New Mexico Administrative Code

Election Code, Section 1-10-8 NMSA 1978.

Permanent.

February 12, 2016, unless a later date is cited at the end of a section.

To establish the order of offices and to standardize the appearance of candidate names on the paper ballots in a primary or general election.

A. "Judicial offices in partisan contest" means the non-retention, partisan election of supreme court justice and judge of the court of appeals as well as district court judges (13 districts), magistrate court judges and metropolitan court judges. B. "Non-judicial state offices t…

A. The ballot used in the primary and general elections shall contain, when applicable, the offices to be voted on in the following order: (1) president and vice president; (2) United States senator; (3) United States representative; B. Non-judicial state offices, when applicable…

A candidate's name appearing on the ballot shall be printed as it appears on the candidate's certificate of registration, notwithstanding the following: A. The last name printed on the ballot must match the candidate's legal last name. B. Academic, honorific, and elected titles w…

Office of the Secretary of State.

Except as otherwise provided in the Election Code, there shall be one uniform paper ballot.

A. Alternate voting locations are established by the county clerk for early voting and shall meet the standards set out in the Election Code, Sections 1-6-5.6 to 1-6-5.7 NMSA 1978. (1) 90 days prior to the beginning of early voting, the county clerk shall notify the secretary of …

A. Each certified voting tabulator designated for use during an election, shall be programmed, tested for accuracy and used for the tabulation of ballots in accordance the Election Code, Section 1-9-1 to 1-9-22 NMSA 1978. (1) Official tabulator envelopes for each voting tabulator…

A. Ballots shall be tabulated for the reporting of votes pursuant to the Election Code, Section 1-12-70 NMSA 1978. (1) Early voted ballots, not by mail, cast on a voting tabulator shall be counted separately from mailed ballots in accordance with the Election Code and recorded in…

A. An absent voter election board shall be created for the purpose of determining voter eligibility, counting and tabulating mailed and early voted ballots cast. The board shall be comprised of election board members in accordance with the Election Code, Section 1-2-12 NMSA 1978 …

A. Within one day of receipt of a mailed ballot, the county clerk shall remove the privacy flap to verify that the voter signed the outer envelope and to confirm that the last four digits of the social security number provided by the voter matches the information on the voter's c…

A. Paper ballots cast in a voting tabulator for early voting shall remain in the custody of the election board assigned to the alternate voting location or mobile alternate voting location in either the ballot holding bin of the voting tabulator, or if deemed necessary, in a lock…

A. No sooner than one day, nor later than one hour before the first day of voting at the alternate voting location or mobile alternate voting location, the county clerk shall provide the presiding judge pre-printed paper ballots, in a locked box with two padlocks or numbered seal…

A. Upon written request from an Indian nation, tribe or pueblo, the secretary of state may designate a government or official building for the delivery of mailed ballots or for use on voter registrations for members of that Indian nation, tribe or pueblo. The written request must…

This rule applies to any election covered under the Election Code, Section 1-1-19, NMSA 1978 and the Special Election Act, NMSA 1978.

Election Code, Section 1-2-1; Section 1-6-5.6; Section 1-6-16.1; Section 1-9-7.1; and Section 1-21A-8 NMSA 1978.

Permanent.

April 24, 2018 unless a later date is cited at the end of a section.

The objective of this rule is to establish procedures for protecting the integrity, security and secrecy of the absentee ballot, to establish procedures for establishing mobile alternate voting locations in rural areas of the state, to establish procedures for electronic ballot d…

A. "Absentee" means the ability of the voter to receive, mark and return a ballot at a place and time other than a polling location on the day of the election. B. "Absentee ballot register" means a listing kept by the county clerk for each election with the information specified …

A. An application for a mailed ballot shall be made on the official form prescribed by the secretary of state, either on paper with an original signature or through the official electronic mailed ballot application portal. The form may not be altered, to include the pre-populatio…

A. A voter shall have the right to vote by absentee ballot for all candidate contests and ballot questions as if the voter were casting the ballot in person at their election day polling place. Absentee voting is provided as follows: (1) By mail - by completing and signing an app…

Office of the Secretary of State

A. Registration. (1) Prior to receiving or making any contribution or expenditure for a political purpose. All political committees shall complete a political committee registration form/statement of organization online via the registration process in CFIS and submit the complete…

A. A person reporting an independent expenditure that is not otherwise required to register as a political committee or report under the Campaign Reporting Act shall complete the online registration process in CFIS for setting up an account as an independent expenditure filer. B.…

A. Candidate campaign committees. (1) All campaign committees shall file reports according to the schedule set forth in Section 1-19-29 NMSA 1978. Reports shall be accepted until midnight mountain time on the date of filing without penalty. In the event that a filing deadline fal…

A. All candidates are required to register and file reports in CFIS according to the reporting schedule outlined in the Campaign Reporting Act once a declaration of candidacy has been filed, even if the candidate does not raise or spend any funds. Candidates who have collected no…

A. Certain candidates must report in CFIS contributions and pledges to contribute that are received beginning the Thursday before an election through the election in CFIS using supplemental reports in accordance with Paragraph (5) of Subsection B of Section 1-19-29 NMSA 1978. B. …

A. If a reporting individual or person required to file a report pursuant to Section 1-19-27.3 NMSA 1978 fails to timely file a report in CFIS, or fails to file a report, a written notice will be sent by the secretary of state to the reporting individual or person required to fil…

A. All loans made to a candidate or committee, including loans sourced from a candidate's own personal funds must be reported. B. Contribution limits apply to loans, unless the loan is sourced from the candidate's own personal funds in accordance with Subsection H of Section 1-19…

A. Campaign debts may not exceed available campaign funds unless the debt is a loan. Loans from a third party must conform to contribution limits. B. Following the date of the primary or general election, if a candidate has outstanding debts after expending all available campaign…

A. In-kind contributions must be reported with the actual value of the contribution. If an actual value is not available, an estimated value of the contribution may be used. B. Coordinated expenditures are treated as in-kind contributions and must be reported as such. C. If a com…

A. Volunteer work performed for a candidate or committee is not considered a contribution. An individual may volunteer his or her own personal services to a campaign or candidate if the services are not compensated by the candidate, campaign or any other person. If a third party …

This rule applies to all persons, candidates and committees covered by the Campaign Reporting Act, Sections 1-19-25 through 1-19-37 NMSA 1978.

A. The entire amount paid by a donor to attend a political fundraiser or other political event or to purchase a fundraising item sold by a candidate is a contribution and counts against the donor's limit for political contributions, except for special events pursuant to Subsectio…

A. Excessive or prohibited contributions shall be returned to the donor upon receipt, without penalty to the reporting individual. However, if the secretary of state discovers a discrepancy or otherwise makes a finding that an excessive or illegal contribution has been received b…

A. A contribution is "made" by the contributor when the contributor relinquishes control over it. If the contributor hand delivers a contribution, the contribution is made on the delivery date. If mailed, a contribution is made on the date of the postmark. An in-kind contribution…

A. It is unlawful for a person to make a contribution in the name of another person and no reporting entity shall knowingly accept a contribution from one person in the name of another person. B. A reporting individual shall not knowingly accept a contribution which was earmarked…

A. Candidates who use the candidate's own personal funds for expenditures of the campaign committee must report the funds as either contributions to the campaign committee, which cannot be repaid to the candidate, or as loans to the campaign committee, which can be repaid from ot…

A. Donations to charity from campaign funds permitted under Paragraph (4) of Subsection A of Section 1-19-29.1 NMSA 1978 may be paid only to organizations recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986. B. The candidate or committee making a…