A. The county clerk shall mark each completed application for a mailed ballot with the date and time of receipt in the clerk's office and enter the required information in the ballot register. The county clerk shall then determine if the applicant is a voter and if the voter is a uniformed-service voter or an overseas voter. If the applicant is a uniformed-service voter or overseas voter, the application shall be processed pursuant to the Uniform Military and Overseas Voters Act [1-6B-1 to 1-6B-17 NMSA 1978].
B. If the applicant does not have a valid certificate of registration on file in the county, a mailed ballot shall not be issued and the county clerk shall mark the application "rejected", file the application in a separate file from those accepted and notify the applicant in writing with an explanation why the application was rejected.
C. When required by federal law, if the applicant has on file with the county a valid certificate of registration that indicates that the applicant is a voter who is a new registrant in the state and who registered by mail without submitting the required documentary identification, the county clerk shall notify the voter that the voter must submit with the mailed ballot a form of documentary identification from the list in Paragraph (3) of Subsection I of Section 1-4-5.1 NMSA 1978. The county clerk shall note on the ballot register and signature roster that the applicant's mailed ballot must be returned with the required voter identification.
D. If the applicant has on file with the county a valid certificate of registration, the county clerk shall mark the application "accepted" and deliver a mailed ballot to the voter and the required envelopes for use in returning the ballot.
E. Upon the mailing of a mailed ballot to an applicant who is a voter, an appropriate designation shall be made on the signature line of the signature roster next to the name of the voter.
F. A mailed ballot shall not be delivered by the county clerk to any person other than the applicant for the ballot. Mailed ballots shall be sent to applicants beginning twenty-eight days before the election. For each application for a mailed ballot received twenty-three or more days before the election, the county clerk shall send either the ballot or a notice of rejection to the applicant as soon as practicable; provided that the ballot or a notice of rejection is sent not later than twenty-two days before the election. For each application for a mailed ballot received within twenty-two days of election day, the county clerk shall send either the mailed ballot or a notice of rejection to the applicant within twenty-four hours after receipt of the voter's application for a mailed ballot. A mailed ballot shall be requested not later than the Thursday immediately prior to the date of the election and shall be sent to the voter not later than the Friday immediately prior to the date of the election.
History: 1953 Comp., § 3-6-5, enacted by Laws 1969, ch. 240, § 131; 1971, ch. 317, § 7; 1975, ch. 255, § 87; 1977, ch. 269, § 4; 1979, ch. 378, § 3; 1983, ch. 232, § 1; 1987, ch. 327, § 10; 1989, ch. 392, § 12; 1993, ch. 314, § 43; 1993, ch. 316, § 43; 1999, ch. 267, § 8; 2001, ch. 49, § 1; 2001, ch. 58, § 1; 2003, ch. 355, § 4; 2003, ch. 356, § 19; 2003, ch. 357, § 2; 2005, ch. 270, § 43; 2007, ch. 336, § 9; 2009, ch. 251, § 5; 2011, ch. 137, § 40; 2015, ch. 145, § 44; 2019, ch. 212, § 64.
ANNOTATIONSCross references. — For change of party affiliation, see 1-4-15 and 1-4-16 NMSA 1978.
The 2019 amendment, effective April 3, 2019, replaced "absentee ballot" with "mailed ballot", revised notice procedures related to acceptance and rejection of applications for mailed ballots, and provided additional duties for the county clerk related to delivering mailed ballots; replaced "absentee ballot" with "mailed ballot" throughout the section; in Subsection B, after "from those accepted", added "and notify the applicant in writing with an explanation why the application was rejected"; deleted Subsection C and redesignated former Subsections D and E as Subsections C and D, respectively; in Subsection C, added "When required by federal law", after "form of documentary identification", added "from the list in Paragraph (3) of Subsection I of Section 1-4-5.1 NMSA 1978"; in Subsection D, after "'accepted' and", deleted "beginning twenty-eight days before the election", after "ballot to the voter", deleted "in the county clerk's office or mail to the applicant an absentee ballot", and deleted the last sentence of the subsection, which related to changing party affiliation by an absent voter; added new subsection designation "E."; and deleted former Subsections F through L and added a new Subsection F.
