1. A. A federal qualified elector who is currently registered to vote in this state may apply for a military-overseas ballot by:

   1. (1) using a mailed ballot application pursuant to the Absent Voter Act [Chapter 1, Article 6 NMSA 1978]; or
   2. (2) using the federal postcard application or the application's electronic equivalent.
2. B. A federal qualified elector who is not currently registered to vote in this state may, by the deadline in the Election Code for registering to vote, simultaneously register to vote and apply for a military-overseas ballot by using a federal postcard application or the application's electronic equivalent.
3. C. An application for a military-overseas ballot for any election conducted pursuant to the Election Code, whether or not timely, is effective as an automatic application for a military-overseas ballot for all subsequent elections the voter is eligible to participate in through the conclusion of the election cycle.
4. D. An application from a federal qualified elector who provides information permitting secured electronic delivery of the ballot is timely if received by the county clerk no later than three days prior to election day. An application from a federal qualified elector who does not provide information permitting secured electronic delivery of the ballot is timely if received by the county clerk by the deadline specified in the Absent Voter Act for receipt of mailed ballot applications.

History: Laws 2015, ch. 145, § 30; 2018, ch. 79, § 11; 2019, ch. 212, § 81; 2023, ch. 39, § 37.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, broadened the scope of application for military-overseas ballots, and provided that an absentee application from a federal overseas voter is allowed up to three days prior to election day if the applicant provides information permitting secured electronic delivery of the ballot; in Subsection A, after "to vote in this state may", deleted "by the deadline specified in the Absent Voter Act for receipt of mailed ballot applications"; in Subsection C, after the first occurrence of "military-overseas ballot for", deleted "primary election" and added "any election conducted pursuant to the Election Code", and after the second occurrence of "military-overseas ballot for", deleted "the general election" and added "all subsequent elections the voter is eligible to participate in through the conclusion of the election cycle"; and in Subsection D, after "An application", deleted "for a military-overseas ballot is effective as an automatic application for a military-overseas ballot for a top-two runoff election necessary to conclude the election for which the application was submitted" and added "from a federal qualified elector who provides information permitting secured electronic delivery of the ballot is timely if received by the county clerk no later than three days prior to election day. An application from a federal qualified elector who does not provide information permitting secured electronic delivery of the ballot is timely if received by the county clerk by the deadline specified in the Absent Voter Act for receipt of mailed ballot applications.".

The 2019 amendment, effective April 3, 2019, revised the list of methods for applying for a military-overseas ballot, and changed "absentee ballots" to "mailed ballots" throughout; and in Subsection A, deleted former Paragraph A(3), which related to using the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot.

The 2018 amendment, effective July 1, 2018, made conforming changes as a result of the repeal of the Municipal Election Code, and made a minor technical change; in Subsection A, after each occurrence of "Absent Voter Act", deleted "or Municipal Election Code"; and in Subsection D, after "ballot for a", added "top two".

Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.