Section 7. Definitions

A. “Absentee ballot” means a method of voting by mail, accomplished by a voter who is absent from the voter’s polling place on election day. “Absentee ballot” has the same definition under the Absent Voter Act as a mailed ballot. B. “Absentee provisional ballot” means the paper ballot issued to a provisional absentee voter. C. “Audit” means a check of the voting systems conducted pursuant to Section 1-14-13.2 NMSA 1978. D. “Ballot” means a paper ballot card that is tabulated on an optical scan vote tabulating system or hand tallied. E. “Contest” means court litigation that seeks to overturn the outcome of an election pursuant to Sections 1-14-1 et seq. NMSA 1978. F. “County canvassing board” means the board of county commissioners in each county. G. “Designated polling place” means the voting location assigned to a voter based on that voter’s residence within a precinct of the county. H. “High speed central count ballot tabulator” means a self-contained optical scan vote tabulating system that uses an automatic ballot feeder to process ballots placed in the tabulator in any orientation. Ballots are processed at high speed and the tabulator has a built in sorting system to divert processed ballots into appropriate bins. I. “Observer” means a voter of a county who has been appointed by a candidate, political party chair, or election related organization pursuant to the provisions of the Election Code. J. “Optical scan” or “EVT ballot” means a ballot used on an optical scan vote tabulating system or EVT voting system. K. “Optical scan vote tabulating system” or “electronic vote tabulating (EVT) voting system” means a voting system which records and counts votes and produces a tabulation of the vote count using one ballot imprinted on either or both faces with text and voting response areas, and includes a high-speed central count ballot tabulator. The optical scan vote tabulating system records votes by means of marks made in the voting response areas. L “electronic vote tabulating (EVT) voting system” means a voting system which records and counts votes and produces a tabulation of the vote count using one ballot imprinted on either or both faces with text and voting response areas, and includes a high-speed central count ballot tabulator. The optical scan vote tabulating system records votes by means of marks made in the voting response areas. L. “Overvote” means the selection by a voter of more than the number of alternatives allowed in a voting response area. M. “Provisional absentee voter” means a voter who votes on an absentee provisional ballot after initially attempting to vote by absentee ballot but whose name does not appear on the signature roster or has failed to 1.10.23 NMAC 2 meet the voter identification requirements in the Election Code. N. “Provisional ballot” means a ballot that is marked by a provisional voter. O. “Provisional voter” means a voter casting a provisional ballot pursuant to the provisions of the Election Code. P. “Recheck” shall have the meaning given in Subsection A of Section 1-1-6 NMSA 1978. Q. “Recount” shall have the meaning given in Subsection B of Section 1-1-6 NMSA 1978 and shall include hand recounts conducted pursuant to this part. R. “Recount precinct board” means the voters of a county who are appointed by the county clerk to open, tabulate, tally and report absentee ballot results. S. “Signature roster” means the certified list of voters at a polling place which is signed by a voter when presenting himself on election day. T. “Tally sheet” means a document prepared by the county clerk and used for the counting of ballots that are electronically tabulated. U. “Undervote” means the failure of a voter to select any of the alternatives in a voting response area. V. “Vote” shall have the meaning given in Section 1-1-5.2 NMSA 1978. W. “Voter” means any qualified elector or federal qualified elector who is registered under the provisions of the Election Code. X red by the county clerk and used for the counting of ballots that are electronically tabulated. U. “Undervote” means the failure of a voter to select any of the alternatives in a voting response area. V. “Vote” shall have the meaning given in Section 1-1-5.2 NMSA 1978. W. “Voter” means any qualified elector or federal qualified elector who is registered under the provisions of the Election Code. X. “Voting response area” means the place on a ballot where the voter is instructed to mark his preference for a candidate or question. [1.10.23.7 NMAC - N/E, 10/2/2008; A/E, 11/3/2008; A, 4/7/2020] 1.10.23.8 PUBLIC NOTICE AND OBSERVATION OF AUDITS, VOTING SYSTEM CHECKS, RECHECKS AND RECOUNTS: A. Public notice. In addition to the notice required to be provided by Section 1-14-16 NMSA 1978 for rechecks and recounts, at least three days prior to an audit, voting system check, recount or recheck, the county clerk shall post, in at least one conspicuous place in the county, the time and location of the audit, voting system check, recount or recheck. In addition, if the county clerk has a web site, at least three days prior to an audit, voting system check, recount or recheck, the county clerk shall post the time and location on its web site. B. Public observation. Consistent with Subsection A of Section 1-14-13.2 NMSA 1978, county canvass observers may be present during the audit process and shall be subject to Section 1-2-31 NMSA 1978. Pursuant to Section 1-14-16 NMSA 1978, members of the public may be present during a recheck or recount. The county clerk shall provide instructions to all observers, watchers and members of the public regarding any rules governing their conduct during an audit, voting system check, recheck, or recount. At all times during an audit process, those present to observe shall wear self-made badges designating themselves as an authorized observer of the organization or candidate which they represent or as a member of the public provide instructions to all observers, watchers and members of the public regarding any rules governing their conduct during an audit, voting system check, recheck, or recount. At all times during an audit process, those present to observe shall wear self-made badges designating themselves as an authorized observer of the organization or candidate which they represent or as a member of the public. Those present to observe shall not: (1) wear any identification other than the badge described above; (2) wear any party or candidate pins; (3) perform any duty of the recount, recheck, or audit workers; (4) handle any election material; (5) interfere with the orderly conduct of workers conducting the process; or (6) use cell phones, audio, or video tape equipment while observing the process.