reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.10 - DISTRIBUTION OF FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Once the
				certification for candidates for the primary election has been completed, the
				secretary of state shall calculate the total amount of money to be distributed
				in the primary election cycle based on the number of certified candidates and
				allocations specified in 1.10.27.9 NMAC.
B. The secretary of state shall abide by
				Subsection F of Section
				1-19A-13
				NMSA 1978 if the total needs to be adjusted.
C. The secretary of state shall calculate the
				total amount of money to be distributed in the general election pursuant to
				1.10.26.9 NMAC and Subsection F of Section
				1-19A-13
				NMSA 1978.
D. If the allocation
				specified in Subsection F of Section
				1-19A-13
				is greater than the total amount available for distribution, then the amounts
				to be distributed to individual candidates shall be reduced pursuant to
				Subsection G of Section
				1-19A-13
				NMSA 1978.
E. The secretary of
				state shall abide by Section
				1-19A-14 NMSA 1978
				if the total needs to be adjusted due to the actions of a noncertified
				candidate.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.11 - FUND REVENUES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				legislature has set up the public election fund pursuant to Section
				1-19A-10
				NMSA 1978 governing the collection of revenues to provide for the
				fund.
B. A certified candidate
				shall return to the fund unspent fund revenues and any other relevant funds
				pursuant to Subsection E of Section
				1-19A-5, Subsections B
				to E of Section
				1-19A-7
				and Subsection D of Section
				1-19A-16 NMSA
				1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 27 - VOTER ACTION ACT › Section 1.10.27.12 - ELECTRONIC FUND TRANSFER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pursuant to Subsection I of Section
				1-19A-2 NMSA 1978, qualifying
				contributions may be accepted by the candidate via an electronic form of
				payment. The following kinds of electronic transactions may be accepted by the
				candidate: debit and credit card, direct bank to bank transfers or online or
				mobile payment services such as PayPal, Apple Pay, Google Pay, or Venmo.
B. The qualifying candidate may
				only accept a qualifying contribution made by a credit card or a debit card via
				the internet or where the card is not physically present if, at the time the
				qualifying contribution is made, the contributor provides the card security
				code assigned to and printed or imprinted on the card and the billing address
				associated with the card.
C. The
				candidate or their representative may accept an electronic fund transfer
				("EFT") but the qualifying contribution shall be kept separate from the
				candidate's bank account established pursuant to the Campaign Reporting Act. A
				dedicated bank account shall be created by the candidate's campaign committee
				to accept the electronic transfer of funds for purposes of collecting
				qualifying contributions.
D. The
				candidate shall collect a qualifying contribution receipt as is used for other
				forms of payment.
E. If the EFT
				service provider collects a transaction fee, the qualifying candidate shall
				provide an accounting of the transaction fee on the qualifying contribution
				receipt.
F. At the time of the
				qualifying appointment with the secretary of state, the qualifying candidate
				shall submit a check that includes all electronic payments received, payable to
				the public election fund. Based upon the information on the qualifying receipts
				and the total amount of the check, the secretary of state shall verify that the
				qualifying contributions minus any transaction fees have been accounted
				for.
G. Additionally, the
				qualifying candidate shall submit a separate check, payable to the public
				election fund, to reimburse the fund for any transaction fees deducted from the
				qualifying contribution by the EFT service provider. The qualifying candidate
				shall also report this expense as an expenditure of the campaign on the report
				required pursuant to the Campaign Reporting Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 30 - NATIVE AMERICAN VOTING › Section 1.10.30.1 - 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 30 - NATIVE AMERICAN VOTING › Section 1.10.30.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any special statewide election, general
				  election, primary election of 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 30 - NATIVE AMERICAN VOTING › Section 1.10.30.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Sections
				  1-2-1,
				  1-2-3,
				  1-6-5.6
				  and
				  1-6-5.8
				  NMSA 1978
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 30 - NATIVE AMERICAN VOTING › Section 1.10.30.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 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 30 - NATIVE AMERICAN VOTING › Section 1.10.30.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish procedures for
				  voting on Indian nation, tribe or pueblo lands in New Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 30 - NATIVE AMERICAN VOTING › Section 1.10.30.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Alternate
				site
means an alternate early voting location or mobile alternate voting
				location that is situated on the land of an Indian nation, tribe or pueblo as
				provided for in this rule.
