Section 1-1-5.2 - Definition of a vote; counting of hand-tallied ballots. - New Mexico Statutes

1-1-5.2. Definition of a vote; counting of hand-tallied ballots.

A.     A vote on a paper ballot used on an electronic vote tabulating system, optical scan vote tabulating system or high-speed central count vote tabulator consists of a voter's selection of a candidate or answer to a ballot question indicated in the voting response area of the paper ballot marked in accordance with the instructions for that ballot type.

B.     For paper ballots that are hand-tallied, a vote shall be counted if:  

(1)     the ballot is marked in accordance with the instructions for that ballot type;  

(2)     the preferred candidate's name or answer to a ballot question is circled;  

(3)     there is a cross or check within the voting response area for the preferred candidate or answer to the ballot question; or  

(4)     the presiding judge and election judges for the precinct unanimously agree that the voter's intent is clearly discernable.