New Mexico § 1-1-5.2 - Definition of a vote; machine-tabulated; hand-tallied; write-in
Full text of New Mexico New Mexico Statutes Annotated § 1-1-5.2 — Definition of a vote; machine-tabulated; hand-tallied; write-in, with citation guidance and answers to common questions.
§ 1-1-5.2. Definition of a vote; machine-tabulated; hand-tallied; write-in
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: (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 (2) ballot is marked in accordance with the instructions for that ballot type. B. For a candidate contest or ballot question that is hand-tallied, a vote shall be
counted if: (1) the ballot is marked in accordance with the instructions for that ballot type; (2) the preferred candidate's name or answer to a ballot question is circled; (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 (4) the presiding judge and election judges hand-tallying the ballot unanimously agree
that the voter's intent is clearly discernable. C. 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: (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 (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: (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 (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.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 1-1-5.2
What does New Mexico Statutes Annotated § 1-1-5.2 cover?
Section 1-1-5.2 ("Definition of a vote; machine-tabulated; hand-tallied; write-in") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 1-1-5.2?
A common citation format is "New Mexico Statutes Annotated § 1-1-5.2" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 1-1-5.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.