Chapter 1 — Chapter 1
822 sections in this chapter.
NMSA 1978, § 1-8-7 Vacancy on general election ballot; death of candidate or
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resignation or death of office holder before primary. A. Vacancies on the general election ballot may be filled as provided in Subsection B of this section if after a primary election there is no nominee of a major political party for a public office to be filled in the general e…
NMSA 1978, § 1-8-8 Vacancy on general election ballot; occurring after primary
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A. If after a primary election, but ninety or more days before the general election, a vacancy occurs, for any cause, in the list of the nominees of a qualified political party for any public office to be filled in the general election, or a vacancy occurs because of the resignat…
NMSA 1978, § 1-8-9 Repealed
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History: 1953 Comp., § 3-8-8.1, enacted by Laws 1975, ch. 255, § 104; 2007, ch. 274, § 1; 2011, ch. 137, § 52; 2017, ch. 101, § 9; repealed by Laws 2019, ch. 212, § 284.
NMSA 1978, § 1-9-1 Secretary of state; duties; voting system defined
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A. The secretary of state shall study, examine and certify all voting systems used in elections for public office in New Mexico. The secretary of state shall maintain a current list of certified voting systems and copies of filed testing and evaluation reports accessible by the p…
NMSA 1978, § 1-9-10 Repealed
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ANNOTATIONS Repeals. — Laws 2001, ch. 233, § 16 repealed 1-9-10 NMSA 1978, as enacted by Laws 1969, ch. 240, § 193, relating to lever machine disposition, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com.
NMSA 1978, § 1-9-11 Repealed
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ANNOTATIONS Repeals. — Laws 1991, ch. 106, § 12 repealed 1-9-11 NMSA 1978 as enacted by Laws 1972, ch. 28, § 1, relating to lever voting machine revolving fund, effective April 2, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.
NMSA 1978, § 1-9-12 Care and custody of removable storage media devices;
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responsibility for transportation of voting systems; responsibility for security and programming; charge for such transportation or programming. A. The county clerk shall be responsible for transporting all voting systems to and from polling places. B. The county clerk shall have…
NMSA 1978, § 1-9-13 Voting system technicians
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A. Voting system technicians shall be trained and certified by the secretary of state as to their adequacy of training and expertise on voting systems certified for use in the state. B. The secretary of state shall train and recertify voting system technicians prior to each prima…
NMSA 1978, § 1-9-14 Voting systems; authority of the secretary of state to test;
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certification. A. The secretary of state shall provide for the testing and evaluation of voting systems designed for the purpose of recording and tabulating votes within polling places in New Mexico. All voting systems certified for use in the state shall be tested by an independ…
NMSA 1978, § 1-9-15 Repealed
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History: 1953 Comp., § 1-9-15, enacted by Laws 1985, ch. 207, § 14; 1989, ch. 297, § 2; 1991, ch. 106, § 8; 2001, ch. 233, § 10; 2003, ch. 356, § 25; repealed by Laws 2010, ch. 28, § 22.
NMSA 1978, § 1-9-16 Repealed
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History: 1978 Comp., § 1-9-16, enacted by Laws 1985, ch. 207, § 15; 1989, ch. 297, § 3; 1991, ch. 106, § 9; 2001, ch. 233, § 11; 2003, ch. 356, § 26; repealed by Laws 2010, ch. 28, § 22.
NMSA 1978, § 1-9-17 Additional voting systems; state board of finance; lease-purchase
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contract; terms. A. The state board of finance shall execute a lease-purchase contract with the county for purchase of additional voting systems and the necessary support equipment upon receipt of the application of the board of county commissioners pursuant to Section 1-9-7 NMSA…
NMSA 1978, § 1-9-17.1 Voting systems; renegotiation of lease-purchase contract;
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disposition of voting systems. A. A lease-purchase contract for a voting system entered into between the state board of finance and a county pursuant to Section 1-9-17 NMSA 1978, after a renegotiation pursuant to Paragraph (5) of Subsection B of that section, may include provisio…
NMSA 1978, § 1-9-18 Electronic voting systems; method of payment by counties
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A. The department of finance and administration and the board of county commissioners shall budget annually for as many years as may be necessary from county funds in each county acquiring electronic voting systems and support equipment an amount sufficient to enable the county t…
NMSA 1978, § 1-9-19 Voting system revolving fund
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A. The "voting system revolving fund" is created. The voting system revolving fund may be used: (1) by the secretary of state to pay for hardware, software, firmware, maintenance and support for voting systems, whether state- or county-owned, certified for use in state elections;…
NMSA 1978, § 1-9-2 Repealed
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History: 1953 Comp., § 3-9-3, enacted by Laws 1969, ch. 240, § 185; 1976 (S.S.), ch. 5, § 2; 2001, ch. 233, § 2; 2003, ch. 356, § 23; repealed by Laws 2010, ch. 28, § 22.
