N.M. Admin. Code § 1.10.22.7

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

Section 1.10.22.7 - DEFINITIONS

A."Adjudicate" means a decision made by a precinct board, in accordance with the Election Code, of a ballot signifying a voter's intent to mark their selection for a candidate contest or ballot question.

B."Alternate voting location" means a location outside the office of the county clerk, established by the county clerk, where a voter may cast an early in person ballot on voting tabulator. This includes mobile alternate voting locations.

C."Blank ballot" means a paper ballot on which the voter has not selected any of the alternatives allowed in any candidate contest or ballot question.

D."Canvass" means the process of qualifying and verifying paper ballots and counting and tallying votes for each precinct beginning upon the closing of the polls and ending with the certification and announcement of the results by the county canvassing board pursuant to Subsection F of Section 1-2-31 NMSA 1978.

E."Challenger" means a voter of a precinct located in that county, who has completed the required training pursuant to Section 1-2-22 NMSA 1978, and to which the voter is appointed in conformance with the Election Code, for the purpose of carrying out such duties as prescribed in the Election Code.

F."Contest" means court litigation that seeks to overturn the outcome of an election pursuant to the Election Code, Section 1-14-1 NMSA 1978.

G."County canvass observer" a voter of the county, who has completed the required training pursuant to Section 1-2-22 NMSA 1978, and to which they are appointed, in accordance with the Election Code, Section 1-2-31 NMSA 1978, and permitted to be present at any time from the time the county canvassing begins until the completion of the canvass, and strictly limited to observing and documenting the canvassing process.

H."County canvassing board" means the board of county commissioners in each county, convened for the purposes of conducting the county canvass or the board of registration as designated by the board of county commission pursuant to Section 1-13-1 NMSA 1978.

I."County voter file" means the computerized version of the county register, comprising a portion of the statewide voter file.

J. "Health care provider" means an individual licensed, certified or permitted by law to provide health care in the ordinary course of business or practice of a profession.

K."Inner envelope" means the official envelope, prescribed by the secretary of state, given to the voter along with a mailed or provisional ballot into which the voter places the ballot after it is voted and which is used to preserve the secrecy of the voter's ballot.

L."Naked ballot" means a provisional or mailed ballot that has not been placed in the inner envelope by the voter.

M."Overvoted ballot" means a ballot on which the voter has selected more than the number of candidates to be elected for that contest, or has voted in both the affirmative and negative on a ballot question.

N."Precinct" means a designated division of a county for election and redistricting.

O."Provisional ballot envelope" means the official envelope, prescribed by the secretary of state, which has information that will identify the provisional voter, purpose the provisional ballot was issued and contains a sworn affidavit and a blank voter registration certificate, into which the provisional voter places the inner envelope.

P."Provisional ballot transmission envelope" means a sealed envelope or pouch marked and designated by the county clerk to transmit provisional ballots from the polling place or alternate location to the office of the county clerk.

Q."Qualification process" means the process used by a county clerk to determine the qualifications of a voter who voted on a provisional ballot.

R."Replacement absentee ballot" means a ballot that is processed as a provisional ballot, that is provided to a voter whose name appears on the absentee ballot register or signature roster as having been issued an absentee ballot, and who has affirmed that the ballot was not received or voted on pursuant to the Election Code, Section 1-6-16 NMSA 1978. The ballot shall be placed in a provisional ballot envelope prescribed by the secretary of state and processed within the timeframe specified in the Election Code, Section 1-6-16 NMSA 1978.

S."Signature roster" means a physical or electronic copy of a voter list with space provided opposite each voter's name for the voter's signature or witnessed mark.

T."Tally sheet" means a form prescribed by the secretary of state used for the counting and tallying of votes cast on a ballot that has not been fed into a voting tabulator.

U."Undervoted ballot" means a paper ballot that is not a blank ballot, and on which the voter has selected at least one candidate or answered at least one ballot question in accordance with the instructions for that ballot type, but on which the voter has selected fewer than the number of alternatives allowed in a candidate contest or on a ballot question.

N.M. Admin. Code § 1.10.22.7

1.10.22.7 NMAC - Rp, 1.10.22.7 NMAC, 4-28-06; A/E, 10-2-08, A, 3-15-12, 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