N.M. Code R. § 1.10.22.9

Current through Register Vol. 35, No. 8, April 23, 2024

Section 1.10.22.9 - COUNTY CLERK PROCEDURES

A. The county clerk is charged with, and authorized to, determine the qualification of provisional ballots issued for the election, and must notify provisional voters of the qualification determination and count and record qualified provisional ballots.

(1) The provisional ballots shall be kept separate by each voting method - absentee, early or election day, as well as, by the name of the alternative voting location, mobile alternate voting location or election day polling place. The provisional ballot envelopes shall not be opened until the county clerk has completed the qualification process.

(2) A provisional ballot shall be qualified if the voter has provided all the information under the Election Code, Section 1-12-25.3 NMSA 1978, and the provisions set out in the Election Code, Section 1-12-25.4 NMSA 1978 have been met.

B. The provisional ballot qualification process shall be conducted by the county clerk, as follows:

(1) read aloud the name and address on the provisional ballot envelope;

(2) determine, by use of the statewide voter file, the registration status, county of registration and correct precinct of the provisional voter, or if the required physical form of identification is attached; and,

(3) publicly announce whether the provisional ballot is qualified or disqualified and the reasons for that determination.

C. A county canvass observer, pursuant to the Election Code, Section 1-2-31 NMSA 1978 may be present during the provisional ballot qualification and canvass.

(1) During the provisional ballot qualification process and canvass, the observer shall wear a self-made badge designating the observer as an authorized observer of a candidate or organization.

(2) The observer shall not wear any other form of identification and all campaign and electioneering materials are prohibited.

(3) The observer shall not perform any duty of the county clerk, handle any material, or interfere with the orderly conduct of the provisional ballot qualification or canvass.

(4) The observer shall not be in the view of the provisional ballot envelope, so as to maintain the privacy of the voter's social security number or full date of birth, nor shall the use of cell phones or electronic recording equipment be allowed while observing.

(5) Observers are permitted to take written memoranda for later reference.

D. The determination of the provisional ballot disposition, along with the research done by the county clerk, shall be noted on the provisional ballot envelope by the county clerk to include the following:

(1) notation of qualified or disqualified status;

(2) the voter's correct voting precinct, if registered;

(3) the voter's correct party designation, if registered;

(4) if the voter is registered in a different party than that of the issued ballot, a notation of "Different Party" shall be made;

(5) if the voter is registered in a different county within the state, a notation of "Out of County" shall be made;

(6) if the voter is not registered in the state, a notation of "Not Registered" shall be made;

(7) if the voter's record shows that a ballot for the election has already been received, a notation of "Already Voted" shall be made;

(8) if the voter's record shows it has been cancelled in accordance with the Election Code, a notation of "Cancelled" along with the reason for cancellation shall be made; and,

(9) when consolidated precincts are not used, the relevant districts in which the voter is registered shall be listed so that only the votes for those candidate contests or ballot questions for which the voter is eligible to vote shall be counted.

E. The county clerk, after the qualification process, shall separate qualified provisional ballot envelopes from unqualified provisional ballot envelopes, while keeping them arranged by voting method - absentee, early or election day - and sorted by each alternative voting location, mobile alternate voting location or election day polling place. Unqualified provisional ballot envelopes shall not be opened and shall be deposited in an envelope or ballot box marked "unqualified provisional ballots" and retained pursuant to the Election Code, Section 1-12-69 NMSA 1978.

(1) The provisional ballot envelope for qualified provisional paper ballots shall be opened and attached to the inner envelope and ballot, until the time period for an election recount or contest has expired, pursuant to the Election Code, Section 1-14-1 to 1-14-25 NMSA 1978. The county clerk shall place naked ballots in an individual envelope to replace the inner envelope.

(2) After the counting of qualified provisional ballots, the county clerk shall deposit the provisional ballots with attached outer and inner envelopes in an envelope or ballot box marked "counted provisional ballots". The provisional ballots shall be retained pursuant to the Election Code, Section 1-12-69 NMSA 1978.

(3) At no time shall the county clerk or members of the canvassing board disclose the votes of a provisional voter.

N.M. Code R. § 1.10.22.9

1.10.22.9 NMAC - Rp, 1.10.22.9 NMAC, 4-28-06; A/E, 10-2-08; A/E, 11-3-08, A, 3-15-12, Adopted by New Mexico Register, Volume XXIX, Issue 08, April 24, 2018, eff. 4/24/2018