Section 3-8-40 - Conduct of election; persons not permitted to vote; certificate voting; fraudulent and double voting. - New Mexico Statutes

3-8-40. Conduct of election; persons not permitted to vote; certificate voting; fraudulent and double voting.

A.     No person shall vote in a municipal special or regular election unless that person is a qualified elector and he has appeared to vote at the polling place in the precinct or consolidated precinct that encompasses his place of residence as shown on the signature roster.   

B.     Notwithstanding the provisions of Subsection A of this section, a person shall be permitted to vote even though that person's name cannot be found in the signature roster, provided:   

(1)     his residence is within the boundaries of the municipality and within the boundaries of the precinct and the district, if applicable, in which he offers to vote;   

(2)     his name is not listed as having been issued an absentee ballot;   

(3)     he presents a certificate bearing the seal and signature of the county clerk stating that his affidavit of registration is on file at the county clerk's office, that he has not been purged from the voter rolls and that he shall be permitted to vote in the precinct and election specified therein; provided that such authorization shall not be given orally by the county clerk; and   

(4)     he executes a statement swearing or affirming to the best of his knowledge that he is a qualified elector resident of the municipality, currently registered and eligible to vote in that precinct and has not cast a ballot or voted in the election.   

C.     Upon compliance with the requirements of Subsection B of this section, the election judge shall cause the election clerks to:   

(1)     write the person's name and address, as shown on the certificate, in the signature roster under the heading for name and address in the first blank space immediately below the last name and address appearing in the signature roster;   

(2)     insert the person's ballot number or voter number as shown on the public counter of the voting machine on the certificate and on his executed sworn statement;   

(3)     retain the completed certificate and the executed sworn statement, which shall be returned to the municipal clerk with the election returns; and   

(4)     comply with all relevant requirements of Section 3-8-41 NMSA 1978.   

D.     After canvass, the municipal clerk shall in writing notify the county clerk of the names of all individuals voting on certificates.   

E.     A person who knowingly executes a false statement required by Paragraph (4) of Subsection B of this section is guilty of perjury as provided in the Criminal Code [30-1-1 NMSA 1978], and voting on the basis of such falsely executed statement constitutes fraudulent voting.   

F.     A person not entitled to vote who fraudulently votes or a person who votes or offers to vote more than once at any election is guilty of a fourth degree felony.