Upcoming Primary Elections
The primary election is June 7, 2016.Source (confirmed on: 2016-03-25)
Upcoming General Elections
How is a nominee determined (caucus, primary, convention)?
Nominees are typically determined by primaries. Major parties nominate candidates through primary elections. Minor parties nominate candidates through the methods prescribed by their party rules, which may include a party convention. Presidential preferences are expressed with a primary election usually, but a political party may decide to use another selection procedure (and must notify the Secretary of State 30 days or more before the Governor issues the proclamation for the primary election).Source (confirmed on: 2016-03-25)
N.M. Stat. §1-15A-2 (state website) [link]
N.M. Stat. § 1-8-3 (state website) [link]
N.M. Stat. §1-8-21 (state website) [link]
N.M. Stat. §1-8-1 (state website) [link]
N.M. Stat. § 1-8-21.1(B) (state website) [link]
N.M. Stat. §1-8-2 (state website) [link]
N.M. Stat. § 1-8-2 (Justia 2015 website) [link]
N.M. Stat. § 1-15A-3 (state website) [link]
N.M. Stat. § 1-8-3 (Justia 2015 website) [link]
N.M. Stat. § 1-15A-3 (Justia 2015 website) [link]
N.M. Stat. § 1-8-1 (Justia 2015 website) [link]
N.M. Stat. § 1-8-21.1(B) (Justia 2015 website) [link]
N.M. Stat. § 1-15A-2 (Justia 2015 website) [link]
N.M. Stat. § 1-8-21 (Justia 2015 website) [link]
Can voters register by party in the state?
Yes. Voters may register without indicating a party, but only voters registered with a party may vote in that party's primary.Source (confirmed on: 2016-03-25)
Must voters be registered with a political party if they would like to vote on that party’s candidates in a partisan primary election (i.e., are primaries open or closed)?
Yes. The primaries are closed.Source (confirmed on: 2016-03-25)
When can a voter change or switch their party affiliation?
A voter can change their party affiliation at any time before the voter registration deadline.Source (confirmed on: 2016-03-25)
What are the state's residency requirements for voters?
Voters must provide an address of residence to apply to register to vote. For the purpose of voting, "residence" is where a voter lives and intends to return. If a voter lives in New Mexico, or temporarily leaves and intends to return, then they are a resident and may register to vote in New Mexico. A voter must be a resident at least 29 days before election.
For people without a traditional home, they can write their mailing address on their voter registration application along with a description, such as a map or the latitude and longitude, indicating where the location where they live. The New Mexico Voter Registration form contains a map on the reverse side that may be used if the person has a non-street address or lives at a non-traditional place. The instructions indicate to draw a map of where the applicant lives in relation to local landmarks, such as roads, schools, churches, stores, etc.Source (confirmed on: 2016-03-23)
Can someone pre-register to vote if they will not be 18 years old by the next election? If so, who?
No.Source (confirmed on: 2016-03-25)
Can 17-year-olds who will be 18-year-olds by the general election vote in the primary?
[http://law.justia.com/codes/new-mexico/2015/chapter-1/article-6/section-1-6-10Source (confirmed on: 2016-04-16)
Does the state take away the right to vote from persons convicted of certain crimes? If so, what crimes?
Upon conviction of a felony, a person's voter registration is cancelled. No person convicted of a felony may register to vote while in prison, on parole, or on probation.Source (confirmed on: 2016-03-25)
If people lose the right to vote because of a criminal conviction, can they regain the right to vote? How?
A person who has been convicted of a felony has their right to vote automatically restored upon completion of their sentence, including prison, parole and probation. Upon completion of a prison term, parole, and probation, a person convicted of a felony is eligible to register to vote. If a person was convicted of a felony and has received a pardon or received a certificate from the governor restoring their full rights of citizenship also may register to vote. When a person has completed the terms of a suspended or deferred sentence following a felony conviction, the district court will notify the secretary of state, who then notifies county clerks that the person is eligible for registration.
