A. When a voter who is eligible for assistance pursuant to Section 1-12-12 NMSA 1978 requires assistance in marking a ballot or using the voting system, the voter shall announce this fact before receiving the ballot or using the voting system.

B. The voter's request for assistance shall be noted by the voter's name in the signature roster and initialed by the presiding judge.

C. After noting the request for assistance in the signature roster, the voter shall be permitted assistance in marking the ballot or using the voting system as provided in Section 1-12-15 NMSA 1978.

D. Any person who swears falsely in order to secure assistance is guilty of a misdemeanor.

History: 1953 Comp., § 3-12-30, enacted by Laws 1969, ch. 240, § 266; 1987, ch. 249, § 28; 1989, ch. 259, § 1; 2007, ch. 337, § 13; 2015, ch. 145, § 62.

Cross references. — For perjury, see 30-25-1 NMSA 1978.

The 2015 amendment, effective July 1, 2015, provided that a person who swears falsely in order to secure assistance in marking a ballot or using the voting system is guilty of a misdemeanor, such a person was previously guilty of perjury; and in Subsection D, after "guilty of", deleted "perjury" and added "a misdemeanor".

The 2007 amendment, effective July 1, 2007, prescribed the procedure for voters to request assistance in using the voting system.

Vote to be that desired by assisted voter. — It is the duty of all of the persons assisting such voter to be certain that the vote, on the ballot or machine, to be cast for each office, is the vote desired by such voter. 1966 Op. Att'y Gen. No. 66-51 (opinion rendered under former law).

Blind voter may be assisted in voting machine. — For the purpose of this section a voting machine is a voting booth and, in compliance with that law, a voter who is blind or otherwise infirm may be assisted in a voting machine. This requires only the poll clerks of the party of the voter to do the assisting. 1956 Op. Att'y Gen. No. 56-6367 (opinion rendered under former law).