Processing, counting, and challenging absentee/mail-in ballots in New Mexico, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016. The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in New Mexico for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

• How ballots are processed and counted
• Whether ballots can be challenged
• Conditions for rejecting a ballot
• Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in New Mexico for the November 2020 election.

Absentee voting in New Mexico: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

No

What was the deadline for requesting a ballot by mail?

Oct. 20, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Received

Were there notary or witness requirements?

No requirement

Processing ballots

Officials in New Mexico began processing absentee/mail-in ballots on October 20, 2020 if the county received over 10,000 absentee ballots and on October 30 if the country received fewer than 10,000 absentee ballots. As of November 2020, New Mexico law included the following provision for processing absentee/mail-in ballots:

“

A. At any time after mailed ballots have been sent to voters and until the fifth day before the election, the county clerk may convene an election board to meet during the normal business hours of the office of the county clerk to qualify the mailed ballots that are returned. Before opening an official mailing envelope, the presiding judge and the election judges shall determine that the required information has been completed on the reverse side of the official mailing envelope.

”

See law: NM Stat § 1-6-14 (2019)

Counting ballots

Officials in New Mexico began counting absentee/mail-in ballots at 7:00pm on November 3, 2020. As of November 2020, New Mexico law included the following provision for counting absentee/mail-in ballots:

“

F. For any election in which fewer than ten thousand mailed ballots were sent to the voters of a county, only between 8:00 a.m. and 10:00 p.m. on the five days preceding the election, and beginning at 7:00 a.m. on election day, under the personal supervision of the presiding election judge, shall the election judges open the official mailing envelope and the official inner envelope and insert the enclosed ballot into an electronic voting machine to be registered and retained until votes are counted and canvassed following the closing of the polls on election night. G. For any election in which ten thousand or more mailed ballots were sent to the voters of a county, only during the regular business hours of the office of the county clerk during the two weeks preceding the election, between 8:00 a.m. and 10:00 p.m. on the four days preceding the election and beginning at 7:00 a.m. on election day, under the personal supervision of the presiding election judge, shall the election judges open the official mailing envelope and the official inner envelope and insert the enclosed ballot into an electronic voting machine to be registered and retained until votes are counted and canvassed following the closing of the polls on election night.

”

See law: NM Stat § 1-6-14 (2019)

New Mexico law included the following provision for who may count absentee/mail-in ballots:

“

A. Each election board shall consist of: (1) a presiding judge; (2) two election judges; and (3) election clerks who are appointed to assist the presiding judge and election judges. B. The county clerk shall appoint presiding judges and election judges so that not more than two of the three judges belong to the same political party at the time of their appointment; provided that: (1) a judge of an election board shall not have changed party registration in the two years next preceding the judge's appointment in such a manner that the judge's prior party registration would make the judge ineligible to serve on the assigned election board; and (2) a judge of an election board shall not continue to serve on an election board if the judge changes party registration after the date of appointment in such a manner to make the judge ineligible to serve on the assigned election board. C. The county clerk may appoint teams of presiding judges and election judges for alternate voting locations, absent voter precincts, recounts and special elections; provided that each team meets the requirements of Subsection B of this section. D. The county clerk may appoint election clerks to the election board as necessary to assist the presiding judge and election judges if the county clerk determines that additional election board members are needed. E. County clerk employees may be assigned by the county clerk to provide support to an election board or polling location.

”

See law: NM Stat § 1-2-12 (2019)

New Mexico law included the following provision for poll watchers:

“

A. The county chair of each political party represented on the ballot in a partisan election may appoint in writing challengers for each polling location. If more than one challenger is appointed to a polling location, the challengers shall be listed in ranking order. B. If any county chair fails to make such appointments or if there is no county chair, the state chair of the political party may in a partisan election appoint in writing one challenger for each polling location in the county.

”

See law: NM Stat § 1-2-21 (2019)

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, New Mexico law included the following provision for challenging ballots:

“

C. A lawfully appointed challenger may view the official mailing envelope and may challenge the ballot of any mailed ballot voter for the following reasons: (1) the official mailing envelope has been opened by someone other than the voter prior to being received by the absent voter election board; (2) the official mailing envelope does not contain a signature; (3) the official mailing envelope does not contain the required voter identification; or (4) the person offering to vote is not a voter as provided in the Election Code.

”

See law: NM Stat § 1-6-14 (2019)

As of November 2020, New Mexico law included the following provision for handling challenged ballots:

“

D. If a challenge is upheld by unanimous vote of the presiding judge and the election judges, the official mailing envelope shall not be opened but shall be placed in a container provided for challenged ballots. If the reason for the challenge is satisfied by the voter before the conclusion of the county canvass or as part of an appeal, the official mailing envelope shall be opened and the vote counted.

”

See law:NM Stat § 1-6-14 (2019)

Rejecting ballots

As of November 2020, New Mexico law included the following provision for rejecting absentee/mail-in ballots:

“

B. If the voter's signature or the required voter identification is missing, the presiding judge shall write "Rejected" on the front of the official mailing envelope. The judge or election clerk shall enter the voter's name in the signature rosters or register and shall write the notation "Rejected--Missing Signature" or "Rejected--Missing Required Voter Identification" in the "Notations" column of the register. The presiding judge shall place the official mailing envelope unopened in a container provided for rejected ballots.

”

See law: NM Stat § 1-6-14 (2019)

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.

As of October 2020, New Mexico did not have a ballot curing provision in state law.

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Ballotpedia's 2020 Election Help Desk
• Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
• Absentee/mail-in voting, 2020