A. When a voter who is eligible for assistance pursuant to Section 1-12-12 NMSA 1978 requires assistance in marking a ballot or using the voting system, the voter shall announce this fact before receiving the ballot or using the voting system.
B. The voter's request for assistance shall be noted by the voter's name in the signature roster and initialed by the presiding judge.
C. After noting the request for assistance in the signature roster, the voter shall be permitted assistance in marking the ballot or using the voting system as provided in Section 1-12-15 NMSA 1978.
D. Any person who swears falsely in order to secure assistance is guilty of a misdemeanor.
History: 1953 Comp., § 3-12-30, enacted by Laws 1969, ch. 240, § 266; 1987, ch. 249, § 28; 1989, ch. 259, § 1; 2007, ch. 337, § 13; 2015, ch. 145, § 62.
Cross references. — For perjury, see 30-25-1 NMSA 1978.
The 2015 amendment, effective July 1, 2015, provided that a person who swears falsely in order to secure assistance in marking a ballot or using the voting system is guilty of a misdemeanor, such a person was previously guilty of perjury; and in Subsection D, after "guilty of", deleted "perjury" and added "a misdemeanor".
The 2007 amendment, effective July 1, 2007, prescribed the procedure for voters to request assistance in using the voting system.
Vote to be that desired by assisted voter. — It is the duty of all of the persons assisting such voter to be certain that the vote, on the ballot or machine, to be cast for each office, is the vote desired by such voter. 1966 Op. Att'y Gen. No. 66-51 (opinion rendered under former law).
Blind voter may be assisted in voting machine. — For the purpose of this section a voting machine is a voting booth and, in compliance with that law, a voter who is blind or otherwise infirm may be assisted in a voting machine. This requires only the poll clerks of the party of the voter to do the assisting. 1956 Op. Att'y Gen. No. 56-6367 (opinion rendered under former law).
Structure 2021 New Mexico Statutes
Article 12 - Conduct of Elections
Section 1-12-1 - Conduct of election; opening and closing of polls.
Section 1-12-2 - Conduct of election; precinct board [election board] attendance.
Section 1-12-2.1 - Precinct board [Election board] work shift option.
Section 1-12-3 - Conduct of election; precinct board [election board] duties.
Section 1-12-4 - Conduct of election; maintenance of order.
Section 1-12-4.1 - Conduct of elections; suspension of certain voter identification requirements.
Section 1-12-5 - Conduct of election; state police; other peace officers.
Section 1-12-6 - Conduct of election; memoranda of actions or omissions.
Section 1-12-7 - Conduct of election; persons not permitted to vote.
Section 1-12-7.1 - Voter lists; signature rosters; checklist of voters; use during election.
Section 1-12-7.2 - Voter whose name is not on list or roster.
Section 1-12-7.3 - Signature rosters and checklists of voters; contents.
Section 1-12-7.4 - Signature roster; checklist of voters; voter list; number; distribution.
Section 1-12-8 - Conduct of election; provisional voting.
Section 1-12-9.1 - Recompiled.
Section 1-12-10 - Conduct of election; voter's name, address and signature.
Section 1-12-10.1 - Conduct of elections; voting information.
Section 1-12-12 - Conduct of election; eligibility for assistance.
Section 1-12-13 - Conduct of election; aid or assistance to voter in marking ballot.
Section 1-12-15 - Conduct of election; persons who may assist voter.
Section 1-12-16 - Conduct of election; type of assistance.
Section 1-12-18 - Conduct of election; disclosure of vote.
Section 1-12-19.1 - Recompiled.
Section 1-12-20 - Conduct of election; interposing challenges.
Section 1-12-21 - Conduct of election; challenges; entries.
Section 1-12-22 - Conduct of election; challenges; disposition.
Section 1-12-23 - Conduct of election; voting machines; instructions.
Section 1-12-25.1 - Procedures for voting on electronic vote tabulator systems.
Section 1-12-25.3 - Provisional paper ballots; required information.
Section 1-12-25.4 - Provisional paper ballots; disposition.
Section 1-12-26 - Conduct of election; closing polls.
Section 1-12-27 - Conduct of election; arrival of voter after closing time.
Section 1-12-28 - Conduct of election; election certificate.
Section 1-12-29 - Conduct of election; counting and tallying; who may be present.
Section 1-12-29.1 - Qualifying provisional, absentee and other paper ballots.
Section 1-12-30.1 - Voter lists; signature rosters; disposition after the polls close.
Section 1-12-31 - Conduct of election; disposition of ballot boxes and other election materials.
Section 1-12-32 - Conduct of election; return of ballot boxes and election materials.
Section 1-12-33 - Conduct of election; office of county clerk to remain open.
Section 1-12-34 - Conduct of election; copies of election return certificates.
Section 1-12-37 - Conduct of election; voting machines; verification of returns.
Section 1-12-39 - Conduct of election; voting machine; completion of locking procedures.
Section 1-12-42 - Conduct of election; employees; time to vote.
Section 1-12-43 - Emergency situations.
Section 1-12-51 - Paper ballots; unauthorized receipt or delivery of paper ballot.
Section 1-12-55 - Paper ballots; marking.
Section 1-12-57 - Paper ballots; procedure after marking.
Section 1-12-59 - Viewing marked paper ballot.
Section 1-12-61 - Removal of paper ballots from polling place.
Section 1-12-62 - Paper ballots; spoiled or defaced.
Section 1-12-63 - Election judges; unused paper ballots.
Section 1-12-65 - Emergency situations; paper ballots; counting and tallying procedures.
Section 1-12-67 - Paper ballots to be placed in ballot box.
Section 1-12-68 - Paper ballots; county canvass; when recount is required.
Section 1-12-69 - Disposition of paper ballots.
Section 1-12-70 - Reporting of vote totals by precinct; voting data maintained by precinct.