New Mexico Statutes
N.M. Stat. § 1-6-10.1 (2026)
Absentee ballot; delivery to county clerk.
✓ current as of May 2026
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A. A voter, caregiver to that voter or member of that voter's immediate family or household
may deliver that voter's absentee ballot to the county clerk in person or by mail; provided that
the voter has subscribed the official mailing envelope of the absentee ballot.
B. As used in this section, "immediate family" means the spouse, children, parents,
domestic partner, grandchildren, grandparents or siblings of a voter or a person with whom the
voter has a continuing personal relationship.
History: Laws 2003, ch. 357, § 5; 2005, ch. 270, § 49; 2019, ch. 212, § 72; 2023, ch. 39, § 31.
ANNOTATIONS
The 2023 amendment, effective June 16, 2023, revised the definition of "immediate family" as
used in this section; in Subsection A, after "voter's immediate family", added "or household"; and
in Subsection B, after "parents", added "domestic partner, grandchildren, grandparents", and
after "siblings of a voter", added "or a person with whom the voter has a continuing personal
relationship".
The 2019 amendment, effective April 3, 2019, defined "immediate family" as used in this
section; and added Subsection B.
The 2005 amendment, effective July 1, 2005, required the voter to subscribe the outer
envelope of the absentee ballot.Notes of Decisions
Cited in 2
cases, 2018–2020 · leading case: Knox v. Brnovich, 336 F. Supp. 3d 1063 (D. Ariz. 2018).
Knox v. Brnovich, 336 F. Supp. 3d 1063 (D. Ariz. 2018). “§ 0 -140b(a); N.M. Stat. Ann. § 1-6-10.1 ; Ga. Code Ann.”
Dnc v. Katie Hobbs (9th Cir. 2020). “N.M. Stat. Ann. § 1-6-10.1 . At least seven other states (Georgia, Missouri, Nevada, North Carolina, Oklahoma, Ohio, and Texas) similarly restrict who can personally deliver an absentee ballot to a voting location.”
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