Section 3-8-22 - Conduct of election; eligibility for assistance; oral assistance for language minority voters; aid or assistance to voter marking ballot; who may assist voter; type of assistance. - New Mexico Statutes

3-8-22. Conduct of election; eligibility for assistance; oral assistance for language minority voters; aid or assistance to voter marking ballot; who may assist voter; type of assistance.

A.     A voter may request assistance in voting only if the voter is:

(1)     visually impaired; 

(2)     a person with a physical disability; 

(3)     unable to read or write;

(4)     a member of a language minority who is unable to read well enough to exercise the elective franchise; or

(5)     not able to operate a voting machine or mark a ballot without assistance. 

B.     When a voter who is eligible for assistance requires assistance in marking a ballot or recording a vote on a voting machine, the voter shall announce this fact before receiving the ballot or before entering the voting machine.

C.     The voter's request for assistance shall be noted next to the voter's name in the signature roster and shall be initialed by the presiding judge. 

D.     After noting the voter's request for assistance in the signature roster, the voter shall be allowed to receive assistance in marking a ballot or recording a vote on a voting machine.  The name of the person providing assistance to a voter pursuant to this section shall be recorded on the signature roster.

E.     A person who swears falsely in order to secure assistance with voting is guilty of perjury.

F.     If a voter who has requested assistance in marking a ballot has a visual impairment or physical disability, is unable to read or write or is a member of a language minority who has requested assistance, the voter may be accompanied into the voting machine by a person of the voter's own choice; provided that the person shall not be the voter's employer, an agent of that employer, an officer or agent of the voter's union or a candidate whose name appears on the ballot in the election.  A member of the precinct board may assist a voter, if requested to do so by that voter. 

G.     A person who accompanies the voter into the voting booth or voting machine may assist the voter in marking a ballot or recording a vote on the voting machine.  A member of the precinct board who assists a voter shall not disclose the name of any candidate or questions for whom any voter voted.

H.     Oral assistance shall be made available to assist language minority voters who cannot read sufficiently well to exercise the elective franchise.  As used in this subsection, "language minority" means a person who is Native American or of Spanish heritage, and "inability to read well enough to exercise the elective franchise" means inability to read the languages in which the ballot is printed or the inability to understand instructions for operating the voting machine.

I.     The position of election translator is created.  The election translator shall be an additional member of the regular precinct board, unless oral assistance to language minorities can otherwise be rendered by a member of the regular precinct board.  The election translator shall be appointed by the municipal clerk in the same manner as other precinct board members are appointed, except that the municipal clerk in appointing Native American election translators shall seek the advice of the pueblo or tribal officials residing in that municipality.  The election translator shall take the oath required of precinct board members and shall meet the same qualifications as other precinct board members.

J.     Each municipal clerk shall compile and maintain a list of standby election translators to serve in those precincts on election day when the appointed election translator is unavailable for such service.