reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.5 - Voting systems; voting system certification committee; members.

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 system certification committee shall be composed of:
(1) the secretary of information technology or the secretary's designee from within the department of information technology; and
(2) four additional members as follows:
(a) one member appointed by the president pro tempore of the senate;
(b) one member appointed by the minority floor leader of the senate;
(c) one member appointed by the speaker of the house of representatives; and
(d) one member appointed by the minority floor leader of the house of representatives.
C. The four additional members appointed pursuant to Paragraph (2) of Subsection B of this section shall be county clerks or their chief deputies or other persons knowledgeable of elections in this state. Members shall be appointed for terms of two years beginning on May 1 of each even-numbered year. Vacancies shall be filled by the original appointing authority.
D. The members of the committee shall select a committee member to serve as chair of the committee. No person who is currently or has been within the previous twelve months an employee or contractor of a voting machine vendor or the office of the secretary of state may serve as a member of the committee. Members of the committee are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [Chapter 10, Article 8 NMSA 1978], to be paid out of the funds appropriated to the secretary of state.
E. All meetings of the voting system certification committee shall be open meetings held in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. All reports and other records that are used, created, received, maintained or held by or on behalf of the voting system certification committee shall be open to public inspection pursuant to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978].
History:
Laws 2010, ch. 28, § 3; 2011, ch. 137, § 70.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, in Subsection C, provided that the terms of members begin on May 1 of each even-numbered year; and in Subsection D, provided that per diem and mileage will be paid from funds appropriated to the secretary of state.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.6 - Voting systems; storage; custody and maintenance; authority to 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 uses the voting systems. All voting systems shall be properly stored pursuant to specifications promulgated by the secretary of state. The board of county commissioners shall be responsible for the costs of properly storing voting systems in custody of the county.
C. The secretary of state may pay from the voting system revolving fund the costs of all hardware, software, firmware, maintenance and support for voting systems, whether state- or county-owned, certified for use in state elections.
D. If the secretary of state becomes aware that state- or county-owned voting systems in the custody of a county are not being stored pursuant to specifications promulgated by the secretary of state, the secretary of state may take action as is deemed appropriate to protect the voting equipment. Such action may include requesting a court to order the county to implement the specifications promulgated by the secretary of state or the secretary of state taking immediate physical control of the voting systems until the county has complied with the storage specifications.
History:
Laws 2010, ch. 28, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2010, ch. 28, § 24 contained an emergency clause and was approved March 3, 2010.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.7 - Voting systems; technical requirements.

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 device parts, is over twenty pounds, have self-contained wheels so that the system can be easily rolled by one person on rough pavement and can roll through a standard thirty-inch door frame;
D. be a stand-alone, non-networked election system such that all pre-election, election day and post-election events and activities can be recorded and retained in each device;
E. employ scalable technology allowing easy enhancements that meet United States election assistance commission standards and state law;
F. have ancillary equipment, such as printers, power sources, microprocessors and switch and indicator matrices, that is installed internally or is modular and transportable;
G. display publicly the number of ballots processed;
H. be able to print:
(1) an alphanumeric printout of the contests, candidates and vote totals when the polls are opened so that the poll workers can verify that the counters for each candidate are on zero;
(2) an alphanumeric printout of the contests, candidates and vote totals at the close of the polls, which printouts shall contain the system serial number and public counter total; and
(3) as many copies of the alphanumeric printouts as necessary to satisfy state law; and
I. include a feature to allow reports to be sent to an electronic data file.
History:
Laws 2010, ch. 28, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2010, ch. 28, § 24 contained an emergency clause and was approved March 3, 2010.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.8 - Voting systems; operational requirements.

