A. A person shall be permitted to vote on a provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster, provided:

(1) the person's residence is within the boundaries of the county in which the person offers to vote;

(2) the person's name is not on the list of persons submitting absentee ballots; and

(3) the person executes a statement swearing or affirming to the best of the person's knowledge that the person is a qualified elector, is currently registered and eligible to vote in that county and has not cast a ballot or voted in that election.

B. A voter shall vote on a provisional paper ballot if the voter:

(1) has not previously voted in a general election in New Mexico or has been purged from the voter list;

(2) registered to vote by mail;

(3) did not submit the physical form of the required voter identification with the certificate of registration form; and

(4) does not present to the election judge a physical form of the required voter identification.

C. A voter shall vote on a provisional paper ballot in accordance with the provisions of Section 1-12-7.1 NMSA 1978 if the voter does not provide the required voter identification to the election judge.

D. A judge or election clerk shall have the voter sign the signature roster and issue the voter a provisional paper ballot, an outer envelope and an official inner envelope. The voter shall vote on the provisional paper ballot in secrecy and, when done, place the ballot in the official inner envelope and place the official inner envelope in the outer envelope and return it to the judge or election clerk. The judge or election clerk shall ensure that the required information is completed on the outer envelope, have the voter sign it in the appropriate place and place it in an envelope designated for provisional paper ballots.

E. Knowingly executing a false statement constitutes perjury as provided in the Criminal Code [Chapter 30 NMSA 1978], and voting on the basis of such falsely executed statement constitutes fraudulent voting.

History: 1953 Comp., § 3-12-11, enacted by Laws 1969, ch. 240, § 247; 1971, ch. 317, § 20; 1977, ch. 222, § 37; 1979, ch. 24, § 10; 1987, ch. 249, § 26; 1993, ch. 314, § 55; 1993, ch. 316, § 55; 1995, ch. 198, § 14; 2003, ch. 356, § 30; 2005, ch. 270, § 64; 2011, ch. 137, § 85.

Cross references. — For false voting, see 1-20-8 NMSA 1978.

For falsifying election documents, see 1-20-9 NMSA 1978.

For false swearing, see 1-20-10 NMSA 1978.

For perjury, see 30-25-1, NMSA 1978.

The 2011 amendment, effective July 1, 2011, in Subsection D, required election clerks to have a voter sign the signature roster and issue a provisional ballot and required the voter to return the ballot to the judge or election clerk.

The 2005 amendment, effective July 1, 2005, in Subsection B(1), provided that a voter shall vote on a provisional ballot if the voter has been purged from the voter list; deleted the former provision of Subsection B(2) that the voter shall vote on a provisional ballot if the voter did not register to vote in person; in Subsection B(2), provided that the voter shall vote on a provisional ballot if the voter registered to vote by mail; in Subsection B(3), provided that the voter shall vote on a provisional ballot if the voter did not submit the physical form of identification; in Subsection B(4), deleted the former provision that the voter shall vote on a provisional ballot if the voter does not submit the a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter that matches the name and address on the voter's certificate of registration; in Subsection B(4), provided that the voter shall vote on a provisional ballot if the voter does not submit a physical form of the required voter identification; and added Subsection C to provide that a voter shall vote on a provisional ballot if the voter does not provide the required voter identification.

The 2003 amendment, effective July 1, 2003, substituted "provisional" for "voter's copy or certificate" in the section heading; in Subsection A, deleted "Notwithstanding the provisions of Section 1-12-7 NMSA 1978" and inserted "on a provisional paper ballot" following "vote"; substituted "county" for "precinct" in Subparagraph A(1) and present Subparagraph A(3); redesignated former Subparagraph A(4) as present Subparagraph A(3) and deleted former Subparagraph A(3); added present Subsection B and redesignated former Subsections B and C as present Subsections C and D; rewrote Subsection C; and deleted former Subsections D and E, concerning signature stamp and investigation of statements.

The 1995 amendment, effective April 6, 1995, in Subsection A, deleted Paragraph (2) which read "his name is not on the purged list;", redesignated former Paragraphs (3) to (5) as Paragraphs (2) to (4), and substituted "his voter identification card that" for "the voter's copy of the certificate of registration which" in Paragraph (3); and deleted "such" preceding "actions" in Subsection E.

The 1993 amendment, effective June 18, 1993, substituted "certificate" and "certificate of registration" for "affidavit" throughout the section; inserted "of eligibility" throughout the section; and made several minor stylistic changes.