B.
Ballot
means a paper ballot card that is tabulated on an optical
				scan vote tabulating system or hand tallied.
C.
Voter
means any person who
				is qualified to vote under the provisions of the constitution of New Mexico and
				the constitution of the United States and who is registered under the provision
				of the Election Code of the state of New Mexico.
D.
Costs
means the reasonable
				monetary fees set by New Mexico law for compensation of personnel who are
				necessary to run a Native American early voting location.
E.
Voting equipment
means a
				combination of mechanical, electromechanical or electronic equipment, including
				software and firmware required to program and control the equipment that is
				used to tabulate votes.
F.
Precinct board
means one presiding judge, one precinct official
				and one interpreter/language translator.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 30 - NATIVE AMERICAN VOTING › Section 1.10.30.8 - REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
Requests for alternate sites shall be made by the Indian
				  nation, tribe or pueblo in writing to the county clerk no later than the first
				  Monday in November of each odd-numbered year. The request shall specify the
				  location and proposed dates of the requested alternate site.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 30 - NATIVE AMERICAN VOTING › Section 1.10.30.9 - ACTION FOLLOWING RECEIPT OF A REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Location of alternate site.
An alternate site located on the land of an Indian nation, tribe or pueblo
				shall conform to the same requirements applicable to other alternate voting
				locations for early voting in the county, except as specified in Section
				1-6-5.8
				NMSA 1978 and this rule.
B.
Staffing of alternate site.
The county clerk shall provide one
				presiding judge, one precinct official and one federally mandated
				interpreter/language translator.
C.
Hours for operating alternate site.
Except as provided in this
				subsection, pursuant to Section
				1-6-5.7
				NMSA 1978, beginning on the third Saturday before election day, an alternate
				site shall be open for early voting for at least eight consecutive hours
				through the Saturday immediately preceding the election. A county clerk may
				request and the secretary of state may grant a modification of these hours of
				operation from the secretary of state because of a hardship arising from
				inadequate facilities, difficulties with making appropriate personnel available
				or other exigent circumstances, provided the county clerk justifies in writing
				to the secretary of state the need for a modification.
D.
Early voting procedures at alternate
				sites.
Except as otherwise provided by law, county clerks shall use the
				same procedures for voting at alternate sites that are used at early voting
				sites not situated on the land of an Indian nation, tribe or pueblo.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 30 - NATIVE AMERICAN VOTING › Section 1.10.30.10 - ALTERNATE SITES. RESPONSIBILITIES OF COUNTY CLERKS AND RESPONSIBILITIES OF SECRETARY OF STATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The county
				clerk shall provide all transportation, setup and maintenance of all voting
				equipment to be used in a Native American early voting location.
B. The secretary of state shall sustain the
				cost of all ballots, provide adequate voting equipment, and reimburse the
				equivalent cost for early voting site personnel designated in each respective
				county, which shall consist of one presiding judge, one precinct official and
				one interpreter/language translator. Said personnel shall be hired and
				supervised by the county clerk.
C.
				The county clerk shall execute a written agreement with the Indian nation,
				tribe or pueblo to provide early voting services, personnel and equipment on
				Indian lands. Such agreement shall indicate hours of operation, dates of early
				voting and location of the site for the county to maintain early voting
				locations on Indian lands. The agreement shall be approved by the secretary of
				state prior to the commencement of early voting.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 30 - NATIVE AMERICAN VOTING › Section 1.10.30.11 - VOTING SUPPORT FOR MEMBERS OF INDIAN NATIONS, TRIBES OR PUEBLOS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Voting
				materials in Native American languages.
