§ NMSA 1978, § 1-21-5Processing application; issuance of ballot; casting of ballot

Processing application; issuance of ballot; casting of ballot.
A. If satisfied that the application is proper and that the new resident or former resident is
qualified to vote under the Federal Voting Rights Compliance Act, the county clerk shall mark the
application "accepted" and shall return the executed original application to the applicant.
B. Acceptance of an application under the provisions of the Federal Voting Rights Compliance
Act constitutes registration only for the presidential election in which the presidential ballot is to
be cast.
C. The county clerk shall mail the duplicate original of each application accepted under the
provisions of the Federal Voting Rights Compliance Act to the appropriate official in the state in
which the new resident last resided or in which the former resident now resides.
D. The county clerk shall file, in alphabetical order in his office for six months following each
presidential election, the following public records:
(1) a triplicate original of each application of all persons who have applied for a presidential ballot under the provisions of the Federal Voting Rights Compliance Act to vote as new residents or former residents; and
(2) official information received by him from another state indicating that a former resident of New Mexico has made application to vote at a presidential election in another state. Such
official information shall be sufficient evidence for the county clerk to cancel the resident's certificate of registration in that county.
E. Notwithstanding any provision of the Election Code [Chapter 1 NMSA 1978], new residents
and former residents shall cast their presidential ballots in the same manner as absentee voters
except as provided in the Federal Voting Rights Compliance Act.
F. If presidential ballots are available at the time of application in person therefor, the county
clerk shall deliver the presidential ballot to the new resident or former resident, and it shall be
marked by the applicant in a voting booth in the courthouse, sealed in the proper envelopes and
otherwise properly executed, and returned to the county clerk or his authorized representative
before the new resident or former resident leaves the office of the county clerk. Presidential ballots
may be cast in person at the county clerk's office until 5:00 p.m. on Thursday immediately prior to
the date of the presidential election.
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G. If presidential ballots are not available at the time of application in person therefor by a
new resident or former resident selecting the absentee option, the county clerk shall mail the
presidential ballot to the address shown on the new resident's or former resident's application, as
applicable.
H. Notwithstanding any provision of the Election Code, presidential ballots shall be mailed to
all new residents, former residents, federal qualified electors, federal voters and voters who have
qualified and applied therefor not less than seven days immediately prior to a presidential election.