reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 21 - VOTING SYSTEM ACQUISITION › Section 1.10.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Section 1-9-5(B) NMSA 1978 provides that the secretary of state shall provide
				to the county clerk of each county at least one voting system for use in each
				polling location in the general and primary elections.
B. Section
				1-9-7
				NMSA 1978 provides:
(1) 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.
(2) When
				authorized by the state board of finance, the board of county commissioners may
				acquire new or previously owned voting systems. No less than ninety days prior
				to each primary and general election, the board of county commissioners of each
				county may make application to the state board of finance for any additional
				voting systems to be acquired by a county in excess of the number of voting
				systems required by the Election Code for the conduct of primary and general
				elections,
(3) The additional
				voting systems shall be of a type certified by the secretary of state. They
				shall be purchased by the state board of finance. The cost of the voting
				systems, including all transportation costs, shall be paid out of the voting
				system revolving fund. The state board of finance shall cause to be delivered
				to each county clerk the additional voting systems.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 21 - VOTING SYSTEM ACQUISITION › Section 1.10.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 31, 2000, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 21 - VOTING SYSTEM ACQUISITION › Section 1.10.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs all acquisitions of voting systems that are
				  in addition to the number of voting systems required by the Election Code for
				  the conduct of primary and general elections by counties and sets forth the
				  procedures that must be followed in such acquisitions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 21 - VOTING SYSTEM ACQUISITION › Section 1.10.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Board" means state
				board of finance.
B. "Clerk" means
				the clerk acting on behalf of a county acquiring or selling a voting
				system.
C. "Fund" means the voting
				system revolving fund.
D.
				"Lease-purchase contract" means the contract executed between the board and the
				county for the purchase of voting systems that are in addition to the number of
				voting systems required by the Election Code for the conduct of primary and
				general elections as further outlined in Paragraph (2) of Subsection C of
				1.10.21.3 NMAC.
E. "Secretary"
				means secretary of state.
F.
				"Voting system" means a combination of mechanical, electromechanical or
				electronic equipment, including the software and firmware required to program
				and control the equipment, that is used to cast and count votes, and also
				including any type of system that is designed to print or to mark ballots at a
				polling location; equipment that is not an integral part of a voting system,
				but that can be used as an adjunct to it, is considered to be a component of
				the system.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 21 - VOTING SYSTEM ACQUISITION › Section 1.10.21.8 - APPROVAL OF ADDITIONAL VOTING SYSTEM PURCHASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The clerk must select voting systems to be
				acquired in addition to the number required by the Election Code for the
				conduct of primary and general elections from a list of voting systems
				certified by the secretary for use in elections for public office in New
				Mexico. The county commissioners must adopt a resolution, passed by a majority
				of the commission, approving the purchase of additional voting systems and
				authorizing the county commission chairperson to enter into a lease-purchase
				contract with the board for that purchase.
B. The clerk must submit a letter of request
				to purchase additional voting systems to the secretary, along with the
				resolution adopted by the county commission. If the purchase is from another
				county, both the county selling and the county acquiring the additional voting
				systems are to submit a letter indicating the serial numbers and attaching the
				resolution or a copy of the signed minutes indicating approval of sale (seller)
				or purchase (acquirer). All letters of requests must include:
(1) number of voting systems to be purchased
				and the reason for purchase;
(2)
				manufacturer and model of voting systems to be purchased (indicate if new or
				previously owned);
(3) price per
				voting system and total amount of purchase;
(4) indication of desired term of the
				lease-purchase contract; counties with sufficient funds to acquire voting
				systems must elect to have a thirty-day term for the lease-purchase contract;
				counties requiring financing may elect to have the term of the lease-purchase
				contract be up to ten years;
(5)
				total number of voting systems the county currently has;
(6) the number of voting systems the county
				is required to have under New Mexico's Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 21 - VOTING SYSTEM ACQUISITION › Section 1.10.21.9 - ACQUISITION OF ADDITIONAL VOTING SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon approval by the board to acquire
				voting systems in addition to the number required by the Election Code for the
				conduct of primary and general elections, board staff will send the county a
				lease-purchase contract to be signed by the county commission chairperson. A
				lease-purchase contract must be entered into regardless of the term of the
				contract and shall include, but not be limited to, the following terms set out
				in Paragraph (2) of Subsection C of 1.10.21.3 NMAC.
