N.M. Admin. Code § 1.10.22.8

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

Section 1.10.22.8 - PROVISIONAL BALLOT ISSUANCE AND PRECINCT BOARD PROCEDURES

A. A person offering to vote shall be allowed to vote on a provisional ballot in accordance with the Election Code.

B. When issuing a provisional ballot, the precinct board shall ensure the following:

(1) a provisional voter places the ballot in the inner envelope and provisional ballot envelope prescribed by the secretary of state and shall fill out all required information on the provisional ballot envelope;

(2) the name of a provisional voter is entered in the signature roster on the line immediately following the last entered voter's name, or in its electronic equivalent when consolidated precincts are used, pursuant to the Election Code;

(3) a provisional voter completes the certificate of voter registration attached to the provisional ballot envelope, and that the certificate of registration remains attached to the provisional ballot envelope and returned to the county clerk;

(4) a provisional voter is not permitted to place the voted ballot into the voting tabulator;

(5) a provisional voter is not subject to a challenge at the time of voting under the procedures provided in the Election Code;

(6) the required physical form of identification provided by a provisional voter who returned to the alternate voting location, mobile alternate voting location or election day polling place, after already casting a provisional ballot, shall be placed with the provisional ballot envelope to be used by the county clerk during the provisional ballot qualification process, in accordance with the Election Code, Section 1-12-7.1 NMSA 1978; and,

(7) a provisional ballot shall not be placed in the ballot box designed for tabulated ballots, but rather, shall be deposited in a special sealed provisional ballot transmission envelope, pouch or ballot box designated by the county clerk for the sole use of securing provisional ballots.

C. After the period allowed for voting at the office of the county clerk, alternate voting location, mobile alternate voting location, or, upon close of the election day polling place, all provisional ballots shall be delivered and transferred to the county clerk. A receipt indicating the date and time, the total number of provisional ballots, the name of the alternate voting location, mobile alternate voting location or election day polling place, and the signature of the presiding judge shall be prepared. After verification of the total number of provisional ballots received, the county clerk shall sign the receipt indicating custody of the ballots.

N.M. Admin. Code § 1.10.22.8

1.10.22.8 NMAC - Rp, 1.10.22.8 NMAC, 4-28-06; A, 3-15-12, Adopted by New Mexico Register, Volume XXIX, Issue 08, April 24, 2018, eff. 4/24/2018