A. In those polling places designated by the secretary of state as being subject to the provisions of the 1975 amendments to the federal Voting Rights Act of 1965, oral assistance shall be made available to assist language minority voters who cannot read sufficiently well to exercise the elective franchise. As used in the Election Code [Chapter 1 NMSA 1978], "language minority" means a person who is an American Indian or of Spanish heritage and "inability to read well enough to exercise the elective franchise" means inability to read the languages in which the ballot is printed or the inability to understand instructions for operating the voting machine.

B. In those precincts where oral assistance is required, the position of election translator is created. The election translator shall be an additional member of the regular precinct board [election board] unless oral assistance to language minorities can otherwise be rendered by a member of the regular precinct board [election board]. The election translator shall be appointed by the county clerk in the same manner as other precinct board [election board] members are appointed, except that the county clerk in appointing American Indian election translators shall seek the advice of the pueblo or tribal officials residing in that county. The election translator shall take the oath required of precinct board [election board] members and shall meet the same qualifications as other precinct board [election board] members. In precincts where election translators are required, an election translator shall represent each political party as required by law for precinct boards [election boards].

C. Each county clerk shall compile and maintain a list of standby election translators to serve in those precincts on election day when the appointed election translator is unavailable for such service.

D. Each county clerk shall provide to the secretary of state no later than thirty days before any election a list of appointed election translators and a list of appointed standby election translators, together with the precinct numbers to which each election translator has been appointed.

History: 1953 Comp., § 3-2-17.1, enacted by Laws 1977, ch. 124, § 2; 1989, ch. 392, § 3.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 2019, ch. 212, § 283, effective April 3, 2019, provided that references in the Election Code to "precinct board", shall be deemed to be references to "election board", as that term is defined in Section 1-1-13 NMSA 1978.

Cross references. — For the 1975 amendments to the federal Voting Rights Act of 1965, see 42 U.S.C. §§ 1973a to 1973d, 1973h, 1973i, 1973k, 1973l, 1973aa, 1973aa-1a, 1973aa-2 to 1973aa-5, 1973bb and 1973bb-1.