B. Upon receipt of the signed lease-purchase
				contract, board staff will order the additional voting systems and send copies
				of the purchase order and the signed lease-purchase contract to the
				county.
C. In no event shall the
				county purchase additional voting systems directly from vendors.
D. Once additional voting systems are
				delivered, the county shall promptly notify the board staff and the secretary.
				The secretary will inspect the voting systems and notify board staff by way of
				the "delivery confirmation of voting systems" form.
E. Board staff will then submit payment to
				the vendor and send a copy of the voucher to the county along with a payment
				schedule. Since voting systems are purchased by the fund, payments by the
				county must adhere to the conditions set out in the lease-purchase contract.
				Annual lease-purchase contract payments must be received by December 31 of each
				year unless otherwise specified. Upon receipt of final payment, title to the
				voting systems is transferred from the board to the county.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 22 - PROVISIONAL VOTING › Section 1.10.22.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the Secretary of State, 325 Don Gaspar, Suite 300,
				  Santa Fe, New Mexico, 87501.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 22 - PROVISIONAL VOTING › Section 1.10.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any election covered under the Election
				  Code, Section
				  1-1-19
				  NMSA 1978 and the Special Election Act, NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 22 - PROVISIONAL VOTING › Section 1.10.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-2-1;
				  Section
				  1-6-5;
				  Section
				  1-6-16;
				  Section
				  1-6-16.1;
				  1-12-25.2; Section
				  1-12-25.3;
				  Section
				  1-12-25.4;
				  1-12-27.1 NMSA 1978 and Public Law 107-252, The Help America Vote Act of
				  2002.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 22 - PROVISIONAL VOTING › Section 1.10.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The Help America Vote Act, PL 107-252, effective October 29,
				  2002, requires the casting of a provisional ballot in the following
				  circumstances; a voter whose name does not appear on the roster at the polling
				  place, on the county voter file, or a new voter who has not provided the
				  required identification to vote. The Election Code also provides for the use of
				  a provisional ballot qualification process in the instance of an affirmed
				  challenge or when a replacement ballot for an absent voter is required or in
				  the event of an emergency, as defined in Section
				  1-6-16.2
				  NMSA 1978. This rule creates uniform criteria for the issuance and reporting of
				  all provisional ballots and offers consistency in the qualification process and
				  for the counting and canvassing of provisional ballots. The rule also provides
				  for the secrecy of a provisional voter's ballot during each stage of the
				  election process, extending through a recount or contest of the election and
				  the ensuing requalification of the provisional ballots.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 22 - PROVISIONAL VOTING › Section 1.10.22.8 - PROVISIONAL BALLOT ISSUANCE AND PRECINCT BOARD PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person offering to vote shall be allowed
				to vote on a provisional ballot in accordance with the Election Code.
B. When issuing a provisional ballot, the
				precinct board shall ensure the following:
(1) a provisional voter places the ballot in
				the inner envelope and provisional ballot envelope prescribed by the secretary
				of state and shall fill out all required information on the provisional ballot
				envelope;
(2) the name of a
				provisional voter is entered in the signature roster on the line immediately
				following the last entered voter's name, or in its electronic equivalent when
				consolidated precincts are used, pursuant to the Election Code;
(3) a provisional voter completes the
				certificate of voter registration attached to the provisional ballot envelope,
				and that the certificate of registration remains attached to the provisional
				ballot envelope and returned to the county clerk;
(4) a provisional voter is not permitted to
				place the voted ballot into the voting tabulator;
(5) a provisional voter is not subject to a
				challenge at the time of voting under the procedures provided in the Election
				Code;
(6) the required physical
				form of identification provided by a provisional voter who returned to the
				alternate voting location, mobile alternate voting location or election day
				polling place, after already casting a provisional ballot, shall be placed with
				the provisional ballot envelope to be used by the county clerk during the
				provisional ballot qualification process, in accordance with the Election Code,
				Section
				1-12-7.1
				NMSA 1978; and,
(7) a provisional
				ballot shall not be placed in the ballot box designed for tabulated ballots,
				but rather, shall be deposited in a special sealed provisional ballot
				transmission envelope, pouch or ballot box designated by the county clerk for
				the sole use of securing provisional ballots.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 22 - PROVISIONAL VOTING › Section 1.10.22.9 - COUNTY CLERK PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				county clerk is charged with, and authorized to, determine the qualification of
				provisional ballots issued for the election, and must notify provisional voters
				of the qualification determination and count and record qualified provisional
				ballots.
