N.M. Stat. § 1-12-25.4 (2026)

A. Upon closing of the polls, provisional paper ballots shall be delivered to the county clerk,
who shall determine if the ballots will be counted prior to certification of the election.

   B. A provisional paper ballot shall not be counted if the registered voter did not sign either
the signature roster or the ballot's envelope.

   C. If there is no record of the voter ever having been registered in the county, the voter shall
be offered the opportunity to register, the provisional paper ballot shall not be counted and the
voter registration certificate shall be processed following the canvass of the election.

   D. If the voter was registered in the county, the registration was later canceled and the
county clerk determines that the cancellation was in error, or that the voter continues to reside in
the same precinct, or that the voter's name should not have been placed on the list of voters
whose registrations were to be canceled, the voter's registration shall be immediately restored
and the provisional paper ballot counted.
    E. If the county clerk determines that the cancellation was not in error, the voter shall be
offered the opportunity to register at the voter's correct address, and the provisional paper ballot
shall not be counted.

   F. If the voter is a registered voter in the county but has voted on a provisional paper ballot
other than the ballot of the voter's correct precinct, the county canvassing board shall ensure
that only those votes for the positions or measures for which the voter was eligible to vote are
counted.

   G. If the county clerk finds that the voter who voted on a provisional paper ballot at the polls
has also voted an absentee ballot in that election, the provisional paper ballot shall not be
counted.

    H. The county clerk shall maintain a provisional ballot register that shall be in the same form
and made available in the same manner as the absentee ballot register and the mailed ballot
register. The county clerk shall prepare a tally displaying the number of provisional paper
ballots received, the number found valid and counted, the number rejected and not counted and
the reason for not counting the ballots as part of the canvassing process and forward it to the
secretary of state immediately upon certification of the election.

    I. The secretary of state shall issue rules to ensure securing the secrecy of the provisional
paper ballots, especially during canvassing, reviewing or recounting, and protecting against
fraud in the voting process.

History: Laws 2003, ch. 356, § 7; 2005, ch. 270, § 72; 2015, ch. 145, § 64; 2019, ch. 212, §
113.

                                         ANNOTATIONS

The 2019 amendment, effective April 3, 2019, required the county clerk to maintain a
provisional ballot register, and revised certain provisions related to the disposition of provisional
paper ballots; in Subsection C, after "shall not be counted, added "and the voter registration
certificate shall be processed following the canvass of the election; in Subsection D, after "was
in error,", added "or that the voter continues to reside in the same precinct"; in Subsection F,
after "provisional paper ballot", deleted "at a polling place", after "other than the", deleted
"voter’s designated polling place" and added "ballot of the voter’s correct precinct"; and in
Subsection H, added "The county clerk shall maintain a provisional ballot register that shall be in
the same form and made available in the same manner as the absentee ballot register and the
mailed ballot register.", and after "The county", deleted "canvassing board" and added "clerk".

The 2015 amendment, effective July 1, 2015, provided that when the county clerk determines
that a voter’s name was erroneously placed on a list of voters whose registrations were
canceled, the voter’s registration shall be immediately restored and the provisional paper ballot
counted; and in Subsection D, after "cancellation was in error", added "or that the voter’s name
should not have been placed on the list of voters whose registrations were to be canceled".

The 2005 amendment, effective July 1, 2005, in Subsection I, provided that the rules shall
secure the secrecy of provisional paper ballots, especially during canvassing, reviewing or
recounting the ballots.
Qualification of provisional ballot. — A provisional ballot shall be subject to qualification if the
voter casting the ballot validly signed either the voter roll or the provisional ballot. 2004 Op. Att'y
Gen. No. 04-05.