A. In any election, if a voter who has requested assistance in marking the ballot is blind, has a physical disability, has an inability to read or write or is a member of a language minority who has requested assistance pursuant to Subsection D of Section 1-12-12 NMSA 1978, the voter may be accompanied into the voting booth only by a person of the voter's own choice other than the voter's employer or an agent of that employer, an officer or agent of the voter's union or a candidate whose name appears on the ballot in this election.

B. The name of the person providing assistance to a voter pursuant to this section shall be recorded on the signature roster.

C. A person who provides assistance to a voter when the person knows the voter does not require assistance pursuant to Section 1-12-12 NMSA 1978 is guilty of a misdemeanor.

History: 1953 Comp., § 3-12-31, enacted by Laws 1969, ch. 240, § 267; 1977, ch. 124, § 10; 1979, ch. 139, § 1; 1981, ch. 149, § 3; 1983, ch. 232, § 14; 1987, ch. 249, § 29; 1989, ch. 259, § 2; 2005, ch. 270, § 68; 2015, ch. 145, § 63.

Cross references. — For the election translator and oral assistance for language minority voters, see 1-2-19 NMSA 1978.

The 2015 amendment, effective July 1, 2015, provided that a person who provides assistance to a voter when the person knows the voter does not require assistance is guilty of a misdemeanor; in Subsection A, after "In any", deleted "primary, general or statewide special", after "accompanied into the voting", deleted "machine" and added "booth"; and added Subsection C.

The 2005 amendment, effective July 1, 2005, added Subsection B to provide that the name of the person providing assistance shall be recorded on the signature roster.

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.

Disabled voter may be accompanied in polling place. — Section 1-12-12 NMSA 1978 provides for assistance to electors who declare to the judges of election that they are unable to mark the ballot because of blindness, defective eyesight, other physical disability or because they cannot read either the English or Spanish language and any of these provisions prevent their marking the ballot. The elector may be accompanied in the polling place by the two poll clerks and one person of his own selection. 1961 Op. Att'y Gen. No. 61-132.

Assistance while 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.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 331.

29 C.J.S. Elections § 208.