(1) The provisional ballots shall be
				kept separate by each voting method - absentee, early or election day, as well
				as, by the name of the alternative voting location, mobile alternate voting
				location or election day polling place. The provisional ballot envelopes shall
				not be opened until the county clerk has completed the qualification
				process.
(2) A provisional ballot
				shall be qualified if the voter has provided all the information under the
				Election Code, Section
				1-12-25.3
				NMSA 1978, and the provisions set out in the Election Code, Section
				1-12-25.4
				NMSA 1978 have been met.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 22 - PROVISIONAL VOTING › Section 1.10.22.11 - PROVISIONAL VOTER NOTIFICATION AND HEARING PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with Section
				1-12-25.2 NMSA 1978, the county
				clerk shall notify each provisional voter whose provisional ballot was rejected
				and inform the voter of the right to appeal such rejection and provide
				information or documentation to cure the reason the ballot was rejected until
				the Friday prior to the meeting of the state canvassing board. The appeal
				process shall be conducted as follows:
(1) the
				voter shall submit a written request for a hearing to appeal the rejection, and
				at any time up to and including the appeal hearing, the voter may provide
				information or documentation to satisfy the reason the ballot was
				rejected;
(2) the county clerk
				shall select a hearing officer(s) from staff or a person who is not affiliated
				with any candidate to be voted for at the election and knowledgeable of
				election law;
(3) the county clerk
				shall provide a disability accessible room for the appeal hearing to be
				held;
(4) the voter shall schedule
				an appointment time for an appeal by calling the county clerk's office and
				shall appear under oath and show by a preponderance of the evidence that the
				vote should be counted;
(5) the
				voter may appear with an advocate;
(6) the appeal hearing shall be a public
				meeting, but the voter's date of birth and social security number shall not be
				stated out loud and the public shall not be in the line of sight or view or
				make notes of the voter's personal information;
(7) the county clerk and the public may make
				a brief public comment and offer relevant exhibits but only the hearing officer
				shall be permitted to cross examine the witness;
(8) the hearing officer shall not be bound by
				the rules of civil procedure, but may use them for guidance and shall make an
				immediate oral decision explaining the decision by citing a provision of the
				Election Code;
(9) if the voter
				prevails, the hearing officer shall direct the county clerk to handle the
				ballot as a qualified provisional ballot.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 22 - PROVISIONAL VOTING › Section 1.10.22.12 - SECRETARY OF STATE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Provisional voters wishing to determine
				the disposition of their provisional ballot may call the office of the
				secretary of state 14 days after the election. The secretary of state shall
				make the agency toll free number available to county clerks for the purpose of
				determining the status of provisional ballots, and shall establish a web-based
				computer program for the same purpose. The secretary of state, prior to
				providing information to a voter on the disposition of the voter's ballot,
				shall verify the identity of the voter.
B. The secretary of state shall not discuss
				the disposition of any provisional ballot with any person other than the
				provisional voter
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the Secretary of State, 325 Don Gaspar, Suite 300,
				  Santa Fe, New Mexico, 87503.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to recounts, rechecks, audits, and contests
				  conducted pursuant to Sections
				  1-14-1
et seq.
NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Sections
				  1-2-1,
				  and
				  1-14-1
et seq.
NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 2, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purposes of this rule is to provide procedures for
				  conducting audits, contests, rechecks, and recounts pursuant to Sections
				  1-14-1
et seq.
NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.8 - PUBLIC NOTICE AND OBSERVATION OF AUDITS, VOTING SYSTEM CHECKS, RECHECKS AND RECOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Public notice.
In addition to the notice required to be provided
				by Section
				1-14-16
				NMSA 1978 for rechecks and recounts, at least three (3) days prior to an audit,
				voting system check, recount or recheck, the county clerk shall post, in at
				least one conspicuous place in the county, the time and location of the audit,
				voting system check, recount or recheck. In addition, if the county clerk has a
				web site, at least three (3) days prior to an audit, voting system check,
				recount or recheck, the county clerk shall post the time and location on its
				web site.
B.
Public
				observation.
Consistent with Subsection A of Section
				1-14-13.2
				NMSA 1978, county canvass observers may be present during the audit process and
				shall be subject to Section
				1-2-31
				NMSA 1978. Pursuant to Section
				1-14-16
				NMSA 1978, members of the public may be present during a recheck or recount.
