New Mexico Administrative Code

Office of the Secretary of State

A. Once the certification for candidates for the primary election has been completed, the secretary of state shall calculate the total amount of money to be distributed in the primary election cycle based on the number of certified candidates and allocations specified in 1.10.27.…

A. The legislature has set up the public election fund pursuant to Section 1-19A-10 NMSA 1978 governing the collection of revenues to provide for the fund. B. A certified candidate shall return to the fund unspent fund revenues and any other relevant funds pursuant to Subsection …

A. Pursuant to Subsection I of Section 1-19A-2 NMSA 1978, qualifying contributions may be accepted by the candidate via an electronic form of payment. The following kinds of electronic transactions may be accepted by the candidate: debit and credit card, direct bank to bank trans…

This rule applies to any special statewide election, general election, primary election, countywide election or elections to fill vacancies in the office of United States representative, municipal, special district elections and regular or special school district elections as mod…

Election Code, Section 1-2-1 NMSA 1978; Section 1-19A-1 to 1-19A-17 NMSA 1978.

Permanent.

September 30, 2005 unless a later date is cited at the end of a section.

The secretary of state shall adopt rules to ensure effective administration of the Voter Action Act (Section 1-19A-1 to 1-19A-17 NMSA 1978) pursuant to Section 1-19A-15 NMSA 1978. The rules shall include procedures for qualifications, certification and disbursement of revenues an…

A. "Applicant candidate" means a candidate who is running for a covered office and who is seeking to be a certified candidate in a primary or general election. B. "Certified candidate" means a candidate running for a covered office who chooses to obtain financing pursuant to the …

A. A candidate choosing to obtain financing pursuant to the Voter Action Act shall abide by Section 1-19A-3 NMSA 1978 to become an applicant candidate. B. A candidate choosing to become a certified candidate shall abide by Section 1-19A-4 NMSA 1978 for obtaining qualifying contri…

A. On August 1, of every odd year, the secretary of state shall determine the amount of funds available for distribution pursuant to Section 1-19A-13 NMSA 1978. B. To determine the amount available for a contested primary election, the secretary of state shall follow Subsection B…

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

A. The county clerk shall provide all transportation, setup and maintenance of all voting equipment to be used in a Native American early voting location. B. The secretary of state shall sustain the cost of all ballots, provide adequate voting equipment, and reimburse the equival…

A. Voting materials in Native American languages. County clerks in counties covered under 42 U.S.C. Section 1973aa-1a(b) shall provide all registration and voting notices, forms, instructions, assistance, and other information relating to the electoral process in the language or …

This rule applies to any special statewide election, general election, primary election of 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 (Sections 1-22-1 to 1-22-19…

Election Code, Sections 1-2-1, 1-2-3, 1-6-5.6 and 1-6-5.8 NMSA 1978

Permanent.

October 31, 2008, unless a later date is cited at the end of a section.

The purpose of this rule is to establish procedures for voting on Indian nation, tribe or pueblo lands in New Mexico.

A. Alternate site means an alternate early voting location or mobile alternate voting location that is situated on the land of an Indian nation, tribe or pueblo as provided for in this rule. B. Ballot means a paper ballot card that is tabulated on an optical scan vote tabulating …

Requests for alternate sites shall be made by the Indian nation, tribe or pueblo in writing to the county clerk no later than the first Monday in November of each odd-numbered year. The request shall specify the location and proposed dates of the requested alternate site.

A. Location of alternate site. An alternate site located on the land of an Indian nation, tribe or pueblo shall conform to the same requirements applicable to other alternate voting locations for early voting in the county, except as specified in Section 1-6-5.8 NMSA 1978 and thi…

Office of the Secretary of State

A. The secretary of state shall maintain training materials regarding compliance with the Financial Disclosure Act and the use of the electronic filing system used to file a FDS on the secretary of state's website. B. If the secretary of state receives an external complaint about…

The rule applies to all persons required to file financial disclosure statements in accordance with the Financial Disclosure Act, Chapter 10, Article 16A NMSA 1978.

This rule is authorized by Section 10-16A-9 NMSA 1978.

Permanent

January 1, 2022, unless a later date is cited at the end of a section.

The objective of the rule is to establish uniform procedures for the filing of financial disclosure statements and clarify undefined terms.

A. "Business interest" means any direct or indirect financial interest or financial obligation of $10,000 or more such as an owner, member, partner, lessor, investor, or shareholder in a business or where the filer is at risk of losing $10,000 or more. B. "Consulting" means givin…

A. The proper filing officer for filing a FDS is the secretary of state. The secretary of state has prescribed the use of an electronic filing system which shall be used by all persons required to file a FDS. Paper form submissions will not be accepted. B. Contact information (Se…

A. A filer shall filed an amended FDS at any time to reflect a significant change in the filer's or filer's spouse's business and financial interests in the current calendar year. B. A person holding a legislative or statewide office shall file a FDS in January of every year by J…

Office of the Secretary of State

This rule applies to any special statewide election, general election, primary election, countywide election or elections to fill vacancies in the office of United States representative.

Election Code, Section 1-2-1 NMSA 1978; Section 1-12-70, NMSA 1978.

Permanent.

October 15, 2010 unless a later date is cited at the end of a section.

The purpose of this rule is to provide procedures to secure the secrecy of the ballot when reporting early and absentee vote totals by precinct pursuant to the constitution of New Mexico, Article VII, Section 1 and Section 1-12-70 NMSA 1978.

A. "Absentee ballot" means a method of voting by ballot, accomplished by a voter who is absent from the voter's polling place on election day. B. "Ballot" means a paper ballot card that is tabulated on an optical scan vote tabulating system or hand tallied. C. "Early voter" means…

A. The secretary of state shall notify the county clerks to report the results on election night as a total vote for each candidate or question by precinct, and not by the method voters have cast their ballots. B. Following completion of the county canvass, the county clerks shal…

Office of the Secretary of State.

A. County clerks and county voting machine technicians shall be responsible for keeping all machines free of dust, adjustment of wheels and screws on the outside of the voting system and performing other maintenance as trained and directed by the secretary of state. B. County cle…

This rule applies to all counties in New Mexico using state or county-owned voting systems in the conduct of elections held pursuant to the provisions of the New Mexico Election Code (Chapter 1, Articles 1 through 24, NMSA 1978.

Election Code, Section 1-2-1 NMSA 1978; Section 1-9-7.6, NMSA 1978.

Permanent.

October 1, 2011 unless a later date is cited at the end of a section.

The purpose of this rule is to provide specifications for the storage, custody and maintenance of voting systems used by New Mexico counties.

A. "Adequate security" means security commensurate with the risk and the magnitude of harm resulting from the loss, misuse, unauthorized access to, or modification of, information. B. "Election officials" means a group of people associated with election administration, including …

A. The storage facility used for county storage of voting systems shall employ a sign-in and sign-out sheet to document each individual entering or leaving the facility, to include election officials. B. Unless located in a secure, locked area in the county clerk's office, the st…