County clerks in counties
				covered under
				42
				U.S.C. Section 1973aa-1a(b)
				shall provide all registration and voting notices, forms, instructions,
				assistance, and other information relating to the electoral process in the
				language or languages of the applicable Indian nation, tribe, or
				pueblo.
B.
Dissemination of
				voting information through the media.
If a minority language is
				historically unwritten, county clerks in counties covered under
				42
				U.S.C. Section 1973aa-1a(b)
				shall orally disseminate information relating to the electoral process,
				including voting procedures and ballot information, in the language of the
				applicable minority group through public service announcements on radio or
				television. The public service announcements shall be broadcast during daylight
				hours on radio and television stations available in the areas where the Indian
				nations, tribes or pueblos being targeted are located.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 31 - FINANCIAL DISCLOSURE REPORTING PROCEDURES › Section 1.10.31.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule applies to all persons required to file financial
				  disclosure statements in accordance with the Financial Disclosure Act, Chapter
				  10, Article 16A NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 31 - FINANCIAL DISCLOSURE REPORTING PROCEDURES › Section 1.10.31.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Section 10-16A-9 NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 31 - FINANCIAL DISCLOSURE REPORTING PROCEDURES › Section 1.10.31.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2022, 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 31 - FINANCIAL DISCLOSURE REPORTING PROCEDURES › Section 1.10.31.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the rule is to establish uniform procedures
				  for the filing of financial disclosure statements and clarify undefined
				  terms.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 31 - FINANCIAL DISCLOSURE REPORTING PROCEDURES › Section 1.10.31.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Business
				interest"
means any direct or indirect financial interest or financial
				obligation of $10,000 or more such as an owner, member, partner, lessor,
				investor, or shareholder in a business or where the filer is at risk of losing
				$10,000 or more.
B.
"Consulting"
means giving expert advice in professional,
				technical, financial, legal, and business matters.
C.
"Employer"
means a person or
				organization that hires and pays another person in exchange for work.
D.
"External complaint"
means a
				complaint filed by a person and not instituted by either the secretary of state
				or the state ethics commission.
E.
"Filer"
means the person obligated to file a financial disclosure
				statement.
F.
"Financial
				disclosure statement (FDS)"
means the pdf form prescribed by the
				secretary of state that is generated upon a filer filing a report in the
				electronic system provided by the secretary of state.
G.
"Income"
means money that a
				person receives in exchange for working, producing a product or service, or
				investing capital. For purposes of financial disclosure statements, per diem is
				considered income when it is deemed taxable by the Internal Revenue
				Service.
H.
"Income
				source"
means the broad categories as described pursuant Paragraph (2)
				of Subsection D of Section
				10-16A-3
				NMSA 1978.
I.
"Internal
				compliance violation"
means a violation of the Financial Disclosure Act
				identified by the secretary of state or the state ethics commission based on
				incomplete, misleading, false, or incorrect financial disclosure
				statement.
J.
"Major areas of
				specialization"
means the areas of law or consulting for which a person
				concentrates to earn an income.
K.
"State agency head"
means the principal officer of any executive
				or legislative agency receiving an annual appropriation in either Section 4 of
				the General Appropriations Act or an annual appropriations bill appropriating
				funds to legislative agencies.
L.
"Title"
means the name given to a position of employment by an
				employer.
M.
"Professional
				license"
means an official process, administered by a state-level
				authority, that is required by law for an individual to practice or work in a
				regulated profession.
N.
"Voluntary compliance
" means a filer's correction of all
				violations alleged in a complaint or a notification from the secretary of state
				or the state ethics commission of an internal compliance violation.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 31 - FINANCIAL DISCLOSURE REPORTING PROCEDURES › Section 1.10.31.8 - REQUIRED DISCLOSURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				proper filing officer for filing a FDS is the secretary of state. The secretary
				of state has prescribed the use of an electronic filing system which shall be
				used by all persons required to file a FDS. Paper form submissions will not be
				accepted.
B. Contact information
				(Section 1). The filer shall disclose the filer's full name, residential
				address, and mailing address on the FDS. If a filer is currently married, the
				filer shall disclose the full name of the filer's spouse on the FDS.