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-time clock capable of recording and documenting the total time polls are opened; and
D. have a self-contained, internal backup battery that powers all components of the system that are powered by alternating current power; and, in the event of a power outage in the polling place:
(1) the self-contained, internal backup battery power shall engage with no disruption of operation for at least two hours and with no loss of data; and
(2) the system shall maintain all vote totals, public counter totals and the internal clock time in the event that the main power and battery backup power fail.
History:
Laws 2010, ch. 28, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 2010, ch. 28, § 24 contained an emergency clause and was approved March 3, 2010.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.9 - Voting systems; memory; removable storage media device; 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 the votes stored on the removable storage media device accurately represent the actual votes cast;
D. be designed so that no executable code can be launched from random access memory;
E. have any operating system software stored in nonvolatile memory, which shall include internal quality checks such as parity or error detection and correction codes, and which software shall include comprehensive diagnostics to ensure that failures do not go undetected;
F. allow for pre-election testing of the ballot control logic and accuracy, with results stored in the memory that is used on election day, and shall be capable of printing a zero-results printout prior to these tests and a results printout after the test;
G. have internal audit trail capability such that all pre-election, election day and post-election events shall be stored, recorded and recovered in an easy-to-read printed form and be retained within memory that does not require external power for memory retention;
H. possess the capability of remote transmission of election results to a central location only by reading the removable storage media devices once they have been removed from the tabulation device after the poll closing sequence has been completed; and
I. prevent data from being altered or destroyed by report generation or by the transmission of results.
History:
Laws 2010, ch. 28, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 2010, ch. 28, § 24 contained an emergency clause and was approved March 3, 2010.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.10 - Voting systems; ballot handling and processing requirements.

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 capability to reject a ballot on which a voter has made more than the allowable number of selections in any contest;
D. be designed to accommodate the maximum number of ballot styles or ballot variations encountered in the largest New Mexico election jurisdiction;
E. be able to read a single ballot with at least four hundred twenty voting positions; and
F. tabulate as a vote only the human-readable marks in the voter response area of a ballot.
History:
Laws 2010, ch. 28, § 8; 2023, ch. 39, § 56.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, reduced the maximum ballot size that voting systems must accept to be certified, and clarified that only human readable marks shall be tabulated; in Subsection A, after "maximum of", deleted "twenty-four" and added "twenty-two"; and added Subsection F.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-7.11 - Voting systems; source code; escrow.

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.
History:
Laws 2010, ch. 28, § 9.
ANNOTATIONS
Emergency clauses.
— Laws 2010, ch. 28, § 24 contained an emergency clause and was approved March 3, 2010.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-8 - Repealed.

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.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 28, § 22 repealed 1-9-8 NMSA 1978, as enacted by Laws 1969, ch. 240, § 191, relating to lease-purchase contracts for purchase of additional voting systems, effective March 3, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-9 - Repealed.

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
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-10 - Repealed.

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
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-11 - Repealed.

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
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-13 - Voting system technicians.

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 primary election.
C. For purposes of this section, "voting system technician" means any person who is trained and certified to program, inspect, properly store and troubleshoot voting systems.
D. The secretary of state shall adopt rules regulating the scope of training provided to voting system technicians to ensure that voting system warranties are not invalidated and that equipment owned by the state is protected.
History:
1953 Comp., § 3-9-14, enacted by Laws 1975, ch. 255, § 121; 1977, ch. 222, § 23; 1985, ch. 207, § 13; 1987, ch. 249, § 24; 1991, ch. 106, § 6; 2001, ch. 233, § 8; 2010, ch. 28, § 16.
ANNOTATIONS
The 2010 amendment,
effective March 3, 2010, in the catchline, after "technicians", deleted "approval of contracts"; deleted former Subsection A, which provided that the secretary of state shall approve all arrangements between a county and a voting system technician based on the adequacy of the training and expertise of the technician and the reasonableness of the compensation for the services based on the type of election and number of systems used; in Subsection A, after "technicians shall be", added "trained and"; after "and expertise on", deleted "electronic"; and after "voting systems", added "certified for use in the state"; added Subsection B; in Subsection C, after "means any person who", deleted "programs, clears, inspects, repairs electronic" and added "is trained and certified to program, inspect, properly store and troubleshoot"; and at the end of the sentence, deleted "for compensation"; and in Subsection D, after "shall adopt rules", deleted "governing the use, maintenance and repair of electronic voting systems" and added the remainder of the sentence.
The 2001 amendment,
effective June 15, 2001, substituted "voting system" for "voting machine" throughout the section; deleted the provisions that specified compensation amounts for voting system technicians in Subsection A; and deleted "lever voting machines and" preceding "electronic voting systems" in Subsections B, C and D.
The 1991 amendment,
effective April 2, 1991, in Paragraph (2) of Subsection A, inserted "for programming" and "lever-type voting" in the first sentence and added the second and third sentences.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-15 - Repealed.

