A. Beginning on the Thursday immediately preceding election day, the county clerk may deliver to the special deputy county clerk for delivery to the absent voter precinct board [election board] the absentee ballots received prior to the delivery day. The special deputy county clerk shall issue a receipt for all ballots delivered for the county clerk and shall observe the listing of the names on the official mailing envelopes in the signature rosters. The special deputy county clerk shall then obtain a receipt executed by the presiding judge and each election judge and shall return the receipt to the county clerk for filing. The receipts shall specify the number of envelopes received by the special deputy county clerk from the county clerk for the absent voter precinct and the number of envelopes received by the absent voter precinct board [election board] from the special deputy county clerk.

B. On election day, the county clerk shall deliver all absentee ballots not yet delivered to the absent voter precinct board [election board] but received prior to 7:00 p.m. on election day to the special deputy county clerks for delivery to the absent voter precinct boards [election boards]. The special deputy county clerk shall issue a receipt for all ballots delivered for the county clerk and shall observe the listing of the names on the official mailing envelope in the signature rosters. The special deputy county clerk shall then obtain a receipt executed by the presiding judge and each election judge and shall return the receipt to the county clerk for filing. The receipts shall specify the number of envelopes received by the special deputy county clerk from the county clerk for each absent voter precinct and the number of envelopes received by the absent voter precinct board [election board] from the special deputy county clerk.

C. At 7:00 a.m. on the Thursday prior to election day or on the day the absent voter precinct board [election board] begins early processing of absentee ballots, the county clerk shall deliver the electronic voting machines used for absentee voting by mail to the absent voter precinct board [election board]. The machines shall not be used to vote on or count additional ballots for that election. A special deputy county clerk shall issue a receipt for each voting machine. Upon delivery of a voting machine, the special deputy shall:

(1) obtain a receipt executed by the presiding judge and each election judge specifying the serial number and the seal number of the machine;

(2) verify the public counter number on the machine; and

(3) return the receipt to the county clerk for filing.

History: 1953 Comp., § 3-6-11, enacted by Laws 1969, ch. 240, § 137; 1971, ch. 317, § 9; 1983, ch. 232, § 5; 1987, ch. 249, § 20; 1999, ch. 267, § 15; 2005, ch. 270, § 50.

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.

The 2005 amendment, effective July 1, 2005, added Subsection A to provide the procedure for delivering the absentee ballots by the county clerk to the absent voter precinct; in Subsection B, provided that the county clerk shall deliver all absentee ballots not yet delivered to the absent voter precinct board to the special deputy county clerks; deleted the former requirements that absentee ballots for each precinct be separately wrapped and that upon delivery of the absentee ballots to the absent voter precinct board, the special deputy county clerk remain in the polling place of the absent vote precinct until the special deputy has observed the opening of the mailing envelope and the deposit of the ballots in the locked ballot box; provided that the special deputy county clerk shall observe the listing of names in the rosters; and in Subsection C, provided that on the Thursday prior to election day or on the day the absent voter precinct board begins early processing of absentee ballots, the county clerk shall deliver the machines used for absentee voting by mail to the precinct board.

The 1999 amendment, effective June 18, 1999, designated the formerly undesignated paragraph as Subsection A and added Subsection B.