1. A. A voter whose name does not appear on the voter list and signature roster for the precinct in which the voter offers to vote shall be permitted to vote in the precinct pursuant to the federal National Voter Registration Act of 1993 and Section 1-12-8 NMSA 1978.
2. B. The judges or election clerks in charge of the signature rosters shall add the voter's name and address in ink to the signature roster on the line immediately following the last entered voter's name, and the voter shall be allowed to sign an affidavit of eligibility and cast a provisional paper ballot; provided that the voter has first signed or marked both the signature roster and checklist of registered voters.
3. C. The provisional paper ballot tracking number for the voter shall be entered on the affidavit of eligibility, the signature roster and the checklist of registered voters.
4. D. In a primary election, a voter shall not be permitted to vote for a candidate of a party different from the party designation shown on the voter's certificate of registration unless the voter's certificate of registration shows that the voter has declined to designate a party affiliation and the voter chooses to affiliate with a major political party for that primary election by requesting the ballot of a party participating in the primary. Upon making that determination, the county clerk shall transmit the ballot to the county canvassing board to be tallied and included in the canvass of that county for the appropriate precinct.

History: 1953 Comp., § 3-5-13, enacted by Laws 1969, ch. 240, § 114; 1975, ch. 255, § 69; 1993, ch. 314, § 37; 1993, ch. 316, § 37; 2001, ch. 146, § 4; 2003, ch. 356, § 16; recompiled as 1-12-7.2 NMSA 1978 by Laws 2005, ch. 270, § 78; 2011, ch. 137, § 84; 2025, ch. 54, § 6.

ANNOTATIONS

Recompilations. — Laws 2005, ch. 270, § 78 recompiled former 1-5-12 NMSA 1978 as 1-12-7.2 NMSA 1978, effective July 1. 2005.

Cross references. — For definition of qualified elector, see 1-1-4 NMSA 1978.

For definition of voter, see 1-1-5 NMSA 1978.

For the National Voter Registration Act of 1993, see 42 USCS § 1973gg et seq.

The 2025 amendment, effective July 1, 2025, allowed voters who have not designated a political party affiliation on their certificates of registration, but have chosen to affiliate with a major political party participating in a primary by requesting the party's ballot, to vote in a primary election; in Subsection D, after "certificate of registration" added "unless the voter's certificate of registration shows that the voter has declined to designate a party affiliation and the voter chooses to affiliate with a major political party for that primary election by requesting the ballot of a party participating in the primary".

The 2011 amendment, effective July 1, 2011, eliminated the prohibition against verbal authorization from the county clerk.

The 2003 amendment, effective July 1, 2003, in Subsection A, inserted "and Section 1-12-8 NMSA 1978"; in Subsection B, substituted "a provisional paper ballot" for "an emergency paper ballot"; at the beginning of Subsection C, substituted "provisional" for "emergency"; and in the first sentence of Subsection D, substituted "a voter shall not be permitted" for "no voter shall be permitted".

The 2001 amendment, effective June 15, 2001, in Subsection A, substituted the former requirements necessary to allow a voter to vote in a precinct that does not have that voter's name on the list or roster for a reference to the requirements of the National Voter Registration Act of 1993; in Subsection B, substituted "to sign an affidavit of eligibility and cast an emergency paper ballot" for "to cast his ballot", substituted "both the signature roster and checklist of registered voters" for "both rosters"; in Subsection C, substituted "The emergency paper ballot" for "The voting machine public counter number or the ballot"; substituted "the affidavit of eligibility, the signature roster and the checklist of registered voters" for "his certificate of eligibility or copy of his certificate of registration", deleted the provision that required the certificate of eligibility or certificate of registration be retained by the precinct board and returned to the county clerk with election returns; deleted former Subsection D, which made the certificate of eligibility valid for use only in the precinct, election and date specified thereon, and renumbered the remaining subsections accordingly; in present Subsection D, deleted the provision that party affiliation must be on the certificate of eligibility or registration for the voter to cast a ballot, deleted "certificate of eligibility or the copy of his" preceding "certificate of registration", added the last sentence; and in Subsection E, deleted "under this section" following "person to vote".

The 1993 amendment, effective June 18, 1993, in Subsection A, substituted "voter's copy of a certificate" for "triplicate affidavit", inserted "of eligibility", and substituted "certificate" for "affidavit"; in Subsection C, inserted "of eligibility" twice, and substituted "copy of his certificate" for "triplicate affidavit" and "voter's copy of his certificate of registration" for "triplicate affidavit"; inserted "of eligibility" in Subsection D; and, in Subsection E, inserted "of eligibility" twice, and substituted "copy of his certificate" for "triplicate affidavit" and "the copy of his certificate" for "triplicate affidavit".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 182.

29 C.J.S. Elections § 51.