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.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 28, § 22 repealed 1-9-15 NMSA 1978, as enacted by Laws 1985, ch. 207, § 14, relating to electronic recording and tabulating voting systems, effective March 3, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-16 - Repealed.

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.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 28, § 22 repealed 1-9-16 NMSA 1978, as enacted by Laws 1985, ch. 207, § 15, relating to electronic vote tabulating systems, effective March 3, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-17 - Additional voting systems; state board of finance; lease-purchase 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 1978.
B. The lease-purchase contract shall include, but not be limited to, the following terms:
(1) the county agrees to purchase from the state board of finance the specified number of voting systems and the necessary support equipment;
(2) the county will pay for the cost of the systems and support equipment, including reimbursement for costs of transportation;
(3) the term of the lease-purchase contract shall not exceed ten years;
(4) the care, custody and proper storage of the systems and support equipment pursuant to specifications issued by the secretary of state is the responsibility of the county clerk; and
(5) upon good cause shown, the terms of the lease-purchase contract may, at any time, be renegotiated.
History:
1978 Comp., § 1-9-17, enacted by Laws 1985, ch. 207, § 16; 1991, ch. 106, § 10; 2001, ch. 233, § 12; 2010, ch. 28, § 18.
ANNOTATIONS
Cross references.
— For the state board of finance,
see
6-1-1 NMSA 1978.
The 2010 amendment,
effective March 3, 2010, in the catchline, deleted "Electronic" and added "Additional", and after "voting systems;", added "state"; in Subsection A, after "purchase of", deleted "electronic" and added "additional" and after "county commissioners", added "pursuant to Section 1-9-7 NMSA 1978"; in Subsection B(1), after "specified number of", deleted "electronic"; in Subsection B(3), after "shall not exceed", deleted "twenty" and added "ten"; and in Subsection B(4), after "custody and", deleted "maintenance" and added "proper storage", and after "support equipment", added "pursuant to specifications issued by the secretary of state".
The 2001 amendment,
effective June 15, 2001, substituted "systems" for "machines" throughout the section.
The 1991 amendment,
effective April 2, 1991, purported to amend this section but made no change.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-17.1 - Voting systems; renegotiation of lease-purchase contract; 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 provisions providing that, upon the return of physical control of the voting systems to the state board of finance, the contract shall be terminated and no additional payments from the county shall be due. The state board of finance may dispose of voting systems returned pursuant to this subsection in any manner that is consistent with the interests of the state.
B. Upon application by the board of county commissioners, the secretary of state shall dispose of voting systems and support equipment purchased after January 1, 2007 by the board of county commissioners. The application shall include a provision for the transfer of ownership in the voting systems to the state without fee or compensation to the county.
History:
1978 Comp. § 1-9-17.1, as enacted by Laws 2009, ch. 173, § 1; 2010, ch. 28, § 19.
ANNOTATIONS
The 2010 amendment,
effective March 3, 2010, in the catchline, deleted "electronic", and after "purchase contract;", added "disposition of voting systems"; in Subsection A, in the first sentence, after "contract for", deleted "an electronic" and added "a"; after "Section", deleted "1-19-17" and added "1-9-17"; after "providing that, upon the", deleted "transfer of the ownership in" and added "return of physical control of" and after "physical control of the", deleted "electronic"; and in the second sentence, after "may dispose of", deleted "electronic" and after "voting systems", deleted "acquired" and added "returned"; and added Subsection B.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-18 - Electronic voting systems; method of payment by counties.