C. Current filing status (Section 2). The FDS
				shall disclose:
(1) if the filer is a
				candidate or public official, the name of the office held or sought and the
				start date of the first term of office held or sought;
(2) if the filer is a state agency head, the
				name of the agency and the first day the filer held the position of state
				agency head;
(3) if the filer is a
				member of a board or commission, the name of the board or commission and the
				first day the filer held the position as a board or commission
				member;
(4) if the filer is a
				member of the insurance nominating committee or member of the state ethics
				commission, the name of the commission and the first day the filer held the
				position on the commission; or
(5)
				if the filer is an employee of the state and is required to file pursuant to
				Subsection A of Section
				10-16A-4
				NMSA 1978, the name of the state agency and the first day the filer held a
				position at the state agency.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 31 - FINANCIAL DISCLOSURE REPORTING PROCEDURES › Section 1.10.31.9 - TIME OF FILING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A filer
				shall filed an amended FDS at any time to reflect a significant change in the
				filer's or filer's spouse's business and financial interests in the current
				calendar year.
B. A person holding
				a legislative or statewide office shall file a FDS in January of every year by
				January 31 at midnight.
C. A
				candidate for legislative or statewide office, that has not already filed a FDS
				in the same year, shall file a FDS with the secretary of state within three
				days of filing a declaration of candidacy. Pursuant to Subsection H of Section
				10-16A-2
				NMSA 1978, a candidate for legislative or statewide offices who does not file a
				FDS before the date for qualification of the person as a candidate shall be
				disqualified by the proper filing officer as a candidate.
D. A state agency head or board or commission
				member required to file a FDS, shall file within 30 days of being hired or
				appointed and by January 31 at midnight each year thereafter as long as the
				filer holds the same position.
E. A
				person who is required to file a FDS for more than one reason, for example the
				filer is appointed to multiple boards, shall only file one FDS upon the filer's
				first appointment and in January each year thereafter for as long as the filer
				maintains at least one position that requires a FDS. The filer shall list all
				positions held or offices sought on the filer's FDS.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 31 - FINANCIAL DISCLOSURE REPORTING PROCEDURES › Section 1.10.31.10 - RESPONSIBILITIES OF THE SECRETARY OF STATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary of state shall maintain
				training materials regarding compliance with the Financial Disclosure Act and
				the use of the electronic filing system used to file a FDS on the secretary of
				state's website.
B. If the
				secretary of state receives an external complaint about a person required to
				file under the Financial Disclosure Act or otherwise becomes aware of a
				potential violation or discrepancy, the secretary of state shall provide the
				filer ten business days to come into voluntary compliance with the Financial
				Disclosure Act before referring the matter to the state ethics
				commission.
C. The secretary of
				state shall notify the filer of an internal compliance violation and provide
				the person ten business days to correct the matter. If the filer responsible
				for the internal compliance violation does not correct the matter within ten
				business days of receiving a notice from the secretary of state, the secretary
				of state shall notify the state ethics commission and transmit to the state
				ethics commission any documents related to the internal compliance
				violation.
D. The secretary of
				state shall conduct annual reviews for compliance with the Financial Disclosure
				Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 33 - VOTE TOTALS BY PRECINCT › Section 1.10.33.2 - 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.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 33 - VOTE TOTALS BY PRECINCT › Section 1.10.33.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-2-1
				  NMSA 1978; Section
				  1-12-70,
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 33 - VOTE TOTALS BY PRECINCT › Section 1.10.33.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 15, 2010 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 33 - VOTE TOTALS BY PRECINCT › Section 1.10.33.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide procedures to secure
				  the secrecy of the ballot when reporting early and absentee vote totals by
				  precinct pursuant to the constitution of New Mexico, Article VII, Section 1 and
				  Section
				  1-12-70
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 33 - VOTE TOTALS BY PRECINCT › Section 1.10.33.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Absentee
				ballot"
means a method of voting by ballot, accomplished by a voter who
				is absent from the voter's polling place on election day.
