If voting machines are not used to register absentee ballots, the absentee ballots shall be canvassed, recounted and disposed of in the manner provided by the Election Code [Chapter 1 NMSA 1978] for the canvassing, recounting and disposition of paper ballots. If voting machines are used to register absentee ballots, the ballots shall be canvassed and rechecked in the manner provided by the Election Code for the canvassing and recheck of ballots cast on a voting machine; provided, in the event of a contest, voting machines used to register absentee ballots shall not be rechecked but the absentee ballots shall be recounted in the manner provided by the Election Code for the recounting of paper ballots. As used in this section, "voting machines" means electronic voting machines as provided in the Election Code.
History: 1953 Comp., § 3-6-14.1, enacted by Laws 1977, ch. 222, § 13; 1985, ch. 207, § 6; 1999, ch. 267, § 17; 2009, ch. 150, § 5.
Cross references. — For the verification of votes on a voting machine, see 1-12-37 NMSA 1978.
For counting and tallying procedures for emergency paper ballots, see 1-12-65 NMSA 1978.
For recount of emergency paper ballots, see 1-12-68 NMSA 1978.
For the disposition of emergency paper ballots, see 1-12-69 NMSA 1978.
The 2009 amendment, effective June 19, 2009, in the first sentence, after "disposition of", deleted "emergency" and in the second sentence, after "recounting of", deleted "emergency".
The 1999 amendment, effective June 18, 1999, deleted "lever voting machines or" preceding "electronic voting machines" in the last sentence and made a minor stylistic change.
Structure 2021 New Mexico Statutes
Section 1-6-1 - Absent Voter Act; short title.
Section 1-6-1.1 - Definitions.
Section 1-6-3 - Right to vote absentee.
Section 1-6-4 - Mailed ballot application.
Section 1-6-4.3 - Third party agents collecting applications for mailed ballots.
Section 1-6-5 - Processing application; issuance of ballot.
Section 1-6-5.6 - Early voting; alternate voting locations; procedures.
Section 1-6-5.8 - Early voting; Native American early voting locations.
Section 1-6-6 - Ballot register.
Section 1-6-8 - Mailed ballot envelopes.
Section 1-6-9 - Mailed ballots; manner of voting; delivery methods.
Section 1-6-9.2 - Preparation of electronic voting machines.
Section 1-6-10 - Receipt of mailed ballots by clerk.
Section 1-6-10.1 - Absentee ballot; delivery to county clerk.
Section 1-6-11 - Delivery of absentee ballots to absent voter precincts.
Section 1-6-14 - Handling mailed ballots.
Section 1-6-15 - Canvass; recount or recheck; disposition.
Section 1-6-16 - Mailed ballots; replacement and provisional paper ballots.
Section 1-6-16.2 - Additional emergency procedure for voting.
Section 1-6-20 - Creation of absent voter precinct.
Section 1-6-22 - Designation of absent voter precinct polling place.
Section 1-6-22.1 - Mail ballot election precinct; absentee voting in lieu of polling place.
Section 1-6-23 - Absent voter precinct polling place; hours on election day and subsequent days.