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 to pay to the state board of finance installment payments required to be paid under the terms of the lease-purchase contract.
B. The board of county commissioners of each county having a lease-purchase contract with the state board of finance shall pay such payments, at the times and in the amounts as provided by the terms of the lease-purchase contract. The state board of finance shall deposit the payments into the severance tax bonding fund if the electronic voting systems and support equipment were originally purchased with severance tax bond proceeds. The state board of finance shall deposit the payments into the electronic voting system revolving fund if the electronic voting systems were originally purchased with money from the electronic voting system revolving fund.
History:
1978 Comp., § 1-9-18, enacted by Laws 1985, ch. 207, § 17; 2001, ch. 233, § 13.
ANNOTATIONS
Cross references.
— For the electronic voting machine revolving fund,
see
1-9-19 NMSA 1978.
For the severance tax bond fund,
see
7-27-2 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, substituted "systems" for "machines" and "system" for "machine" throughout the section.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-19 - Voting system revolving fund.

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; and
(2) by the counties to finance, by contract, the purchase of voting systems and necessary support equipment under the conditions stated in Section 1-9-17 NMSA 1978; provided that no expenditure shall be made pursuant to this paragraph if it would result in a fund balance of less than one million dollars ($1,000,000).
B. The voting system revolving fund may be expended upon vouchers signed by the secretary of finance and administration.
C. If at the end of a fiscal year the voting system revolving fund exceeds six million five hundred thousand dollars ($6,500,000), the amount in excess of six million five hundred thousand dollars ($6,500,000) shall revert to the general fund.
History:
1978 Comp., § 1-9-19, enacted by Laws 1985, ch. 207, § 18; 2001, ch. 233, § 14; 2003, ch. 356, § 27; 2010, ch. 28, § 20.
ANNOTATIONS
Cross references.
— For the general fund,
see
6-4-2 NMSA 1978.
The 2010 amendment,
effective March 3, 2010, in the catchline, deleted "Electronic"; in Subsection A, in the first sentence, after "The", deleted "electronic", and in the second sentence, after "The", deleted "electronic"; added Paragraph (1) of Subsection A; in Subsection A(2), at the beginning of the sentence, added "by the counties to"; after "the purchase of", deleted "electronic"; and after "Section 1-9-17 NMSA 1978;", added the remainder of the sentence; in Subsection B, in the first sentence, after "The", deleted "electronic"; and in Subsection C, after "fiscal year the", deleted "electronic".
The 2003 amendment,
effective July 1, 2003, substituted "six million five hundred thousand dollars ($6,500,000)" for "four million dollars ($4,000,000)" in the last sentence.
The 2001 amendment,
effective June 15, 2001, substituted "systems" for "machines" and "system" for "machine" throughout the section; and substituted "four million dollars ($4,000,000)" for "two million dollars ($2,000,000)" in two places at the end of the section.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-20 - Systems designed to print ballots at polling locations; ballot 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 amended from time to time, for offices, candidates and questions qualified to be placed on the ballot for each political subdivision and election district;
B. supporting the maximum number of potentially active voting positions;
C. generating ballots for a primary election that segregate the choices in partisan contests by party affiliation;
D. generating ballots that contain identifying codes or marks uniquely associated with each format;
E. ensuring that voting response fields properly align with the specific candidate names or questions printed on the ballot;
F. generating ballots that can be tabulated by all certified voting systems in the state;
G. generating a ballot for an individual voter based on voter registration data provided by state or county;
H. functionality in absentee, early and election day voting environments;
I. providing absentee ballot tracking ability;
J. uniform allocation of space and fonts used for each office, candidate and question such that the voter perceives no active voting position to be preferred to any other;
K. rendering the ballot in any of the written languages required by the federal Voting Rights Act of 1965, as amended;
L. conformity with optical scan vote tabulator vendor specifications for type of paper stock, weight, size and shape; size and location of voting positions used to record votes; folding; bleed-through; and ink for printing; and
M. interfacing with the statewide voter file for the exchange of data.
History:
Laws 2011, ch. 137, § 66.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 137, § 111 made Laws 2011, ch. 137, § 66 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-21 - Systems designed to print ballots at polling locations; security 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 activity, including absentee voting by mail, in-person absentee voting, early voting, provisional voting and spoiling ballots;
C. creation and preservation of an audit trail of every ballot issued, including during a period of interrupted communication in the event of loss of network connectivity;
D. suitable security passwords at user, administrator and management levels;
E. preventing the modification of ballot formatting by polling place users; and
F. retaining full functionality and capability of printing ballots during a period of interrupted communication in the event of loss of network connectivity.
History:
Laws 2011, ch. 137, § 67.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 137, § 111 made Laws 2011, ch. 137, § 67 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 9 - Voting Machines › Section 1-9-22 - Systems designed to print ballots at polling locations; hardware, 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 the place of use;
(3) function without degradation in capabilities after storage between elections;
(4) function in the natural environment, including variations in temperature, humidity and atmospheric pressure;
(5) function in an induced environment, including proper and improper operation and handling of the system and its components during the election process;
(6) contain prominent instructions as to any special requirements;
(7) have no restrictions on space allowed for installation, except that the arrangement of the system shall not impede the performance of duties by election workers, the orderly flow of voters through the polling place or the ability of voters to vote in private; and
(8) operate with the electrical supply ordinarily found in polling place, nominal one hundred twenty volts alternating current, sixty hertz, single phase;
B. provide software requirements that shall:
(1) be capable of exporting voter data and voter activity status data to state and county voter registration systems;
(2) be capable of generating all required absentee and early voting signature rosters in a state-approved format;
(3) generate daily and to-date activity reports based on user-defined criteria; and
(4) have both single transaction and batch transaction absentee production capability; and
C. be capable of being operated by computer users familiar with a graphical user interface.
History:
2011, ch. 137, § 68.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 137, § 111 made Laws 2011, ch. 137, § 68 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-1 - Ballot.

