New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.12 - VOTING TABULATOR PROGRAMMING, CERTIFICATION, CUSTODY AND SECURITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each certified
				voting tabulator designated for use during an election, shall be programmed,
				tested for accuracy and used for the tabulation of ballots in accordance the
				Election Code, Section
				1-9-1 to
				1-9-22 NMSA 1978.
(1) Official tabulator envelopes for each
				voting tabulator shall be prepared and shall contain the tabulator serial
				number, seal number, a printed and signed results reporting tape indicating the
				clearing of any votes recorded on the tabulator's removable storage media
				device cartridge and set at zero, and any keys or tokens needed to access,
				operate and secure the tabulator. Such envelopes shall be provided to the
				presiding judge of the alternate voting location or mobile alternate voting
				location.
(2) At least one day
				before each voting tabulator is deployed for mailed ballot tabulation and early
				voting, the county clerk shall provide the voting tabulator type and serial
				number to the secretary of state and the county chair of each political party
				represented on the ballot.
(a) Each certified
				voting tabulator deployed to an alternate voting location or mobile alternate
				voting location shall be transported with the care and custody set out in the
				Election Code, Section
				1-9-12 NMSA 1978, delivered in
				accordance with the Election Code, Section
				1-11-11 NMSA 1978 and shall be
				secured by a lock, key and seal.
(b) The placement of each voting tabulator
				used for absentee or early voting shall safeguard the secrecy of each voted
				ballot, protect the security of the voting tabulator and shall be compliant
				with accessibility requirements of the Americans with Disabilities
				Act.
(3) Each day during
				the early voting period, the county clerk or election board member shall, in
				the presence of one other county clerk employee or election board member,
				unlock the office where the voting tabulator, ballot box, preprinted paper
				ballots or voting systems needed to issue ballots are located and unlock the
				voting tabulator, ballot box or other container securing preprinted paper
				ballots or voting systems needed to issue ballots.
(4) Each day upon close of the early voting
				location, the above procedure shall be followed to lock and secure the voting
				tabulator, ballot box or other container securing preprinted paper ballots or
				voting systems needed to issue ballots.
(5) Assigned user names and passwords needed
				to access voting systems used to issue ballots or the voting tabulator shall
				not be shared or disclosed to any person other than the intended
				user.
(6) Immediately after
				unlocking or locking the early voting location, the county clerk or election
				board member present shall complete and sign the early voting daily report and
				shall submit it to the office of the secretary of state for the previous day's
				activity. Any discrepancy between the daily number of ballots issued and the
				number of ballots cast shall be reconciled prior to the submission of the early
				voting daily report.