Current through Register Vol. 35, No. 18, September 24, 2024
A. A voter
shall have the right to vote by absentee ballot for all candidate contests and
ballot questions as if the voter were casting the ballot in person at their
election day polling place. Absentee voting is provided as follows:
(1) By mail - by completing and signing an
application as provided in the Election Code, Section
1-6-5 NMSA 1978 and received by the
office of the county clerk, pursuant to the Election Code, Section
1-6-10 NMSA 1978 during the regular
hours and days of business.
(a) A voter who
is required to present identification and has not done so at the time the
voter's ballot is to be mailed to them, shall be sent a ballot that is
processed as a provisional ballot, and shall include instructions on how to
provide the required identification pursuant to the Election Code, Section
1-4-5.1 NMSA 1978.
(b) A blind or visually impaired voter
pursuant to the Election Code, Section
1-9-7.1 NMSA 1978, may request an
electronically transmitted ballot by completing an absentee application and
executing a statement certifying blindness. The county clerk shall provide a
mailed ballot through electronic transmission, enabling the use of one's
personal nonvisual or low vision access technology to independently mark the
ballot. The electronic transmission shall also include instructions on how the
voter accesses the ballot, marks their selections, returns the ballot, as well
as, the voter certificate as required in the Election Code, Subsection C of
Section 1-6-8 NMSA 1978, which shall be
completed, signed and included with the returned ballot, in the outer envelope.
(i) The secretary of state shall prescribe an
official transmittal envelope such that the blind or visually impaired voter
can distinguish it for the purposes of returning the mailed ballot.
(ii) Delivery of electronically transmitted
ballots shall be by a computer system secured by intrusion detection and
protection systems.
(2) Early - by completing and signing an
application at the office of the county clerk beginning 28 days before the
election, or 20 days prior to the election at an alternate voting location or
mobile alternate voting location in accordance with the Election Code, Section
1-6-5 NMSA 1978.
(a) Each county clerk shall ensure that the
employee issuing ballots at the office of the county clerk and election board
members at the alternate voting location or mobile alternate voting location
are trained on the accessible voting device of the voting tabulator so that any
voter may mark a ballot independently.
(b) A voter who is required to present a
physical form of identification and does not submit it upon requesting to vote
early shall be issued a provisional ballot in accordance with the Election
Code, Section
1-12-7.1 NMSA
1978.
(3) A federal
qualified elector or emergency response provider may apply for a mailed ballot
in accordance with the Uniform Military and Overseas Voter
Act.
B. Unless the voter
is certified to participate in the confidential substitute address program
pursuant to the Confidential Substitute Address Act, a voter who has been
issued a mailed ballot by mail or via electronic delivery shall not be allowed
to vote, other than under the following conditions:
(1) In accordance with the Election Code,
Section 1-6-16 NMSA 1978, a voter who has
not received, or if received, has not voted the ballot, may request a
replacement ballot and shall be issued and mailed a replacement ballot that
shall be processed as a provisional ballot. The replacement ballot may be
mailed to the voter seven or more days before election day, to include express
mail, if the county clerk deems necessary,. Once voted, the voter shall place
the replacement ballot in an inner envelope, then in an outer envelope and
shall enclose a completed and signed sworn affidavit.
(2) If the county clerk does not have
real-time synchronization between a voting location and the qualification of
mailed ballots, the voter, by executing a sworn affidavit at the office of the
county clerk, alternate voting location, mobile alternate voting location or
election day polling place affirming that they have not received, or if
received, have not voted the ballot, shall be issued a replacement absentee
ballot that is processed as a provisional ballot, along with a provisional
ballot envelope prescribed by the secretary of state.
A replacement absentee ballot issued pursuant to this section
must be voted on prior to the voter leaving the premises of the office of the
county clerk, alternate voting location, mobile alternate voting location or
election day polling, provided however, that the ballot shall be not be cast in
the voting tabulator, but placed and sealed in a provisional ballot envelope
prescribed by the secretary of state to undergo the subsequent provisional
qualification process by the county clerk.
(3) If the county clerk does have real-time
synchronization between the voting location and the qualification of mailed
ballots, the voter, by executing a sworn affidavit affirming that they did not
and will not vote the mailed ballot that was issued, may appear at the office
of the county clerk, an alternate voting location a mobile alternate voting
location, or election day voting location and be issued a replacement ballot to
be filled out and fed by the voter into the electronic vote
tabulator.
(4) A voter who is
certified to participate in the confidential substitute address program
pursuant to the Confidential Substitute Address Act shall not vote in person
but may request and receive a replacement ballot by appearing in person only at
the office of the county clerk and by executing an affidavit pursuant to
Subsection C of Section
1-6C-6 NMSA 1978 stating that the
voter participant wishes to void any previously mailed ballot that was mailed
in that election.