reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is the fair, efficient, and
				  uniform handling and disposition of complaints alleging violations of the
				  Revised Uniform Law on Notarial Acts by a notarial officer.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms apply to these rules unless their
				  context clearly indicates otherwise:
A.
"Adverse action"
means the
				denial of, revocation of, suspension of, or imposition of a condition on a
				notarial officer's authority to perform notarial acts.
B.
"Commission"
means the State
				Ethics Commission.
C.
"Complaint"
means an allegation of a violation of the Revised
				Uniform Law on Notarial Acts by a notarial officer.
D.
"Complainant"
means a person
				who files a complaint with the commission.
E.
"Director"
means the
				executive director of the commission or the executive director's
				designee.
F.
"Notarial
				act"
has the same meaning as that term is defined in Subsection F of
				Section 14-14A-2 NMSA 1978.
G.
"Notarial officer"
means a
				notary public or other individual authorized to perform a notarial
				act.
H.
"Respondent"
means a notarial officer alleged in a complaint to have violated the Revised
				Uniform Law on Notarial Acts.
I.
"Person"
means any individual or legal entity.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may
				submit a complaint against a notarial officer alleging an act or omission that,
				if proven, would justify denial, revocation, suspension, or the imposition of a
				condition on the notarial officer's authority to perform notarial acts. The
				complaint shall:
(1) provide the name and the
				address of the respondent who is the subject of the complaint;
(2) attach any supporting documentation
				related to the complaint's allegations;
(3) be submitted on a form provided by the
				commission or on a substantially equivalent form; and
(4) be submitted by electronic mail to
				ethics.commission@sec.nm.gov or by U.S. mail to the commission's mailing
				address.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.9 - NOTICE OF CONTEMPLATED ACTION; HEARINGS; ADVERSE ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. After investigating
				the complaint pursuant to
				1.8.5.8 NMAC, the director shall
				determine whether the facts and the law support taking an adverse action
				against the respondent.
(1) If the director
				determines that an adverse action against the respondent is not supported by
				the facts or the law, the director shall issue a notice to the complainant and
				the respondent that, subject to the Commission's approval, the Commission will
				dismiss the complaint.
(2) If the
				director determines that an adverse action against the respondent is supported
				by the facts and the law, the director shall send the respondent a notice of
				contemplated action. The notice of contemplated action gives formal notice that
				the commission may take an adverse action against the respondent. That notice
				shall inform the respondent that the respondent may defend against the
				contemplated action at a hearing before a hearing officer. The notice shall
				detail the process and rights afforded in an administrative hearing and shall
				be sent to the respondent in the manner provided by Paragraph (2) of Subsection
				C of 1.8.5.8 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 5 - COMPLAINTS AGAINST NOTARIES › Section 1.8.5.10 - APPEALS OF COMMISSION DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A final decision by the commission on a complaint may be
				  appealed pursuant to Rule 1-075 NMRA.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 5 - THE USE OF ALTERNATIVE BALLOTS FOR EMERGENCY VOTING PURPOSES (REPEALED) › Section 1.10.5.8 - EMERGENCY PROCEDURES AND FORM OF ALTERNATIVE BALLOT (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 6 - PARTY POSITION ON GENERAL ELECTION BALLOT › Section 1.10.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-10-8.1
				  and Section
				  1-2-1
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 6 - PARTY POSITION ON GENERAL ELECTION BALLOT › Section 1.10.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 28, 2018 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 6 - PARTY POSITION ON GENERAL ELECTION BALLOT › Section 1.10.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide the procedures to determine the order for
				  political parties for the partisan offices on the general election
				  ballot.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 6 - PARTY POSITION ON GENERAL ELECTION BALLOT › Section 1.10.6.8 - PROCEDURES FOR DETERMINING BALLOT POSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The names of the candidates of each
				political party qualified to participate in a general election shall be placed
				by party on the general election ballot in the order of preference as
				determined by lot at a drawing held for that purpose.
B. The secretary of state shall send notice
				to each chairperson of a qualified political party not less than two weeks
				prior to such drawing.
C. On the
				last Friday in the month of August in the year in which a general election is
				to be held, the state chairperson of each political party qualified to
				participate in the election, or a designated representative with written
				authorization by such chairperson, shall meet in the office of the secretary of
				state at a time specified in the notice. At this time, the chairperson, or the
				designated representative, shall proceed to draw by lot for the position of the
				chairperson's party on the general election ballot.
