reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.10 - TABULATION FOR MULTIPLE WINNER ELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In any contest in which more than one
				officer position is conducted by ranked choice voting, the tabulation proceeds
				in rounds. If, in the initial tabulation, the number of continuing candidates
				is less than or equal to the number of offices to be elected, then all
				continuing candidates are elected and tabulation is complete. Otherwise, each
				round proceeds sequentially, until tabulation is complete, as follows:
(1) Each ballot shall count, at its current
				transfer value, for the highest-ranked continuing candidate on that ballot. If
				the sum of the number of elected candidates and the number of continuing
				candidates is equal to the sum of one and the number of offices to be elected,
				then the candidate with the fewest votes is defeated, all other continuing
				candidates are elected, and tabulation is complete.
(2) If at least one continuing candidate has
				more votes than the election threshold for the contest, then each such
				candidate is elected. Each ballot counting for an elected candidate is assigned
				a new transfer value by multiplying the ballot's current transfer value by the
				surplus fraction for the elected candidate, rounded down to four decimal places
				and ignoring any remainder. Each candidate elected under this subsection is
				deemed to have a number of votes equal to the election threshold for the
				contest in all future rounds. A new round begins with Paragraph (1) of
				Subsection A of this section.
(3)
				If no candidate is elected under Paragraph (2) of Subsection A of this section,
				then the continuing candidate with the fewest votes is defeated, and a new
				round begins with Paragraph (1) of Subsection A of this section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.11 - REPORTING OF RESULTS FOR RUNOFF ELECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The configuration of voting machine
				settings for a ranked choice or a top-two runoff election shall be determined
				by the secretary of state.
B. At a
				minimum, election results shall be posted online in the statewide reporting
				system.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.12 - TOP-TWO RUNOFF ELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If no
				candidate receives the percentage of votes required by the laws of the
				municipality to be elected in the first round of voting for the particular
				office in question, a runoff election shall be held no sooner than 21 days nor
				later than 45 days after approval of the report of the canvass of the election
				in question as now provided by the election code.
B. The top two candidates who receive the
				highest number of votes cast for the office in question shall automatically
				become the candidates at the runoff election. The top two candidates do not
				need to file declarations of candidacy for the runoff election.
C. If a top - two runoff election is required
				pursuant to this section, only the election day polling locations in the
				affected district, alternate polling locations in the affected district, and
				the county clerk's office are required to be open. It is up to the county
				clerk, in consultation with the municipal clerk, to determine if any other
				polling locations are to be opened during a top-two runoff election.
D. The automatic recount provisions under
				Paragraph (3) of Subsection A of Section
				1-14-24
				NMSA 1978, apply to the first round of voting, only when a candidate has
				received a percentage of votes required by the laws of the municipality to be
				elected or in a top-two runoff election. The automatic recount provisions are
				not applicable to the first round of voting, where two candidates receiving the
				greatest number of votes for an office will proceed to a top-two runoff
				election.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 14 - RANKED CHOICE VOTING AND TOP-TWO RUNOFF ELECTION › Section 1.10.14.13 - SEVERABILITY CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of this rule is declared unconstitutional by a
				  court of competent jurisdiction, the remaining parts shall survive in full
				  force and effect.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 15 - ALTERNATIVE AND ELECTION DAY VOTING ADMINISTRATION › Section 1.10.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the administration of all elections
				  conducted pursuant to the Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 15 - ALTERNATIVE AND ELECTION DAY VOTING ADMINISTRATION › Section 1.10.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Section
				  1-2-1
				  NMSA 1978 of the Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 15 - ALTERNATIVE AND ELECTION DAY VOTING ADMINISTRATION › Section 1.10.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 29, 2020, 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 15 - ALTERNATIVE AND ELECTION DAY VOTING ADMINISTRATION › Section 1.10.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide a uniform system of
				  handling and challenging mailed ballots consistent with the Election
				  Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 15 - ALTERNATIVE AND ELECTION DAY VOTING ADMINISTRATION › Section 1.10.15.9 - INTERPOSING ELECTION CHALLENGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A properly appointed challenger or member
				of the election board may interpose challenges only for the specific reasons
				outlined in Sections
				1-12-20
				and Subsection C of Section
				1-6-14
				NMSA 1978.
