New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 10 - ELECTIONS AND ELECTED OFFICIALS
Part 22 - PROVISIONAL VOTING
Section 1.10.22.11 - PROVISIONAL VOTER NOTIFICATION AND HEARING PROCESS
Universal Citation: 1 NM Admin Code 1.10.22.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. In accordance with Section 1-12-25.2 NMSA 1978, the county clerk shall notify each provisional voter whose provisional ballot was rejected and inform the voter of the right to appeal such rejection and provide information or documentation to cure the reason the ballot was rejected until the Friday prior to the meeting of the state canvassing board. The appeal process shall be conducted as follows:
(1) the
voter shall submit a written request for a hearing to appeal the rejection, and
at any time up to and including the appeal hearing, the voter may provide
information or documentation to satisfy the reason the ballot was
rejected;
(2) the county clerk
shall select a hearing officer(s) from staff or a person who is not affiliated
with any candidate to be voted for at the election and knowledgeable of
election law;
(3) the county clerk
shall provide a disability accessible room for the appeal hearing to be
held;
(4) the voter shall schedule
an appointment time for an appeal by calling the county clerk's office and
shall appear under oath and show by a preponderance of the evidence that the
vote should be counted;
(5) the
voter may appear with an advocate;
(6) the appeal hearing shall be a public
meeting, but the voter's date of birth and social security number shall not be
stated out loud and the public shall not be in the line of sight or view or
make notes of the voter's personal information;
(7) the county clerk and the public may make
a brief public comment and offer relevant exhibits but only the hearing officer
shall be permitted to cross examine the witness;
(8) the hearing officer shall not be bound by
the rules of civil procedure, but may use them for guidance and shall make an
immediate oral decision explaining the decision by citing a provision of the
Election Code;
(9) if the voter
prevails, the hearing officer shall direct the county clerk to handle the
ballot as a qualified provisional ballot.
B. The county clerk shall notify the county canvassing board of the completion and results of the appeals process.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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