A. Each election-day polling place in a statewide election that does not contain mail ballot election precincts or precincts consolidated pursuant to Section 1-3-4 NMSA 1978 shall comply with the requirements for polling places and precincts as provided in Subsections B and C of this section, unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived.

B. Each election-day polling place shall:

(1) have at least one voting system available to assist disabled voters to cast and record their votes; and

(2) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.

C. Each precinct polling place located within a single polling place shall have:

(1) a separate election board and signature roster for the precinct;

(2) at least one optical scan tabulator for the precinct; and

(3) sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible, for the precinct.

History: Laws 2013, ch. 189, § 1; 2019, ch. 212, § 44.

Compiler's notes. — Laws 2015, ch. 145, § 12, effective July 1, 2015, enacted a new section that is identical to Laws 2013, ch. 189, § 1 (compiled as 1-3-19 NMSA 1978), and was therefore not compiled.

The 2019 amendment, effective April 3, 2019, changed "precinct board" to "election board", and made certain clarifying amendments; in Subsection A, after "polling place in a", deleted "primary or general" and added "statewide"; in Subsection B, in the introductory clause, after "Each", added "election-day"; and in Subsection C, Paragraph C(1), after "separate", deleted "precinct" and added "election".