When a person convicted of a felony served the entirety of their sentence or is eligible to vote, the corrections department must inform the person they are entitled to register to vote. Clerks must accept a certificate of completion from the corrections department, certificate of completion from another state or the federal government, or a judgment and sentence from a court of New Mexico, or any state or the federal government, that states a person had completed the entirety of their sentence as proof that a person is eligible to register to vote.
The secretary of state maintains a list of the voter registration eligibility status of persons convicted of felonies. After completing their sentence, a person convicted of a felony must re-register to vote by providing a new voter registration application. After re-registering, the voter's voter registration status will be changed to active.Source (confirmed on: 2016-03-25)
Is fully online voter registration available? (i.e., can voters fill in and submit an online application without printing and signing it?)
Does the state accept the National Mail Registration Form?
Yes.Source (confirmed on: 2016-03-25)
Is the state required to register voters at public assistance agencies and driver's license agencies, per the National Voter Registration Act of 1993?
Does the state have specific rules on students registering to vote or voting?
A person does not gain or lose their status as a resident of New Mexico because of their presence or absence at college or any other institution of learning. Students may use their student ID that has their name and address as a physical form of identification.Source (confirmed on: 2016-03-25)
When is the voter registration deadline?
28 days before an election.Source (confirmed on: 2016-03-25)
How is the deadline enforced for mailed applications?
Applications must be postmarked by the voter registration deadline and received no later than the Friday after the deadline.Source (confirmed on: 2016-03-25)
How is the deadline enforced for online applications?
Does the state require organizations conducting voter registration drives to register?
Yes. Third-party registration organizations must register with the Secretary of State and provide the following information:
To register, third-party registration organizations must use a prescribed form that must be made available on the internet on the Secretary of State's website and at county clerk offices. The form may be hand-delivered, hand-delivered by another person, or delivered by mail or as a portable document format (.pdf) file via email to the secretary of state's office. The form must bear a legible notary seal or the equivalent.
Tracking information regarding applications collected must also be provided in a log, see below.
A third party registration agent is defined as any individual who solicits and provides substantive assistance to another person (who is not his or her family member) in the completion of a certificate of voter registration on behalf of a voter registration organization that is not a state, county or federal agency. “Assist” or “assistance” means taking physical possession of a certificate of voter registration completed by a registrant.Source (confirmed on: 2016-05-02)
Are there restrictions on getting voter registration forms?
Individuals or groups conducting voter registration drives may use Third Party Registration Forms or the National Form. The state form is cardstock, not available online, and may not be duplicated. Packets of forms must be obtained in person and are not mailed to drives. The federal form may be downloaded and/or duplicated by any voter or organization.Source (confirmed on: 2016-05-02)
Does the state require any training in order to conduct voter registration drives?
Yes, all third party voter registration agents must complete training regarding the use of voter registration forms, the requirements that Section 1-4-49 of New Mexico election law places on third party voter registration agents, and the penalties for failing to comply with those requirements. Training is offered in person at the Secretary of State’s office and from each county clerk in the state, but the law requires training to be available to all third party voter registration agents who cannot attend in person, including through the internet on the Secretary of State’s website.Source (confirmed on: 2016-05-02)
N.M. Admin. Code. § 184.108.40.206(G) [link]
Does the state have restrictions on paying drive workers, or additional rules related to payment?
New Mexico law does not address this issue.
Are there restrictions on the voter registration drive offering something of value to a person in exchange for completing a voter registration application?
Federal law states that whoever "pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years." At least one federal appellate court has interpreted "payment" as "intended to include forms of pecuniary value offered or given directly to an individual voter, and indicated the value should be based on "an assessment of the monetary worth of an item from the perspective of the voter receiving the item." That case held that food vouchers could be "payment."
Another example is California's Secretary of State's interpretation of the federal law to mean that "Any type of incentive is considered 'payment,' even things as seemingly innocent as cookies or admission to an entertainment event."Source (confirmed on: 2016-05-02)
Must the registration drive worker sign the completed voter registration application, and must the drive or canvasser place other information on applications?
