N.M. Admin. Code § 1.10.22.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 1.10.22.11 - PROVISIONAL VOTER NOTIFICATION AND HEARING PROCESS

A. In accordance with Section 1-12-25.2 NMSA 1978, the county clerk shall notify each provisional voter whose provisional ballot was rejected and inform the voter of the right to appeal such rejection and provide information or documentation to cure the reason the ballot was rejected until the Friday prior to the meeting of the state canvassing board. The appeal process shall be conducted as follows:

(1) the voter shall submit a written request for a hearing to appeal the rejection, and at any time up to and including the appeal hearing, the voter may provide information or documentation to satisfy the reason the ballot was rejected;

(2) the county clerk shall select a hearing officer(s) from staff or a person who is not affiliated with any candidate to be voted for at the election and knowledgeable of election law;

(3) the county clerk shall provide a disability accessible room for the appeal hearing to be held;

(4) the voter shall schedule an appointment time for an appeal by calling the county clerk's office and shall appear under oath and show by a preponderance of the evidence that the vote should be counted;

(5) the voter may appear with an advocate;

(6) the appeal hearing shall be a public meeting, but the voter's date of birth and social security number shall not be stated out loud and the public shall not be in the line of sight or view or make notes of the voter's personal information;

(7) the county clerk and the public may make a brief public comment and offer relevant exhibits but only the hearing officer shall be permitted to cross examine the witness;

(8) the hearing officer shall not be bound by the rules of civil procedure, but may use them for guidance and shall make an immediate oral decision explaining the decision by citing a provision of the Election Code;

(9) if the voter prevails, the hearing officer shall direct the county clerk to handle the ballot as a qualified provisional ballot.

B. The county clerk shall notify the county canvassing board of the completion and results of the appeals process.

N.M. Admin. Code § 1.10.22.11

1.10.22.11 NMAC - N, 4-28-06; A/E, 10-2-08, Adopted by New Mexico Register, Volume XXIX, Issue 08, April 24, 2018, eff. 4/24/2018, Amended by New Mexico Register, Volume XXXIV, Issue 16, August 29, 2023, eff. 8/31/2023