				The county clerk shall provide instructions to all observers, watchers and
				members of the public regarding any rules governing their conduct during an
				audit, voting system check, recheck, or recount. At all times during an audit
				process, those present to observe shall wear self-made badges designating
				themselves as an authorized observer of the organization or candidate which
				they represent or as a member of the public. Those present to observe shall
				not:
(1) wear any identification other than
				the badge described above;
(2) wear
				any party or candidate pins;
(3)
				perform any duty of the recount, recheck, or audit workers;
(4) handle any election material;
(5) interfere with the orderly conduct of
				workers conducting the process; or
(6) use cell phones, audio, or video tape
				equipment while observing the process.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.9 - VOTING SYSTEM CHECK PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
This section applies to voting system checks for all federal
				  offices, for governor, and for the statewide elective office other than the
				  office of the governor for which the winning candidate won by the smallest
				  percentage margin of all candidates for statewide office in New Mexico, as
				  required by Section
				  1-14-13.2
				  NMSA 1978.
A.
Auditor
				functions
(1)
Selection of
				precincts for the voting system check.
The number of precincts to be
				selected for each contest shall be based on the margin between the top two
				candidates as determined in Table 1 of Section
				1-14-13.2
				NMSA 1978. (The calculations for determining the number of precincts in the
				sample assume that the maximum margin shift in any precinct will not exceed
				thirty percent. Achieving the ninety percent probability of detection with the
				number of precincts in the sample as indicated in Table 1 requires that the
				probability of selecting a precinct is proportional to the precinct size.)
(a) By no later than 12 calendar days after
				the election, the auditor shall select the precincts for the voting system
				check pursuant to the precinct selection process set forth in Section
				1-14-13.2
				NMSA 1978.
(b) The auditor will
				conduct an agreed upon procedures engagement in accordance with AICPA
				statements on standards for attestation engagements for procedures set forth in
				Section
				1-14-13.2
				NMSA 1978 and 1.10.23.9 NMAC.
(c)
				Precincts will be randomly selected using a process that is visually
				observable, such as rolling dice or selecting pieces of paper from a box, with
				the probability of selection being proportional to the number of persons
				registered to vote in the last election in each precinct.
(d) The random sampling process shall be open
				to public observation. At least seven days prior to the random sampling
				conducted pursuant to this subsection, the secretary of state shall post notice
				on its web site of the time, date, and location of the random
				sampling.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.10 - RECOUNT AND RECHECK PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
This section applies to rechecks and recounts conducted
				  pursuant to Sections
				  1-14-14
				  and
				  1-14-24
				  NMSA 1978, and recounts resulting from audits performed under Section
				  1-14-13.2
				  NMSA 1978. The recheck and recount procedures in this section shall be used in
				  conjunction with the procedures in Sections
				  1-14-16
				  and
				  1-14-18
				  through
				  1-14-23 NMSA
				  1978, along with guidance from the secretary of state.
A.
Time and place; ballot
				security.
(1) Pursuant to Subsection A
				of Section
				1-14-16
				NMSA 1978, the recount or recheck shall be held at the county seat.
(2) The county clerk shall arrange for
				transportation of ballots to the recount or recheck site and contact the
				sheriff or state police to move the ballot boxes from the current place of
				storage to the recount or recheck site.
(3) The county clerk shall convene the
				recount precinct board no more than 10 days after the filing of the application
				for a recount or recheck, notice of an automatic recount, or notice of a
				recount required by Subsection B of Section
				1-14-13.2
				NMSA 1978.
(4) The presiding judge
				of the recount precinct board shall assign counting teams of at least two
				members, of opposite political parties if possible, to particular
				precincts.
(5) At least one person
				in addition to the district judge or presiding judge shall witness all movement
				of ballots during the recount, and all movement of ballots from and to the
				ballot box during the recount process shall be logged. Each time that ballots
				are removed from or returned to a ballot box, the number of ballots shall be
				determined and compared to the number of ballots that should be in that
				particular ballot box. Any discrepancies shall be noted.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS › Section 1.10.23.11 - CONTEST PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				election contest shall be conducted pursuant to the provisions of the Election
				Code under Sections
				1-14-1
et seq.
NMSA 1978.
