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New Mexico Statutes § 1-6-5 Processing application; issuance of ballot

⤴ Up to Article 6: Absentee Voting

Statute Text

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 [Chapter 1, Article 6B NMSA 1978]. An application for a mailed ballot from a voter who is not a federal qualified elector is timely if received by the county clerk no later than fourteen days prior to election day.
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" and file the application in a separate file from those accepted.
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 in the absentee ballot register.
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.
G. If the application for a mailed ballot from a voter who is not a federal qualified elector indicates that the mailed ballot is to be delivered to an address other than an address listed on the voter's certificate of registration, the county clerk shall prepare a notice of requested mailed ballot. The notice of requested mailed ballot shall inform the voter of the address to which the ballot was mailed along with the phone number of the county clerk's office and the internet address of the voter web portal provided by the secretary of state. The notice of requested mailed ballot shall be sent to the address provided on the voter's certificate of registration on the same day the county clerk sends the mailed ballot to the address requested by the voter.
H. When an application for a mailed ballot is rejected pursuant to this section, the county clerk shall send a notice of rejection to the mailing address on the voter's certificate of registration and the address listed on the voter's application for mailed ballot, if different. The notice of rejection shall indicate the reason for the rejection and, if applicable, information on how to correct the deficiency that is the reason for the rejection. If an application is rejected because it was not timely received, the county clerk shall, within twenty-four hours of receipt of the application, send a rejection notice to the voter that shall include a list of the early voting locations and election day polling places in the county.
I. The county clerk shall only accept applications for a mailed ballot made through the official web portal operated by the secretary of state or submitted on the official form. If a voter submits more than one application for a mailed ballot containing the same information, subsequent applications containing the same information shall not be processed.

Source

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 .

History

Amended by 2023 , c. 39 , s. 24 , eff. 6/13/2023 .

Amended by 2019 , c. 212 , s. 64 , eff. 4/3/2019 .

Amended by 2015 , c. 145 , s. 44 , eff. 7/1/2015 .

Amended by 2011 , c. 137 , s. 40 , eff. 7/1/2011 .

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