A. A military-overseas ballot shall be considered timely if it is received by the county clerk no later than the deadline for receiving mailed ballots in Section 1-6-10 NMSA 1978.
B. A federal qualified elector may transmit, and the county clerk shall accept, a military-overseas ballot by secured electronic transmission available to the county clerk when the military-overseas ballot is sent directly by the voter to that clerk; provided that, when sending a military-overseas ballot as described in this subsection:
(1) the federal qualified elector signs an affidavit waiving the right of secrecy of the federal qualified elector's ballot;
(2) the federal qualified elector transmits the affidavit with the military-overseas ballot; and
(3) the county clerk places the received ballot in a holding envelope provided by the secretary of state for this purpose and delivers the ballot to the appropriate election board.
History: Laws 2015, ch. 145, § 32; 2019, ch. 212, § 83.
The 2019 amendment, effective April 3, 2019, revised the methods of delivery of military-overseas ballots from federal qualified electors; in Subsection A, after "no later than the", deleted "closing of the polls on election day" and added "deadline for receiving mailed ballots in Section 1-6-10 NMSA 1978"; in Subsection B, in the introductory clause, after "military-overseas ballot by", deleted "facsimile transmission, electronic mail delivery or other equivalent" and added "secured", and after "electronic", deleted "delivery" and added "transmission", and in Paragraph B(3), after "ballot to the", deleted "absentee precinct" and added "appropriate election".
Applicability. — Laws 2015, ch. 145, § 102 provided that the Uniform Military and Overseas Voters Act is applicable to any federal postcard application received as of the first day of the current election cycle.
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.