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 the term includes absentee ballots, provisional paper ballots and all other paper ballots; and
B. "provisional paper ballot" means the paper ballot used pursuant to Section 1-12-7.1, 1-12-8 or 1-12-25.2 NMSA 1978.
History:
1953 Comp., § 3-10-11.1, enacted by Laws 1977, ch. 222, § 24; 1985, ch. 207, § 19; 2003, ch. 356, § 28; 2009, ch. 150, § 8.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "includes absentee ballots", deleted "ballot labels, ballot cards, ballot sheets" and after "provisional paper ballots and", deleted "emergency" and added "all other"; deleted former Subsection B, which defined "ballot label"; deleted former Subsection C, which defined "emergency paper ballot"; deleted former Subsection D, which defined "ballot card"; deleted former Subsection E, which defined "ballot sheet"; and in Subsection B, deleted reference to Section 1-5-10 NMSA 1978 and added Section 1-12-7.1 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, inserted "provisional paper ballots" preceding "and emergency paper ballots" at the end of Subsection A and added Subsection F.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-2 - Ballots; duty to provide.

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 not be used.
History:
1953 Comp., § 3-10-11.2, enacted by Laws 1977, ch. 222, § 25; 2007, ch. 337, § 12.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, permitted the secretary of state to assist in preparing and supplying ballots.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-2.1 - Repealed.

