A. A federal qualified elector who is currently registered to vote in this state may, by the deadline specified in the Absent Voter Act for receipt of mailed ballot applications, apply for a military-overseas ballot by:
(1) using a mailed ballot application pursuant to the Absent Voter Act; or
(2) using the federal postcard application or the application's electronic equivalent.
B. A federal qualified elector who is not currently registered to vote in this state may, by the deadline in the Election Code for registering to vote, simultaneously register to vote and apply for a military-overseas ballot by using a federal postcard application or the application's electronic equivalent.
C. An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an automatic application for a military-overseas ballot for the general election.
D. An application for a military-overseas ballot is effective as an automatic application for a military-overseas ballot for a top-two runoff election necessary to conclude the election for which the application was submitted.
History: Laws 2015, ch. 145, § 30; 2018, ch. 79, § 11; 2019, ch. 212, § 81.
The 2019 amendment, effective April 3, 2019, revised the list of methods for applying for a military-overseas ballot, and changed "absentee ballots" to "mailed ballots" throughout; and in Subsection A, deleted former Paragraph A(3), which related to using the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot.
The 2018 amendment, effective July 1, 2018, made conforming changes as a result of the repeal of the Municipal Election Code, and made a minor technical change; in Subsection A, after each occurrence of "Absent Voter Act", deleted "or Municipal Election Code"; and in Subsection D, after "ballot for a", added "top two".
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.