N.M. Admin. Code § 1.10.15.9 - INTERPOSING ELECTION CHALLENGES

A. A properly appointed challenger or member of the election board may interpose challenges only for the specific reasons outlined in Sections 1-12-20 and Subsection C of Section 1-6-14 NMSA 1978.

B. The election board shall allow a challenger to view the application to vote form, signature roster, precinct voter list, and the voting machine pursuant to Section 1-2-23 NMSA 1978. The county clerk and the presiding judge have the discretion regarding whether the signature roster or precinct voter list be provided in electronic or paper form, however, under no circumstance will a challenger be allowed to view a voter's full date of birth or any portion of the voter's social security number. A challenger may view a voting machine only before the polls are opened to ensure that the public counter is at zero, that the results tape contains no votes and that there are no voted ballots in the voting machine bins.

C. In accordance with Subsection C of Section 1-6-14 NMSA 1978, a challenger may view the official mailing envelope prior to the time that it is opened by the election board.

D. Challengers must conduct themselves in an orderly manner at all times. A challenger can be expelled from the precinct for unnecessarily obstructing or delaying the work of the election inspectors; touching ballots, election materials or voting equipment; campaigning; or acting in a disorderly manner.

E. Challenges may not be made indiscriminately or without good cause. Doing so constitutes disrupting a polling place.

F. Challengers do not have the authority to approach voters or talk to voters inside the polling location.

G. Challengers do not have the right to use video cameras or recording devices inside a polling location.

H. County clerks must ensure that they include training on the rules and statutes relating to interposing election challenges at their school of instruction for all election board members.

Notes

N.M. Admin. Code § 1.10.15.9

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