51,436 sections across 3,184 New Mexico regulatory chapters.
R.1.10.7-1.10.7.11 SELECTION OF AUDITOR
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A. At least 90 days prior to each general election, the secretary of state shall select an auditor to create the New Mexico election alphabet for the subsequent election cycle. B. The auditor may be the same auditor contracted by the secretary pursuant to Section 1-14-13.2 NMSA 1…
R.1.10.7-1.10.7.12 INITIAL NEW MEXICO ELECTION ALPHABET
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A. Within 31 days following adoption of this rule, the secretary shall select an auditor to create the initial New Mexico election alphabet. B. The auditor shall publicly create a randomization of the alphabet utilizing a method in which each letter not yet selected has a statist…
R.1.10.7-1.10.7.2 SCOPE
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This rule applies to the printing of names on ballots for all elections conducted pursuant to the Election Code.
R.1.10.7-1.10.7.3 STATUTORY AUTHORITY
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This rule is authorized by Sections 1-8-21.1, 1-10-8.1, and 1-22-3.1 NMSA 1978 of the Election Code.
R.1.10.7-1.10.7.4 DURATION
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Permanent.
R.1.10.7-1.10.7.5 EFFECTIVE DATE
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February 25, 2020, unless a later date is cited at the end of a section.
R.1.10.7-1.10.7.6 OBJECTIVE
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The purpose of this rule is to provide a uniform system of randomization of candidate names for the same office on the ballot in all elections conducted pursuant to the Election Code.
R.1.10.7-1.10.7.7 DEFINITIONS
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A. "Alphabet" means the 26 Roman typeface letters of the standard alphabet used in the United States, without differentiation between upper case and lower case version of each letter. B. "Auditor" means an auditor qualified by the state auditor to audit state agencies. C. "Candid…
R.1.10.7-1.10.7.8 CREATION OF THE NEW MEXICO ELECTION ALPHABET
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A. Between the day of a general election and the last day of that calendar year, the auditor shall publicly create a randomization of the alphabet utilizing a method in which each letter not yet selected has a statistically equal chance of being the next letter selected. B. The s…
R.1.10.7-1.10.7.9 ORDER OF CANDIDATE NAMES
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A. The names of candidates for the same office shall be ordered based upon the first letter in each candidate's last name according to the order of letters in the New Mexico election alphabet. B. When two or more candidates for the same office share the same first letter in each …
R.1.10.8-1.10.8.1 ISSUING AGENCY
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Office of the Secretary of State.
R.1.10.8-1.10.8.10 MAIL REGISTRATION
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The state of New Mexico shall accept and use the mail voter registration application, meeting all federal criteria, for the registration of all voters in elections for federal office. The mail registration application shall also be accepted for notification of change of address.
R.1.10.8-1.10.8.11 DECLINATION FORM
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Each agency that provides public assistance and state-funded programs providing services to the disabled shall provide a "declination" form to applicants which shall read in English and Spanish: A. form B. form in Spanish
R.1.10.8-1.10.8.12 REQUIREMENTS FOR ADMINISTRATION OF VOTER REGISTRATION
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Valid voter registration applications from all participating designated agencies and mail applications shall be accepted by county clerks not later than 28 days prior to the election. Each county clerk shall provide acknowledgement of the disposition of the application to the app…
R.1.10.8-1.10.8.13 CONFIRMATION OF VOTER REGISTRATION
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The program conducted by the state of New Mexico to protect the integrity of the electoral process shall be non-discriminatory and in compliance with the Voting Rights Act of 1965 and shall not result in the removal of any registered voter solely for failure to vote. All voter re…
R.1.10.8-1.10.8.14 FEDERAL COORDINATION AND REGULATIONS
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A mail voter registration application form which shall require only such information as necessary to enable the appropriate county election officials to assess the eligibility of the applicant to register to vote and county and state election officials to administer voter registr…
R.1.10.8-1.10.8.15 DESIGNATION OF CHIEF STATE ELECTION OFFICIAL
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The secretary of state is the chief state election official responsible for coordination of the state's responsibilities under the act.
R.1.10.8-1.10.8.16 PRIVATE RIGHT OF ACTION
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A. A person who is aggrieved by a violation of the National Voter Registration Act may provide written notice of the violation to the office of the secretary of state. The secretary shall initiate an investigation to determine whether a violation occurred. If the secretary of sta…
R.1.10.8-1.10.8.17 CRIMINAL PENALTIES
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A. A person, including a registration officer or registration agent, who knowingly violates any provision of the National Voter Registration Act shall be fined in accordance with title 18 of the United States Code.
R.1.10.8-1.10.8.18 APPENDICES
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A. Motor vehicle division voter registration agent manual APPENDIX A COMPLIANCE GUIDE FOR THE NATIONAL VOTER REGISTRATION ACT MOTOR VEHICLE DIVISION VOTER REGISTRATION AGENT MANUAL OFFICE OF THE SECRETARY OF STATE STEPHANIE GONZALES compiled by the Bureau of Elections December 1,…
R.1.10.8-1.10.8.2 SCOPE
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motor vehicle division, commission for the blind, commission for the deaf and hard of hearing, children youth and families department, health department, human services department, veteran's service commission, vocational rehabilitation division, all county clerk's offices and ce…
R.1.10.8-1.10.8.3 STATUTORY AUTHORITY
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P.L. 103-31 The National Voter Registration Act of 1993 and 1-4-5.2.
