Challenges shall be handled as follows:
A. if the challenge is unanimously affirmed by the presiding judge and the two election judges, the person shall be furnished a provisional paper ballot. The election clerks shall enter such voter's name in the checklist of registered voters, and the voter shall sign the voter's name in the signature roster. The word "Affirmed" shall be written opposite such voter's name under the challenge notation in the signature roster and checklist of registered voters, together with the number of the ballot so furnished; or
B. if the challenge is not unanimously affirmed by the presiding judge and the two election judges, the voter shall be allowed to vote, and the election clerks shall enter the words "Not Affirmed" under the challenge notation after the voter's name in the signature roster and the checklist of registered voters.
History: 1953 Comp., § 3-12-39, enacted by Laws 1969, ch. 240, § 275; 1987, ch. 249, § 33; 1991, ch. 105, § 28; 2011, ch. 137, § 92.
ANNOTATIONSThe 2011 amendment, effective July 1, 2011, eliminated the requirements that the voter's name be announced, the challenged ballot be placed in an enveloped marked "Rejected", be placed in the ballot box, and not be counted, and required that the voter's name be entered in the checklist of registered voters together with the word "Affirmed".
The 1991 amendment, effective April 2, 1991, substituted "the signature roster and the checklist of registered voters" for "both signature rosters" at the end of Subsection B and made minor stylistic changes in Subsection A.
Limited discretion of election judges. — Territorial statutes gave election judges no discretion in the matter of counting or declaring ballots once received, though there was discretion at the moment a ballot was tendered. Territory of New Mexico ex rel. Lester v. Suddith, 1910-NMSC-068, 15 N.M. 728, 110 P. 1038.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Absentee voter, applicability of provisions of general election laws as to right to challenge, 132 A.L.R. 356.