The New Mexico voter registration form indicates that a registration agent who assists applicants in filling out the voter registration form must provide his or her name and Voter Registration Agent (VRA) number in the designated space on the application.Source (confirmed on: 2016-05-02)
N.M. Sec. of State, Third-Party Voter Registration Agent Manual, p. 14 [link]
Does the state have a rule requiring a receipt or other tracking information to be provided to the applicant?
Where the applicant receives the assistance of a registration agent, the applicant must receive a receipt from the agent that contains a number traceable to that agent, a statement informing the applicant that he or she should contact the county clerk if she does not receive confirmation of her registration within 15 days of the receipt date, and a toll-free number for the county clerk and website address for the Secretary of State. Third party voter registration agents must also maintain a log regarding the use of each blank state voter registration form the agent receives from the Secretary of State or County Clerk. The log must include the unique identification number of each form, whether the registrant or third party registration agent took possession of the form upon completion by the registrant, and, if the third party voter registration agent took possession of the form upon completion by the registrant, the date the form was completed by the registrant. A form for the log is available at by clicking here. Third party voter registration agents (or a person requesting forms on their behalf) must produce the completed log when requesting additional blank voter registration forms from the Secretary of State or a county clerk. The Secretary of State’s voter registration drive manual indicates that agents should note any red flags or issues with applications on the log. The manual also indicates that groups should void and return unused or spoiled forms.Source (confirmed on: 2016-05-02)
Are there restrictions on copying completed voter registration applications prior to submitting them to the election official, or other restrictions on data entry or disclosure?
Yes. It is unlawful to copy, convey or use the applicant’s month and day of birth or any portion of her Social Security Number either before or after it is filed with the clerk. A registration agent may not release to the public a voter's Social Security Number or a voter's month and day of birth, and no person may release to the public or share that information with someone other than a registration officer if the person learned of that information from the voter's certificate of registration. A person who unlawfully copies, conveys, or uses this information is guilty of a fourth degree felony in New Mexico. Organizations who wish to photocopy forms must redact the above information, and organizations should review procedures with election officials.Source (confirmed on: 2016-05-02)
Is there a time limit for voter registration groups to submit the voter registration applications they collect?
Yes. A third-party voter registration organization must deliver or mail applications within 48 hours of completion by the person registering to vote, or deliver it the next business day if the appropriate office is closed for that 48-hour period.Source (confirmed on: 2016-05-02)
What are the consequences for failing to submit applications on time?
Intentional violation of the laws regarding third party registration agents, which includes the 48-hour requirement, results in a petty misdemeanor and the revocation of the person’s third-party registration agent status. If the person is an employee of an organization and has decision-making authority involving the organization's voter registration activities, or if the person is an officer of the organization, that organization may be subject to civil penalties. Such penalties may include permanent or temporary injunctions, restraining orders and other appropriate orders, including fines of $250 per violation, not to exceed $5000.Source (confirmed on: 2016-05-02)
Can voters register and vote on the same day (i.e., does the state offer same-day registration)?
Can people vote if they moved, but did not update their voter registration with their new address?
Voters who move within the same precinct may vote at their assigned polling place.Source (confirmed on: 2016-03-25)
52 U.S.C. § 20507 [link]
Can people vote if they have changed their name, but did not update their voter registration with their new name?
Does the state have any places that must provide election materials in languages other than English, per Section 203 of the Voting Rights Act of 1965?
The following counties must provide voting materials in the following languages: * Bernalillo County - Navajo, Pueblo, Spanish * Catron County - Pueblo * Chaves County - Spanish * Cibola County - Navajo, Pueblo * Dona Ana County - Spanish * Eddy County - Spanish * Grant County - Spanish * Guadalupe County - Spanish * Harding County - Spanish * Hidalgo County - Spanish * Lea County - Spanish * Luna County - Spanish * McKinley County - Navajo, Pueblo * Mora County - Spanish * Rio Arriba County - Navajo, Spanish * San Juan County - Navajo * San Miguel County - Spanish * Sandoval County - Navajo, Pueblo * Santa Fe County - Pueblo * Socorro County - Navajo, Pueblo, Spanish * Taos County - Spanish * Valencia County - Pueblo, SpanishSource (confirmed on: 2016-03-25)
Voting Rights Act Amendments of 2006, Determinations Under Section 203, 76 Fed. Reg. 63602 (Oct. 13, 2011) [link]
Does the state have any other rules about providing election materials in languages other than English?
