This rule was filed as 1.10.5 NMAC.

 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 10       ELECTIONS AND ELECTED OFFICIALS

PART 5                 THE USE OF ALTERNATIVE BALLOTS FOR EMERGENCY VOTING PURPOSES

 

1.10.5.1                 ISSUING AGENCY:  Office of the Secretary of State

[12/15/97; Recompiled 11/30/01]

 

1.10.5.2                 SCOPE:  All counties. This rule applies to any statewide election, general election, primary election or special election to fill vacancies in the office of United States representative and regular or special school district elections except as modified by the school election law.

[12/15/97; Recompiled 11/30/01]

 

1.10.5.3                 STATUTORY AUTHORITY:  Election Code, Section 1-6-16.2 of the Election Code enacted by N.M. Laws 1993, Ch. 353, section 1.

[12/15/97; Recompiled 11/30/01]

 

1.10.5.4                 DURATION:  Permanent

[12/15/97; Recompiled 11/30/01]

 

1.10.5.5                 EFFECTIVE DATE:  December 15, 1997 [unless a later date is cited at the end of a section]

[12/15/97; Recompiled 11/30/01]

 

1.10.5.6                 OBJECTIVE:  To provide a voter who is unable to go to the polls due to unforeseen illness or disability resulting in the voters confinement in a hospital, sanatorium, nursing home or residence an opportunity to vote by alternative ballot after the close of the period for requesting absentee voter ballots by mail.

[12/15/97; Recompiled 11/30/01]

 

1.10.5.7                 DEFINITIONS:

                A.            "Election" means any statewide election, general election, primary election or special election to fill vacancies in the office of United States representative and regular or special school district elections except as modified by the School Election Law.

                B.            "Alternative ballot" means an emergency paper ballot furnished by the county clerk which contains for the voter the names of candidates, constitutional amendments and other questions to be voted on, and for the marking, casting or otherwise recording of such votes.

                C.            "Health care provider" means an individual licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.

                D.            "Authorized representative" means the person specifically designated by the voter in his written request to the county clerk for an alternative ballot.

[12/15/97; Recompiled 11/30/01]

 

1.10.5.8                 EMERGENCY PROCEDURES AND FORM OF ALTERNATIVE BALLOT:

                A.            After the close of the period for requesting an absentee ballot by mail, a voter unable to go to the polls due to an unforeseen illness or disability resulting in the voter's confinement in a hospital, sanatorium, nursing home or residence who is unable to vote at his or her voting place, voting booth or voting apparatus or machinery may apply in writing to the county clerk for an alternative ballot. The written request must include the name of the voter's authorized representative and the reason for the request, and must be signed by the voter and a health care provider under penalty of perjury.

                B.            Upon receipt of the written request, the county clerk shall compare the voter's signature on the request with the voter's signature on his or her certificate of registration.

                C.            If the county clerk determines that the signature on the written request is not the signature of the voter, the clerk shall reject the request for an alternative ballot, file the written request in a "reject" file and tell the authorized representative the reason for the rejection.

                D.            If the county clerk determines that the signature on the written request is the signature of the voter, the county clerk shall mark the request "accepted", file the request in a separate "accepted" file, and deliver an alternative ballot and the required envelopes to the authorized representative. The county clerk shall instruct the authorized representative on how the voter is to complete the ballot and seal the envelopes. Additionally, the county clerk shall inform the authorized representative that the ballot must be returned in person to the office of the clerk of the county in which the voter resides before the polls close on election day.

                E.             If a request for an alternative ballot is accepted, the voter shall be permitted to vote on an emergency paper ballot. At primary elections, the county clerk shall give the voter's authorized representative the emergency paper ballot of the political party designated in the voter's original certificate of registration. The envelopes provided shall be the same as those used for absentee ballot purposes except that the county clerk shall write on the face of the outer envelope "Alternative Ballot" before delivering it to the voter's authorized representative.

                F.             The county clerk shall receive an alternative ballot until the time for closing of the polls on election day. Upon receipt, the county clerk shall hold the alternative ballot until the signature roster of the precinct where that voter's name appears is available to compare the name of the voter to the signature roster of voters. After each alternative ballot is processed in this manner, the county clerk shall immediately deliver the alternative ballots to the absentee precinct board. An alternative ballot shall only be counted if there is no signature for that voter on the signature roster of the precinct where that voter's name appears.

                G.            The alternative ballots shall be processed and counted in the same manner as absentee ballots.

[12/15/97; Recompiled 11/30/01]

 

History of 1.10.5 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:

Rule 94-2, The Use of Alternative Ballots For Emergency Voting Purposes, filed May 16, 1994.

 

History of Repealed Material:  [RESERVED]