A. A person shall be permitted to vote on a provisional paper ballot even though the person's name does not appear in the land grant-merced registration book; provided that the person:

(1) shows proof to the election judge and clerk that the person meets the qualified voting member provisions under Section 49-1-1.1 NMSA 1978 and the land grant-merced bylaws; and

(2) executes a statement swearing or affirming that to the best of the person's knowledge, the person:

(a) is a qualified voting member of the land grant-merced;

(b) is currently registered and eligible to vote in the land grant-merced election; and

(c) has not yet cast a ballot or voted in the election for which the person is seeking to vote by provisional ballot.

B. A judge or election clerk shall write the person's name on the voter roster, have the voter sign next to the voter's name 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, place the official inner envelope in the outer envelope, sign the outer envelope and return the envelope to the judge or election clerk. The election judge or clerk shall ensure that the required information is completed on the outer envelope and will place the envelope in a container designated for provisional paper ballots.

C. At a minimum, the following information shall be printed on the outer envelope for a provisional paper ballot:

(1) the name and signature of the voter;

(2) the voter's registered address, both present and former, if applicable;

(3) the voter's date of birth;

(4) the reason for using the provisional ballot, including what proof was given to assert land grant-merced qualified voting member status; and

(5) sufficient space to list the disposition of the ballot after review by the canvassing board.

D. A provisional paper ballot shall not be rejected for lack of the information required by this section and shall be qualified as long as the voter provides a valid signature and sufficient information for the judge and canvassing board to determine whether the voter is a qualified voting member.

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.

F. Upon closing of the polls, provisional ballots shall be kept by the election judge until the canvassing of the votes by the election judge and canvassing board, who shall determine if the ballots will be counted prior to certification of the election.

G. If the voter was registered with the land grant-merced and the canvassing board determines that the individual was left off of the registration book in error, the provisional paper ballot shall be counted; provided that if the qualified voting member did not sign either the signature roster or the ballot's envelope, the provisional paper ballot shall not be counted.

H. If there is no record of the voter ever having been registered with the land grant-merced, the voter shall be offered the opportunity to register and the provisional paper ballot shall not be counted.

History: 1978 Comp., § 49-1-5.1, as enacted by Laws 2019, ch. 248, § 5.

Effective dates. — Laws 2019, ch. 248, § 5, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.