New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.19 - USE OF GOVERNMENTAL AND OFFICIAL BUILDING AS MAILING ADDRESSES ON MAILED BALLOT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				written request from an Indian nation, tribe or pueblo, the secretary of state
				may designate a government or official building for the delivery of mailed
				ballots or for use on voter registrations for members of that Indian nation,
				tribe or pueblo. The written request must be in compliance with Subsection D of
				Section 1-21A-1 NMSA 1978,
B. The written request designating the
				government or official building shall be submitted to the secretary of state in
				March or April of any year. It should include the common name for the building,
				the mailing address of the building, and the name(s) and phone number(s) of
				lead person(s) charged with the oversight of the mailed ballot process at the
				building.
C. Upon receipt of a
				written request, the secretary of state shall perform a security evaluation of
				the building to ensure the building has a space to safely keep the official
				mailing envelope in a locked and number-sealed ballot box or envelope. The
				secretary of state shall respond in writing within 60 days of the
				request.
D. An approved designation
				will take effect at the general election or regular local election of the year
				in which the request was approved.
E. If the request is approved and upon
				implementation, the secretary of state shall send a notification of new
				designations in writing and shall provide an updated list of approved
				government and official buildings by county to each county clerk with an Indian
				nation, tribe or pueblo in the county.
(1)
				The lead person(s) designated pursuant to Section B of this section shall
				ensure that mailed ballots received at the designated location are secured
				safely in a locked and number-sealed ballot box or envelope until they are
				retrieved by voters.
(2) Only a
				voter who requested a mailed ballot may retrieve a mailed ballot at a
				designated and approved government or official building.
(3) A chain of custody form shall be
				completed by the voter collecting their mailed ballot every time a ballot is
				collected. A copy of the chain of custody form shall be sent to the county
				clerk who issued the mailed ballot within 24 hours. The chain of custody form
				shall be prescribed by the secretary of state and shall include:
(a) the location of the officially designated
				building;
(b) date and time of
				arrival;
(c) printed full name of
				the person retrieving the ballot;
(d) signature of the person retrieving the
				ballot;
(e) printed full name of
				the person providing the ballot to the voter;
(f) signature of the person providing the
				ballot to the voter;
(4)
				The lead person(s) designated pursuant to Section B of this section shall
				maintain a log of the number of mailed ballots received each day and the names
				of the voters reflected on the outer envelopes of received mailed ballots. The
				log shall be prescribed by the secretary of state and a lead person shall send
				of a copy of the updated log to the county clerk who issued the mailed ballots
				each week beginning 28 days prior to the election and on the Saturday following
				an election day.
(5) The lead
				person(s) designated pursuant to Section B of this section shall return any
				ballots not retrieved by voters to the county clerk by the Friday following an
				election day.