History:
1978 Comp., § 1-10-2.1, enacted by Laws 1991, ch. 105, § 16; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-10-2.1 NMSA 1978, as enacted by Laws 1991, ch. 105, § 16, relating to ballots and equipment, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-3 - Ballots; uniformity.

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 nominees to be voted on by the voters of the entire state.
History:
1953 Comp., § 3-10-11.3, enacted by Laws 1977, ch. 222, § 26; 1985, ch. 207, § 20.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-5 - Ballots; printing.

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 before the election. When a county is using a system that is designed to print ballots at a polling location, the system shall be programmed and capable of operation at least forty days before the election.
History:
1953 Comp., § 3-10-11.5, enacted by Laws 1977, ch. 222, § 28; 2009, ch. 150, § 9; 2011, ch. 137, § 72; 2015, ch. 145, § 57; 2019, ch. 212, § 100.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, after "All other", added "pre-printed", and after "shall be", deleted "printed and".
The 2015 amendment,
effective July 1, 2015, removed the reference to "overseas voters" in the provision requiring the county clerk to have sufficient ballots for an election; after "federal qualified electors", deleted "and overseas voters", after "day prior to", deleted "a primary or general" and added "an", and after "election", deleted "as required by federal law".
The 2011 amendment,
effective July 1, 2011, required county clerks to send ballots to federal qualified electors and overseas voters not later than the forty-fifth day prior to the election and to have all other ballots at least forty days before the election.
The 2009 amendment,
effective June 19, 2009, at the beginning of the sentence, deleted "Ballot labels" and added "Ballots" and changed "thirty" to "forty".
Printing ballots under voting machine law.
— Since voting machines are to be used in the precinct or election districts involved, it is only ballots to the amount of 10% of the total number of registered voters that would be necessary to have printed. Paper ballots are only required to be used under the voting machine law in the event a voting machine should become disabled or in the event a person presents himself to vote by triplicate registration affidavit when his name does not appear in the registration book. 1954 Op. Att'y Gen. No. 54-5920 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 335.
29 C.J.S. Elections §§ 153, 155.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-7 - Ballots; name shall appear but once; exceptions.

A. In a primary or general election, no candidate's name shall appear more than once on the ballot, except in the case of a candidate who is also a candidate for president or vice president of the United States.
B. In a regular local election, a candidate's name:
(1) shall not appear more than once to be elected to any position with the same local government; and
(2) may appear more than once to be elected to any position with different local governments.
History:
1953 Comp., § 3-10-11.7, enacted by Laws 1977, ch. 222, § 30; 1979, ch. 378, § 13; 1981, ch. 143, § 3; 2019, ch. 212, § 102.
ANNOTATIONS
The 2019 amendment,
effective April 3, 2019, revised provisions related to names appearing on a ballot, and added a separate provision applicable to regular local elections; in the section heading, added "exceptions"; deleted "Except in the case of a candidate for United States senate or United States representative who is also a candidate for president or vice president of the United States"; in Subsection A, added "In a primary or general election", and after "once on the ballot", deleted "Whenever a person is, with his knowledge and consent, a candidate at any nominating convention or primary for nomination as the candidate of any political party for any office to be voted on at the election to be held next after such convention or primary, his name shall not be printed on the ballot at such election except in the column under the party name and emblem of the party designated on his declaration of candidacy or statement of candidacy for convention designation" and added "except in the case of a candidate who is also a candidate for president or vice president of the United States."; and added Subsection B.
Intent of section is to prevent party switching
after an unsuccessful primary bid in order to run in the general election.
Anderson v. Hooper
, 498 F. Supp. 898 (D.N.M. 1980) (decided prior to 1981 amendment).
Running as independent in succeeding election not prevented.
— Section 1-8-19 NMSA 1978 and this section do not prevent an unsuccessful party primary candidate from running as an independent in the succeeding general election.
Anderson v. Hooper
, 498 F. Supp. 898 (D.N.M. 1980)(decided prior to 1981 amendment).
Section does not apply to presidential primary
and does not prevent placement of candidate's name on general election ballot.
Anderson v. Hooper
, 498 F. Supp. 898 (D.N.M. 1980)(decided prior to 1981 amendment).
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-7.1 - Repealed.

