New Mexico Administrative Code

The purpose of this rule is to provide uniform guidelines on how state and local ballot questions are to appear on a ballot.

A. "Ballot question" means a question submitted to the voters of the state or a local government on a ballot pursuant to the provisions of the Election Code and does not include a candidate nomination, election contest or nonpartisan judicial retention election. B. "Form of ballo…

A. The form of ballot question shall be stated as a question that seeks permission of the voters to accomplish an act with a legal consequence. The form of the ballot question shall contain such information necessary to give a reasonably prudent voter notice of the act proposed t…

Ballot questions shall be printed on the ballot in the order provided in Subsection D of Section 1-10-8 NMSA 1978.

Office of the Secretary of State

A. If the complainant requests a hearing and the bureau does not dismiss the complaint, the bureau will appoint a hearing officer to conduct a hearing on-the-record. B. If the complainant did not request a hearing and the bureau does not dismiss the complaint, the bureau shall ma…

A. The hearing officer shall make a final determination regarding the complaint within ninety (90) days after the complaint has been filed with the bureau unless the complainant agrees in writing to extend the deadline. B. If a party, agency or hearing officer would like to exten…

These procedures do not grant a statutory right of review.

This rule applies to any statewide special election, general election, primary election, county-wide election or election to fill vacancies in the office of United States representative and regular or special school district elections as modified by the School Election Law (Secti…

Election Code, Section 1-2-1 NMSA 1978, Section 1-2-2.1 NMSA 1978, Public Law 107-252, The Help America Vote Act of 2002. The issuing authority shall adopt rules for an administrative procedure for hearing complaints on violations of Title III of the Help America Vote Act of 2002…

Permanent

March 15, 2004 unless a later date is cited at the end of a section.

The Election Code (Section 1-1-1 through 1-24-4 NMSA 1978) was amended by Chapter 356, Laws 2003. The purpose of the amendment is compliance with the provisions of PL 107-252, effective October 29, 2002, which requires New Mexico to establish a state-based administrative complain…

Unless otherwise defined below, the terms used in these procedures share the same definitions and meanings as the HAVA Act. A. "Administrative procedures" means the procedures stated in this rule. These procedures will be available in alternative languages and formats. B. "Bureau…

A. Any person who believes a HAVA Title III violation has occurred, is occurring, or is about to occur may file a written complaint, on the bureau's complaint form, that states the name of the alleged violator and a specific description of the alleged HAVA Title III violation. B.…

A. The bureau shall aspire to complete an initial investigation within thirty (30) days of the bureau's receipt of the complaint. If the complaint is made against the bureau, a representative of the district attorney shall aspire to complete an initial investigation within the sa…

Office of the Secretary of State

A. Video recordings shall operate during the start of absentee voting through election day for all elections conducted under the election code. B. Video recordings shall be maintained as a record related to voting pursuant to the provisions of Section 1-12-69 NMSA 1978, except th…

Prior to every election, county clerks shall conduct the following preparations to ensure secured containers are available: A. Provide notice to voters pursuant to Paragraph (1) of Subsection E of Section 1-6-9 NMSA 1978; B. Recruit, hire, and train additional staff members to mo…

A. A temporary ballot drop box shall be under the direct supervision of county clerk staff or election board member. B. When not in use, a temporary ballot drop box shall be placed in an area that is inaccessible to the public and otherwise secured and safeguarded. C. A temporary…

A. Pursuant to Paragraph (5) of Subsection E of Section 1-6-9 NMSA 1978, the county clerk, deputy county clerk, election board member or an appointed messenger shall collect the ballots from a secured container. One or more deputy county clerks may be hired by the county clerk on…

A. County clerks may request reimbursement from the secretary of state for purchasing approved containers and supplies related to maintaining permanent and temporary ballot drop boxes. B. Requests for reimbursement made to the secretary of state are required to be submitted in a …

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

This rule is authorized by Section 1-2-1 and Section 1-6-9 NMSA 1978.

