and ballot boxes. Keys to
the alternate or mobile alternate voting location and the key or security token
to access the voting tabulator shall also be transferred to the county clerk.
The receipt shall be maintained on file with the county clerk.
(1) The absent voter election board shall
process early voted ballots cast by closing the polls and running the results
reporting tapes for each voting tabulator used during the early voting period.
The absent voter election board shall be responsible for hand tallying any
early voted candidate contest or ballot question not tabulated by the voting
tabulator in accordance with the Election Code, Section
1-1-5.2 NMSA 1978.
(2) Provisional ballots issued during early
voting in the office of the county clerk, alternate voting location or mobile
alternate voting location for the reasons set out in the Election Code, shall
be provided to the county clerk.
C. The county canvassing board shall canvass
the election returns and ascertain whether any discrepancies, omissions or
errors appear on the face of the election returns, in accordance with the
Election Code, Section
1-13-1 to
1-13-22 NMSA 1978.
D. All provisional ballots issued to absent
or early voters are subject to requalification in the event of a recount or
contest as prescribed in the Election Code, Section
1-14-22 NMSA, 1978.
