A. The county clerk shall request an electronic-mail address from each federal qualified elector who registers to vote. An electronic-mail address provided by a federal qualified elector shall not be made available to the public and is exempt from disclosure pursuant to the Inspection of Public Records Act. The electronic-mail address may be used only for official communication with the voter about the voting process, including the secured transmission of military-overseas ballots and ballot materials if the voter has requested secured transmission, and verifying the voter's mailing address and physical location. The request for an electronic-mail address shall describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited.
B. If a mailed ballot is transmitted to a federal qualified elector via secured transmission, the county clerk shall note in the ballot register the voter's registration address, that the ballot was delivered to the voter electronically and the date on which it was sent, but shall not disclose the voter's electronic-mail address.
C. A federal qualified elector who provides an electronic-mail address may request that the voter's application for a military-overseas ballot be considered a standing request for secured electronic delivery of a ballot for all elections in the election cycle. The county clerk shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable as an automatic application for a military-overseas ballot.
History: Laws 2015, ch. 145, § 36; 2019, ch. 212, § 86.
The 2019 amendment, effective April 3, 2019, changed "absentee ballot" to "mailed ballot", and required that the transmission of military-overseas ballots be secured; in Subsection A, after "including", deleted "transmitting" and added "the secured transmission of", after "requested", deleted "electronic" and added "secured", and after "transmission", deleted "by electronic mail"; in Subsection B, after "If", deleted "an absentee" and added "a mailed", after "elector via", deleted "electronic mail" and added "secured transmission", and after "note in the", deleted "absentee"; and in Subsection C, after "request for", added "secured".
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 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.