D. There shall be placed in a suitable
				container, capsules containing numbers one through the number that is
				equivalent to the total number of political parties participating in the
				general election. The number drawn by each chairperson, or chairperson's
				designated representative, shall determine the position on the general election
				ballot that the chairperson's party and the candidates of that party shall
				occupy, with number one being the first position on the ballot, number two
				being the second, number three being the third, and so on down the ballot until
				all parties are placed on the ballot. In the event no state chairperson or
				designated representative appears as notified for such drawing, the secretary
				of state shall draw on behalf of that political party.
E. The names of all unaffiliated candidates,
				or candidates who decline to state a party affiliation shall be printed on the
				ballot as "Independent" and shall be positioned on the ballot below or after
				candidates affiliated with a political party, if any. In the event two or more
				independent candidates run for the same office, their names shall be located on
				the ballot in alphabetical order.
F. If a person has filed to be a qualified
				write-in candidate for a particular office, a space shall be printed on the
				ballot after the listing of other candidates for that office pursuant to
				Section
				1-10-13
				NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the printing of names on ballots for all
				  elections conducted pursuant to the Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  1-8-21.1,
				  1-10-8.1,
				  and 1-22-3.1 NMSA 1978 of the Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 25, 2020, unless a later date is cited at the end of
				  a section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to provide a uniform system of
				  randomization of candidate names for the same office on the ballot in all
				  elections conducted pursuant to the Election Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Alphabet"
means the 26 Roman typeface letters of the standard
				alphabet used in the United States, without differentiation between upper case
				and lower case version of each letter.
B.
"Auditor"
means an auditor
				qualified by the state auditor to audit state agencies.
C.
"Candidate name"
and
"candidate's name"
means the name listed on the candidate's
				certificate of registration in conformance with the requirements of Subsection
				(A) of Section
				1-10-8
				NMSA 1978 and disregarding any punctuation forming a part of a candidate's
				name; provided that in the case of a ticket for the offices of president and
				vice president or of governor and lieutenant governor in a general election,
				only the name of the presidential or gubernatorial candidate is considered and
				the name of the vice presidential or lieutenant gubernatorial candidate is
				disregarded.
D.
"Election
				cycle"
the biennial time period described in Subsection (A), of Section
				1-1-3.1, NMSA
				1978.
E.
"First name"
means a candidate's given name or forename as listed on the candidate's
				certificate of voter registration.
F.
"Letter"
means each of the 26
				graphemes of the contemporary alphabet used in the United States: A, B, C, D,
				E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, and Z; provided
				that in the case of any of the letters specified in this definition to which a
				diacritic is applied, the diacritic is disregarded; and provided further that
				in the case of a digraph, each grapheme forming the digraph is considered a
				separate letter.
G.
"Last
				name"
means a candidate's surname or family name as listed on the
				candidate's certificate of registration in conformance with the requirements of
				Paragraph (1), of Subsection (A), of Section
				1-10-6
				NMSA 1978; the term includes a mononym in the case of a person with a single
				name.
H.
"Middle name"
means the initial, initials, name or names as listed on a candidate's
				certificate of registration in addition to a candidate's first and last names;
				the term includes a nickname or pseudonym, but does not include honorific,
				academic or elected titles.
I.
"New Mexico election alphabet"
means a version of the alphabet in
				which all letters have been randomized pursuant to this rule.
J.
"Secretary"
means the
				secretary of state.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.8 - CREATION OF THE NEW MEXICO ELECTION ALPHABET

Current through Register Vol. 35, No. 13, July 16, 2024
A. Between the day of a general election and
				the last day of that calendar year, the auditor shall publicly create a
				randomization of the alphabet utilizing a method in which each letter not yet
				selected has a statistically equal chance of being the next letter
				selected.
B. The secretary shall
				post notice on the secretary's website at least one week in advance, providing
				the day, time and place of the randomization of the alphabet.
C. The randomized alphabet created by the
				auditor shall be the New Mexico election alphabet for the next election
				cycle.
D. By January 10th of each
				odd-numbered year, the secretary shall post the New Mexico election alphabet.
				The agency website shall contain the current New Mexico election alphabet and
				an archive of all previous New Mexico election alphabets.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.9 - ORDER OF CANDIDATE NAMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				names of candidates for the same office shall be ordered based upon the first
				letter in each candidate's last name according to the order of letters in the
				New Mexico election alphabet.
