1-6-16.1. Absentee ballot; conduct of election; when not timely received;
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/nm/chapter-1-elections/article-6-absentee-voting/1-6-16-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
emergency procedure for voting and counting.
A. A voter who applies for a mailed ballot or who was sent a mailed ballot pursuant to Section 1-6-22.1 NMSA 1978 but whose voted ballot has not been received by the county clerk as of the date of the election may go to a voter convenience center and, after executing an affidavit stating that the person wishes to void any previous mailed ballot that was issued, shall be permitted to vote.
B. If the county clerk has real-time synchronization between the voter convenience centers and the qualification of ballots received by mail, the voter shall be issued a replacement ballot to be filled out and fed by the voter into the electronic vote tabulator. If the county clerk does not have real-time synchronization between the voter convenience centers and the qualification of ballots received by mail, the voter shall be issued a provisional paper ballot, which shall be counted if no challenge is interposed and once the county clerk has verified that no other ballot from the same voter has been processed in that election.
History: Laws 1989, ch. 368, § 1; 1991, ch. 105, § 14; 1999, ch. 267, § 19; 2009, ch. 150, § 6; 2019, ch. 212, § 75; 2023, ch. 39, § 34.