Where a language is historically unwritten, all proclamations, registration, or voting notices, instructions, assistance, or other information relating to the electoral process shall be made available in the language, through the media when practicable, in public meetings, and on election day at the polls. In locations designated by the secretary of state to comply with the 1975 amendments to the federal Voting Rights Act of 1965, oral assistance will be made available to persons who are American Indian or of Spanish heritage with the inability to read the languages the ballot is printed in, or the inability to understand the instructions for operating the voting machine.
The county clerk must also ensure that there are adequate interpreters at alternative voting locations in the precincts having a majority of qualified electors who are part of a recognized language minority. The county clerk must also provide at least one alternate early voting or mobile alternate voting location on Indian nation, tribal, or pueblo land when requested by the Indian nation, tribe, or pueblo in the county with federally mandated language translators.Source (confirmed on: 2016-03-25)
Who can help a voter with reading assistance or translation if they can't vote on their own?
Under Section 208 of the federal Voting Rights Act, any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer, an agent of that employer, or an officer or agent of the voter's union.
A voter may request assistance in voting at the polls if they are unable to read or write, or are a member of a language minority. Any person of the voter's choice may assist them, except their employer, an agent of the employer, an officer or agent of their union, or a candidate whose name is on the ballot. The name of the person providing assistance to a voter will be recorded on the signature roster.Source (confirmed on: 2016-03-25)
Who can help a voter with a disability if they can't vote on their own?
Under Section 208 of the federal Voting Rights Act, any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer, an agent of that employer, or an officer or agent of the voter's union.
A voter may request assistance in voting at the polls if they are blind, physically disabled, unable to read or write, or are a member of a language minority. The name of the person providing assistance to a voter will be recorded on the signature roster.Source (confirmed on: 2016-03-25)
Does the state have other rules related to access for persons with disabilities?
Each polling place will have at least one voting system available to assist voters who have disabilities to cast their vote. The voting location must be accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.
Voter registration must be made available at all state agencies providing public assistance or services to people with disabilities.Source (confirmed on: 2016-03-25)
Does the state provide mail ballots to all voters without a request?
Does the state have early voting/absentee in-person voting?
Where does early voting/absentee in-person voting take place?
The county clerk's office and alternate voting locations established by the county clerk.Source (confirmed on: 2016-04-01)
When does early voting/absentee in-person voting take place?
Early voting begins the 28th day before the election in the county clerk's office and on the third Saturday before the election at alternate sites. It ends, at all locations, the Saturday before the election. Alternate sites for early voting are required to be open at least 8 consecutive hours per day, and must be open Tuesdays through Saturdays.Source (confirmed on: 2016-04-01)
What official chooses early voting/absentee in-person voting locations?
The county clerk.Source (confirmed on: 2016-04-01)
Are lists of early voters/absentee in-person voters published? How?
Yes. Each county clerk is required to keep an "absentee ballot register", which includes:
The absentee ballot register is a public record open to public inspection in the county clerk's office during regular office hours. Upon request, the county clerk will transmit to the county chair of each of the major political parties in the county a copy of the absentee ballot register once a week beginning four weeks before the election. If possible, at the request of a candidate or chair of a political party of the county, the county clerk will electronically send the candidate or chair the updated information.Source (confirmed on: 2016-04-01)
Can anyone vote absentee by mail without an excuse? If not, what excuses allow a voter to vote absentee by mail?
Deadline to apply for absentee ballot by mail
Absentee ballots will be sent to applicants no later than the Friday before the date of election. Applications for an absentee ballot must be received by the Friday before elections so that the county clerk may send out the absentee ballot by the Friday before the election.Source (confirmed on: 2016-04-16)
How does a voter apply for an absentee mail ballot?
