New Mexico Administrative Code

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.

A. "Board" means state board of finance. B. "Clerk" means the clerk acting on behalf of a county acquiring or selling a voting system. C. "Fund" means the voting system revolving fund. D. "Lease-purchase contract" means the contract executed between the board and the county for t…

A. The clerk must select voting systems to be acquired in addition to the number required by the Election Code for the conduct of primary and general elections from a list of voting systems certified by the secretary for use in elections for public office in New Mexico. The count…

A. Upon approval by the board to acquire voting systems in addition to the number required by the Election Code for the conduct of primary and general elections, board staff will send the county a lease-purchase contract to be signed by the county commission chairperson. A lease-…

Office of the Secretary of State, 325 Don Gaspar, Suite 300, Santa Fe, New Mexico, 87501.

A. Qualified provisional ballots shall be counted for the reporting of votes by precinct and voting method for each candidate contest or ballot question, as specified in the Election Code, Section 1-12-70 NMSA 1978. Only the votes for those candidate contests or ballot questions …

A. In accordance with Section 1-12-25.2 NMSA 1978, the county clerk shall notify each provisional voter whose provisional ballot was rejected and inform the voter of the right to appeal such rejection and provide information or documentation to cure the reason the ballot was reje…

A. Provisional voters wishing to determine the disposition of their provisional ballot may call the office of the secretary of state 14 days after the election. The secretary of state shall make the agency toll free number available to county clerks for the purpose of determining…