Section 3-9-7 - Manner of voting; use of an electronic voting device. - New Mexico Statutes

3-9-7. Manner of voting; use of an electronic voting device.

A.     Any person voting an absentee ballot under the provisions of the Municipal Election Code [Chapter 3, Articles 8 and 9 NMSA 1978] shall secretly mark the ballot as instructed on the ballot, place the marked ballot in the official inner envelope and securely seal the envelope.  The voter shall then place the official inner envelope inside the official mailing envelope and securely seal the envelope.  The voter shall then complete the form on the reverse of the official mailing envelope.

B.     Overseas voters and federal qualified electors shall either deliver their ballots in person or mail the official mailing envelope to the municipal clerk of their municipality of residence or deliver it to a person designated by federal authority to receive executed ballots for transmission to the municipal clerk of the municipality of residence.  A voter, caregiver to that voter or member of that voter's immediate family may deliver that voter's absentee ballot to the municipal clerk in person or by mail, provided that the voter has subscribed the outer envelope of the absentee ballot.

C.     When an electronic voting device is used by the voter to cast an absentee vote, the municipal clerk shall ensure that each absentee voting machine is located within the office of the municipal clerk.  The area shall be secured by lock and key.  Each day during the time the absentee voting machine is used for absentee voting, the municipal clerk shall, in the presence of one other employee of the municipality, unlock the office where the voting machine is located.  Each day, at the close of regular office hours, the municipal clerk shall, in the presence of one other municipal employee, secure the office where the voting machine is located.  Each day immediately after unlocking or locking the office where the voting machine is located, the municipal clerk and the employee present shall sign or initial the absentee voting daily report. The municipal clerk shall prescribe the form of the absentee voting daily report, which shall include the following information:

(1)     the voting machine serial number;

(2)     the beginning and ending public counter number for the day;

(3)     the beginning and ending protective counter number for the day;

(4)     the closing seal number, if any;

(5)     the total number of voters for the day; and

(6)     a place for the date and signature of the municipal clerk and the municipal employee.

D.     Voting shall be conducted substantially in the manner provided in the Municipal Election Code.  The absentee voting daily report shall be submitted to the absent voter precinct on election day, along with any voting machines used.