Section 1-6-4.1 - Federal and state write-in absentee ballot for overseas voters in general elections for state or federal offices. - New Mexico Statutes

1-6-4.1. Federal and state write-in absentee ballot for overseas voters in general elections for state or federal offices.

A.     Except as provided in Subsection C of this section, a federal or state write-in absentee ballot for federal or state offices in a general election shall be processed in the same manner as provided by law for other absentee ballots.   

B.     In completing the ballot, the overseas voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party, in which case the ballot shall be counted for all candidates of that political party for federal or state office. Any abbreviation, misspelling or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot if the intention of the overseas voter can be ascertained.  

C.     A federal or state write-in absentee ballot of an overseas voter shall not be counted if:   

(1)     the ballot is submitted from any location in the United States;   

(2)     the application of the overseas voter for an absentee ballot is received by the county clerk less than thirty days before the election unless the application is electronically transmitted to the clerk; or   

(3)     the absentee ballot of the overseas voter is received by the county clerk later than 7:00 p.m. on election day.   

D.     A federal qualified elector or overseas voter may transmit, and the county clerk shall accept, an absentee ballot by electronic transmission if:   

(1)     the voter signs an affidavit waiving the right of secrecy of voter's ballot;   

(2)     the voter transmits the affidavit with the absentee ballot; and   

(3)     the transmission of the absentee ballot and affidavit are received by the county clerk no later than 7:00 p.m. on election day.