B.
"Ballot"
means a paper ballot
				card that is tabulated on an optical scan vote tabulating system or hand
				tallied.
C.
"Early
				voter"
means a voter who votes in person before election day and not by
				mail.
D.
"Election"
means any special statewide election, general election, primary election or
				special election to fill vacancies in the office of United States
				representative.
E.
"Precinct"
means a contiguous and compact electoral area having clearly
				definable boundaries and complying with the Precinct Boundary Adjustment
				Act.
F.
"Voter"
means
				any person who is qualified to vote under the provisions of the constitution of
				New Mexico and the constitution of the United States and who is registered
				under the provisions of the Election Code of the state of New Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 33 - VOTE TOTALS BY PRECINCT › Section 1.10.33.8 - SECRETARY OF STATE AND COUNTY CLERK PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary of state shall notify the
				county clerks to report the results on election night as a total vote for each
				candidate or question by precinct, and not by the method voters have cast their
				ballots.
B. Following completion of
				the county canvass, the county clerks shall report to the secretary of state
				the voting data by precinct as required by Section
				1-12-70,
				NMSA 1978. This data is not a public record and shall not be released to any
				other person.
C. The secretary of
				state shall compile the voting data by precinct, as follows:
(1) in any precinct where fewer than 5 voters
				voted on election day, or by absentee ballot or as early voters, the total
				votes in that precinct shall be reported as a single total, and not by the type
				of method by which voters cast their ballot;
(2) in any precinct not described in
				Paragraph (1) of this subsection, the voting totals for each precinct may be
				reported by the type of method by which voters cast their ballot.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 34 - VOTING SYSTEMS STORAGE, CUSTODY AND MAINTENANCE › Section 1.10.34.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all counties in New Mexico using state
				  or county-owned voting systems in the conduct of elections held pursuant to the
				  provisions of the New Mexico Election Code (Chapter 1, Articles 1 through 24,
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 34 - VOTING SYSTEMS STORAGE, CUSTODY AND MAINTENANCE › Section 1.10.34.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-2-1
				  NMSA 1978; Section
				  1-9-7.6,
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 34 - VOTING SYSTEMS STORAGE, CUSTODY AND MAINTENANCE › Section 1.10.34.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 1, 2011 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 34 - VOTING SYSTEMS STORAGE, CUSTODY AND MAINTENANCE › Section 1.10.34.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide specifications for the
				  storage, custody and maintenance of voting systems used by New Mexico
				  counties.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 34 - VOTING SYSTEMS STORAGE, CUSTODY AND MAINTENANCE › Section 1.10.34.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Adequate
				security"
means security commensurate with the risk and the magnitude of
				harm resulting from the loss, misuse, unauthorized access to, or modification
				of, information.
B.
"Election
				officials"
means a group of people associated with election
				administration, including county clerk's staff, precinct board members, voting
				system technicians and those responsible for the installation, operation and
				maintenance of voting systems.
C.
"Primary election"
means the election held in each county of the
				state on the first Tuesday after the first Monday in June of each even-numbered
				year.
D.
"Storage
				facility"
means an enclosed, temperature-controlled structure, or
				portion of a structure, providing for secure storage and retrieval of state or
				county-owned voting systems.
E.
"Voting system"
means a system, whether state or county owned, as
				defined in Section
				1-9-1
				NMSA 1978, as it may be from time to time amended. A voting system does not
				include storage bins.
F.
"Voting system technician"
means any person who is trained and
				certified to program, inspect, properly store and troubleshoot voting
				systems.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 34 - VOTING SYSTEMS STORAGE, CUSTODY AND MAINTENANCE › Section 1.10.34.8 - SECURITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				storage facility used for county storage of voting systems shall employ a
				sign-in and sign-out sheet to document each individual entering or leaving the
				facility, to include election officials.
