A. In a statewide election, application by a voter for a mailed ballot shall be made only on a paper form or its online equivalent. The form shall identify the applicant and contain information to establish the applicant's qualification for issuance of a mailed ballot under the Absent Voter Act; provided that only on the application form for a primary election ballot there shall be a box, space or place provided for designation of the voter's political party affiliation.
B. Each application on a paper form for a mailed ballot shall be signed by the applicant and shall require the applicant's printed name, registration address and year of birth to be supplied by the applicant, which shall constitute the required form of identification. When submitted by the voter, the county clerk shall accept an application for a mailed ballot pursuant to this subsection regardless of whether the application for a mailed ballot is delivered to the county clerk on paper or by electronic means. When submitted by a third party, the county clerk shall not accept an application for a mailed ballot pursuant to this subsection if the application for a mailed ballot is delivered by electronic means.
C. The secretary of state shall allow a voter to submit an online application for a mailed ballot through a website authorized by the secretary of state; provided that the voter shall have a current or expired New Mexico driver's license or state identification card issued by the motor vehicle division of the taxation and revenue department. An online request for a mailed ballot shall contain all of the information that is required for a paper form. The voter shall also provide the person's full New Mexico driver's license number or state identification card number.
D. When a voter requests a mailed ballot pursuant to this section, the voter shall mark the box associated with the following statement, which shall be included as part of the online mailed ballot request form:
"By clicking the boxes below, I swear or affirm all of the following:
[ ] I am the person whose name and identifying information is provided on this form and I desire to request a mailed ballot to vote in the state of New Mexico; and
[ ] All of the information that I have provided on this form is true and correct as of the date I am submitting this form."
E. Online applications for mailed ballots shall retain the dates of submission by the qualified elector and of acceptance by the county clerk. For purposes of deadlines contained in the Election Code, the time and date of the submission by the voter shall be considered the time and date when the application for a mailed ballot is received by the county clerk.
F. New registrants who registered for the first time in this state by mail and at that time did not provide acceptable documentary identification as required by federal law shall be informed of the need to comply with federal identification requirements when returning the requested ballot. The secretary of state shall issue rules to exempt voters from submitting identification only as required by federal law and shall review and, if necessary, update these rules no later than March 15 of even-numbered years.
G. A person who willfully and with knowledge and intent to deceive or mislead any voter, election board, canvassing board, county clerk or other election official and who falsifies any information on an absentee ballot request form or who affixes a signature or mark other than the person's own on a mailed ballot request form is guilty of a fourth degree felony.
History: 1953 Comp., § 3-6-4, enacted by Laws 1969, ch. 240, § 130; 1977, ch. 269, § 3; 1981, ch. 150, § 2; 1985, ch. 207, § 4; 1987, ch. 327, § 8; 1989, ch. 66, § 1; 1989, ch. 105, § 1; 1989, ch. 392, § 11; 1993, ch. 19, § 2; 1993, ch. 20, § 1; 1993, ch. 21, § 2; 1993, ch. 314, § 42; 1993, ch. 316, § 42; 1997, ch. 201, § 1; 1999, ch. 267, § 6; 2003, ch. 357, § 1; 2005, ch. 270, § 4; 2007, ch. 336, § 8; 2008, ch. 59, § 5; 2011, ch. 137, § 39; 2015, ch. 145, § 43; 2017, ch. 101, § 3; 2019, ch. 212, § 62.
ANNOTATIONSCross references. — For processing of applications, see 1-6-5 NMSA 1978.
The 2019 amendment, effective April 3, 2019, changed procedures related to absentee voting, and provided for mailed ballot application; in the section heading, deleted "absentee" and added "mailed", in Subsection A, after the subsection designation, added "In a statewide election", after "application by a voter for", deleted "an absentee" and added "a mailed", after "on a paper form or its", deleted "electronic" and added "online", after "qualification for issuance of", deleted "an absentee" and added "a mailed", after "application form for a", deleted "general" and added "primary", and after "shall be", deleted "no" and added "a"; in Subsection B, after "Each application", added "on a paper form", after the next occurrence of "for", deleted "an absentee" and added "a mailed", and after "identification.", deleted "except for" and added the remainder of the subsection; added new Subsections C through E and new subsection designation F, and redesignated former Subsection C as Subsection G; in Subsection F, after "registered", added "for the first time in this state", after "documentary identification", added "as required by federal law shall be informed of the need to comply with federal identification requirements when returning the requested ballot"; and in Subsection G, after "any voter", deleted "precinct" and added "election", and after "person's own on", deleted "absentee" and added "a mailed".
The 2017 amendment, effective June 16, 2017, provided for electronic application for absentee ballots; and in Subsection A, after "shall be made only on a", added "paper" and after "form", added "or its electronic equivalent".
The 2015 amendment, effective July 1, 2015, removed references to federal qualified electors and overseas voters relating to absentee voting; in the catchline, after "application", deleted "federal qualified elector; overseas voter"; deleted Subsection A and redesignated Subsections B and C as Subsections A and B, respectively; in Subsection A, after "secretary of state", deleted "in accordance with federal law"; deleted Subsection D; and redesignated former Subsection E as Subsection C.
The 2011 amendment, effective July 1, 2011, provided that a person who violates this section is guilt of a fourth degree felony.
The 2008 amendment, effective May 14, 2008, in Subsection C, deleted "unique identifier" and added "registration address".
The 2007 amendment, effective April 2, 2007, in Subsection C, required the secretary of state to issue rules to exempt voters from submitting identification only as required by federal law.
The 2005 amendment, effective July 1, 2005, moved the provision that the form shall allow the applicant to receive an absentee ballot for all elections within the election cycle from Subsection B to Subsection A; in Subsection B, provided that the application form shall be prescribed in accordance with federal law; and in Subsection C, provided that the application shall require the applicant's printed name, year of birth and unique identifier to be supplied by the applicant, which shall constitute the form of identification except for registrants who registered by mail and did not provide acceptable information.
The 2003 amendment, effective June 20, 2003, inserted "federal qualified elector; overseas voter" in the section heading; in Subsection A, inserted "or an overseas voter"; in Subsection B, in the first sentence, substituted "prescribed by the secretary of state" for "prescribed, printed and furnished by the secretary of state to the county clerk of the county in which the voter resides", and inserted the last sentence; and added Subsection D; in the first sentence in Subsection B. This section was also amended by Laws 2003, ch. 356, § 18, which was repealed by Laws 2005, ch. 270, § 80.
The 1999 amendment, effective June 18, 1999, substituted "in which the voter resides" for "in which he resides" in the first sentence of Subsection B.
The 1997 amendment, effective June 20, 1997, added the language beginning "provided that" at the end of Subsection B.
The 1993 amendment, effective June 18, 1993, inserted "only" and "printed and furnished" in the first sentence of Subsection B; rewrote Subsection C; and deleted former Subsections D and E, relating to the witnessing and mailing of absentee ballots.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 360.
29 C.J.S. Elections § 210(4).