Section 3-8-49 - Conduct of election; paper ballots; marking; use of pen or other writing implement; identification marks.
3-8-49. Conduct of election; paper ballots; marking; use of pen or other writing implement; identification marks.
A. In order to vote for a candidate, the person voting shall mark a cross (X) or a check (Ö) in the box next to the name of that candidate or write in the name of the person for whom the voter desires to vote in the space for write-in candidates and mark a cross (X) or a check (Ö) in the box next to the line upon which the write-in vote is cast. Such write-in vote shall be cast in accordance with the provisions of Subsection D of Section 3-8-46 NMSA 1978. Notwithstanding the requirements of this subsection, if a different mark, other than a cross or check, is required for proper counting of the ballot, then the person voting shall make such mark on the ballot in the place so designated on the ballot utilizing the required writing implement pursuant to the instructions of the precinct board.
B. If a question is included on the paper ballot, the person voting shall mark the paper ballot by marking a cross (X) or a check (Ö) in the box for or against the question submitted or otherwise marking the ballot in accordance with Subsection A of this section.
C. All crosses, checks or other proper marks on the ballot shall be made only with pen or other writing implement and in the manner required for the proper counting of the ballot. The cross used in marking ballots shall be two lines intersecting at any angle within the circle or box. The check shall be a "V"-shaped mark with it being permissible for either side of the "V" to be longer than the other side. Any mark discernible either as a cross or a check, whether or not any of the lines extends outside the circle or box, shall be counted as a valid marking of the ballot when crosses or checks are required.
D. 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 cross or check within the voting response area for the preferred candidate or answer to the ballot question; or
(4) the presiding judge and election judges for the precinct unanimously agree that the voter's intent is clearly discernable.
E. A person voting shall not place any mark on the ballot by which it may be afterwards identified as one voted by that person.