A voter must use the statewide absentee ballot application to apply for an absentee ballot. It must be submitted by mail or in person to a county clerk's office.Source (confirmed on: 2016-04-06)
Can a voter make an online request for an absentee mail ballot?
No.Source (confirmed on: 2016-04-06)
Does a voter need to submit any supporting documentation or verification with an absentee mail ballot or absentee mail ballot application? If so, what is required?
Application by a voter for an absentee ballot will be made on a form prescribed by the secretary of state. The application requires that voter's printed name, registration address, and year of birth. Voters who are already registered to vote do not have to submit additional identification. However, new registrants must submit required voter identification. Required voter identification may be (1) an original or copy of current and valid photo identification with or without an address, or (2) an original or copy of a utility bill, bank statement, government check, paycheck, student identification card, or other government document, including identification issued by an Indian nation, tribe, or pueblo, that shows the name and address of the personSource (confirmed on: 4/16)
Are there restrictions on who may request or turn in an absentee mail ballot application for a voter?
There is no restriction on who may request an absentee ballot, although the ballot must be signed by the applicant. A third party person or organization that is not part of a government agency and collects absentee ballot applications shall submit the applications to the appropriate office for filing within 48 hours of their completion or the next business day if the appropriate office is closed for that 48 hour period. A person who collects absentee ballot applications and fails to submit a voter's completed absentee ballot application is guilty of a petty misdemeanor.Source (confirmed on: 2016-04-16)
Deadline to return absentee ballots
Completed ballots will be accepted until 7:00pm on election day.Source (confirmed on: 2016-04-06)
Are there restrictions on who may return a voter's absentee mail ballot for them?
A voter, caregiver to that voter, or member of that voter's immediate family may deliver that voter's absentee ballot to the county clerk in person or by mail, provided that the voter has signed the outer envelope of the absentee ballot.Source (confirmed on: 2016-04-16)
What are absentee ballots sent by mail usually called?
Absentee ballotsSource (confirmed on: 2016-04-16)
Are there any special emergency rules that allow a voter to vote absentee by mail if they are unable to make it to the polls at the last minute?
After the close of the deadline for requesting an absentee ballot, any voter who is unable to go to the polls due to unforeseen illness or disability resulting in their confinement in a hospital, sanatorium, nursing home or residence and who is unable to vote at their polling place on Election Day may submit a written request for a ballot. The written request should be signed by the voter and a health care provider. The voter should send an authorized representative to submit their written request to the county clerk in person. The representative will be given the voter's ballot. The voter should then return the ballot to the office of the county clerk by 7p.m. on Election Day.Source (confirmed on: 2016-04-06)
Are lists of people who vote absentee by mail published? How?
Yes. Each county clerk is required to keep an "absentee ballot register," which includes:
The absentee ballot register is a public record open to public inspection in the county clerk's office during regular office hours. Upon request, the county clerk shall transmit to the county chair of each of the major political parties in the county a copy of the absentee ballot register once a week beginning four weeks before the election. If technologically feasible, at the request of a candidate or chair of a political party of the county, the county clerk shall electronically send the candidate or chair the information when updated.Source (confirmed on: 2016-04-06)
Under federal law, any registered voter who moves out of the state after the 30th day before a Presidential election may vote for President and Vice President either in person at the voter’s previous state of residence or using an absentee ballot from the voter’s previous state of residence.Source (confirmed on: 2016-04-16)
52 U.S.C. § 10502(e) [link]
Who is eligible for military/overseas absentee voting?
An "overseas voter" is an individual who is an United States citizen, who is outside the United States, and who:
An "uniformed-service voter" means an individual who is a United States citizen, whose voting residence is in this state, who otherwise satisfies this state's voter eligibility requirements and who is: * a member of the active or reserve components of the army, navy, air force, marine corps or coast guard of the United States who is on active duty and who by reason of that active duty is absent from the state; * a member of the merchant marine, the commissioned corps of the public health service, the astronaut program of the national aeronautics and space administration or the commissioned corps of the national oceanic and atmospheric administration of the United States and who by reason of that service is absent from the state; * a member on activated status of the national guard or state militia and who by reason of that active duty is absent from the member's county of residence; or * a spouse or dependent of a member and who, by reason of active duty or service of the member, is absent from the state; provided the spouse or dependent is an individual recognized as a spouse or dependent by the entity under which the member is serving.Source (confirmed on: 2016-04-06)
How do voters apply for a military/overseas ballot?