B. Unless located in a secure, locked area in
				the county clerk's office, the storage facility used for county storage of
				voting systems:
(1) shall be provided with an
				intrusion detection alarm system and a video surveillance system meeting ISO or
				ANSI standards; and
(2) shall be
				provided with exterior lighting of sufficient intensity to afford observers
				immediate recognition of illegal acts such as breaking and entering or
				unauthorized removal of equipment during non-working hours; switches for
				exterior lights shall be installed only in the interior of the building;
				exterior lights shall be protected from damage or replaced if damaged within 72
				(seventy-two) hours of such occurrence; and
(3) shall have access doors for the storage
				facility constructed of materials that will render forcible entry extremely
				difficult in a period of 5 minutes;
(4) in addition, the county clerk shall limit
				unescorted access to the storage facility to election officials, individuals
				authorized by the county clerk and those individuals permitted access under the
				provisions of the New Mexico Election Code (Chapter 1, Articles 1 through 24,
				NMSA 1978); and
(5) the county
				clerk and county clerk staff shall have unlimited access to the storage
				facility and access shall not be controlled by any third party.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 34 - VOTING SYSTEMS STORAGE, CUSTODY AND MAINTENANCE › Section 1.10.34.9 - ENVIRONMENTAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Voting systems shall be stored at a temperature range from 32° to 100°
				fahrenheit with humidity levels from 40-55%, except for brief seasonal
				variations.
B. The storage facility
				shall be free of debris, dust, vermin and vibration, not to exceed federal
				standards for voting systems.
C.
				Voting systems shall be provided with dust and moisture proof covers.
D. Voting systems which are stacked for
				storage shall not exceed manufacturers' height recommendations for
				stacking.
E. The storage facility
				shall be provided with sufficient electrical power to permit simultaneous
				battery charging of all voting systems stored at the facility.
F. The board of county commissioners shall be
				responsible for the costs of the environmental requirements associated with
				properly storing state-owned voting systems in the custody of the county
				clerk.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 34 - VOTING SYSTEMS STORAGE, CUSTODY AND MAINTENANCE › Section 1.10.34.10 - MAINTENANCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				County clerks and county voting machine technicians shall be responsible for
				keeping all machines free of dust, adjustment of wheels and screws on the
				outside of the voting system and performing other maintenance as trained and
				directed by the secretary of state.
B. County clerks and county voting machine
				technicians shall be responsible for ensuring that all machines are stored with
				a full battery charge and recharged according to the schedule recommended by
				the manufacturer or vendor.
C.
				County clerks and county voting machine technicians shall be responsible for
				ensuring that all removable storage media devices have a sufficient supply of
				replacement batteries.
D. The
				secretary of state shall contract with a company authorized to perform
				intensive maintenance between 100 and 45 days prior to each primary
				election.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 35 - VOTER RECORDS SYSTEM › Section 1.10.35.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the uniform operation and maintenance of
				  the statewide computerized voter registration system in each of the 33 county
				  clerk offices of New Mexico and the office of the secretary of state
				  (SOS).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 35 - VOTER RECORDS SYSTEM › Section 1.10.35.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Election Code, Sections
				  1-2-1,
				  1-4-18.1
				  and Subsection C of
				  1-5-31
				  NMSA 1978, Public Law
				  103-31, The National Voter Registration Act of
				  1993; Public Law
				  107-252, The Help America Vote Act of 2002. The
				  issuing authority shall issue rules to establish and administer the statewide
				  computerized voter registration system and to require deadlines and timelines
				  for the updating of voter files and shall adopt rules establishing a uniform
				  and nondiscriminatory process to match the information contained in the voter
				  registration election management system with the database of the motor vehicle
				  division of the taxation and revenue department (TRD) or the federal social
				  security administration for electronic certificates of
				  registration.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 35 - VOTER RECORDS SYSTEM › Section 1.10.35.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
3-15-2012, 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 35 - VOTER RECORDS SYSTEM › Section 1.10.35.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The Election Code was amended by Chapter 270, Laws 2005. The
				  purpose of the amendment is to require the secretary of state to adopt such
				  rules as are necessary to establish and administer the statewide computerized
				  voter registration system and to require timelines for the updating of voter
				  files. It is also the objective of this rule to provide for uniform
				  administrative practices to carry out the provisions of the Election
				  Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 35 - VOTER RECORDS SYSTEM › Section 1.10.35.10 - VOTER RECORDS REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All requesters of voter file data or public service requests shall complete the
				affidavit of authorization prescribed by the secretary of state.
