N.M. Admin. Code § 1.10.15.10 - ABSENT VOTER ELECTION BOARD; CHALLENGES; DISPOSITION

A. Challenges in front of the absent voter election board are handled in accordance with Subsections C and D of Section 1-6-14 NMSA 1978.

B. If a challenge is made in front of the absent voter election board, a designated election board member shall notate "challenged" on the absentee ballot envelope but the absent voter election board does not have to rule on the challenge at that time, and may do so when it is otherwise convenient.

C. If the challenge is unanimously affirmed by the absent voter election board, an election board member shall mark "affirmed" on the ballot envelope and mark "rejected" on the absent voter's record on the absentee register. A unanimously affirmed challenged ballot shall not be opened but placed in a container provided for challenged ballots.

D. If the reason for the challenge is satisfied by the voter before the conclusion of the county canvass or as part of an appeal, the voter's record on the absentee ballot register shall be changed from "rejected" to "accepted," the notation "challenge affirmed" on the absentee ballot envelope shall be crossed out and signed and dated by the presiding judge and the county clerk, and the official mailing envelope shall be opened and the vote counted by an election board convened by the county clerk. If the ballot is hand tallied it shall be recorded in the absentee by-mail hand tally counting group. If the ballot is tabulated by a voting tabulator, it shall be recorded in the absentee by-mail machine counting group. If the ballot is counted after the county canvass report has been adopted, the county canvass board shall reconvene to amend the report prior to the state canvassing board convening. If the county canvass board is unable to convene prior to the date of the meeting of the state canvassing board due to the date of the appeal, the county clerk shall provide the information to the secretary of state to present to the state canvassing board. The state canvassing board shall review and adopt the change to the county canvass report in lieu of the county canvass board reconvening, however, if the change results in a change to the winner of a single-county candidate contest or ballot question, the state canvassing board shall order the county canvassing board to reconvene to adopt the change to the county canvassing report.

Notes

N.M. Admin. Code § 1.10.15.10

Adopted by New Mexico Register, Volume XXXI, Issue 18, September 29, 2020, eff. 9/29/2020, Amended by New Mexico Register, Volume XXXII, Issue 16, August 24, 2021, eff. 8/24/2021