A voter seeking to receive the benefits of the Uniform Military and Overseas Voters Act must inform the appropriate clerk that they are a qualified elector. They may do so by:
A voter may apply for a military-overseas ballot by: * Using an absentee ballot application * Using the federal postcard application or the application's electronic equivalent, or *Using the declaration accompanying a federal write in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write in absentee ballotSource (confirmed on: 2016-04-16)
Deadline to apply for a military/overseas ballot
The county clerk must receive the absentee ballot application no later than 5 p.m. on the Friday preceding the election.Source (confirmed on: 2016-04-16)
Deadline to return the military/overseas ballot
Ballots must be returned to the county clerk or voter's precinct before 7 p.m. on Election Day to be counted. Any completed official mailing envelope received after that time will not be delivered to the absent voter precinct board but shall be preserved by the county clerk until the time for election contests has expired. Then the county clerk will destroy and late ballots without opening the contents.Source (confirmed on: 2016-04-16)
Who is eligible to use a write-in absentee ballot? How does it work?
A federal qualified voter may use a federal write in absentee ballot to vote for all offices and ballot measures in an election. A qualified federal write in absentee ballot will be processed by the canvassing board in the same manner as a provisional ballot. A federal write in absentee ballot from a federal qualified voter will not be qualified if the federal qualified elector voted on any other type of ballot or if it is submitted from any location in the United States.Source (confirmed on: 2016-04-16)
Where do you vote in person?
In the polling place assigned to the voter's precinct.
In the interest of the convenience of the voters and providing accessibility to the polling place, the board of county commissioners may create additional polling places within the precinct upon their own action or upon receipt of a petition signed by at least 10% of the registered voters of the precinct so requesting.Source (confirmed on: 2016-04-06)
What hours are the polls open on Election Day?
Can a voter bring children into the voting booth with them?
Are employers required to give employees time off to vote?
Yes. An employee who starts work before 9 a.m. and ends work after 4 p.m. has the right to leave work for 2 hours on Election Day to vote. The voter is not allowed to be penalized for the absence. However, the voter's employer may specify the hours during which the voter may leave to vote.Source (confirmed on: 2016-04-06)
Are there restrictions on campaigning/electioneering during early voting/absentee in-person voting?
It is illegal to solicit votes, display or otherwise make accessible any posters, signs or other forms of campaign literature whatsoever in the clerk's office or alternate voting location.Source (confirmed on: 2016-04-06)
Are there restrictions on campaigning/electioneering on Election Day?
It is illegal to do any electioneering, including any form of campaigning, displaying signs or distributing campaign literature, within 100 feet of the building in which the polling place is located.Source (confirmed on: 2016-04-06)
Can a voter wear a button or t-shirt with a candidate's name or logo on it into the polling place when they vote?
No. Voters are prohibited from wearing any campaign materials (e.g., t-shirts, hats, buttons, stickers) into the polling place.Source (confirmed on: 2016-04-06)
*NEW 1** Can a voter use a digital or recording device (such as a cell phone or camera) inside the polling place or voting booth?
Yes, digital devices are permitted. However, a voter is prohibited from showing their marked ballot in a way that reveals its contents, such as by sharing a picture of it.Source (confirmed on: 10/14/2016)
*NEW 2** Can a voter use a digital or recording device (such as a cell phone or camera) outside the polling place but within the zone around the polling place where campaigning/electioneering is banned?
State law does not separately address this issue (see previous question).
Can persons other than election workers observe inside the polls?
What are observers inside the polls called in the state?
Election Observers and WatchersSource (confirmed on: 2016-04-16)
Does the state establish requirements to observe inside the polls?