B. The secretary of state shall develop a
				uniform fee schedule for data recording media, voter data, voter lists, special
				voter lists, precinct lists, printed labels, and early and absentee daily
				voting reports. County clerks may require a deposit for any data
				requested.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 35 - VOTER RECORDS SYSTEM › Section 1.10.35.11 - PROTECTION AND ACCEPTABLE USE OF THE ELECTRONIC VOTER FILE SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Sections
				  1-4-5.5
				  to -5.6, and
				  1-4-50
				  NMSA 1978, the SOS and county clerk offices shall take measures to minimize the
				  risk of unauthorized disclosure, unauthorized acquisition, unauthorized access
				  or other situation that would provide access to voter registration records
				  outside what is allowable by law. Measures shall include:
A. All user names and passwords shall be kept
				confidential by each authorized user of the statewide voter registration
				system.
B. The SOS and county clerk
				offices shall disable all user accounts immediately upon the effective date of
				resignation or termination of an employee from the respective office.
C. The SOS and county clerk shall conduct an
				audit at least annually of the user permissions of each authorized user within
				their respective office to ensure each authorized user has the minimal roles
				assigned in order for the user to perform his/her job functions.
D. The SOS and county clerk offices shall
				conduct an audit of authorized user accounts at least monthly to ensure the
				user account database is accurate.
E. The SOS and county clerk offices shall
				take reasonable measures to restrict access to voter registration data, both in
				electronic and paper form, except as required by the authorized user to perform
				his/her job functions.
F.
				Authorized users of the statewide voter registration system shall not use the
				system for any other purpose except as authorized by statute and defined by
				his/her job functions within the office.
G. The SOS and county clerk is prohibited
				from using unencrypted email to transport voter registration information that
				includes SSN.
H. Data exports
				created from the statewide voter registration system shall be stored in a
				protected location and shall be permanently deleted once they are no longer
				needed and can only be exported to work owned computers or devices within the
				SOS or county clerk offices.
I The
				SOS and county clerk offices shall ensure that antivirus, antimalware, and an
				operating system patching program is maintained on all computers that access
				the statewide voter system.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 35 - VOTER RECORDS SYSTEM › Section 1.10.35.12 - USE OF GOVERNMENTAL AND OFFICIAL BUILDING AS MAILING ADDRESSES ON VOTER REGISTRATION CERTIFICATES

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 use for mailing addresses
				on voter registrations for members of that Indian nation, tribe or pueblo. The
				written request must comply 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 shall 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 election mail 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
				election mail in a locked and number-sealed ballot box or envelope.
D. The secretary of state shall respond in
				writing within 60 days of the request.
E. An approved designation will take effect
				at the general election or regular local election of the year in which the
				request was approved.
F. Election
				mail shall only be provided to the voter to whom it is addressed. The lead
				person(s) charged with the oversight of election mail at the building shall
				maintain a log of election mail that includes:
(1) the location of the officially designated
				building
(2) date and time of
				arrival of the election mail
(3)
				printed full name of the voter retrieving the mail
(4) signature of the voter retrieving the
				mail
(5) printed full name of the
				person providing mail to the voter
(6) signature of the person providing the
				ballot to the voter
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 36 - ELECTION FUND GRANTS, REIMBURSEMENTS AND REPORTING › Section 1.10.36.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any statewide elections required by the
				  Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 36 - ELECTION FUND GRANTS, REIMBURSEMENTS AND REPORTING › Section 1.10.36.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  1-11-19 NMSA 1978; Section
				  1-2-1 NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 36 - ELECTION FUND GRANTS, REIMBURSEMENTS AND REPORTING › Section 1.10.36.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2023, 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 36 - ELECTION FUND GRANTS, REIMBURSEMENTS AND REPORTING › Section 1.10.36.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the procedure for election grants,
				  reimbursements and reporting between the secretary of state and county clerks
				  for the purposes of paying the costs of conducting and administering statewide
				  elections required by the Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 36 - ELECTION FUND GRANTS, REIMBURSEMENTS AND REPORTING › Section 1.10.36.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Compensation
				for poll workers, election board members, and messengers"
means the
				compensation to members of an election board on Election Day and members of an
				election board and messengers assigned to alternate voting or alternate mobile
				voting locations or absent voter precincts, provided that:
(1) Election board members on Election Day
				shall be compensated up to $400 pursuant to Section
				1-2-16 NMSA 1978. Compensations for
				training provided prior to Election Day is not subject to the $400 statutory
				limitation.