B. The election board
				shall allow a challenger to view the application to vote form, signature
				roster, precinct voter list, and the voting machine pursuant to Section
				1-2-23
				NMSA 1978. The county clerk and the presiding judge have the discretion
				regarding whether the signature roster or precinct voter list be provided in
				electronic or paper form, however, under no circumstance will a challenger be
				allowed to view a voter's full date of birth or any portion of the voter's
				social security number. A challenger may view a voting machine only before the
				polls are opened to ensure that the public counter is at zero, that the results
				tape contains no votes and that there are no voted ballots in the voting
				machine bins.
C. In accordance with
				Subsection C of Section
				1-6-14
				NMSA 1978, a challenger may view the official mailing envelope prior to the
				time that it is opened by the election board.
D. Challengers must conduct themselves in an
				orderly manner at all times. A challenger can be expelled from the precinct for
				unnecessarily obstructing or delaying the work of the election inspectors;
				touching ballots, election materials or voting equipment; campaigning; or
				acting in a disorderly manner.
E.
				Challenges may not be made indiscriminately or without good cause. Doing so
				constitutes disrupting a polling place.
F. Challengers do not have the authority to
				approach voters or talk to voters inside the polling location.
G. Challengers do not have the right to use
				video cameras or recording devices inside a polling location.
H. County clerks must ensure that they
				include training on the rules and statutes relating to interposing election
				challenges at their school of instruction for all election board
				members.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 15 - ALTERNATIVE AND ELECTION DAY VOTING ADMINISTRATION › Section 1.10.15.10 - ABSENT VOTER ELECTION BOARD; CHALLENGES; DISPOSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Challenges in front of the absent voter
				election board are handled in accordance with Subsections C and D of Section
				1-6-14
				NMSA 1978.
B. If a challenge is
				made in front of the absent voter election board, a designated election board
				member shall notate "challenged" on the absentee ballot envelope but the absent
				voter election board does not have to rule on the challenge at that time, and
				may do so when it is otherwise convenient.
C. If the challenge is unanimously affirmed
				by the absent voter election board, an election board member shall mark
				"affirmed" on the ballot envelope and mark "rejected" on the absent voter's
				record on the absentee register. A unanimously affirmed challenged ballot shall
				not be opened but placed in a container provided for challenged
				ballots.
D. If the reason for the
				challenge is satisfied by the voter before the conclusion of the county canvass
				or as part of an appeal, the voter's record on the absentee ballot register
				shall be changed from "rejected" to "accepted," the notation "challenge
				affirmed" on the absentee ballot envelope shall be crossed out and signed and
				dated by the presiding judge and the county clerk, and the official mailing
				envelope shall be opened and the vote counted by an election board convened by
				the county clerk. If the ballot is hand tallied it shall be recorded in the
				absentee by-mail hand tally counting group. If the ballot is tabulated by a
				voting tabulator, it shall be recorded in the absentee by-mail machine counting
				group. If the ballot is counted after the county canvass report has been
				adopted, the county canvass board shall reconvene to amend the report prior to
				the state canvassing board convening. If the county canvass board is unable to
				convene prior to the date of the meeting of the state canvassing board due to
				the date of the appeal, the county clerk shall provide the information to the
				secretary of state to present to the state canvassing board. The state
				canvassing board shall review and adopt the change to the county canvass report
				in lieu of the county canvass board reconvening, however, if the change results
				in a change to the winner of a single-county candidate contest or ballot
				question, the state canvassing board shall order the county canvassing board to
				reconvene to adopt the change to the county canvassing report.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 16 - BALLOT QUESTIONS › Section 1.10.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  1-16-7 and
				  1-2-1,
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 16 - BALLOT QUESTIONS › Section 1.10.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide uniform guidelines on
				  how state and local ballot questions are to appear on a
				  ballot.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 16 - BALLOT QUESTIONS › Section 1.10.16.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Ballot
				question"
means a question submitted to the voters of the state or a
				local government on a ballot pursuant to the provisions of the Election Code
				and does not include a candidate nomination, election contest or nonpartisan
				judicial retention election.
