46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO ELECTIONS; ELIMINATING PROVISIONS FOR WRITE-IN CANDIDATES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 1-12-53 NMSA 1978 (being Laws 1977, Chapter 222, Section 56, as amended) is amended to read:

"1-12-53. EMERGENCY SITUATIONS--VOTERS--EMERGENCY PAPER BALLOT--GENERAL ELECTION--MARKING.--The voter in preparing an emergency paper ballot in a general election shall:

A. if he wishes to vote a straight party ticket, mark a cross (X) or a check (V) in the circle beneath the name of the party and his vote shall be considered as having been cast for every candidate named on the ticket of that party on the ballot, unless he also votes for one or more candidates in some other column [or for some person whose name is not printed on the ballot];

B. if he marks a cross (X) or a check (V) in any circle and also desires to vote for a candidate of another political party (the ticket of which also appears on the ballot) [or for any person by write-in], mark a cross (X) or a check (V) in the box immediately to the right of the name of the candidate [or write in the name of the person] for whom he desires to vote in the blank provided therefor and mark a cross (X) or a check (V) in the box immediately to the right thereof, and his vote shall be considered as having been cast for every candidate of the political party below the party name where he marked his cross (X) or a check (V) in the circle, except for the candidates for whom he has otherwise voted; or

C. if he wishes, mark the ballot by omitting the cross (X) or check (V) in the circle and marking a cross (X) or a check (V) in the box immediately to the right of the name of every candidate [or person] for whom he desires to vote, and his vote shall be considered as having been cast only for the candidate [or person] opposite whose name the cross or check has been marked."

Section 2. REPEAL.--Sections 1-8-36.1, 1-12-19.1 and 1-12-47 NMSA 1978 (being Laws 1981, Chapter 156, Sections 1 and 2 and Laws 1977, Chapter 222, Section 50, as amended) are repealed.