An election observer is a person registered with the United States department of state as an international election observer, or a person registered with the New Mexico secretary of state who is an academic engaged in research on elections and the election process. A person may not be qualified for appointment or service as an election observer if:
*NEW 3* Can a poll observer use a digital or recording device (such as a cell phone or camera) in the polling place?
State law does not address this issue. Local practices may vary.
Are there other rules on what poll observers can or cannot do?
Election observers have the right to witness the precinct board in the conduct of its duties, and denying election observers that right is a petty misdemeanor. Election observers may be present during state canvasses but may not interfere with the orderly conduct of the canvass. Election observers may be present at the preparation, inspection, and sealing of the voting machines to ensure compliance with the Election Code.
Upon presentation to a precinct board of a written appointment, a watcher or election observer may: * Be present at any time from the time the precinct board convenes at the polling place until the completion of the precinct board's duties after the polls close; * Be permitted to observe that the election is being conducted in accordance with the Election Code; * View the precinct voter list to ascertain whether a voter has voted, subject to the same prohibitions and restrictions as are placed upon challengers by the Election Code; * View any voting machine being used in the precinct in the same manner that challengers may examine the voting machines; and * Make in any polling place and preserve for future reference written memoranda of any action or omission on the part of any member of the precinct board charged with the performance of a duty by the Election Code.
A watcher appointed on behalf of candidates may be present only in polling locations within the county of appointment at which ballots are cast for at least one of the candidates making the appointment.Source (confirmed on: 2016-04-16)
When should a voter be offered a provisional ballot?
Under Section 203 of the federal Help America Vote Act of 2002, if a person claims to be a registered voter in the jurisdiction in which the person desires to vote and the person claims to be eligible to vote in a federal election, but the person’s name does not appear on the official list of eligible voters for the polling place or an election official asserts that the person is not eligible to vote, then that person must be permitted to cast a provisional ballot at that polling place. The person may cast the provisional ballot after executing, before an election official at the polling place, a written affirmation stating that the person is (1) a registered voter in the jurisdiction, and (2) eligible to vote in that election.
Additionally, any person who votes in a federal election as a result of a federal or state court order, or any other order extending the time established for closing the polls by a state law in effect 10 days before the date of that election, may only vote in that election by casting a provisional ballot. Any such ballot cast must be separated and held apart from other provisional ballots cast for different reasons.
Under state law, the following rules apply:
If a voter casts a provisional ballot at the wrong precinct, will the ballot be counted?
Yes, if the voter is in the same county as their proper polling place. Votes for which the voter would have been eligible at correct polling location will be counted.Source (confirmed on: 2016-04-06)
Following up on a provisional ballot
A voter does not need to follow up to provide additional information to have their provisional ballot counted. However, if a voter's provisional ballot is not counted, the voter can appeal that decision to the county clerk up until the Friday before the state canvassing board meeting.Source (confirmed on: 2016-04-06)
Finding out if a provisional ballot was counted
If a voter is required to vote a provisional ballot, the presiding judge or election judge will give the voter written instructions on how the voter may determine whether the vote was counted and, if the vote was not counted, the reason it was not counted.
The county clerk will provide a free access system that the voter who casts a provisional ballot may access to ascertain whether the voter's ballot was counted, and if the vote was not counted, the reason it was not counted and how to appeal the decision pursuant to ruled issued by the secretary of state. Access to information about an individual's provisional ballot is restricted to the voter who cast the ballot.Source (confirmed on: 2016-04-06)
What is the law or procedure on emergency ballots if a polling place runs out of printed ballots? Are handwritten/photocopied ballots allowed?
State law prohibits the use of any ballots not issued by the Secretary of State or a County Clerk. In case of a ballot shortage, the County Clerk will need to provide emergency supplies.
A voter cannot be denied the opportunity to mark a ballot for later tabulation due to the lack of functioning electronic vote tabulator. The county clerk must provide additional ballots if needed and when requested by the precinct board.Source (confirmed on: 2016-04-06)
What is the law or procedure on emergency ballots if a voting machine breaks or malfunctions?
In case of a voting counting machine malfunction, statute specifically requires that the voter submit their paper ballot for counting by hand. County clerks are required to have extra paper ballots available for such emergencies.Source (confirmed on: 2016-04-06)
Who must show ID to vote?
