Section 1-12-22 - Conduct of election; challenges; disposition. - New Mexico Statutes

1-12-22. Conduct of election; challenges; disposition.

Challenges shall be handled as follows:   

A.     if the challenge is unanimously affirmed by the presiding judge and the two election judges, the person shall nevertheless be furnished a paper ballot, regardless of whether or not voting machines are being used in the precinct, and he shall be allowed to mark it.  The paper ballot shall then be returned to the presiding judge who shall announce the voter's name in an audible tone and in the voter's presence and place the challenged ballot in an envelope marked "Rejected".  Then this envelope shall be sealed, and the voter's name shall be written on the envelope.  The envelope containing the rejected ballot shall then be deposited in the ballot box and shall not be counted.  The election clerks shall enter such voter's name in the signature roster to be sent to the secretary of state, and the voter shall sign his name in the other signature roster.  The word "Affirmed" shall be written opposite such voter's name under the challenge notation in both signature rosters together with the number of the ballot so furnished.   

B.     if the challenge is not unanimously affirmed by the presiding judge and the two election judges, the voter shall be allowed to vote, and the election clerks shall enter the words "Not Affirmed" under the challenge notation after the voter's name in the signature roster and the checklist of registered voters.