Skip to main content

New Mexico Statutes § 1-6-9 Mailed ballots; manner of voting; delivery methods

⤴ Up to Article 6: Absentee Voting

Statute Text

A. When voting a mailed ballot, the voter shall secretly mark the mailed ballot in the manner provided in the Election Code for marking paper ballots, place it in the official inner envelope and securely seal the envelope. The voter shall then place the official inner envelope inside the official mailing envelope and securely seal the envelope. The voter shall then complete the form on the reverse of the official mailing envelope under the privacy flap. The voter or another person authorized by law shall then return the official mailing envelope containing the voted ballot to the county clerk of the voter's county of residence. If returned by a person other than the voter, the official mailing envelope shall contain the signature, printed name and relationship to the voter of the person returning the ballot.
B. The official mailing envelope may be returned by mail using the United States postal service. The secretary of state shall implement a free-access tracking system for each voter to be able to see the status of the voter's mailed ballot while en route to the voter as well as when returned to the county clerk.
C. The official mailing envelope may be returned using a commercial delivery service; provided that unless the secretary of state has approved the use of a specific commercial delivery service, the voter shall be responsible for the costs of delivery by means of such service.
D. The official mailing envelope may be returned in person to the office of the county clerk or, in a statewide election, to an alternate voting location, mobile alternate voting location, election day voting location or other location where the receipt and storage of the official mailing envelope containing a voted ballot is under the supervision of an election official or county clerk's agent.
E. The official mailing envelope may be returned by depositing the official mailing envelope in a monitored secured container made available by the county clerk to receive an official mailing envelope containing a voted ballot for that election; provided that:
(1) the location of the containers and the days and times the containers will be available to receive ballots are posted by the county clerk at least forty-two days before an election;
(2) the location of a monitored secured container is considered a polling place for purposes of electioneering too close to the polling place in violation of Section 1-20-16 NMSA 1978;
(3) all secured containers shall be monitored by video surveillance cameras and the video recorded by that system shall be retained by the county clerk as a record related to voting pursuant to the provisions of Section 1-12-69 NMSA 1978;
(4) signage at the location of a monitored secured container shall inform voters and those dropping off ballots at the location:
(a) that it is a violation of law for any person who is not an immediate family member, which includes a voter's spouse, child, parent, domestic partner, grandchild, grandparent, sibling or person with whom the voter has a continuing personal relationship, to collect and deliver a ballot for another person except as authorized by the Election Code;
(b) that electioneering is prohibited within one hundred feet of the monitored secured container; and
(c) of the range of dates and approximate time the ballots will be collected for that election; and
(5) at least every three days and on election day after the polls close, the county clerk, deputy county clerk, election board member or messenger shall collect the ballots from the monitored secured containers and register the date and container location on each official mailing envelope.
F. It is a violation of Section 1-20-6 NMSA 1978 for any person to possess a key to a monitored secured container without authorization from the county clerk. It is a violation of Section 1-20-7 NMSA 1978 for any person other than the secretary of state or the county clerk to provide or operate a monitored secured container or other receptacle to receive voted ballots.

Source

1953 Comp., § 3-6-9, enacted by Laws 1969, ch. 240, § 135; 1977, ch. 269, § 7; 1979, ch. 57, § 1; 1983, ch. 232, § 3; 1987, ch. 327, § 12; 1991, ch. 105, § 12; 1993, ch. 20, § 3; 1999 , ch. 267 , § 12 ; 2003 , ch. 355 , § 6 ; 2005 , ch. 270 , § 47 ; 2008 , ch. 59 , § 7 ; 2009 , ch. 251 , § 10 ; 2015 , ch. 145 , § 47 .

History

Amended by 2023 , c. 39 , s. 29 , eff. 6/13/2023 .

Amended by 2019 , c. 212 , s. 70 , eff. 4/3/2019 .

Amended by 2015 , c. 145 , s. 47 , eff. 7/1/2015 .

Explore Related Documents

This section contains links to related documents with the same tags to allow you quickly access other relevant legal materials. These links include document types and counts, enabling you to explore similar content efficiently.