N.M. Code R. § 1.10.12.15

Current through Register Vol. 35, No. 16, August 27, 2024

Section 1.10.12.15 - ELECTION BOARD, COUNTY CLERK AND COUNTY CANVASS BOARD DUTIES

A. An absent voter election board shall be created for the purpose of determining voter eligibility, counting and tabulating mailed and early voted ballots cast. The board shall be comprised of election board members in accordance with the Election Code, Section 1-2-12 NMSA 1978 provided that the counting and tabulation of mailed ballots shall remain separate from early voted ballots.

(1) Pursuant to the Election Code, Section 1-6-11 NMSA 1978, the mailed ballots shall be delivered along with all necessary supplies, including red pencils or red pens, to be used as a writing instrument, for absent voter election board members. Only the presiding judge shall be issued a black or blue ink pen for signing and filling out required documents.

(2) Before opening the outer envelope, the presiding judge and the election judges shall determine that the county clerk has verified the required information by reviewing the outer envelope for the presence of a signature and the presence of the last four digits of a social security number and by reviewing the clerk's confirmation of verification on the absentee ballot register. If the information under the privacy flap appears to need further review by the county clerk, the absent voter election board shall immediately notify the county clerk, and the county clerk shall verify the information under the privacy flap.

(3) The processing of mailed ballots shall be in accordance with the Election Code, Sections 1-6-10 and 1-6-14 NMSA 1978.

(a) A mailed ballot inner envelope containing two ballots shall be counted if the determination can be made that the outer envelope is signed by both voters, the absentee ballot register confirms the county clerk verified that both voters provided the last four digits of their social security numbers, the absentee ballot registered confirms the issuance of mailed ballots to the voters who signed, and it has been determined that the voters have not already voted in the election. Mailed ballot envelopes not in compliance with one or more of the above requirements shall be changed to "rejected" in the absentee ballot register, with the reason for rejection.

(b) A mailed ballot inner envelope containing no ballot shall be "accepted" if the outer envelope is signed by the voter, the absentee ballot register confirms the issuance of the ballot to the voter who signed the outer envelope, the absentee ballot register confirms the county clerk verified that the voter provided the last four digits of their social security number, and the voter has not voted in any other manner during the election. Mailed ballot envelopes not in compliance with one or more of the above requirements shall be changed to "rejected" in the absentee ballot register, with the reason for rejection.

(4) Pursuant to the Election Code, Subsections C and D of Section 1-6-14 NMSA 1978, a mailed ballot envelope may be challenged by a lawfully appointed challenger. A voter who satisfies the reason for the affirmed challenge before the conclusion of the county canvass shall have their ballot accepted and counted. The voter's record on the absentee ballot register shall be changed from "rejected" to "accepted", and the notation "challenged-affirmed" on the mailed ballot envelope shall be crossed out, signed and dated by either the presiding judge of the absent voter election board or a member of the county canvassing board, dependent upon when the voter satisfies the reason for the affirmed challenge. If the ballot is hand tallied it shall be recorded in the mailed ballot hand tally counting group. If the ballot is tabulated by a voting tabulator, it shall be recorded in the mailed ballot machine counting group.

(5) A lawfully appointed challenger or watcher shall not be permitted to take pictures or otherwise make copies of documents containing protected personal information.

(6) A mailed ballot, processed as a provisional ballot, in a provisional ballot envelope, prescribed by the secretary of state because the first-time voter did not provide the required form of physical identification prior to the ballot issuance, shall be separated from all other mailed ballots and provided to the county clerk. The county clerk shall perform the required provisional qualification process to the ballots in accordance with the Election Code, Section 1-6-14 NMSA 1978 and with 1.10.22 NMAC.

B. Upon the last day to early vote, all early voted ballots shall be delivered to the county clerk, who will transfer custody to the absent voter election board. A receipt containing the serial number and public counter number indicating the votes recorded on the voting tabulator, number of ballot boxes, number of provisional ballots, number of ballots to be hand tallied and the signature of the respective alternate or mobile alternate voting location presiding judge shall be provided. After verifying the information for accuracy, the county clerk or absent voter election board presiding judge shall sign the receipt indicating custody of the early voting returns, voting tabulator and ballot boxes. Keys to the alternate or mobile alternate voting location and the key or security token to access the voting tabulator shall also be transferred to the county clerk. The receipt shall be maintained on file with the county clerk.

(1) The absent voter election board shall process early voted ballots cast by closing the polls and running the results reporting tapes for each voting tabulator used during the early voting period. The absent voter election board shall be responsible for hand tallying any early voted candidate contest or ballot question not tabulated by the voting tabulator in accordance with the Election Code, Section 1-1-5.2 NMSA 1978.

(2) Provisional ballots issued during early voting in the office of the county clerk, alternate voting location or mobile alternate voting location for the reasons set out in the Election Code, shall be provided to the county clerk.

C. The county canvassing board shall canvass the election returns and ascertain whether any discrepancies, omissions or errors appear on the face of the election returns, in accordance with the Election Code, Section 1-13-1 to 1-13-22 NMSA 1978.

D. All provisional ballots issued to absent or early voters are subject to requalification in the event of a recount or contest as prescribed in the Election Code, Section 1-14-22 NMSA, 1978.

N.M. Code R. § 1.10.12.15

1.10.12.15 NMAC - N, 3-31-2000, A, 4-30-2002; A, 7-15-2003, A 4-30-2004; A, 4-28-2006; A, 9-15-2008; A/E, 9-30-2008; A/E, 11-3-2008; A, 3-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 08, April 24, 2018, eff. 4/24/2018, Amended by New Mexico Register, Volume XXXI, Issue 07, April 7, 2020, eff. 4/7/2020, Amended by New Mexico Register, Volume XXXIV, Issue 16, August 29, 2023, eff. 8/31/2023