B.
				When two or more candidates for the same office share the same first letter in
				each candidate's last name, the order of candidate names is resolved by
				applying the New Mexico election alphabet to each subsequent letter in each
				candidate's last name until a discernment can be ascertained between candidate
				names.
C. When two or more
				candidates for the same office share the same last name, the order of candidate
				names is resolved by applying the New Mexico election alphabet to each letter
				in each candidate's first name until a discernment can be ascertained between
				candidate names.
D. When two or
				more candidates for the same office share the same last and first names, the
				order of candidate names is resolved by applying the New Mexico election
				alphabet to each letter in each candidate's middle name, if any, until a
				discernment can be ascertained between candidate names.
E. When two or more candidates for the same
				office share the same candidate names, the order of candidate names is resolved
				in favor of the candidate with the higher card drawn on a day, time and
				location selected by the secretary and administered by the proper filing
				officer for the office for which the candidates have filed declarations of
				candidacy. The drawing of cards shall utilize a 52 card deck with jokers, face
				cards, and aces removed. With regard to the remaining 36 numbered cards, cards
				are ranked numerically from 2 low to 10 high, and if two cards with the same
				number are selected, suits are ranked with clubs lowest, diamonds low, hearts
				high and spades highest.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.10 - OFFICES WITH CANDIDATES DESIGNATED BY CONVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notwithstanding the New Mexico election
				alphabet, the names of candidates designated and certified by state convention
				pursuant to Section
				1-8-21.1
				NMSA 1978 shall be placed on the respective political party primary ballot in
				descending order of the vote received at the applicable state
				convention.
B. In the case of two
				or more candidates designated and certified by state convention who receive an
				equal number of votes, the order of names for those candidates on the
				respective political party primary ballot shall be determined using the New
				Mexico election alphabet and the order provided in 1.10.7.9 NMAC.
C. Names of candidates not designated or
				certified by state convention pursuant to Section
				1-8-21.1
				NMSA 1978 shall appear after all convention designated and certified candidates
				and shall be in the order provided in 1.10.7.9 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.11 - SELECTION OF AUDITOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least 90
				days prior to each general election, the secretary of state shall select an
				auditor to create the New Mexico election alphabet for the subsequent election
				cycle.
B. The auditor may be the
				same auditor contracted by the secretary pursuant to Section
				1-14-13.2
				NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 7 - RANDOMIZATION OF CANDIDATE NAMES ON BALLOTS › Section 1.10.7.12 - INITIAL NEW MEXICO ELECTION ALPHABET

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 31 days following adoption of this
				rule, the secretary shall select an auditor to create the initial New Mexico
				election alphabet.
B. The auditor
				shall publicly create a randomization of the alphabet utilizing a method in
				which each letter not yet selected has a statistically equal chance of being
				the next letter selected.
C. The
				randomized alphabet created by the auditor shall be the New Mexico election
				alphabet for the remainder of the current election cycle.
D. Once created, the secretary shall post the
				initial New Mexico election alphabet as soon as practicable on its
				website.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of the Secretary of State.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
motor vehicle division, commission for the blind, commission
				  for the deaf and hard of hearing, children youth and families department,
				  health department, human services department, veteran's service commission,
				  vocational rehabilitation division, all county clerk's offices and certain
				  state funded public libraries, universities and colleges.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
P.L.
				  103-31 The National Voter Registration Act of 1993
				  and
				  1-4-5.2.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 1997 [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 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide persons an opportunity to register to vote or make
				  a change to their voter registration when applying for services or assistance
				  at designated state agencies, armed forces recruitment offices or when applying
				  for or renewing driver's license or personal identification
				  documents.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Designated agency"
				means all offices in the state that provide public assistance, all offices in
				the state that provide state-funded programs primarily engaged in providing
				services to persons with disabilities. In addition each state shall designate
				other offices within the state which may include state or local government
				offices such as public libraries, public schools, offices of city and county
				clerks (including marriage license bureaus), fishing and hunting license
				bureaus, government revenue offices, unemployment compensation offices, and
				offices that provide services to persons with disabilities, federal and
				non-governmental offices, with the agreement of such offices.
B. "Mail voter registration application"
				means the application form prescribed by the federal election commission for
				the registration of voters in elections for federal office.
C. "Declination form" is the form used to
				offer a qualified elector the opportunity register to vote at a designated
				agency.
