A. The procedures in the Uniform Military and Overseas Voters Act apply to elections conducted pursuant to the Election Code.
B. A federal qualified elector may vote for all candidates and on all ballot questions as if the voter were able to cast a ballot in person.
C. The form of the military-overseas ballot shall be the same as the ballot provided to all other voters. The form of the military-overseas ballot materials shall be the same as the ballot materials provided to all other voters, except as required by the Uniform Military and Overseas Voters Act.
D. To receive the benefits of the Uniform Military and Overseas Voters Act, a federal qualified elector shall inform the county clerk that the individual is a federal qualified elector. Methods of informing the county clerk include:
(1) the use of a federal postcard application or federal write-in absentee ballot;
(2) the use of an army post office, fleet post office or diplomatic post office address in the correct format as a mailing address on a certificate of registration or as a delivery address on an absentee ballot application;
(3) the use of an overseas address as a mailing address on a certificate of registration or as a delivery address on an absentee ballot application; or
(4) the inclusion on a certificate of registration or an absentee ballot application or other information sufficient to identify the voter as a federal qualified elector.
History: Laws 2015, ch. 145, § 27; 2018, ch. 79, § 9; 2019, ch. 212, § 78.
The 2019 amendment, effective April 3, 2019, in Subsection B, added "ballot" preceding "questions"; and in Subsection D, deleted "appropriate" and added "county" preceding each occurrence of "clerk".
The 2018 amendment, effective July 1, 2018, made conforming changes as a result of the repeal of the Municipal Election Code; and in Subsection A, after "Election Code", deleted "and the Municipal Election Code".
Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
Structure 2021 New Mexico Statutes
Article 6B - Uniform Military and Overseas Voters
Section 1-6B-5 - Methods of registering to vote.
Section 1-6B-7 - Transmission of unvoted military-overseas ballots to federal qualified electors.
Section 1-6B-8 - Receipt of voted military-overseas ballots from federal qualified electors.
Section 1-6B-9 - Emergency response providers.
Section 1-6B-10 - Use of federal write-in absentee ballot; qualification.
Section 1-6B-11 - Confirmation of receipt of application and voted ballot.
Section 1-6B-12 - Use of voter's electronic-mail address.
Section 1-6B-13 - Prohibition of nonsubstantive requirements.
Section 1-6B-14 - Absentee ballots; reports.
Section 1-6B-15 - Equitable relief.
Section 1-6B-16 - Uniformity of application and construction.
Section 1-6B-17 - Relation to Electronic Signatures in Global and National Commerce Act.