New Mexico Administrative Code

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…

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; Section 1-6-16; Section 1-6-16.1; 1-12-25.2; Section 1-12-25.3; Section 1-12-25.4; 1-12-27.1 NMSA 1978 and Public Law 107-252, The Help America Vote Act of 2002.

Permanent.

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

The Help America Vote Act, PL 107-252, effective October 29, 2002, requires the casting of a provisional ballot in the following circumstances; a voter whose name does not appear on the roster at the polling place, on the county voter file, or a new voter who has not provided the…

A. "Adjudicate" means a decision made by a precinct board, in accordance with the Election Code, of a ballot signifying a voter's intent to mark their selection for a candidate contest or ballot question. B. "Alternate voting location" means a location outside the office of the c…

A. A person offering to vote shall be allowed to vote on a provisional ballot in accordance with the Election Code. B. When issuing a provisional ballot, the precinct board shall ensure the following: (1) a provisional voter places the ballot in the inner envelope and provisional…

A. The county clerk is charged with, and authorized to, determine the qualification of provisional ballots issued for the election, and must notify provisional voters of the qualification determination and count and record qualified provisional ballots. (1) The provisional ballot…

Office of the Secretary of State, 325 Don Gaspar, Suite 300, Santa Fe, New Mexico, 87503.

This section applies to rechecks and recounts conducted pursuant to Sections 1-14-14 and 1-14-24 NMSA 1978, and recounts resulting from audits performed under Section 1-14-13.2 NMSA 1978. The recheck and recount procedures in this section shall be used in conjunction with the pro…

A. An election contest shall be conducted pursuant to the provisions of the Election Code under Sections 1-14-1 et seq. NMSA 1978. B. In any election contest the court may order the re-tallying of ballots. The county clerk shall provide tally sheets for the purpose of the contest…

This rule applies to recounts, rechecks, audits, and contests conducted pursuant to Sections 1-14-1 et seq. NMSA 1978.

Election Code, Sections 1-2-1, and 1-14-1 et seq. NMSA 1978.

Permanent.

October 2, 2008, unless a later date is cited at the end of a section.

The purposes of this rule is to provide procedures for conducting audits, contests, rechecks, and recounts pursuant to Sections 1-14-1 et seq. NMSA 1978.

A. "Absentee ballot" means a method of voting by mail, accomplished by a voter who is absent from the voter's polling place on election day. "Absentee ballot" has the same definition under the Absent Voter Act as a mailed ballot. B. "Absentee provisional ballot" means the paper b…

A. Public notice. In addition to the notice required to be provided by Section 1-14-16 NMSA 1978 for rechecks and recounts, at least three (3) days prior to an audit, voting system check, recount or recheck, the county clerk shall post, in at least one conspicuous place in the co…

This section applies to voting system checks for all federal offices, for governor, and for the statewide elective office other than the office of the governor for which the winning candidate won by the smallest percentage margin of all candidates for statewide office in New Mexi…

Office of the Secretary of State

A. Before any referendum petition is circulated for signatures, the sponsors shall submit the original draft thereof to the secretary of state to determine if it meets the requirements of law for referendum petitions pursuant to Section 1-17-1, Section 1-17-2, Section 1-17-5, Sec…

This rule applies to any referendum petition submitted or filed with the office of the secretary of state pursuant to Article IV, Section 1 of the Constitution of New Mexico and pursuant to the provisions of Section 1-17-1 through 1-17-14, NMSA 1978.

Subsection B of Section 1-2-1 NMSA 1978 and Article 17 of the Election Code.

Permanent

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

The objective of this rule is to establish administrative procedures for the review of submitted draft referendum petitions prior to circulation and to establish administrative procedures for the review of signatures on completed referendum petitions.

A. "Certified list" means the alphabetized listing of registered voters of a county that is under the signature and seal of the secretary of state. B. "Designated agent" means the sole individual authorized by the referendum sponsors to act on behalf of sponsors. C. "Fictitious, …

A. Only the designated agent shall file the petition on behalf of the sponsors. B. A completed referendum petition filed pursuant to Section 1-17-10 NMSA 1978, shall not be withdrawn nor added to at the time of initial filing, but may be later amended subject to the provisions of…

A. The secretary of state shall examine each page of the petition to determine the validity of signatures consistent with the requirements of Article 17 of the Election Code. B. Fictitious, forged or otherwise clouded signatures shall be deleted from the petition consistent with …

Office of the Secretary of State

A. The secretary of state may designate county clerks as agents in the registration of voter registration organizations and third-party registration agents. The secretary of state shall provide all prescribed forms to county clerks, along with directions for their completion and …

A. A person will be found guilty of a petty misdemeanor for violation of Section 1-4-49 NMSA 1978only if the violation was intentional. B. A person will be subject to civil penalties for violation of Section 1-4-49 NMSA 1978only if the violation was intentional or if the person h…

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

Election Code, Section 1-2-1 NMSA 1978; Chapter 270, Laws 2005. The issuing authority shall issue rules to ensure the integrity of the registration process and require that organizations account for all voter registration forms used by their registration agents.

Permanent.

August 15, 2005 unless a later date is cited at the end of a section.

The Election Code (Chapter 1, Article 4) was amended by Chapter 270, Laws 2005. The purpose of the amendment is to define and regulate third-party voter registration agents and to set forth procedures, provide for reports and set penalties for violations.

A. "Voter registration organization" means one or more persons organized as a group that are engaged in voter registration activities and includes, but is not limited to, political parties, candidate committees, political action committees, political advertising campaigns, campai…

A. All voter registration organizations shall register with the secretary of state or a county clerk, prior to the provision of substantive assistance to a registrant, on a prescribed form that will be made available on the internet on the secretary of state's website and at coun…

A. Prescribed form for voter registration organizations. (1) Name of voter registration organization. (2) Permanent or temporary address, if any, of the voter registration organization. (3) Telephone number of the voter registration organization. (4) Names of the officers of the …