D. "Registration officer"
				means the county clerk or the clerk's authorized deputy.
E. "Registration agent" means a state or
				federal employee who provides voter registration at a state agency or any other
				individual who assists another person in completion of a voter registration
				application.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.8 - RULES AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				designated state agency shall advise any applicant for services that voter
				registration may be made simultaneously with an application for services. Voter
				registration forms shall be supplied by the office of the county clerk in the
				county where the agency is situated or located. County clerks must arrange for
				transmittal or collection of completed voter registration forms within ten (10)
				calendar days of completion. Each agency and county clerk's office
				participating in the voter registration program shall maintain sufficient
				records for the secretary of state to comply with federal reporting
				requirements. Any records maintained by the agency regarding voter registration
				activities by that agency are confidential and shall not be released as public
				records.
B. The specific procedures
				to be employed by each designated agency have been set forth in the following
				manuals: motor vehicle division voter registration agent manual (appendix A);
				New Mexico state agency voter registration agent manual (appendix B); public
				library voter registration agent manual (appendix C); and university and
				college voter registration agent manual (appendix D).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.9 - PROHIBITED ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A state employee providing the services specified in this
				  rule is prohibited from:
A. seeking to
				influence the political preference or party registration of a person
				registering to vote;
B. displaying
				any political preference or party allegiance;
C. making any statement to a person
				registering to vote or taking any action the purpose or effect of which is to
				discourage a person from registering to vote;
D. making any statement to a person
				registering to vote or taking any action the purpose or effect of which is to
				lead the person to believe that a decision to register or not to register has
				any bearing on the availability of services or benefits;
E. seeking or inducing any person to register
				to vote in any particular manner;
F. revealing the office at which a person
				registered to vote; and
G.
				revealing any information on voter registration or declination of voter
				registration for any purpose other than voter registration purposes.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.10 - MAIL REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
The state of New Mexico shall accept and use the mail voter
				  registration application, meeting all federal criteria, for the registration of
				  all voters in elections for federal office. The mail registration application
				  shall also be accepted for notification of change of address.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.11 - DECLINATION FORM

Current through Register Vol. 35, No. 13, July 16, 2024
Each agency that provides public assistance and state-funded
				  programs providing services to the disabled shall provide a "declination" form
				  to applicants which shall read in English and Spanish:
A.
form
B.
form in
				Spanish
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.12 - REQUIREMENTS FOR ADMINISTRATION OF VOTER REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
Valid voter registration applications from all participating
				  designated agencies and mail applications shall be accepted by county clerks
				  not later than 28 days prior to the election. Each county clerk shall provide
				  acknowledgement of the disposition of the application to the applicant.
Ineligible voters may be removed from the list of eligible
				  voters only by reason of:
A. the
				request of the registrant;
B. the
				death of the registrant;
C. change
				of residence outside the jurisdiction of the county clerk; as provided by state
				law in the case of criminal conviction or mental incapacity.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.13 - CONFIRMATION OF VOTER REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
The program conducted by the state of New Mexico to protect
				  the integrity of the electoral process shall be non-discriminatory and in
				  compliance with the Voting Rights Act of 1965 and shall not result in the
				  removal of any registered voter solely for failure to vote. All voter removal
				  programs shall be conducted in accordance with the National Voter Registration
				  Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.14 - FEDERAL COORDINATION AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A mail voter registration application form which shall
				  require only such information as necessary to enable the appropriate county
				  election officials to assess the eligibility of the applicant to register to
				  vote and county and state election officials to administer voter registration
				  and other parts of the election process. It shall include a statement
				  that:
A. specifies each eligibility
				requirement, including citizenship;
B. contains an attestation that the applicant
				meets such requirements; and requires the signature of the applicant under
				penalty of perjury;
C. if the
				applicant declines to register to vote, that declination shall remain
				confidential and will be used for voter registration purposes only;
				and
D. that if an applicant does
				register to vote, the office at which the applicant submits a voter
				registration application will remain confidential and be used for voter
				registration purposes only.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.15 - DESIGNATION OF CHIEF STATE ELECTION OFFICIAL

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary of state is the chief state election official
				  responsible for coordination of the state's responsibilities under the
				  act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.16 - PRIVATE RIGHT OF ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person who is aggrieved by a violation of the National Voter Registration Act
				may provide written notice of the violation to the office of the secretary of
				state. The secretary shall initiate an investigation to determine whether a
				violation occurred. If the secretary of state determines that a violation
				occurred, necessary steps shall be taken to correct this violation. If the
				violation is not corrected within 90 days of receipt, or within 20 days after
				the receipt of the notice if the violation occurred within 120 days before the
				date of an election for federal office, the aggrieved person may bring a civil
				action in an appropriate district court for declaratory injunctive relief with
				respect to the violation.
