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Current as of January 01, 2024 | Updated by Findlaw Staff
A. For a candidate contest or ballot question that is machine-tabulated on a vote tabulation system certified for use in this state, a vote shall be counted if the:
(1) voter's selection of a candidate or answer to a ballot question is indicated in the voting response area of the paper ballot; and
(2) ballot is marked in accordance with the instructions for that ballot type.
B. For a candidate contest or ballot question that is hand-tallied, a vote shall be counted if:
(1) the ballot is marked in accordance with the instructions for that ballot type;
(2) the preferred candidate's name or answer to a ballot question is circled;
(3) there is a distinct marking, such as a cross or check, within the voting response area for the preferred candidate or answer to a ballot question; or
(4) the presiding judge and election judges hand-tallying the ballot unanimously agree that the voter's intent is clearly discernable.
C. For a candidate contest in which there is a declared write-in candidate and a write-in vote is cast, the write-in vote shall be counted if the name is:
(1) the name of a declared write-in candidate for that office and position and is on the proper line provided for a write-in vote for that office and position; and
(2) written as first and last name; first name, middle name or initial and last name; one or two initials and last name; or last name alone if there is no other declared write-in candidate for the office or position that is the same or so similar as to tend to confuse the candidates' identities; provided that:
(a) when the presiding judge and election judges reviewing the write-in vote unanimously agree that the voter's intent is clearly discernable, an abbreviation, misspelling or other minor variation in the form of the name of a declared write-in candidate shall be accepted as a valid vote; and
(b) as used in this subsection, “write-in” and “written” do not include the imprinting of any name by stamp or similar method or device or the use of a stencil or a preprinted sticker or label.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 1. Elections § 1-1-5.2. Definition of a vote; machine-tabulated; hand-tallied; write-in - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-1-elections/nm-st-sect-1-1-5-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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