NMSA 1-1-5.2. Definition of a vote; machine-tabulated; hand-tallied; write-in

1-1-5.2. Definition of a vote; machine-tabulated; hand-tallied; write-in. 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. History: Laws 2003, ch. 356, § 9; 2005, ch. 270, § 58; 2007, ch. 337, § 11; § 1-9-4.2 NMSA 1978, recompiled as § 1-1-5.2 NMSA 1978 by Laws 2010, ch. 28, § 21; 2019, ch. 212, § 4; 2023, ch. 39, § 3.