New Mexico Register / Volume
XXXII, Issue 16 /August 24, 2021
This is an amendment
to 1.10.15 NMAC, Sections 3, 6, 8, 9 and 10, effective 8/24/2021.
1.10.15.3 STATUTORY AUTHORITY: This rule is
authorized by [Sections] Section 1-2-1 [and 1-12-72,] NMSA
1978 of the Election Code.
[1.10.15.3
NMAC - N, 9/29/2020; A, 8/24/2021]
1.10.15.6 OBJECTIVE: The purpose of this
rule is to provide a uniform system of [conducting a general election based
on legislative changes in] handling and challenging mailed ballots
consistent with the Election Code.
[1.10.15.6
NMAC - N, 9/29/2020]
1.10.15.8 [COUNTY CLERK MAILED BALLOT REJECTION OF
QUALIFICATION:
A. Upon receipt of
a mailed ballot, the county clerk shall remove the privacy flap to verify that
the voter signed the official mailing envelope and to confirm that the last
four digits of the social security number provided by the voter matches the
information on the voter's certificate of registration.
B. If either the
voter's signature is missing or the last four digits of the voter's social
security number are not provided or do not match, the county clerk shall reject
the mailed ballot and make the appropriate notation in the absentee ballot
register and shall transfer the ballot to the special deputy for mailed ballots
for delivery to the absent voter election board. Mailed ballots that are rejected must be
secured and kept separate from the accepted mailed ballots.
C. If the mailed
ballot is rejected, the county clerk shall within one working day send the
voter a notice of rejection, in the voter’s preferred language, along with
information regarding how the voter may cure the reason for the rejection.
D. If the last four
digits of the voter’s social security number are either missing or does not
match, the county clerk shall send a notice via electronic mail, or regular
mail if no email address is on file, to the voter instructing them on how to
cure the discrepancy.
E. If the signature
is missing, the county clerk shall send notice via electronic mail instructing
them to sign an affidavit and return it via email to the county clerk’s
office. This affidavit of cured mailed
ballot should contain a space for the voter to provide the voter’s signature
and attest that this constitutes the required voter identification to cure the
rejected mailed ballot. If the voter
does not have an email address, the county clerk shall send a notice containing
a signature form and a prepaid envelope for the voter to return and must
indicate that the voter may also appear in person at the county clerk’s office
to cure the rejected mailed ballot.
F. The county clerk
has a duty to attempt to contact any voter twice whose mailed ballot is
rejected by either telephone, electronic mail, or mailed notice within one
working day of rejection. If attempting
to call by telephone the county clerk shall leave a message if there is an
ability to do so.
G. If the voter
cures the violation either electronically, by mail or in person the county
clerk shall mark “accepted” in the absentee ballot register and shall transfer
the ballot and any document that evidences the cured mailed ballot to the
special deputy for mailed ballots for delivery to the absent voter election
board.
H. The
determination of the county clerk to accept or reject a mailed ballot is
subject to a later challenge before the absent voter election board.] [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. For the
purposes of interposing challenges, a challenger’s permitted activities are
those listed in Section 1-2-23, NMSA 1978.
No other written information will be provided to challengers by election
board members. A challenger will not be
allowed to view a voter’s full date of birth or any portion of the voter social
security number except as provided on the official mailing envelope pursuant to
Subsection C of Section 1-6-14 NMSA 1978.]
[C.] B. The
election board [must] 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. If two
challengers are representing a political party, candidate, or election
related organization in a polling location, only one of the challengers may
hold the authority to challenge at any given time. The challengers may alternate the authority
to challenge at their discretion. The
challengers must advise the precinct board each time the authority is
alternated. This provision does not
apply to challengers’ conduct pursuant to Paragraph (6) of Subsection A of Section 1-2-25 NMSA 1978.]
[I.] 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 [Section
1-12-22] 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 [may] shall notate [the challenge] “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 [absentee] absent voter election
board, an election board member shall mark “affirmed” on the ballot envelope
and [indicate this in the absent voter record] 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. Any
unanimously affirmed challenged mailed ballots shall be given to the special
deputy for mailed ballots for delivery to the County Clerk. Once received, the county clerk must comply
with Subsections C – G of 1.10.15.8 NMAC, to attempt to have the voter cure the
reason the challenge was affirmed.
E.] 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 [the county canvass board] 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 question, the state
canvassing board shall order the county canvassing board to reconvene to adopt
the change to the county canvassing report.
[F. If the
voter cures the reason for the challenge, the voter's record on the absentee
ballot register shall be changed to "accepted", and the notation
"challenged-affirmed" on the mailed ballot envelope shall be crossed
out, signed and dated by either the presiding judge of the absentee precinct
board or a member of the county canvassing board, dependent upon when the voter
satisfies the reason for the not affirmed challenge.]
[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.