§ NMSA 1978, § 1-12-43Emergency situations

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Emergency situations.
A. If any electronic vote tabulator becomes disabled while being used to the extent that any
voter is unable to cast a vote for all the candidates or questions of the voter's choice and have such
vote recorded by the electronic vote tabulator, it shall be repaired, if possible, or another electronic
vote tabulator shall be promptly substituted.
B. If a disabled electronic vote tabulator cannot be repaired in a reasonable length of time and
if there are no other electronic vote tabulators available for substitution, the presiding judge shall
order marked ballots to be collected and securely preserved until they may be tabulated pursuant
to rules promulgated by the secretary of state.
C. A voter shall not be denied the opportunity to mark a ballot for later tabulation due to the
lack of a functioning electronic vote tabulator.
D. The county clerk shall provide additional ballots if needed and when requested by the precinct board.

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