All voters must show required voter identification. If a voter does not have the proper identification, then they may vote with a provisional ballot.Source (confirmed on: 2016-04-06)
Are there any special requirements for first-time voters?
All voters must be properly registered to vote in New Mexico.
If a first-time voter registered to vote by mail and did not submit appropriate identification when they mailed in the form, they must provide identification when they vote for the first time. Acceptable identification for first-time voters includes a copy of (1) a current and valid photo identification; or (2) a current utility bill, bank statement, government check, paycheck, student identification card or other government document, including identification issued by an Indian nation, tribe or pueblo that shows your name and current address.Source (confirmed on: 2016-04-06)
What ID is acceptable?
Acceptable identification includes either:
(A) A verbal or written statement of the voter's name, year of birth, and the person's voter registration address (the statement of the voter's name need not contain the voter's middle initial or suffix); or
(B) A physical form of identification, which may be:
Is a student ID an acceptable form of identification?
Does the address on the ID have to match the address at which the voter is registered?
If a voter has no ID, are there alternatives such as an oath or witness?
A voter who does not provide ID may vote a provisional ballot.Source (confirmed on: 2016-04-06)
Do elections without federal offices on the ballot (such as off-year gubernatorial elections) have different ID requirements?
Who can challenge a voter at the polling place?
A member of the precinct board or a party challenger.Source (confirmed on: 2016-04-06)
What are the allowed reasons on which a voter can be challenged at the polling place?
A voter's right may be challenged for the following reasons:
Is there a requirement for the challenger to provide cause or evidence?
If a ballot is challenged, the challenger will explain the reason and the reason will be written in the appropriate notation heading. There is no requirement for providing evidence.Source (confirmed on: 2016-04-06)
How does a voter defend their eligibility to vote if they are challenged?
If the challenge is unanimously affirmed by the presiding judge and the two election judges, the voter must vote a provisional ballot. If it is not unanimously affirmed by the presiding judge and two election judges, the voter may vote a regular ballot.Source (confirmed on: 2016-04-06)
What are the restrictions on polling place challenges?
Who/what is the state election authority?
Secretary of StateSource (confirmed on: 2016-04-01)
firstname.lastname@example.orgSource (confirmed on: 2016-04-01)
New Mexico Secretary of State Meet the Management Staff [link]
Elections Bureau & Ethics Division 505.827.3600Source (confirmed on: 2016-04-01)
New Mexico Secretary of State Contact Us [link]
What local election official(s) are in charge of major state-level elections (such as the even-year November general elections)?
What is the county-level election official?
Contact information for local election authorities
National Voter Registration Act (NVRA) Disclosure Law
Section 8 of the federal NVRA requires that each State maintain for at least 2 years and make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records contain information about a person declining to register to vote or information about the identity of a voter registration agency through which a particular voter might have chosen to register.Source (confirmed on: 2016-04-16)
52 U.S.C. § 20507 [link]
Under state procedure, who may acquire a voter file?
Any person. Click here for instructions.
Additionally, upon request, the secretary of state will send an updated voter file to the state chair of each of the qualified political parties in the state and counties.Source (confirmed on: 2016-04-16)
Who is the state-level contact for acquiring a voter file?
Secretary of StateSource (confirmed on: 2016-04-16)
How much does the state charge for the file?
There is a $15.00 set up fee on all voter date information requests. In addition:
Voter Registration and Election Management System Fees [link]
What format is the file available in?
The voter file can be provided in any of the following formats: a comma-separated value, an Excel file, and a text file (with tab-seperated columns).
The file does not include the voter's social security number, codes used to identify where the voter registered, the voter's birth date, the voter's email address, or, if prohibited by the voter, the voter's telephone number.Source (confirmed on: 2016-04-16)
Does the state have restrictions on commercial use of the voter file?
Yes, the voter file may be used for governmental purposes, election purposes, and election campaign purposes only.Source (confirmed on: 2016-04-16)
Does the state have restrictions on non-commercial use of the voter file?