B. If the
				violation occurred within 30 days before the date of an election for federal
				office, the aggrieved date of an election for federal office, the aggrieved
				person need not provide notice to the office of the secretary of state before
				bringing a civil action.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 8 - PROCEDURES FOR STATE AGENCY BASED VOTER REGISTRATION UNDER THE NATIONAL VOTER REGISTRATION ACT › Section 1.10.8.17 - CRIMINAL PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person, including a registration officer or registration agent, who knowingly
				violates any provision of the National Voter Registration Act shall be fined in
				accordance with title 18 of the United States Code.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 9 - DECLARATION OF CANDIDACY; SUPREME COURT OR COURT OF APPEALS › Section 1.10.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any statewide primary election for the
				  New Mexico supreme court or the New Mexico court of appeals.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 9 - DECLARATION OF CANDIDACY; SUPREME COURT OR COURT OF APPEALS › Section 1.10.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  1-2-1
				  NMSA 1978; Section
				  1-10-8
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 9 - DECLARATION OF CANDIDACY; SUPREME COURT OR COURT OF APPEALS › Section 1.10.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the procedure for submission of nominating
				  petitions regarding candidates for positions on the supreme court and court of
				  appeals.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 9 - DECLARATION OF CANDIDACY; SUPREME COURT OR COURT OF APPEALS › Section 1.10.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Candidate" or "candidates" means an individual who seeks or
				  considers running for either supreme court justice or court of appeals
				  judge.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 9 - DECLARATION OF CANDIDACY; SUPREME COURT OR COURT OF APPEALS › Section 1.10.9.8 - DECLARATION OF CANDIDACY; NOMINATING PETITION; SUPREME COURT OR COURT OF APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
In making a declaration of candidacy and in seeking
				  nominating petition signatures, all candidates for the supreme court or court
				  of appeals shall designate the specific numeral position, as set forth in
				  1.10.10 NMAC, on the supreme court or court of appeals for which they seek
				  nomination. Failure to do so will result in the rejection of the candidate's
				  nominating petition signatures.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 10 - BALLOT POSITION; SUPREME COURT OR COURT OF APPEALS (REPEALED) › Section 1.10.10.8 - BALLOT POSITION; SUPREME COURT OR COURT OF APPEALS (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 11 - ORDER OF OFFICES ON THE BALLOT › Section 1.10.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-10-8
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 11 - ORDER OF OFFICES ON THE BALLOT › Section 1.10.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 12, 2016, 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 11 - ORDER OF OFFICES ON THE BALLOT › Section 1.10.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the order of offices and to standardize the
				  appearance of candidate names on the paper ballots in a primary or general
				  election.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 11 - ORDER OF OFFICES ON THE BALLOT › Section 1.10.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Judicial
				offices in partisan contest"
means the non-retention, partisan election
				of supreme court justice and judge of the court of appeals as well as district
				court judges (13 districts), magistrate court judges and metropolitan court
				judges.
B.
"Non-judicial
				state offices to be voted on at large"
means the governor, lieutenant
				governor, secretary of state, attorney general, state treasurer, state auditor
				and commissioner of public lands.
C.
"Other district offices"
means districted offices including the public regulation commissioner
				(five districts), public education commissioner (10 districts), and district
				attorneys (13 districts).
D.
"Other questions"
means those ballot questions to be placed on the
				ballot which are authorized by a law other than Section
				1-10-8
				NMSA 1978 including general obligation bonds, constitutional amendments, and
				other propositions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 11 - ORDER OF OFFICES ON THE BALLOT › Section 1.10.11.8 - ORDER OF OFFICES ON THE STATEWIDE BALLOT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The ballot used in the primary and general
				elections shall contain, when applicable, the offices to be voted on in the
				following order:
(1) president and vice
				president;
(2) United States
				senator;
(3) United States
				representative;
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 11 - ORDER OF OFFICES ON THE BALLOT › Section 1.10.11.9 - APPEARANCE OF NAME ON THE BALLOT

Current through Register Vol. 35, No. 13, July 16, 2024
A candidate's name appearing on the ballot shall be printed
				  as it appears on the candidate's certificate of registration, notwithstanding
				  the following:
A. The last name
				printed on the ballot must match the candidate's legal last name.
