N.M. Stat. § 1-6-10

Current through 2021 SP1 ch. 4, and 2021 ch. 140
Section 1-6-10 - Receipt of mailed ballots by clerk
A. The county clerk shall mark on each completed official mailing envelope the date and time of receipt in the clerk's office, record this information in the absentee or mailed ballot register and safely keep the official mailing envelope unopened in a locked and number-sealed ballot box until it is delivered to the proper election board, counted in the county canvass or canceled and destroyed in accordance with law.
B. In a statewide election, if the unopened official mailing envelope is received by the county clerk from an election board before the absent voter election board has adjourned, the unopened official mailing envelope shall be logged and transmitted to the absent voter election board to be tallied immediately. If the unopened official mailing envelope is received by the county clerk from an election board after the absent voter election board has adjourned, the unopened official mailing envelope shall be logged and transmitted to be tallied and included in the canvass report of that county for the appropriate precinct.
C. Completed official mailing envelopes shall be accepted until 7:00 p.m. on election day.
D. Any completed official mailing envelope received after that time shall not be qualified or opened but shall be preserved by the county clerk for the applicable retention period provided in Section 1-12-69 NMSA 1978. The county clerk shall report the number of late ballots from voters, uniformed-service voters and overseas voters and report the number from each category to date on the final absentee ballot report and as part of the county canvass report. If additional late ballots are received, the county clerk shall update the number of late ballots from each category to the secretary of state.

NMS § 1-6-10

1953 Comp., § 3-6-10, enacted by Laws 1969, ch. 240, § 136; 1975, ch. 255, § 88; 1981, ch. 150, § 4; 1983, ch. 232, § 4; 1989, ch. 392, § 13; 1999, ch. 267, § 14; 2005, ch. 270, § 48; 2007, ch. 336, § 10; 2011, ch. 137, § 44; 2015, ch. 145, § 48.
Amended by 2019, c. 212,s. 71, eff. 4/3/2019.
Amended by 2015, c. 145,s. 48, eff. 7/1/2015.
Amended by 2011, c. 137,s. 44, eff. 7/1/2011.