B.
"Form of ballot question"
means the final format of the ballot
				question as it will appear on the ballot.
C.
"Election official"
means
				either the county clerk or municipal clerk.
D.
"Local government ballot
				question"
means any:
(1) tax
				authorization for bond issues, mill levy or gross receipts tax, as provided by
				law;
(2) recall of county, school
				board or certain municipal officers, as provided by law or by municipal home
				rule charter;
(3) petition for the
				creation of a special district or consideration of a statutory local option, as
				provided by law;
(4) referendum on
				local government taxation authority, as provided by law;
(5) referendum on local government
				ordinances, as provided by the charter of a home rule municipality, by an
				incorporated or urban county, or otherwise provided by law;
(6) change in the laws of a home rule
				municipality, as provided by the municipal charter or by law;
(7) changes in the charter of an incorporated
				or urban county, as provided by the charter of the incorporated or urban county
				or by law; and
(8) other questions,
				as provided by state statute or the constitution of New Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 16 - BALLOT QUESTIONS › Section 1.10.16.8 - THE FORM OF BALLOT QUESTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The form of ballot question shall be stated as a question that seeks permission
				of the voters to accomplish an act with a legal consequence. The form of the
				ballot question shall contain such information necessary to give a reasonably
				prudent voter notice of the act proposed to be taken by the state or local
				government proposing the ballot question. The full text of the act, resolution,
				charter amendment, or ordinance itself is not part of the form of the ballot
				question and shall not be printed on the ballot.
B. The secretary of state shall approve the
				form of ballot question to be placed on a ballot.
C. The ballot question must be written in the
				form of a question, which must be answerable with a "Yes" or "No," unless
				otherwise required by state law. The ballot question must be styled in such a
				manner that an affirmative answer to the ballot question will indicate approval
				and a negative answer to the ballot question will indicate rejection.
D. The appropriate election official shall
				submit the proposed form of a ballot question to the secretary of state
				pursuant to Subsection B of Section
				1-16-3
				NMSA 1978. The proposed form of a ballot question shall include the required
				information in Subsection G of Section 1.10.16.8 NMAC. The proposed form of the
				ballot question need not contain language that amounts to an advisory question.
				When an election official submits a proposed form of a ballot question to the
				secretary of state, the election official must also submit the full text of the
				act, resolution, charter amendment, or ordinance. The proposed form of the
				condensed text for a ballot question must be received by the secretary of state
				at least 67 days before the election on which the ballot question shall
				appear.
E. The full text of the
				act, resolution, charter amendment, or ordinance shall be posted on the
				secretary of state's website for a state ballot question or, for a local
				government ballot question, on the proposing local government's website and be
				made available at the election official's office for inspection 10 days after
				the certification of the ballot question. The full text of the act, resolution,
				charter amendment, or ordinance may also be posted on the elections official's
				website.
F. A copy of the full text
				of the proposed ballot question shall be posted in every polling place in a
				location that is easily accessible to the voters.
