N.M. Admin. Code § 1.10.12.16 - MAILED BALLOT CURING PROCESS

A. Within one day of receipt of a mailed ballot, the county clerk shall remove the privacy flap to verify that the voter signed the outer envelope and to confirm that the last four digits of the social security number provided by the voter matches the information on the voter's certificate of registration pursuant to Subsection B of Section 1-6-10 NMSA 1978.

(1) If either voter's signature or the last four digits of the voter's social security number are not provided, the county clerk shall reject the mailed ballot and make a notation of "rejected" in the absentee ballot register and provide the applicable rejection reason, either "no signature" or "incomplete," and shall transfer the ballot the special deputy for mailed ballots for delivery to the absent voter election board in accordance with Subsection F of Section 1-6-10 NMSA 1978.

(2) If the last four digits of the social security number do not match the electronic voter registration certificate, the following procedures shall be followed:

(a) The county clerk shall review the original voter registration application to ensure the mismatch is not the result of a typographical error in the voter database. If the error is in the electronic voter registration record, the voter record shall be corrected, and the ballot will not require a curing process.

(b) If the issue is deemed not to be a typographical error in the electronic voter registration record, the county clerk shall query the driver history record system through the New Mexico department of taxation and revenue using the name and date of birth of the voter. If the query returns the same social security number as provided by the voter under the privacy flap, the ballot shall be accepted.

B. The county clerk shall immediately attempt to contact a voter whose ballot qualification was rejected to provide notice to the voter of the rejection, opportunity to satisfy the reason for the rejection, and the process for curing reason for the rejection.

(1) The county clerk shall contact the voter by phone and email, if this information is available.

(2) If contact is not made by email or phone, the county clerk shall send a notice by regular mail with a postage pre-paid envelope.

(3) If a voter requests translation, the county clerk must provide translation in the voter's preferred language.

C. Voters may cure a rejected ballot in-person at the county clerk's office of the county where the ballot was issued or by electronic means or by regular mail by completing one of the following procedures:

(1) If either the voter's signature is missing or the voter did not provide the last four digits of the voter's social security number, the voter shall complete the required information under the privacy flap or complete and sign an affidavit.

(2) If the last four digits of the provided social security number do not match the electronic voter registration record and cannot be ascertained through Subsection A of this section, the voter shall be required to complete and sign an affidavit on a form prescribed by the secretary of state and provided further documentation in order to affirm the required voter identification information.

D. Pursuant to Subsection F of Section 1-6-10 NMSA 1978, if the required information is submitted by the voter, the clerk shall update the absentee ballot register record as "accepted" and shall transfer the ballot, affidavit, and any other document that evidences the cured mailed ballot to the special deputy for mailed ballots for delivery to the absent voter election board or an election board appointed for the preparation of the county canvass. County clerks shall conceal or redact the full social security number and full date of birth on any provided documents prior to transferring those materials.

E. All documents containing personal protected information shall be kept in a secure place by the county clerk and the absent voter election board.

Notes

N.M. Admin. Code § 1.10.12.16

1.10.12.16 NMAC - N, 3-31-2000; A, 4-30-2002; A, 7-15-2003, A, 4-30-2004, Reserved by New Mexico Register, Volume XXIX, Issue 08, April 24, 2018, eff. 4/24/2018, Adopted by New Mexico Register, Volume XXXIV, Issue 16, August 29, 2023, eff. 8/31/2023