R.1.10.8-1.10.8.4 DURATION
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Permanent
R.1.10.8-1.10.8.5 EFFECTIVE DATE
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December 15, 1997 [unless a later date is cited at the end of a section]
R.1.10.8-1.10.8.6 OBJECTIVE
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To provide persons an opportunity to register to vote or make a change to their voter registration when applying for services or assistance at designated state agencies, armed forces recruitment offices or when applying for or renewing driver's license or personal identification …
R.1.10.8-1.10.8.7 DEFINITIONS
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A. "Designated agency" means all offices in the state that provide public assistance, all offices in the state that provide state-funded programs primarily engaged in providing services to persons with disabilities. In addition each state shall designate other offices within the …
R.1.10.8-1.10.8.8 RULES AND REGULATIONS
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A. Each designated state agency shall advise any applicant for services that voter registration may be made simultaneously with an application for services. Voter registration forms shall be supplied by the office of the county clerk in the county where the agency is situated or …
R.1.10.8-1.10.8.9 PROHIBITED ACTIVITIES
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A state employee providing the services specified in this rule is prohibited from: A. seeking to influence the political preference or party registration of a person registering to vote; B. displaying any political preference or party allegiance; C. making any statement to a pers…
R.1.10.9-1.10.9.1 ISSUING AGENCY
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Office of the Secretary of State.
R.1.10.9-1.10.9.2 SCOPE
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This rule applies to any statewide primary election for the New Mexico supreme court or the New Mexico court of appeals.
R.1.10.9-1.10.9.3 STATUTORY AUTHORITY
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Section 1-2-1 NMSA 1978; Section 1-10-8 NMSA 1978.
R.1.10.9-1.10.9.4 DURATION
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Permanent
R.1.10.9-1.10.9.5 EFFECTIVE DATE
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November 23, 2009.
R.1.10.9-1.10.9.6 OBJECTIVE
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To establish the procedure for submission of nominating petitions regarding candidates for positions on the supreme court and court of appeals.
R.1.10.9-1.10.9.7 DEFINITIONS
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"Candidate" or "candidates" means an individual who seeks or considers running for either supreme court justice or court of appeals judge.
R.1.10.9-1.10.9.8 DECLARATION OF CANDIDACY; NOMINATING PETITION; SUPREME COURT OR COURT OF APPEALS
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In making a declaration of candidacy and in seeking nominating petition signatures, all candidates for the supreme court or court of appeals shall designate the specific numeral position, as set forth in 1.10.10 NMAC, on the supreme court or court of appeals for which they seek n…
R.1.11.2-1.11.2.1 ISSUING AGENCY
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State Commission of Public Records - State Records Center and Archives and Department of Information Technology
R.1.11.2-1.11.2.10 MEMORANDUM OF UNDERSTANDING
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A filer shall apply to a participating county clerk to be enrolled in the participating county clerk's electronic filing and recording program. A. The authorized filer and a participating county clerk shall enter into a memorandum of understanding (MOU) relating to the terms and …
R.1.11.2-1.11.2.11 DOCUMENT AND SYSTEM SECURITY REQUIREMENTS
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Security procedures shall be implemented to ensure the authenticity and integrity of the electronically filed instrument, including the ability to verify the identity of the filer, as well as the ability to verify that an instrument has not been altered since it was transmitted o…
R.1.11.2-1.11.2.12 ELECTRONIC TRANSMISSIONS
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A. Instruments shall be transmitted through either a secured website or an electronic recording delivery system. The method of transmission shall be identified in the MOU (1.11.2.10 NMAC) signed by the authorized filer and the county clerk. B. An authorized filer shall visually i…
R.1.11.2-1.11.2.13 ELECTRONIC RECORDING PROCESS REQUIREMENTS
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A. An MOU between a participating county clerk and an authorized filer shall include information required by the participating county clerk in order to provide electronic notice of confirmation or rejection of an electronic filing and subsequent recording, or if such electronic n…
R.1.11.2-1.11.2.14 ELECTRONIC SIGNATURES AND NOTARY ACKNOWLEDGEMENT
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A county clerk that accepts for recording electronically signed and notarized instruments utilizing digital signatures based on PKI encryption technology shall do so in accordance with rules promulgated by the secretary of state. For purposes of efficiency, participating county c…
R.1.11.2-1.11.2.15 DOCUMENT FORMATS
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A. Authorized filers may elect to transmit either a digitized (scanned) electronic document of an original ink signed instrument or an electronic document electronically signed and notarized along with electronic indexing information to the county clerk. B. Digitized (scanned) el…
R.1.11.2-1.11.2.16 DOCUMENT AND INDEXING REQUIREMENTS
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Electronic recording delivery systems implemented by county clerks shall have the capacity at a minimum to process documents that are compatible with indexing requirements established by PRIA for file formatting and indexing. A. The PRIA eRecording XML Standard v2.4.1 is adopted …
R.1.11.2-1.11.2.17 PAYMENT OF FILING FEES
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Payment of recording fees shall be collected by a county clerk as prescribed by statute. The clerk shall provide an electronic or other written receipt to the authorized filer indicating that the payment for the recordation of the electronic instrument has been received and proce…
R.1.11.2-1.11.2.18 PRESERVATION
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Real property records in the custody of the county clerk are permanent records and must be preserved. The preservation of electronic real property records requires consistent and complex management in order to maintain authenticity and integrity. Electronic records are subject to…
R.1.11.2-1.11.2.2 SCOPE
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all county clerks who accept and record real property records electronically.
R.1.11.2-1.11.2.3 STATUTORY AUTHORITY
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Section 14-9A-5 NMSA 1978 of the Uniform Real Property Electronic Recording Act gives the authority to establish standards for the purpose of implementing the Uniform Real Property Electronic Recording Act to the state commission of public records and the department of informatio…
R.1.11.2-1.11.2.4 DURATION
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Permanent
R.1.11.2-1.11.2.5 EFFECTIVE DATE
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September 15, 2008 unless a later date is cited at the end of a section.