G. Each ballot question shall appear on the
				ballot containing the following information:
(1) a question number
(2) a brief designation of the source of the
				question;
(3) a brief descriptive
				title in boldface type;
(4) the
				form of ballot question; and
(5)
				the voting choices available to the voter.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 16 - BALLOT QUESTIONS › Section 1.10.16.9 - BALLOT POSITION

Current through Register Vol. 35, No. 13, July 16, 2024
Ballot questions shall be printed on the ballot in the order
				  provided in Subsection D of Section
				  1-10-8
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 16 - BALLOT QUESTIONS › Section 1.10.16.10 - SEVERABILITY CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of this rule is declared unconstitutional by a
				  court of competent jurisdiction, the remaining parts shall survive in full
				  force and effect.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 18 - ADMINISTRATIVE COMPLAINT PROCEDURE › Section 1.10.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any statewide special election, general
				  election, primary election, county-wide election or election 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 18 - ADMINISTRATIVE COMPLAINT PROCEDURE › Section 1.10.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-2-1
				  NMSA 1978, Section
				  1-2-2.1
				  NMSA 1978, Public Law
				  107-252, The Help America Vote Act of 2002. The
				  issuing authority shall adopt rules for an administrative procedure for hearing
				  complaints on violations of Title III of the Help America Vote Act of 2002,
				  including provisions relating to voting system standards, provisional voting
				  procedures, voter registration procedures and operational standards of the
				  statewide voter registration system.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 18 - ADMINISTRATIVE COMPLAINT PROCEDURE › Section 1.10.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 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 18 - ADMINISTRATIVE COMPLAINT PROCEDURE › Section 1.10.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The Election Code (Section
				  1-1-1 through
				  1-24-4
				  NMSA 1978) was amended by Chapter 356, Laws 2003. The purpose of the amendment
				  is compliance with the provisions of
				  PL
				  107-252, effective October 29, 2002, which
				  requires New Mexico to establish a state-based administrative complaint
				  procedure to remedy grievances under Title III of the Help America Vote
				  Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 18 - ADMINISTRATIVE COMPLAINT PROCEDURE › Section 1.10.18.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined below, the terms used in these
				  procedures share the same definitions and meanings as the HAVA Act.
A.
"Administrative procedures"
means the procedures stated in this rule. These procedures will be available in
				alternative languages and formats.
B.
"Bureau"
means the New Mexico
				secretary of state's bureau of elections.
C.
"Complaint form"
means a
				template form created by the bureau that will be available in hard copy in
				county clerk's offices. A copy will also be made available by mail and
				available on the office of the secretary of state's website.
D.
"HAVA"
means the Help America
				Vote Act of 2002 ( Public
				Law 107-252 ).
E.
"HAVA Title III"
means the
				section of Public Law
				107-252 titled "Uniform and Nondiscriminatory
				Election Technology and Administration Requirements".
F.
"HAVA Title III violation"
means an act contrary to a party's statutory rights regarding voting systems
				standards, provisional voting procedures, voter registration procedures, and
				operational standards of the statewide voter registration system as found in
				NMSA 1978, Section
				1-2-2.1
				and HAVA Title III. It does not mean non-Title III election law matters, such
				as a candidate's ballot access or campaign reporting requirements.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 18 - ADMINISTRATIVE COMPLAINT PROCEDURE › Section 1.10.18.8 - INITIATING A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person who believes a HAVA Title III violation has occurred, is occurring, or
				is about to occur may file a written complaint, on the bureau's complaint form,
				that states the name of the alleged violator and a specific description of the
				alleged HAVA Title III violation.
B. The complaint must be signed and sworn or
				affirmed by the complainant and it must be notarized.
C. The complainant may check a box on the
				complaint requesting an on-the-record hearing or no hearing.
D. If the bureau determines that the
				complaint is incomplete, the bureau shall promptly notify the complainant who
				may be permitted to amend the complaint, in the sole discretion of the
				bureau.
E. If the bureau receives
				duplicative or repetitive complaints, the bureau may consolidate these for
				assessment, investigation and resolution purposes.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 18 - ADMINISTRATIVE COMPLAINT PROCEDURE › Section 1.10.18.9 - INVESTIGATION OF A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The bureau shall aspire to complete an initial investigation within thirty (30)
				days of the bureau's receipt of the complaint. If the complaint is made against
				the bureau, a representative of the district attorney shall aspire to complete
				an initial investigation within the same time period.
