{"data":{"id":"us-nm/1-1-5.2","jurisdiction":"us-nm","citation":"1-1-5.2","heading":"Definition of a vote; machine-tabulated; hand-tallied; write-in.","body":"A. For a candidate contest or ballot question that is machine-tabulated on a vote tabulation system certified for use in this state, a vote shall be counted if the:\n(1) voter's selection of a candidate or answer to a ballot question is indicated in the voting response area of the paper ballot; and\n(2) ballot is marked in accordance with the instructions for that ballot type.\nB. For a candidate contest or ballot question that is hand-tallied, a vote shall be counted if:\n(1) the ballot is marked in accordance with the instructions for that ballot type;\n(2) the preferred candidate's name or answer to a ballot question is circled;\n(3) there is a distinct marking, such as a cross or check, within the voting response area for the preferred candidate or answer to a ballot question; or\n(4) the presiding judge and election judges hand-tallying the ballot unanimously agree that the voter's intent is clearly discernable.\nC. For a candidate contest in which there is a declared write-in candidate and a write-in vote is cast, the write-in vote shall be counted if the name is:\n(1) the name of a declared write-in candidate for that office and position and is on the proper line provided for a write-in vote for that office and position; and\n(2) written as first and last name; first name, middle name or initial and last name; one or two initials and last name; or last name alone if there is no other declared write-in candidate for the office or position that is the same or so similar as to tend to confuse the candidates' identities; provided that:\n(a) when the presiding judge and election judges reviewing the write-in vote unanimously agree that the voter's intent is clearly discernable, an abbreviation, misspelling or other minor variation in the form of the name of a declared write-in candidate shall be accepted as a valid vote; and\n(b) as used in this subsection, \"write-in\" and \"written\" do not include the imprinting of any name by stamp or similar method or device or the use of a stencil or a preprinted sticker or label.","path":["Chapter 1 - Elections","ARTICLE 1 Definitions and General Provisions"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18502/index.do","current_through":"2026-05-20","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"47123b073a8ce53f82162d4f61bd1412b8602de623fdd0b9a598fcaf59a510ed","source_id":"us-nm","stale":false,"prev":"us-nm/1-1-5.1","next":"us-nm/1-1-5.3"},"notice":"GroundRules: Original legal text. Not legal advice."}