TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 10 ELECTIONS AND ELECTED OFFICIALS
PART 15 ALTERNATIVE AND ELECTION DAY
VOTING ADMINISTRATION
1.10.15.1 ISSUING AGENCY: Office of the New
Mexico Secretary of State
[1.10.15.1
NMAC - N, 9/29/2020]
1.10.15.2 SCOPE: This rule applies to the
administration of all elections conducted pursuant to the Election Code.
[1.10.15.2
NMAC - N, 9/29/2020]
1.10.15.3 STATUTORY AUTHORITY: This rule is
authorized by Section 1-2-1 NMSA 1978 of the Election Code.
[1.10.15.3
NMAC - N, 9/29/2020; A, 8/24/2021]
1.10.15.4 DURATION: Permanent.
[1.10.15.4
NMAC - N, 9/29/2020]
1.10.15.5 EFFECTIVE DATE:
September
29, 2020, unless a later date is cited at the end of a section.
[1.10.15.5
NMAC - N, 9/29/2020]
1.10.15.6 OBJECTIVE:
The purpose of this rule is to provide a uniform system of handling and
challenging ballots consistent with the Election Code.
[1.10.15.6
NMAC - N, 9/29/2020; A, 8/24/2021]
1.10.15.7 DEFINITIONS: [RESERVED]
[1.10.15.7 NMAC – N, 9/29/2020]
1.10.15.8 [RESERVED]
[1.10.15.8
NMAC - N, 9/29/2020; Repealed, 8/24/2021]
1.10.15.9 INTERPOSING ELECTION CHALLENGES:
A. A properly
appointed challenger or member of the election board may interpose challenges only
for the specific reasons outlined in Sections 1-12-20 and Subsection C of
Section 1-6-14 NMSA 1978.
B. The election
board shall allow a challenger to view the application to vote form, signature
roster, precinct voter list, and the voting machine pursuant to Section 1-2-23
NMSA 1978. The county clerk and the
presiding judge have the discretion regarding whether the signature roster or
precinct voter list be provided in electronic or paper form, however, under no
circumstance will a challenger be allowed to view a voter’s full date of birth
or any portion of the voter’s social security number. A challenger may view a voting machine only
before the polls are opened to ensure that the public counter is at zero, that
the results tape contains no votes and that there are no voted ballots in the
voting machine bins.
C. In accordance with Subsection C of Section 1-6-14 NMSA
1978, a challenger may view the official mailing envelope prior to the time
that it is opened by the election board.
D. Challengers must
conduct themselves in an orderly manner at all times. A challenger can be expelled from the
precinct for unnecessarily obstructing or delaying the work of the election
inspectors; touching ballots, election materials or voting equipment;
campaigning; or acting in a disorderly manner.
E. Challenges may
not be made indiscriminately or without good cause. Doing so constitutes disrupting a polling
place.
F. Challengers do
not have the authority to approach voters or talk to voters inside the polling
location.
G. Challengers do
not have the right to use video cameras or recording devices inside a polling
location.
H. County clerks
must ensure that they include training on the rules and statutes relating to
interposing election challenges at their school of instruction for all election
board members.
[1.10.15.9 NMAC - N, 9/29/2020; A, 8/24/2021]
1.10.15.10 ABSENT VOTER ELECTION BOARD; CHALLENGES; DISPOSITION:
A. Challenges in
front of the absent voter election board are handled in accordance with Subsections
C and D of Section 1-6-14 NMSA 1978.
B. If a challenge
is made in front of the absent voter election board, a designated election
board member shall notate “challenged” on the absentee ballot envelope but the
absent voter election board does not have to rule on the challenge at that
time, and may do so when it is otherwise convenient.
C. If the challenge
is unanimously affirmed by the absent voter election board, an election board
member shall mark “affirmed” on the ballot envelope and mark “rejected” on the
absent voter’s record on the absentee register.
A unanimously affirmed challenged ballot shall not be opened but placed
in a container provided for challenged ballots.
D. If the reason for the challenge is satisfied by the voter
before the conclusion of the county canvass or as part of an appeal, the
voter’s record on the absentee ballot register shall be changed from “rejected”
to “accepted,” the notation “challenge affirmed” on the absentee ballot
envelope shall be crossed out and signed and dated by the presiding judge and
the county clerk, and the official mailing envelope shall be opened and the
vote counted by an election board convened by the county clerk. If the ballot is hand tallied it shall be recorded
in the absentee by-mail hand tally counting group. If the ballot is tabulated by a voting
tabulator, it shall be recorded in the absentee by-mail machine counting
group. If the ballot is counted after
the county canvass report has been adopted, the county canvass board shall
reconvene to amend the report prior to the state canvassing board
convening. If the county canvass board
is unable to convene prior to the date of the meeting of the state canvassing
board due to the date of the appeal, the county clerk shall provide the
information to the secretary of state to present to the state canvassing
board. The state canvassing board shall
review and adopt the change to the county canvass report in lieu of the county
canvass board reconvening, however, if the change results in a change to the
winner of a single-county candidate contest or ballot questions, the state
canvassing board shall order the county canvassing board to reconvene to adopt
the change to the county canvasing report.
[1.10.15.10
NMAC - N, 9/29/2020; A, 8/24/2021]
History of 1.10.15
NMAC: [RESERVED]
History of Repealed
Material:
1.10.15.8 NMAC: County Clerk Mailed Ballot Rejection of Qualification, filed 9/29/2020; Repealed 8/24/2021.