History:
Laws 1997, ch. 93, § 1; repealed by Laws 2011, ch. 137, § 110.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 137, § 110 repealed 1-10-7.1 NMSA 1978, as enacted by Laws 1997, ch. 93, § 1, relating to removal of names of deceased candidates from ballots, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-8.1 - Repealed.

History:
Laws 1981, ch. 166, § 1; 1985, ch. 207, § 22; 1991, ch. 105, § 18; 2009, ch. 150, § 13; 2019, ch. 212, § 104; repealed by Laws 2023, ch. 39, § 99.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 39, § 99 repealed 1-10-8.1 NMSA 1978, as enacted by Laws 1981, ch. 166, § 1, relating to ballots, order of candidate names, party position on ballot, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-9 - Ballots; errors and omissions.

A. If an error or omission has occurred in the printed ballot, the district court, upon petition of any voter, may order the county clerk to forthwith correct the error or supply the omission, or immediately show cause why the error should not be corrected or the omission should not be supplied.
B. If any error occurs in the printing on the ballot of the name of any candidate or in the designation of the office for which he is nominated, the ballot shall nevertheless be counted for such candidate for the office for which he was nominated as shown by the certificate of nomination.
History:
1953 Comp., § 3-10-13, enacted by Laws 1969, ch. 240, § 208.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Elections § 316.
29 C.J.S. Elections § 173.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-10 - Ballots; sample.

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 that, if printed, they shall be printed on colored paper and shall not contain the facsimile signature of the county clerk or any endorsement on the back thereof. Each sample ballot shall be marked in large black capital letters, "SAMPLE BALLOT".
C. Printed sample ballots shall be made available in reasonable quantities to all interested persons at the county clerk's office, in each polling place and on the county's web site, if the county maintains a web site.
History:
1953 Comp., § 3-10-14, enacted by Laws 1969, ch. 240, § 209; 1971, ch. 317, § 18; 1977, ch. 124, § 4; 1985, ch. 207, § 23; 2015, ch. 145, § 59.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided that the county clerk shall make available a number of sample ballots in a quantity and format prescribed by the secretary of state and shall make the sample ballots available at the county clerk's office, in each polling place and on the county's web site, if the county maintains a web site; in Subsection A, deleted "At the time of printing the official ballots", after "county clerk shall", deleted "cause to be printed" and added "make available", after "in a quantity", deleted "equal to ten percent of the number of voters in each precinct" and added "and in a printed or electronic format as prescribed by the secretary of state"; in Subsection B, after "except that," added "if printed"; in Subsection C, added "Printed", after "interested persons", deleted "for distribution to the voters within the appropriate precincts." and added "at the county clerk's office, in each polling place and on the county's website, if the county maintains a web site"; and deleted Subsection D.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-11 - Sample ballots; penalty.

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 a petty misdemeanor for any person to deface, alter, remove or in any way destroy the sample ballots displayed for public inspection at the polling place during the hours the election is being conducted.
History:
1953 Comp., § 3-10-15, enacted by Laws 1969, ch. 240, § 210; 1977, ch. 124, § 5; 1981, ch. 143, § 4; 2009, ch. 150, § 14.
ANNOTATIONS
Cross references.
— For offenses and penalties,
see
1-20-1 NMSA 1978 et seq.
The 2009 amendment,
effective June 19, 2009, deleted former Subsection A, which required the county clerk to provide sample ballots that show the entire front of the voting machine.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-12 - Paper ballots; general requirements.

