A. A voter who accidentally spoils or erroneously prepares the voter's paper ballot may return the spoiled or erroneously prepared paper ballot to the presiding judge and receive a new paper ballot.
B. The presiding judge in delivering the new paper ballot shall announce the name of the voter and the number of the new paper ballot in an audible tone.
C. Upon the announcement of the presiding judge, the election clerks shall make a record in the signature roster and checklist of registered voters that the voter received a replacement ballot.
D. The voter shall mark the spoiled or erroneously prepared paper ballot with the word "SPOILED" and shall place it in a separate envelope marked "SPOILED BALLOTS", which shall be returned to the county clerk.
History: 1953 Comp., § 3-12-96, enacted by Laws 1977, ch. 222, § 65; 1987, ch. 249, § 40; 1991, ch. 105, § 36; 2009, ch. 150, § 26.
The 2009 amendment, effective June 19, 2009, in Subsection A after "erroneously prepares", deleted "his emergency" and added "the voter's"; after "erroneously prepared", deleted "emergency" and after "receive a new", deleted "emergency"; in Subsection B, after "new" in two places, deleted "emergency"; in Subsection C, after "election clerks shall", deleted "cross out the number of the spoiled or erroneously prepared emergency paper ballot" and added "make a record"; and after "registered voters", deleted "with a single line and shall insert in lieu thereof the number of the new emergency paper" and added the remainder of the sentence; and in Subsection D, after "The", deleted "presiding judge" and added "voter" and after "prepared", deleted "emergency".
The 1991 amendment, effective April 2, 1991, in Subsection C, inserted "and checklist of registered voters" following "roster" and deleted a second sentence which read "In similar manner, an election judge shall correct the voter's original affidavit of registration" and made a minor stylistic change in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 29 C.J.S. Elections § 204.
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.