This rule was filed as 1 NMAC 10.3.

TITLE 1 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 10 ELECTIONS AND ELECTED OFFICIALS

PART 3 FAIL SAFE VOTING

1.10.3.1 ISSUING AGENCY: Office of the Secretary of State.

[5/31/96; Recompiled 11/30/01]

1.10.3.2 SCOPE: All counties. This rule applies to any statewide election, general election, primary election or any special election to fill a vacancy in the office of United States representative.

[5/31/96; Recompiled 11/30/01]

1.10.3.3 STATUTORY AUTHORITY: The National Voter Registration Act of 1993 (P.L. 103-31); Section 1-2-1A.(2) NMSA 1978.

[5/31/96; Recompiled 11/30/01]

1.10.3.4 DURATION: Permanent.

[5/31/96; Recompiled 11/30/01]

1.10.3.5 EFFECTIVE DATE: May 31, 1996 [unless a later date is cited at the end of a section]

[5/31/96; Recompiled 11/30/01]

1.10.3.6 OBJECTIVE: To allow registered voters who have changed their address within the same jurisdiction to vote at any polling place within that jurisdiction, and to incorporate the federal principle that once registered the voter should remain on the list of voters so long as the individual remains eligible to vote in that jurisdiction.

[5/31/96; Recompiled 11/30/01]

1.10.3.7 DEFINITIONS:

A. "Election" means any statewide election, general election, primary election or special election to fill vacancies in the office of United States representative and regular or special school district elections except as modified by the School Election Law [1-22-1 to 1-22-19] NMSA 1978.

B. "Fail safe voting" means a method by which a registered voter who has changed his address within the same jurisdiction may vote at any polling place within that jurisdiction, even if his name is not on the roster of registered voters at that polling place.

[5/31/96; Recompiled 11/30/01]

1.10.3.8 ELIGIBILITY FOR FAIL-SAFE VOTING: Any voter who has moved within the same precinct; has moved from one precinct to another within the same county clerk's jurisdiction and within the same congressional district; has not moved but voter registration records incorrectly show that he has.

[5/31/96; Recompiled 11/30/01]

1.10.3.9 FAIL SAFE VOTING PROCEDURES:

A. A fail-safe voter may vote at his old polling place or his new polling place provided that these are both within the same congressional district. If a voter has moved from one congressional district to another congressional district, but within the same jurisdiction, the voter shall vote at the office of the county clerk.

B. A fail-safe voter shall, after determination by the precinct board or county clerk that his name does not appear on the roster or checklist of registered voters and prior to receipt of a paper ballot, execute an oath or affirmation on the back of the fail-safe ballot envelope stating the following:

"I solemnly swear or affirm that I am a registered voter in

___________________________ County. My address is ______________________________

(Name of County). (Street or Rural Route Number) (Municipality)

My party affiliation is ____________________________________.

(Political party for Primary Election Only)

I will not vote in this election other than by the enclosed ballot. I will not receive or offer compensation or reward for giving or withholding any vote.

________________________________

(Signature of Registered Voter)

________________________________

Printed Name)

C. After completion of the emergency paper ballot, the precinct board shall direct the voter to place the ballot in the ballot envelope and the voter shall place the envelope in the ballot box. The precinct board shall enter the voter's name and address in the roster and checklist of registered voters and designate the voter as a "fail-safe" voter.

[5/31/96; Recompiled 11/30/01]

1.10.3.10 CANVASS OF FAIL SAFE VOTING:

A. After the close of the polling place and delivery of the ballot box to the office of the county clerk, the county clerk shall review the voter registration records to determine if the vote shall be counted. Upon a determination that the fail-safe voter is a qualified elector within the county clerk's jurisdiction, the county clerk shall use the address information received from the voter to correct the voter's certificate of voter registration.

B. If a person offering to vote a fail-safe ballot is determined not to be a qualified elector within the county clerk's jurisdiction, the fail-safe ballot shall not be counted or canvassed.

[5/31/96; Recompiled 11/30/01]

HISTORY OF 1.10.3 NMAC: [RESERVED]