B. The investigation may include the
				following steps as deemed appropriate under the circumstances: sending an
				acknowledgement letter to the complainant; seeking a response from the election
				official against whom a complaint is made; providing the complainant with a
				copy of any response received from the election official against whom a
				complaint is made and give the complainant an opportunity to reply; engaging in
				informal resolution with the parties through a meeting, teleconference, or
				other means; or dismissing the complaint based on its clear failure to allege a
				Title III violation.
C. All written
				documents that are part of these administrative procedures, including the
				investigation, are public documents unless otherwise provided by law.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 18 - ADMINISTRATIVE COMPLAINT PROCEDURE › Section 1.10.18.11 - REMEDIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing officer
				shall make a final determination regarding the complaint within ninety (90)
				days after the complaint has been filed with the bureau unless the complainant
				agrees in writing to extend the deadline.
B. If a party, agency or hearing officer
				would like to extend the deadline, it must receive written approval from the
				complainant. If the complainant does not give approval, the complainant will
				automatically proceed to alternative dispute resolution as found in the New
				Mexico Governmental Dispute Act, NMSA 1978, Sections
				12-8A-1
				through
				12-8A-5. The
				office of the secretary of state, if not a party, must adopt the agreement
				reached by the parties to the alternative dispute resolution procedure within
				sixty (60) days after the complaint is referred to resolution.
C. The final determination shall be in
				writing and shall be sent by return receipt requested mail to the complainant
				and alleged violator.
D. The final
				determination may dismiss the case or provide a remedy appropriate to the
				violation. In no event shall the remedy involve either the payment of money to
				the complainant or a finding that an election official is subject to civil
				penalties. An appropriate remedy may include, but is not limited to any or all
				of the following: written finding that Title III has been violated; a plan for
				rectifying the particular violation, an assurance that additional training will
				be provided to election officials so as to ensure compliance with HAVA Title
				III and the New Mexico Election Code; and a commitment to better inform voters
				of their rights.
E. By posting a
				notice on its website and by distributing news releases as it deems
				appropriate, the office of the secretary of state shall publicize the results
				of its assessment and investigation of the complaint that results in a finding
				that a Title III violation has or has not occurred.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.2 - 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.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Section
				  1-2-1 and Section
				  1-6-9 NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide clear guidance and
				  uniform standards in the application, operation, and interpretation of the law
				  related to secured containers and mailed ballot delivery as prescribed by
				  Section
				  1-6-9
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Permanent
				ballot drop box"
means the same thing as "secured container," and the
				terms may be used synonymously.
B.
"Secured container"
means a permanent and secure receptacle, that
				meets the requirements of Subsection E of Section
				1-6-9 NMSA 1978, and is established
				by the county clerk whereby voters and those authorized to deliver a voted
				mailed ballot pursuant to Section
				1-6-10.1 NMSA 1978 may return an
				official mailing envelope to the election official from whom it was
				obtained.
C.
"Temporary
				ballot drop box"
means a secure receptacle supervised by election
				workers or county employees located inside the office of the county clerk, an
				alternate voting location, a mobile voting location, or election day voting
				location to collect official mailing envelopes dropped off pursuant to
				Subsection D of Section
				1-6-9 NMSA 1978.
D.
"Video surveillance"
means
				internet security systems or internet protocol cameras that use the internet by
				networking to send and receive data.
E.
"Sensors"
means a device
				which detects or measures physical property and records, and indicates, or
				otherwise responds to them.
F.
"Sensor alert"
means when a device detects events that are not
				part of the normal working environment and then sends signals to warn of
				abnormality.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.8 - CAPACITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To
				meet the requirement of Subsection E of Section
				1-6-9 NMSA 1978, which provides
				that all voters have the option to use a secured container to return official
				mailing envelopes, county clerks shall provide one ballot box per 25,000
				registered voters in the county with a minimum of two secured containers
				required per county. County clerks may request a waiver from the secretary of
				state to the minimum requirement set by the formula with consideration given
				for special geographic or security constraints.