(2) Members of an
				election board and messengers assigned to alternate voting or alternate mobile
				voting locations, monitored secured containers, or absent voter precincts shall
				be compensated no less than the minimum wage of the state of New Mexico and no
				more than double the minimum wage of the state of New Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 36 - ELECTION FUND GRANTS, REIMBURSEMENTS AND REPORTING › Section 1.10.36.8 - MEMORANDUMS OF UNDERSTANDING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The secretary of state shall provide memorandums of understanding (MOUs) to
				each county for the granting of funds to cover eligible expenses for a
				statewide election at least ninety days prior to election day.
B. The secretary of state and county clerks
				shall finalize and sign MOUs at least 60 days prior to Election Day.
C. Should a MOU between the secretary of
				state and a county clerk fail to be finalized 60 days prior to an election,
				counties shall only be reimbursed for eligible expenses as outlined in 1.10.36
				NMAC and will only be reimbursed upon finalization of an executed
				MOU.
D. The secretary of state is
				not responsible for entering into MOUs for the administration of the municipal
				officer election occurring in even-numbered years. However, county clerks may
				finalize and sign MOUs with municipalities participating in those
				elections.
E. The secretary of
				state is not responsible for entering into MOUs for the administration of
				special elections. However, county clerks may finalize and sign MOUs with local
				public bodies participating in those elections.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 36 - ELECTION FUND GRANTS, REIMBURSEMENTS AND REPORTING › Section 1.10.36.9 - ADDITIONAL AND INELIGIBLE EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If election costs incurred to a county
				exceed the initial amount provided through a MOU, the county may request
				reimbursement no later than 45 days after a statewide election using a
				prescribed form provided by the secretary of state with a description detailed
				enough to directly associate the expense to the election. Additional costs are
				not guaranteed to be reimbursed but shall be reimbursed by the secretary of
				state if they are determined to be eligible expenses as outlined in
				1.10.36.7 NMAC.
B. The secretary of state shall not reimburse
				ineligible expenses. The secretary of state shall utilize historical data
				including voter turnout to make determinations regarding eligibility of
				expenses.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 36 - ELECTION FUND GRANTS, REIMBURSEMENTS AND REPORTING › Section 1.10.36.10 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				county clerk shall file a report of expenditures with the secretary of state no
				later than 45 days after a statewide election for timely reimbursement and/or
				accounting. The report shall include an official form provided by the secretary
				of state as well as descriptions with a description detailed enough to directly
				associate the expense to the election with line-item reporting of expenditures
				incurred such that the secretary of state can reconcile each expense by
				counties during the election.
B.
				County clerks shall return any unused funds via physical check made out to the
				office of the secretary of state no later than 45 days after a statewide
				election.
C. If a county clerk does
				not file expenditure reports by the deadline established in Section A of
				1.10.36.10 NMAC, the county shall
				be reimbursed after a report is filed and as funds become available for
				reimbursement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 37 - PUBLIC OFFICIAL HOME ADDRESS CONFIDENTIALITY › Section 1.10.37.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  1-2-1 NMSA 1978; Section
				  10-16A-9 NMSA 1978; Chapter 39 of
				  New Mexico Laws of 2023