Permanent.

August 24, 2021, unless a later date is cited at the end of a section.

The objective of this rule is to provide clear guidance and uniform standards in the application, operation, and interpretation of the law related to secured containers and mailed ballot delivery as prescribed by Section 1-6-9 NMSA 1978.

A. "Permanent ballot drop box" means the same thing as "secured container," and the terms may be used synonymously. B. "Secured container" means a permanent and secure receptacle, that meets the requirements of Subsection E of Section 1-6-9 NMSA 1978, and is established by the co…

A. To meet the requirement of Subsection E of Section 1-6-9 NMSA 1978, which provides that all voters have the option to use a secured container to return official mailing envelopes, county clerks shall provide one ballot box per 25,000 registered voters in the county with a mini…

A. A county clerk shall request approval from the secretary of state prior to installation of a secured container to ensure it meets minimum security requirements. The secretary of state shall respond to such requests within 14 days. B. A secured container shall be permanently bo…

New Mexico Secretary of State.

A. The electronic voting machine shall be a "vote tabulator" voting machine which has been submitted testing and tested pursuant to Section 1-9-14 NMSA 1978. B. The electronic voting machine shall be a computer (microprocessor) controlled direct electronic tabulation system. C. T…

The Secretary of State hereby approves the "recording and tabulating" machine which meets the standards contained in Paragraph G above [now 1.10.20.9 NMAC] above for use in elections for public office in New Mexico at polling places where the voter votes in person on the voting m…

The Secretary of State hereby approves the "vote tabulator" voting machine which meets the standards contained in Paragraph H [now 1.10.20.10 NMAC] above for use to count absentee ballots or emergency paper ballots. This type of equipment is not approved for use for voting in per…

The Secretary of State hereby approves and continues the prior approval of the AVM fully mechanical, fifty column, print-a-matic, lever type machines for use in all elections for public office in New Mexico during a transition period.

There are no exceptions to this rule.

This rule applies to all state agencies, county and local government divisions that are subject to the New Mexico Election Code using voting machines in elections for public office in New Mexico. This is a new rule.

A. First, Section 1-9-1 NMSA 1978 directs the Secretary of State to study, examine, and approve all voting machines used in elections for public office in New Mexico. B. Second, Section 1-9-14 NMSA 1978 directs the Secretary of State to (1) test and evaluate internal computers de…

[Permanent.]

[May 8, 1984, filed May 9, 1984, unless a later date is cited at the end of a section.]

The objective of this rule is to adopt standards for voting machines to be used in elections for public office in New Mexico.

A. "Recording and tabulating" equipment means a type of voting machine which is a single unit designed to permit a voter to "enter" the privacy booth of a voting machine and both cast his ballot on the machine and record the ballot as cast by the voter. B. "Vote tabulating" equip…

Pursuant to the requirements contained in Section 1-9-14 NMSA 1978, the Secretary of State contemporaneously with the filing of this Regulation for the "Adoption of Voting Equipment Standards" has submitted a "Report on Testing and Analysis of Electronic Voting Equipment and Adop…

A. The electronic voting machine shall be a "recording and tabulating" voting machine which has been submitted for testing and tested pursuant to Section 1-9-14 NMSA 1978. B. The electronic voting machine shall be a computer (microprocessor) controlled direct electronic tabulatio…

State Board of Finance, 181 Bataan Memorial Building, Santa Fe, NM

All voting systems and necessary support equipment purchased for use in elections for public office in New Mexico.

A. Section 1-9-5(B) NMSA 1978 provides that the secretary of state shall provide to the county clerk of each county at least one voting system for use in each polling location in the general and primary elections. B. Section 1-9-7 NMSA 1978 provides: (1) The secretary of state sh…

Permanent.

August 31, 2000, unless a later date is cited at the end of a section.

This rule governs all acquisitions of voting systems that are in addition to the number of voting systems required by the Election Code for the conduct of primary and general elections by counties and sets forth the procedures that must be followed in such acquisitions.