Current through Register Vol. 35, No. 18, September 24, 2024
A. The
county clerk is charged with, and authorized to, determine the qualification of
provisional ballots issued for the election, and must notify provisional voters
of the qualification determination and count and record qualified provisional
ballots.
(1) The provisional ballots shall be
kept separate by each voting method - absentee, early or election day, as well
as, by the name of the alternative voting location, mobile alternate voting
location or election day polling place. The provisional ballot envelopes shall
not be opened until the county clerk has completed the qualification
process.
(2) A provisional ballot
shall be qualified if the voter has provided all the information under the
Election Code, Section
1-12-25.3
NMSA 1978, and the provisions set out in the Election Code, Section
1-12-25.4
NMSA 1978 have been met.
B. The provisional ballot qualification
process shall be conducted by the county clerk, as follows:
(1) read aloud the name and address on the
provisional ballot envelope;
(2)
determine, by use of the statewide voter file, the registration status, county
of registration and correct precinct of the provisional voter, or if the
required physical form of identification is attached; and,
(3) publicly announce whether the provisional
ballot is qualified or disqualified and the reasons for that
determination.
C. A
county canvass observer, pursuant to the Election Code, Section
1-2-31
NMSA 1978 may be present during the provisional ballot qualification and
canvass.
(1) During the provisional ballot
qualification process and canvass, the observer shall wear a self-made badge
designating the observer as an authorized observer of a candidate or
organization.
(2) The observer
shall not wear any other form of identification and all campaign and
electioneering materials are prohibited.
(3) The observer shall not perform any duty
of the county clerk, handle any material, or interfere with the orderly conduct
of the provisional ballot qualification or canvass.
(4) The observer shall not be in the view of
the provisional ballot envelope, so as to maintain the privacy of the voter's
social security number or full date of birth, nor shall the use of cell phones
or electronic recording equipment be allowed while observing.
(5) Observers are permitted to take written
memoranda for later reference.
D. The determination of the provisional
ballot disposition, along with the research done by the county clerk, shall be
noted on the provisional ballot envelope by the county clerk to include the
following:
(1) notation of qualified or
disqualified status;
(2) the
voter's correct voting precinct, if registered;
(3) the voter's correct party designation, if
registered;
(4) if the voter is
registered in a different party than that of the issued ballot, a notation of
"Different Party" shall be made;
(5) if the voter is registered in a different
county within the state, a notation of "Out of County" shall be made;
(6) if the voter is not registered in the
state, a notation of "Not Registered" shall be made;
(7) if the voter's record shows that a ballot
for the election has already been received, a notation of "Already Voted" shall
be made;
(8) if the voter's record
shows it has been cancelled in accordance with the Election Code, a notation of
"Cancelled" along with the reason for cancellation shall be made;
and,
(9) when consolidated
precincts are not used, the relevant districts in which the voter is registered
shall be listed so that only the votes for those candidate contests or ballot
questions for which the voter is eligible to vote shall be counted.
E. The county clerk, after the
qualification process, shall separate qualified provisional ballot envelopes
from unqualified provisional ballot envelopes, while keeping them arranged by
voting method - absentee, early or election day - and sorted by each
alternative voting location, mobile alternate voting location or election day
polling place. Unqualified provisional ballot envelopes shall not be opened and
shall be deposited in an envelope or ballot box marked "unqualified provisional
ballots" and retained pursuant to the Election Code, Section
1-12-69
NMSA 1978.
(1) The provisional ballot
envelope for qualified provisional paper ballots shall be opened and attached
to the inner envelope and ballot, until the time period for an election recount
or contest has expired, pursuant to the Election Code, Section
1-14-1
to
1-14-25
NMSA 1978. The county clerk shall place naked ballots in an individual envelope
to replace the inner envelope.
(2)
After the counting of qualified provisional ballots, the county clerk shall
deposit the provisional ballots with attached outer and inner envelopes in an
envelope or ballot box marked "counted provisional ballots". The provisional
ballots shall be retained pursuant to the Election Code, Section
1-12-69
NMSA 1978.
(3) At no time shall the
county clerk or members of the canvassing board disclose the votes of a
provisional voter.