NMSA 1978, § 1-9-20 Systems designed to print ballots at polling locations; ballot
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preparation requirements. Systems designed to print ballots at polling locations shall provide the general capabilities for ballot preparation and shall be capable of: A. enabling the automatic formatting of ballots in accordance with the requirements of the Election Code, as ame…
NMSA 1978, § 1-9-21 Systems designed to print ballots at polling locations; security
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requirements. Systems designed to print ballots at polling locations shall provide the security capabilities for ballot preparation and shall be capable of: A. providing a full audit trail of individual voter activity; B. providing full ballot production audit logs for all activi…
NMSA 1978, § 1-9-22 Systems designed to print ballots at polling locations; hardware,
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software and usability requirements. Systems designed to print ballots at polling locations shall: A. provide hardware requirements that: (1) shall be networkable and scalable for multi-user environments; (2) function without degradation in capabilities after transit to and from …
NMSA 1978, § 1-9-3 Repealed
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ANNOTATIONS Repeals. — Laws 2001, ch. 233, § 16 repealed 1-9-3 NMSA 1978, as enacted by Laws 1969, ch. 240, § 186, relating to compensation for mechanical experts, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com.
NMSA 1978, § 1-9-4 Repealed
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ANNOTATIONS Repeals. — Laws 2001, ch. 233, § 16 repealed 1-9-4 NMSA 1978, as enacted by Laws 1969, ch. 240, § 187, relating to the specifications of lever-type voting machines, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com.
NMSA 1978, § 1-9-4.1 Repealed
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History: Laws 2001, ch. 233, § 15; 2003, ch. 356, § 24; repealed by Laws 2010, ch. 28, § 22.
NMSA 1978, § 1-9-4.2 Recompiled
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History: Laws 2003, ch. 356, § 9; 2005, ch. 270, § 58; 2007, ch. 337, § 11; recompiled as § 1-1- 5.2 by Laws 2010, ch. 28, § 21.
NMSA 1978, § 1-9-5 Requirement to use voting systems; sufficient check-in stations
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and voting booths. A. Certified voting systems shall be used in all polling locations in all statewide elections. B. The secretary of state shall provide to the county clerk of each county at least one optical scan tabulator for use in each polling location in the general and pri…
NMSA 1978, § 1-9-6 Voting systems; use in other elections
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A. The county clerk may provide for the use of voting systems in other elections or for educational purposes; provided, however, that the county clerk shall make available: (1) to the school district for use in the school district election, a sufficient number of voting systems n…
NMSA 1978, § 1-9-7 Voting systems; acquisition
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A. The secretary of state shall provide to the county clerk of each county a sufficient number of voting systems as required by the Election Code for the conduct of primary and general elections. B. When authorized by the state board of finance, the board of county commissioners …
NMSA 1978, § 1-9-7.1 Voting system; use of paper ballot; access for blind or visually
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impaired voters. A. All voting systems used in elections covered by the Election Code shall use a paper ballot on which the voter physically or electronically marks the voter's choices on the ballot itself. B. The secretary of state shall purchase the paper ballots for all counti…
NMSA 1978, § 1-9-7.10 Voting systems; ballot handling and processing requirements
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Voting systems certified for use in state elections shall: A. accept a ballot that is a minimum of six inches wide and a maximum of twenty-two inches long, in dual columns and printed on both sides; B. accept a ballot in any orientation when inserted by a voter; C. have the capab…
NMSA 1978, § 1-9-7.11 Voting systems; source code; escrow
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As a condition of initial certification and continued certification, the source code that operates a voting system shall be placed in escrow and be accessible to the state of New Mexico in the event the manufacturer ceases to do business or ceases to support the voting system. Hi…
NMSA 1978, § 1-9-7.2 Voting systems; testing of previously certified systems
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The secretary of state may voluntarily test and certify voting systems without an application by the manufacturer if the system has been previously certified by the United States election assistance commission. Tests and inspections conducted pursuant to this section shall follow…
NMSA 1978, § 1-9-7.3 Voting systems records
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For each certified voting system purchased in 2006 and after, including any separate component, the secretary of state shall maintain records of the voting system and any component, including: A. a description of each voting system and any of its components; B. its serial number …
NMSA 1978, § 1-9-7.4 Voting systems; authority of the secretary of state to recertify and
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decertify. A. Each voting system certified for use in the state shall be reviewed for recertification by the secretary of state during the year following a presidential election. Tests and inspections conducted pursuant to this section shall begin no later than June 1 and shall f…
NMSA 1978, § 1-9-7.5 Voting systems; voting system certification committee; members
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A. The "voting system certification committee" is created. The committee shall review written test reports and the findings of the secretary of state on the certification, recertification and decertification of voting systems for use in elections in the state. B. The voting syste…
NMSA 1978, § 1-9-7.6 Voting systems; storage; custody and maintenance; authority to
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enforce. A. The secretary of state shall prescribe by rule promulgated pursuant to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] specifications for the proper storage of voting systems. B. Voting systems shall be held in the custody of the county that us…
NMSA 1978, § 1-9-7.7 Voting systems; technical requirements
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Voting systems certified for use in state elections shall: A. have a unique embedded internal serial number for audit purposes; B. be supplied with a dust- and moisture-proof cover for transportation and storage purposes; C. if the net weight of the system, or aggregate of voting…
NMSA 1978, § 1-9-7.8 Voting systems; operational requirements
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Voting systems certified for use in state elections shall: A. have internal application software that is specifically designed and engineered for the election application; B. include comprehensive diagnostics designed to ensure that failures do not go undetected; C. have a real-t…
NMSA 1978, § 1-9-7.9 Voting systems; memory; removable storage media device;
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requirements. Voting systems certified for use in state elections shall: A. be programmable with removable storage media devices; B. contain ballot control information, summary vote totals, maintenance logs and operator logs on the removable storage media device; C. ensure that t…
NMSA 1978, § 1-9-8 Repealed
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History: 1953 Comp., § 3-9-9, enacted by Laws 1969, ch. 240, § 191; 1972, ch. 28, § 3; 1975, ch. 255, § 117; 2001, ch. 233, § 6; repealed by Laws 2010, ch. 28, § 22.