B. In any election contest the court may
				order the re-tallying of ballots. The county clerk shall provide tally sheets
				for the purpose of the contest.
C.
				In any election contest the court may order comparison of results cartridges
				from any optical scan vote tabulating systems.
D. No rejected ballot subject to review in an
				election contest shall be disqualified solely because the signature on the
				outer envelope or affidavit contains an abbreviated name, lack of a middle
				initial, or lack of a suffix, provided that the voter can be identified with
				information provided on the outer envelope or voter's affidavit.
E. If a tally of qualified provisional or
				other ballots is required in an election contest, the court may summon the
				county clerk to re-tally all qualified provisional or other ballots and review
				all rejected provisional or other ballots pursuant to Subsection D of
				1.10.23.10 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 24 - REFERENDUM PETITION PROCEDURES › Section 1.10.24.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any referendum petition submitted or
				  filed with the office of the secretary of state pursuant to Article IV, Section
				  1 of the Constitution of New Mexico and pursuant to the provisions of Section
				  1-17-1 through
				  1-17-14, NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 24 - REFERENDUM PETITION PROCEDURES › Section 1.10.24.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection B of Section
				  1-2-1 NMSA 1978 and Article 17 of
				  the Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 24 - REFERENDUM PETITION PROCEDURES › Section 1.10.24.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 15, 2004 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 24 - REFERENDUM PETITION PROCEDURES › Section 1.10.24.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish administrative
				  procedures for the review of submitted draft referendum petitions prior to
				  circulation and to establish administrative procedures for the review of
				  signatures on completed referendum petitions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 24 - REFERENDUM PETITION PROCEDURES › Section 1.10.24.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Certified
				list"
means the alphabetized listing of registered voters of a county
				that is under the signature and seal of the secretary of state.
B.
"Designated agent"
means the
				sole individual authorized by the referendum sponsors to act on behalf of
				sponsors.
C.
"Fictitious,
				forged or otherwise clouded signatures"
means signatures including, but
				not limited to, the names of celebrities and actors that are not registered
				voters or qualified electors of New Mexico, cartoon characters, historical
				figures, animal companions or livestock, or any signature where the address is
				not legible and the signer could not be sufficiently identified by a
				judge.
D.
"Petition"
means the referendum form, approved, certified, and circulated pursuant to
				Article 17 of the Election Code.
E.
"Petitioner"
means an individual, group of persons or organization
				circulating a referendum petition pursuant to Article IV, Section 1 of the New
				Mexico Constitution and the provisions of Article 17 of the Election
				Code.
F.
"Qualified
				elector"
means any resident of this state who is qualified to vote under
				the provisions of the Constitution of New Mexico and the Constitution of the
				United States and includes any qualified resident.
G.
"Registered voter"
means a
				qualified elector, registered to vote pursuant to the provisions of the
				Election Code.
H.
"Signer"
means a qualified elector or registered voter who signs
				his name to a referendum petition.
I.
"Solicitor"
means a person
				who circulates a referendum petition and requests the signatures of qualified
				electors or registered voters.
J.
"Sponsor"
means the individual, group of persons or organization
				circulating a referendum petition pursuant to Article IV, Section 1 of the New
				Mexico Constitution and the provisions of Article 17 of the Election
				Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 24 - REFERENDUM PETITION PROCEDURES › Section 1.10.24.8 - COMPLETED PETITION FILING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Only the designated agent shall file the petition on behalf of the
				sponsors.
B. A completed referendum
				petition filed pursuant to Section
				1-17-10 NMSA 1978, shall not be
				withdrawn nor added to at the time of initial filing, but may be later amended
				subject to the provisions of Section
				1-17-12 NMSA 1978.
C. At the time of filing, the designated
				agent shall submit a certified list or the registered voters of each county
				represented in the petition. The secretary of state shall provide the certified
				lists to the designated agent upon completion of a request affidavit on a form
				prescribed by secretary of state. The affidavit shall inform the designated
				agent of the requirement to comply with Section
				1-5-5.6 and Subsection A of Section
				1-5-22 NMSA 1978. The certified
				list shall be provided electronically.
D. If a signer of a referendum petition is a
				qualified elector, but not a registered voter pursuant to the provisions of the
				Election Code the qualified elector shall write "qualified elector" in lieu of
				a voting precinct on the petition page, and the designated agent shall submit
				documentation that the signer is 18 years of age and a resident of the county
				listed above the signature of the signer. Acceptable documentation consists of
				a government issued verification of the age of the signer and other documents
				that indicate county of residence.
