Section 3-8-50 - Conduct of election; paper ballots; procedure after marking; delivery of two or more ballots; person authorized to receive ballots; spoiled or defaced ballots. - New Mexico Statutes

3-8-50. Conduct of election; paper ballots; procedure after marking; delivery of two or more ballots; person authorized to receive ballots; spoiled or defaced ballots.

A.     After marking and preparing the paper ballot, the person voting:

(1)     shall not show it to any person in such a way as to reveal its contents; and 

(2)     shall deliver it to an election judge who shall then remove any visible number on the ballot, hand the detached number to the person voting and deposit the paper ballot in the ballot box in the presence of the person voting.

B.     Only an election judge shall receive a ballot from a person voting.  No person shall examine or solicit a person to reveal or show the contents of the person's paper ballot.

C.     The election judge shall not deposit in the ballot box any paper ballot from which the slip containing the number of the paper ballot has not been removed by the election judge and handed to the person voting. 

D.     A person who accidentally spoils or erroneously prepares the ballot may return the spoiled or erroneously prepared ballot to the election judge and receive a new ballot. 

E.     The election judge in delivering the new ballot shall announce the name of the person voting in an audible tone and the number of the new ballot. 

F.     Upon the announcement of the election judge, the election clerks shall cross out the number of the spoiled or erroneously prepared ballot in the signature roster with a single line and shall insert in lieu thereof the number of the new ballot.

G.     The election judge shall mark the spoiled or erroneously prepared ballot with the word "SPOILED" and shall place it in a separate envelope marked "SPOILED BALLOTS", which shall be returned to the municipal clerk.

H.     Any person who knowingly hands to the election judge two or more ballots folded together is guilty of a fourth degree felony.