NMSA 1978, § 1-9-9 Repealed
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ANNOTATIONS Repeals. — Laws 1992, ch. 59, § 2 repealed 1-9-9 NMSA 1978, as enacted by Laws 1969, ch. 240, § 192, relating to method of payment by counties, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com.
NMSA 1978, § 1-10-1 Ballot
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As used in the Election Code [Chapter 1 NMSA 1978]: A. "ballot" means a system for arranging and designating for the voter the names of candidates, constitutional amendments and other questions to be voted on and for the marking, casting or otherwise recording of such votes, and …
NMSA 1978, § 1-10-10 Ballots; sample
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A. The county clerk shall make available in both English and Spanish a number of sample ballots in a quantity and in a printed or electronic format as prescribed by the secretary of state. B. The sample ballots shall be the same in all respects as the official ballots, except tha…
NMSA 1978, § 1-10-11 Sample ballots; penalty
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The county clerk shall provide at least four sample ballots for use in each precinct. Two of the sample ballots shall be displayed for public inspection on the outside of the polling place and two on the inside. The sample ballots shall be displayed throughout election day. It is…
NMSA 1978, § 1-10-12 Paper ballots; general requirements
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Paper ballots shall: A. be numbered consecutively; B. be uniform in size; C. be printed on good quality white paper; D. be printed in plain black type; E. have the precinct numbers printed on each paper ballot; and F. be in the form prescribed by the secretary of state. History: …
NMSA 1978, § 1-10-13 Ballots; write-in candidates
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When a write-in candidate has been qualified by the proper filing officer pursuant to the Election Code: A. a space for entering the name of the write-in candidate shall be clearly designated by the use of the heading "Declared Write-in Candidate" after the listing of other candi…
NMSA 1978, § 1-10-14 Paper ballots; election supplies
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The secretary of state shall provide for the procurement of paper ballot election supplies. History: 1953 Comp., § 3-12-83, enacted by Laws 1977, ch. 222, § 52; § 1-12-49 NMSA 1978, recompiled and amended as § 1-10-14 NMSA 1978 by Laws 2009, ch. 150, § 12.
NMSA 1978, § 1-10-2 Ballots; duty to provide
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The county clerk shall prepare and supply the ballots used in elections conducted under the Election Code [Chapter 1 NMSA 1978]. The secretary of state may assist in preparing and supplying ballots. Ballots other than those prepared by the county clerk or secretary of state shall…
NMSA 1978, § 1-10-2.1 Repealed
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History: 1978 Comp., § 1-10-2.1, enacted by Laws 1991, ch. 105, § 16; repealed by Laws 2011, ch. 137, § 110.
NMSA 1978, § 1-10-3 Ballots; uniformity
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A. Ballots shall be uniform throughout the state and compatible with the type of voting machine used in the county. B. The secretary of state shall determine in each election, where applicable, the position of the parties, constitutional amendments, questions and the names of nom…
NMSA 1978, § 1-10-4 Ballots; preparation
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A. In a primary election, not less than sixty days before the election, each county clerk shall group each candidate who has been qualified by a proper filing officer and a space for any offices with a declared write-in candidate, separated by political party and certify in writi…
NMSA 1978, § 1-10-5 Ballots; printing
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The county clerk shall have access to sufficient ballots to send to federal qualified electors no later than the last business day before the forty-fifth day prior to an election. All other pre- printed ballots shall be in the possession of the county clerk at least forty days be…