E. The secretary of state shall determine the
				acceptability of any documents submitted.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 24 - REFERENDUM PETITION PROCEDURES › Section 1.10.24.9 - COMPLETED PETITION VERIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary of state shall examine each
				page of the petition to determine the validity of signatures consistent with
				the requirements of Article 17 of the Election Code.
B. Fictitious, forged or otherwise clouded
				signatures shall be deleted from the petition consistent with Section
				1-17-11, NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 24 - REFERENDUM PETITION PROCEDURES › Section 1.10.24.10 - PETITION APPROVAL BEFORE CIRCULATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before any referendum petition is
				circulated for signatures, the sponsors shall submit the original draft thereof
				to the secretary of state to determine if it meets the requirements of law for
				referendum petitions pursuant to Section
				1-17-1, Section
				1-17-2, Section
				1-17-5, Section
				1-17-6, Section
				1-17-8 NMSA 1978 and Article IV,
				Section 1 of the Constitution of New Mexico.
B. Requirements as outlined in Section
				1-17-2 and Subsection E of Section
				1-17-5 NMSA 1978 shall appear on
				the front of the petition page, as only the required certificate shall appear
				on the back of each petition page pursuant to Section
				1-17-6 NMSA 1978.
C. Pursuant to Section
				1-2-1.1 NMSA 1978, the secretary of
				state shall contact the attorney general for review of referendum petition
				submissions and request signature for petitions certified as meeting all
				requirements of law for referendum petitions as required by Section
				1-17-8 NMSA 1978.
D. The secretary of state shall respond to
				the draft submission in accordance with Subsection B of Section
				1-17-8 NMSA 1978 within 30 days of
				submission.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 25 - THIRD-PARTY REGISTRATION AGENTS › Section 1.10.25.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any special statewide election, general
				  election, primary election, county wide election or 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
				  NMSA 1978).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 25 - THIRD-PARTY REGISTRATION AGENTS › Section 1.10.25.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-2-1
				  NMSA 1978; Chapter 270, Laws 2005. The issuing authority shall issue rules to
				  ensure the integrity of the registration process and require that organizations
				  account for all voter registration forms used by their registration
				  agents.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 25 - THIRD-PARTY REGISTRATION AGENTS › Section 1.10.25.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 15, 2005 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 25 - THIRD-PARTY REGISTRATION AGENTS › Section 1.10.25.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The Election Code (Chapter 1, Article 4) was amended by
				  Chapter 270, Laws 2005. The purpose of the amendment is to define and regulate
				  third-party voter registration agents and to set forth procedures, provide for
				  reports and set penalties for violations.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 25 - THIRD-PARTY REGISTRATION AGENTS › Section 1.10.25.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Voter
				registration organization"
means one or more persons organized as a
				group that are engaged in voter registration activities and includes, but is
				not limited to, political parties, candidate committees, political action
				committees, political advertising campaigns, campaign committees and
				non-partisan interest groups.
B.
"Registrant"
means a qualified elector who has completed and
				subscribed a new or existing certificate of voter registration.
C.
"Registration agent"
means a
				state, county or federal employee who provides voter registration at a state
				agency (a/k/a registration officer), or tribal registration officer, or any
				other individual who assists another person in completion of a voter
				registration application.
D.
"Third-party registration agent"
means any individual who solicits and
				provides substantive assistance to another person (who is not his or her family
				member) in the completion of a certificate of voter registration on behalf of a
				voter registration organization that is not a state, county or federal
				agency.
E.
"Assist" or
				"assistance"
means taking physical possession of a certificate of voter
				registration completed by a registrant. An individual who engages in conduct
				intentionally designed to either disenfranchise a potential or current voter or
				defraud the state of New Mexico through the voter registration process shall be
				deemed to have assisted a voter.
F.
"Voter's receipt"
means the receipt for the certificate of voter
				registration, provided to the voter by a third-party registration
				agent.
G.
"A person having
				decision-making authority involving the organization's voter registration
				activities"
means a person who organizes or directs voter registration
				drives.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 25 - THIRD-PARTY REGISTRATION AGENTS › Section 1.10.25.9 - PRESCRIBED FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Prescribed form for voter registration organizations.
