N.M. Stat. » N.M. Stat. / Chapter 1 / Article 10
New Mexico Statutes

N.M. Stat. § 1-10-1 (2026)

Ballot.

✓ current as of May 2026
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As used in the Election Code [Chapter 1 NMSA 1978]:

   A. "ballot" means a system for arranging and designating for the voter the names of
candidates, constitutional amendments and other questions to be voted on and for the marking,
casting or otherwise recording of such votes, and the term includes absentee ballots, provisional
paper ballots and all other paper ballots; and

   B. "provisional paper ballot" means the paper ballot used pursuant to Section 1-12-7.1, 1-
12-8 or 1-12-25.2 NMSA 1978.

History: 1953 Comp., § 3-10-11.1, enacted by Laws 1977, ch. 222, § 24; 1985, ch. 207, § 19;
2003, ch. 356, § 28; 2009, ch. 150, § 8.

                                         ANNOTATIONS

The 2009 amendment, effective June 19, 2009, in Subsection A, after "includes absentee
ballots", deleted "ballot labels, ballot cards, ballot sheets" and after "provisional paper ballots
and", deleted "emergency" and added "all other"; deleted former Subsection B, which defined
"ballot label"; deleted former Subsection C, which defined "emergency paper ballot"; deleted
former Subsection D, which defined "ballot card"; deleted former Subsection E, which defined
"ballot sheet"; and in Subsection B, deleted reference to Section 1-5-10 NMSA 1978 and added
Section 1-12-7.1 NMSA 1978.

The 2003 amendment, effective July 1, 2003, inserted "provisional paper ballots" preceding
"and emergency paper ballots" at the end of Subsection A and added Subsection F.
Notes of Decisions
Cited in 3 cases, 2001–2019 · leading case: Gunaji v. MacIas, 31 P.3d 1008 (N.M. 2001).
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Gunaji v. MacIas, 31 P.3d 1008 (N.M. 2001). · cites it 2× “It is the County Clerk’s duty to prepare the ballot, see NMSA 1978, § 1-10-4 (1985), and the term “ballot” includes the ballot face, see NMSA 1978, § 1-10-1 (1985). After reviewing the Election Code, we do not believe that the precinct board has any duty with respect to the…”
Unite New Mexico v. Oliver, 438 P.3d 343 (N.M. 2019). · cites it 2× “See generally NMSA 1978, §§ 1-10-1 to -14 (1969, as amended through 2017).”
Unite New Mexico v. Oliver (N.M. 2019). · cites it 2× “See generally NMSA 1978, §§ 1-10-1 to -14 (1969, as amended through 2017).”
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