The 2015 amendment, effective July 1, 2015, removed references to federal qualified electors, overseas voters and uniformed-service voters and required that these voters applications for absentee voting should be processed pursuant to the Uniform Military and Overseas Voters Act; in Subsection A, after "applicant is a voter,", deleted "an absent uniformed services" and added "and if the voter is a uniformed-service", after "voter or an overseas voter.", added "If the applicant is a uniformed-service voter or overseas voter, the application shall be processed pursuant to the Uniform Military and Overseas Voters Act."; in Subsection B, after "file in the county", deleted "and is not a federal qualified elector or if the applicant states that the applicant is a federal qualified elector but the application indicates the applicant is not a federal qualified elector"; in Subsection E, after "If the", deleted "county clerk finds that the applicant is a voter other than a federal qualified elector or overseas voter" and added "applicant has on file with the county a valid certificate of registration", and after "returning the ballot.", deleted "If the county clerk finds that the applicant is a federal qualified elector or overseas voter, the county clerk shall mark the application 'accepted' and beginning forty-five days before the election, mail to the applicant an absentee ballot and the required envelopes for use in returning the ballot. Acceptance of an application of a federal qualified elector constitutes registration for the election in which the ballot is to be cast. Acceptance of an application from an overseas voter who is not an absent uniformed services voter constitutes a request for changing information on the certificate of registration of any such voter".
The 2011 amendment, effective July 1, 2011, rewrote the procedure for marking an absentee ballot at the county clerk's office and prohibited electioneering in county clerks' offices or at any alternate voting location.
The 2009 amendment, effective June 19, 2009, in Subsection F, added the last sentence; in Subsection G, deleted the second sentence which permitted a voter to be assisted in marking a ballot; and added the last sentence.
The 2007 amendment, effective April 2, 2007, in Subsection G, eliminated the requirement that absentee ballots be airmailed or electronically transmitted to applicants temporarily domiciled inside or outside the continental limits of the United States.
The 2005 amendment, effective July 1, 2005, in Subsection D, provided that if the voter is a new registrant who registered by mail, the county clerk shall notify the voter that the voter must submit the required physical form of identification, and deleted the former provision that the voter must submit a copy of a current and valid photo identification, utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the applicant; in Subsection F, provided that it is unlawful to display the prohibited items in the alternate voting location; in Subsection G, deleted former provisions which provided for the establishment of voting locations and the time of voting; in Subsection G, provided that absentee ballots may be electronically transmitted to applicants; changed the deadline for sending ballots from Thursday to Friday; deleted the former provisions in Subsection J, which provided for the acceptance of absentee ballots by the county clerk from absent uniformed services voters or overseas voters; in Subsection I, provided that the notice must be provided at least ten days before early voting begins; and added Subsection J to provide that the secretary of state shall establish procedures for the submittal, when required by federal law, of required voter identification with mailed-in absentee ballots.
The 2003 amendment, effective June 20, 2003, added a new Subsection D and redesignated the remaining subsections; rewrote Subsection E, inserting the second sentence, rewrote the last two sentences in Subsection F, and rewrote Subsection G, adding the third, fourth, and fifth sentences.
The 2001 amendment, effective June 15, 2001, in Subsection F, moved "on an electronic voting machine" from preceding "at an alternate location" to preceding "at the county clerk's office" and inserted "; provided, a county clerk may allow an absent voter to vote on an electronic voting machine beginning on the fortieth day before the election".
The 1999 amendment, effective June 18, 1999, substituted "marking and delivery" for "making and delivery" in the section heading; in Subsection D, substituted "If the county clerk finds that the applicant is" for "If the applicant is determined to be", inserted "an absentee ballot to the voter in the county clerk's office" in the first sentence and made a similar insertion in the last sentence, and substituted "has been provided or mailed" for "has been sent" in the last sentence; in Subsection E, deleted "in the courthouse" following "secretary of state" in the first sentence, and deleted "upon the execution with the county clerk of an affidavit for assistance stating therein that the voter meets at least one of the conditions for receiving such assistance as is set forth by the provisions of Section 1-12-12 NMSA 1978" at the end of the last sentence; added Subsection F, and redesignated the subsequent subsections accordingly; inserted "by the county clerk" in Subsection H; and added Subsection J.
The 1993 amendment, effective June 18, 1993, substituted "certificate" for "affidavit" in Subsection B.
Absentee ballots taken on weekend valid. — The taking of absentee ballots on a weekend by the county clerk is a technical irregularity which does not threaten the purity of the electoral process; therefore, the trial court erred in invalidating these votes. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Delivery by agent does not void ballot. — Delivery of the completed ballots by an agent of the voters to the county clerk's office, standing alone, is not a sufficient deviation from the provisions of the absentee voter laws to void the votes in question. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Mere technical irregularities do not void election. — An election will not be disturbed by reason of technical irregularities in the manner of conducting it or of making the returns thereof, especially in the absence of pleading and proof that the result was thereby changed or at least made uncertain. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Assistance of voter by candidate's wife not violation. — When the wife of a candidate assisted a voter in casting her ballot and there is no claim or proof of any undue influence or other wrongdoing on the part of the candidate's wife except that she simply helped the voter in casting her ballot, there is no violation of election law. Kiehne v. Atwood, 1979-NMSC-098, 93 N.M. 657, 604 P.2d 123.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 361.
29 C.J.S. Elections § 210(6).