(1) Name of voter registration
				organization.
(2) Permanent or
				temporary address, if any, of the voter registration organization.
(3) Telephone number of the voter
				registration organization.
(4)
				Names of the officers of the voter registration organization.
(5) A printed notification that the
				prescribed form completed by voter registration organizations is a public
				record.
(6) A signed, sworn
				statement by a representative of the voter registration organization that the
				organization and its agents will obey all state laws and rules regarding the
				registration of voters. The sworn statement shall contain language advising the
				organization of the criminal penalties associating with submitting a false
				registration.
(7) A printed
				notification that completed certificates of voter registration must be placed
				in the mail or delivered to the secretary of state or county clerk within
				forty-eight (48) hours of the voter registration organization or its agents
				taking possession of a certificate of voter registration completed by a
				registrant. The notification shall specify that the forty-eight (48) hour
				deadline excludes intermediate Saturdays, Sundays, and federal or state
				holidays.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 25 - THIRD-PARTY REGISTRATION AGENTS › Section 1.10.25.10 - COUNTY CLERK PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The secretary of state may designate county clerks as agents in the
				registration of voter registration organizations and third-party registration
				agents. The secretary of state shall provide all prescribed forms to county
				clerks, along with directions for their completion and maintenance.
B. The county clerk shall keep a record of
				all certificates of voter registration with a traceable number that is provided
				to voter registration organizations. A county clerk shall also provide New
				Mexico voter registration forms in quantities of twenty (20) per third party
				voter registration agent. The county clerk retains discretion to increase these
				quantities for special events or circumstances. Any member of a voter
				registration organization may pick up blank New Mexico voter registration
				forms, including on behalf of other third party voter registration agents in
				the organization, provided, however, that any agent picking forms up for
				another agent must produce the absent agent's completed log pursuant to
				Subsection H of 1.10.25.8 NMAC.
C.
				The county clerk shall promptly forward to the secretary of state copies of all
				documents required of voter registration organizations and third-party
				registration agents and file originals in the office of the county
				clerk.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 25 - THIRD-PARTY REGISTRATION AGENTS › Section 1.10.25.11 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person will be
				found guilty of a petty misdemeanor for violation of Section
				1-4-49
				NMSA 1978only if the violation was intentional.
B. A person will be subject to civil
				penalties for violation of Section
				1-4-49
				NMSA 1978only if the violation was intentional or if the person has engaged in
				a pattern or practice of violating Section
				1-4-49
				NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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 modified by the
				  School Election Law (Sections
				  1-22-1
				  to
				  1-22-19
				  NMSA 1978).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-2-1
				  NMSA 1978; Section
				  1-19A-1 to
				  1-19A-17 NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 2005 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 and return of unspent fund revenues; obtaining
				  qualifying contributions; certification of candidates; collection of revenues;
				  and return of fund disbursements and other money to the fund.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 Voter Action Act and is certified as a Voter
				Action Act candidate. An applicant candidate becomes a certified candidate upon
				submittal and the secretary of state determination under Sections
				1-19A-4 to
				1-19A-6 NMSA 1978.
C.
"Election cycle"
means the
				period beginning on January 1 after the last general election and ending on
				December 31 after the general election.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.8 - QUALIFICATIONS AND CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 contributions.
C. A candidate choosing to become a certified
				candidate may abide by Section
				1-19A-5 NMSA 1978 for
				obtaining seed money.
D. A
				candidate choosing to become a certified candidate shall abide by Section
				1-19A-6 NMSA 1978
				for submittal of certification documents. A candidate shall submit the
				qualifying contributions by a consolidated cashiers check or by cash.
E. The secretary of state shall determine
				whether an applicant candidate shall become a certified candidate pursuant to
				Section
				1-19A-6 NMSA
				1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.9 - DETERMINATION OF FUND DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
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 of Section
				1-19A-13
				NMSA 1978.
C. To determine the
				amount available for an uncontested primary election, the secretary of state
				shall follow Subsection C of Section
				1-19A-13
				NMSA 1978.
D. To determine the
				amount available for a contested general election, the secretary of state shall
				follow Subsection D of Section
				1-19A-13
				NMSA 1978.
E. To determine the
				amount available for an uncontested general election, the secretary of state
				shall follow Subsection E of Section
				1-19A-13
				NMSA 1978.
F. The Voter Action Act
				does not include judicial retention elections.