B. Secured containers shall be located in a
				manner that provides the greatest convenience and accessibility to voters.
				County clerks may consider providing secured containers at main county or city
				office buildings. Other locations to consider include college campuses,
				libraries, community centers, and other public buildings with adequate
				accessibility, lighting, and network access to install the required video
				surveillance system.
C. When
				possible, secured containers should be placed in such a way to be accessible to
				voters with disabilities. For example, the secured container should be placed
				along an accessible path near an Americans with Disabilities Act compliant
				parking space. If there is no accessible pathway from the parking lot, there
				should be signs directing the voter to the nearest accessible secured
				container.
D. In accordance with
				Paragraph (1) of Subsection E of Section
				1-6-9 NMSA 1978, the county clerk
				shall set the days and times the secured containers are available. To maximize
				the convenience to the voters, the county clerk shall, whenever possible, make
				secured containers available for use by a voter 24 hours a day starting 28 days
				before an election and on election day.
E. A temporary ballot drop box shall be made
				available to drop off official mailing envelopes inside all in-person voting
				locations pursuant to Subsection D of Section
				1-6-9 NMSA 1978. This is to ensure
				that a dedicated receptacle is available to secure and isolate voted mailed
				ballots being returned to a voting location.
F. Only ballots secured in the absentee
				official mailing envelope placed inside of a permanent and temporary ballot
				drop box shall be counted. Under no circumstance should provisional ballots,
				hand tally sheets, or ballots voted in person be intermingled with voted mailed
				ballots collected in the drop boxes.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.10 - VIDEO SURVEILLANCE RECORD RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Video recordings shall operate during the
				start of absentee voting through election day for all elections conducted under
				the election code.
B. Video
				recordings shall be maintained as a record related to voting pursuant to the
				provisions of Section
				1-12-69
				NMSA 1978, except that recordings shall be retained beyond the normal retention
				period pending the resolution of any reported incident.
C. The relevant county clerk is responsible
				for maintaining all camera recordings, is the proper custodian of these
				recordings, and is responsible for fulfilling public record requests associated
				with these video recordings.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.11 - SECURED CONTAINER ELECTION PREPARATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to every election, county clerks shall conduct the
				  following preparations to ensure secured containers are available:
A. Provide notice to voters pursuant to
				Paragraph (1) of Subsection E of Section
				1-6-9
				NMSA 1978;
B. Recruit, hire, and
				train additional staff members to monitor, maintain, and collect
				ballots;
C. Plan daily driving
				routes for ballot collection;
D.
				Ensure video surveillance system is working properly;
E. Ensure adequate supplies are available
				including security seals, keys, chain of custody logs, and ballot transport
				containers; and
F. Inspect, clean,
				and otherwise ensure the secured container is in proper working order to
				receive ballots as soon as ballots are mailed.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.12 - TEMPORARY BALLOT DROP BOX REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A temporary ballot drop box shall be under
				the direct supervision of county clerk staff or election board
				member.
B. When not in use, a
				temporary ballot drop box shall be placed in an area that is inaccessible to
				the public and otherwise secured and safeguarded.
C. A temporary ballot drop box shall be
				secured and locked at all times. Only an election official, messenger, or
				someone designated to retrieve ballots shall have access to the keys or
				combination of the lock. In addition to locks, all temporary ballot drop boxes
				shall be sealed with one or more tamper-evident seals.
D. All temporary ballot drop boxes shall be
				emptied by the end of each day in accordance with a defined chain of custody
				process in Subsection D of Section 1.10.19.13 NMAC. Only personnel designated
				to retrieve the ballots may transport the retrieved ballots.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.13 - BALLOT RETRIEVAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to Paragraph (5) of Subsection E
				of Section 1-6-9 NMSA 1978, the county clerk,
				deputy county clerk, election board member or an appointed messenger shall
				collect the ballots from a secured container. One or more deputy county clerks
				may be hired by the county clerk on a temporary basis to fulfill this
				requirement for the time period in which a secured container is available for
				use. Only personnel designated to retrieve the ballots may transport the
				retrieved ballots.
