Current through Register Vol. 35, No. 6, March 26, 2024
A. A person offering to vote shall be allowed
to vote on a provisional ballot in accordance with the Election Code.
B. When issuing a provisional ballot, the
precinct board shall ensure the following:
(1) a provisional voter places the ballot in
the inner envelope and provisional ballot envelope prescribed by the secretary
of state and shall fill out all required information on the provisional ballot
envelope;
(2) the name of a
provisional voter is entered in the signature roster on the line immediately
following the last entered voter's name, or in its electronic equivalent when
consolidated precincts are used, pursuant to the Election Code;
(3) a provisional voter completes the
certificate of voter registration attached to the provisional ballot envelope,
and that the certificate of registration remains attached to the provisional
ballot envelope and returned to the county clerk;
(4) a provisional voter is not permitted to
place the voted ballot into the voting tabulator;
(5) a provisional voter is not subject to a
challenge at the time of voting under the procedures provided in the Election
Code;
(6) the required physical
form of identification provided by a provisional voter who returned to the
alternate voting location, mobile alternate voting location or election day
polling place, after already casting a provisional ballot, shall be placed with
the provisional ballot envelope to be used by the county clerk during the
provisional ballot qualification process, in accordance with the Election Code,
Section
1-12-7.1
NMSA 1978; and,
(7) a provisional
ballot shall not be placed in the ballot box designed for tabulated ballots,
but rather, shall be deposited in a special sealed provisional ballot
transmission envelope, pouch or ballot box designated by the county clerk for
the sole use of securing provisional ballots.
C. After the period allowed for voting at the
office of the county clerk, alternate voting location, mobile alternate voting
location, or, upon close of the election day polling place, all provisional
ballots shall be delivered and transferred to the county clerk. A receipt
indicating the date and time, the total number of provisional ballots, the name
of the alternate voting location, mobile alternate voting location or election
day polling place, and the signature of the presiding judge shall be prepared.
After verification of the total number of provisional ballots received, the
county clerk shall sign the receipt indicating custody of the
ballots.