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:
1953 Comp., § 3-12-78, enacted by Laws 1977, ch. 222, § 47; 1987, ch. 249, § 39; 1991, ch. 105, § 34; § 1-12-44 NMSA 1978, recompiled and amended as § 1-10-12 NMSA 1978 by Laws 2009, ch. 150, § 10.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 150, § 10 recompiled former 1-12-44 NMSA 1978 as 1-10-12 NMSA 1978, effective June 19, 2009.
The 2009 amendment,
effective June 19, 2009, at the beginning of the sentence, before "Paper ballots", deleted "Emergency" and after "Paper ballots", deleted "used in the primary and general elections"; in Subsection A, deleted language that provided for the numbering of ballots beginning with precinct one; deleted former Subsection E, which required all words, phrases and the name of candidates to be printed in their proper places; in Subsection E, after "have the", deleted "legislative district, commissioner district and", and after "printed on each", deleted "emergency"; and added Subsection F.
The legislature did not delegate to the secretary of state the authority to reinstate straight-ticket voting in New Mexico.
— Where the New Mexico secretary of state sought to reinstate straight-ticket voting in the November 2018 general election, and where petitioners, a coalition of voters, political parties, and political organizations, filed a petition for writ of mandamus requesting an order prohibiting the secretary of state from further efforts to reinstate the straight-ticket option on the grounds that she does not possess the authority to do so, the writ of mandamus was issued because N.M. Const., Art. VII, § 1(B) gives the legislature plenary authority over elections, an authority which cannot be delegated and which is limited only by the New Mexico constitution. Moreover, the history of straight-ticket voting in New Mexico indicates that the legislature never delegated or attempted to delegate to the secretary of state the authority to decide whether straight ticket voting shall be an option to voters in general elections, and 1-10-12(F) NMSA 1978, which gives the secretary of state the authority to prescribe the form of the ballot, was never intended to authorize the secretary of state to decide questions related to straight-ticket voting.
Unite New Mexico v. Oliver
, 2019-NMSC-009.
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-13 - Ballots; write-in candidates.

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 candidates for that office; and
B. the write-in candidate's name shall not be pre-printed on the ballot, nor displayed or otherwise provided in any polling place by any election official or member of an election board.
History:
1953 Comp., § 3-12-81, enacted by Laws 1977, ch. 222, § 50; § 1-12-47 NMSA 1978, recompiled and amended as § 1-10-13 NMSA 1978 by Laws 2009, ch. 150, § 11; 2019, ch. 212, § 105.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 150, § 11 recompiled former 1-12-47 NMSA 1978 as 1-10-13 NMSA 1978, effective June 19, 2009.
The 2019 amendment,
effective April 3, 2019, provided that the names of write-in candidates shall not be pre-printed on the ballot; in the introductory clause, after "has been", deleted "certified" and added "qualified by the proper filing officer; in Subsection A, added "'Declared'" preceding "Write-in Candidate"; and added Subsection B.
The 2009 amendment,
effective June 19, 2009, at the beginning of the sentence, deleted "Where space is allowed on an emergency paper ballot" and added "When a write-in candidate has been certified pursuant to the Election Code, a space"; and after "Write-in Candidate", added "after the listing of other candidates for that office".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10 - Ballots and Ballot Labels › Section 1-10-14 - Paper ballots; election supplies.

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.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 150, § 12 recompiled 1-12-49 NMSA 1978 as 1-10-14 NMSA 1978, effective June 19, 2009.
The 2009 amendment,
effective June 19, 2009, after "procurement of", deleted "emergency".
2023 New Mexico Statutes › Chapter 1 - Elections › Article 10A - Ballot Positioning (Repealed.) › Section 1-10A-1 to 1-10A-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 3, § 2, repealed 1-10A-1 through 1-10A-3 NMSA 1978, as enacted by Laws 1988, ch. 17, §§ 1 through 3, the Ballot Positioning Act, effective January 31, 1994. For provisions of former sections,
see
the 1993 NMSA 1978 on
NMOneSource.com
.