After marking and preparing a paper ballot in a polling place, the voter:
A. shall not show it to any person in the polling place in such a way as to reveal its contents; and
B. shall feed the paper ballot into the electronic vote tabulator.
History: 1953 Comp., § 3-12-91, enacted by Laws 1977, ch. 222, § 60; 2009, ch. 150, § 22; 2019, ch. 212, § 115.
The 2019 amendment, effective April 3, 2019, in the introductory clause, after "polling place", deleted "alternate voting location" and in Subsection A, after "any person in", added "the polling place in".
The 2009 amendment, effective June 19, 2009, after "After marking and preparing", deleted "his emergency"; after "paper ballot", added "in a polling place or alternate voting location"; deleted former Subsection A, which require a voter to fold the ballot so that the number on the ballot appears on the outside; in Subsection B, at the beginning of the sentence, deleted "deliver it to the presiding judge who shall then detach the visible number on the ballot, hand it to the voter, then deposit the emergency" and added "feed the"; and after "paper ballot", deleted "in the ballot box in the presence of the voter" and added the remainder of the sentence.
Power of election judges to reject ballots. — After ballots had been tendered by the voter and deposited in the ballot box, the quasi-judicial function to reject ballots given election judges by Comp. Laws 1897, §§ 1665, 1668 became exhausted, and thereafter their powers as to such ballots became purely ministerial. Territory of New Mexico ex rel. Lester v. Suddith, 1910-NMSC-068, 15 N.M. 728, 110 P. 1038 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections §§ 328, 337.
29 C.J.S. Elections §§ 206, 207.
Structure 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.