B. The county
				clerk shall provide the approximate time the ballots will be collected from a
				secured container. Ballots shall be collected at least once every three days
				beginning 28 days prior to election day through 7:00 P.M. on election
				day.
C. Ballots shall be
				transported in a secure ballot transport container.
D. A chain of custody form shall be completed
				by the person collecting the ballots every time ballots are collected. A
				separate chain of custody form is required for each permanent or temporary drop
				box. The chain of custody form shall be prescribed by the secretary of state
				and shall include:
(1) the location of the
				drop box;
(2) date and time of
				arrival;
(3) number of ballots
				retrieved;
(4) security seal number
				when box is opened;
(5) security
				seal number when box is locked and sealed again;
(6) full name of the person retrieving the
				ballots; and
(7) any other
				observations of note to include any appearance of tampering or damage to the
				drop box.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 19 - SECURED CONTAINERS › Section 1.10.19.14 - REIMBURSEMENT BY THE SECRETARY OF STATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. County clerks may request reimbursement
				from the secretary of state for purchasing approved containers and supplies
				related to maintaining permanent and temporary ballot drop boxes.
B. Requests for reimbursement made to the
				secretary of state are required to be submitted in a manner prescribed by the
				secretary of state no later than 45 days after election day.
C. The secretary of state shall reimburse
				county clerks for all expenses deemed by the secretary of state to be in
				compliance with this section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all state agencies, county and local
				  government divisions that are subject to the New Mexico Election Code using
				  voting machines in elections for public office in New Mexico. This is a new
				  rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				First, Section
				1-9-1
				NMSA 1978 directs the Secretary of State to study, examine, and approve all
				voting machines used in elections for public office in New Mexico.
B. Second, Section
				1-9-14
				NMSA 1978 directs the Secretary of State to
(1) test and evaluate internal computers
				designed for the purpose of recording and tabulating votes within polling
				places in New Mexico;
(2) upon
				completion of all tests and examinations of all test reports, the Secretary of
				State shall make a written report of the results of the Findings of the
				Secretary of State's recommendations regarding the suitability and reliability
				of such equipment in the conduct of elections under the Election Code and the
				report shall be a public record; and
(3) the Secretary of State shall prescribe by
				regulation promulgated under the provisions of the State Rules Act
				specifications for internal computers designed for the purpose of providing a
				uniform system of internal computers for recording and tabulating votes within
				polling places.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
[May 8, 1984, filed May 9, 1984, 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 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to adopt standards for voting
				  machines to be used in elections for public office in New
				  Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Recording and
				tabulating"
equipment means a type of voting machine which is a single
				unit designed to permit a voter to "enter" the privacy booth of a voting
				machine and both cast his ballot on the machine and record the ballot as cast
				by the voter.
B.
"Vote
				tabulating"
equipment means a type of voting machine which is a single
				unit designed to count (record) the votes cast on a pre-printed ballot which is
				filled in by a voter casting his ballot on the pre-printed paper
				ballot.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.8 - FILING OF REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the requirements contained in Section
				  1-9-14
				  NMSA 1978, the Secretary of State contemporaneously with the filing of this
				  Regulation for the "Adoption of Voting Equipment Standards" has submitted a
				  "Report on Testing and Analysis of Electronic Voting Equipment and Adoption of
				  Voting Equipment Standards" to the State Records Center to be retained as a
				  public record.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.9 - STANDARDS FOR "RECORDING AND TABULATING" VOTING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The electronic voting machine shall be a
				"recording and tabulating" voting machine which has been submitted for testing
				and tested pursuant to Section
				1-9-14
				NMSA 1978.
B. The electronic voting
				machine shall be a computer (microprocessor) controlled direct electronic
				tabulation system.
C. The operating
				software shall be stored in a non-volatile memory "firmware" and shall include
				internal quality checks such as purity or error detection and/or correction
				codes. The firmware shall include comprehensive diagnostics to insure that
				failures do not go undetected.
D.
				The voting system shall be a battery back-up system that will, as a minimum,
				retain voter information and be capable of retaining and restoring processor
				operating parameters in the event of power failures.
E. The system shall have as a standard or as
				an option, software/hardware provisions for remote transmission of election
				results to a central location by a common carrier (telephone
				networks).
F. Subsistence, i.e.
				printer, power sources, microprocessor, switch and indicator matrices, etc.,
				shall be modular and pluggable. Electronic components shall be mounted on
				printed circuit boards. The unit shall be supplied with dust and moisture-proof
				cover for transportation and storage purposes.
G. Specifications:
(1) Operating temperature - 50°F to
				90°F.
(2) Storage temperature -
				O°F to 120°F.
(3) Humidity
				- 30% to 80% non-condensing.
(4)
				Line voltage - 115 VAC +/- 15%, 60 HZ.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.10 - STANDARDS FOR "VOTE TABULATOR" VOTING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The electronic voting machine shall be a
				"vote tabulator" voting machine which has been submitted testing and tested
				pursuant to Section
				1-9-14
				NMSA 1978.
B. The electronic voting
				machine shall be a computer (microprocessor) controlled direct electronic
				tabulation system.
C. The operating
				software shall be stored in a non-volatile memory "firmware" and shall include
				internal quality checks such as purity or error detection and/or correction
				codes. The firmware shall include comprehensive diagnostics to insure that
				failures do not go undetected.
D.
				The voting system shall be a battery back-up system that will, as a minimum,
				retain voter information and be capable of retaining and restoring processor
				operating parameters in the event of power failures.
E. Shall provide alpha/numeric printouts of
				the vote totals at the closing of the polls.
F. The machine shall have as a standard or as
				an option, software/hardware provisions for remote transmission of election
				results to a central location by a common carrier (telephone
				networks).
G. Subsistence, i.e.
				printer, power sources, microprocessor, switch and indicator matrices, etc.,
				shall be modular and pluggable. Electronic components shall be mounted on
				printed circuit boards. The unit shall be supplied with dust and moisture-proof
				cover for transportation and storage purposes.
H. Specifications:
(1) Operating temperature - 50°F to
				90°F.
(2) Storage temperature -
				O°F to 120°F.
(3) Humidity
				- 30% to 80% non-condensing.
(4)
				Line voltage - 115 VAC +/- 15%, 60 HZ.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.11 - APPROVAL OF "RECORDING AND TABULATING" VOTING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
The Secretary of State hereby approves the "recording and
				  tabulating" machine which meets the standards contained in Paragraph G above
				  [now
				  1.10.20.9
				  NMAC] above for use in elections for public office in New Mexico at polling
				  places where the voter votes in person on the voting machine during the period
				  polls are open. The Secretary of State also hereby approves the "recording and
				  tabulating" machine which meets the Standards contained in Paragraph G [now
				  1.10.20.9
				  NMAC] for absentee balloting.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.12 - APPROVAL OF "VOTE TABULATING" VOTING MACHINES

Current through Register Vol. 35, No. 13, July 16, 2024
The Secretary of State hereby approves the "vote tabulator"
				  voting machine which meets the standards contained in Paragraph H [now
				  1.10.20.10
				  NMAC] above for use to count absentee ballots or emergency paper ballots. This
				  type of equipment is not approved for use for voting in person at the polling
				  place on election day.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 20 - ADOPTION OF VOTING MACHINE STANDARDS › Section 1.10.20.13 - CONTINUED USE OF EXISTING VOTING EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The Secretary of State hereby approves and continues the
				  prior approval of the AVM fully mechanical, fifty column, print-a-matic, lever
				  type machines for use in all elections for public office in New Mexico during a
				  transition period.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 21 - VOTING SYSTEM ACQUISITION › Section 1.10.21.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State Board of Finance, 181 Bataan Memorial Building, Santa
				  Fe, NM