B. Academic, honorific, and elected titles
				will not be printed on the ballot.
C. Periods after initials will not be printed
				on the ballot.
D. Punctuation
				common to names, other than periods, will be printed on the ballot as it
				appears on the candidate's certificate of registration.
E. Only letters and punctuation utilized in
				roman typefaces will be printed on the ballot.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 11 - ORDER OF OFFICES ON THE BALLOT › Section 1.10.11.10 - CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR ON THE BALLOT

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the New Mexico state constitution Article 5,
				  Section 1, the governor and lieutenant governor shall be elected jointly by the
				  casting by each voter of a single vote applicable to both offices.
A.
Primary Election Ballot.
In
				the event that at least one candidate of the same major party fails to file or
				does not qualify for both the office of governor and lieutenant governor, then
				no candidate for either position shall appear on the primary election ballot
				for that party in order to comply with the New Mexico state constitution
				Article 5, Section 1.
B.
General Election Ballot.
In the event that at least one
				independent candidate or candidate for the same minor party fails to file for
				or does not qualify for both the office of governor and lieutenant governor,
				then no candidate for either position shall appear on the general election
				ballot for that party in order to comply with the New Mexico state constitution
				Article 5, Section 1. For example, if an independent candidate for governor
				files and otherwise qualifies for appearance on the ballot but no independent
				candidate files for lieutenant governor, then the candidate for governor shall
				not appear on the ballot.
C. If an
				odd number of independent candidates for governor and lieutenant governor file
				and otherwise qualify to appear on the general election ballot, the qualifying
				candidates may choose to designate one another, on a form prescribed by the
				secretary of state, in order to determine which candidates will appear on the
				general ballot in compliance with the New Mexico state constitution Article 5,
				Section 1. For example, if two independent candidates for governor file and
				otherwise qualify for appearance on the ballot and only one independent
				candidate for lieutenant governor files and otherwise qualifies for appearance
				on the ballot, two of the candidates would complete the prescribed form in
				order to designate one another to determine which one of the two candidates for
				governor will appear with the candidate for lieutenant governor on the general
				election ballot. Failure to designate, will result in the drawing by lot as
				described in subsection D.
D. As an
				alternative to subsection C, if the independent candidates for governor and
				lieutenant governor fail to designate one another, a drawing by lot will be
				conducted by the secretary of state to determine the candidates to appear on
				the general ballot. The drawing by lot will be conducted on the first Wednesday
				in the month of September in the year in which a general election is to be
				held.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to any election covered under the Election
				  Code, Section
				  1-1-19,
				  NMSA 1978 and the Special Election Act, NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Election Code, Section
				  1-2-1; Section
				  1-6-5.6; Section
				  1-6-16.1; Section
				  1-9-7.1; and Section
				  1-21A-8 NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 24, 2018 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 12 - ABSENTEE VOTING › Section 1.10.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures for
				  protecting the integrity, security and secrecy of the absentee ballot, to
				  establish procedures for establishing mobile alternate voting locations in
				  rural areas of the state, to establish procedures for electronic ballot
				  delivery of mailed ballots for visually impaired voters, and to establish
				  procedures for mailed ballot delivery to government official buildings
				  designated by Indian nations, tribes or pueblos.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.8 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application for a
				mailed ballot shall be made on the official form prescribed by the secretary of
				state, either on paper with an original signature or through the official
				electronic mailed ballot application portal. The form may not be altered, to
				include the pre-population of voter information, without prior approval from
				the secretary of state. Completed applications shall require the information
				specified in the Election Code, Section
				1-6-4 NMSA 1978.
B. Upon receipt of a mailed ballot
				application, the county clerk shall review it for completeness in accordance
				with the Election Code, Section
				1-6-5 NMSA 1978. When it is
				determined that the applicant does not have a valid certificate of registration
				on file in that county or the application is not completed or has incorrect
				information, the application shall be marked "rejected". The county clerk shall
				notify the applicant in writing of the reasons for rejection and include the
				internet address for the official electronic absentee application portal and
				may also include the paper form mailed ballot application.
C. An application by a federal qualified
				elector as defined in the Election Code, Section
				1-1-4.1 NMSA 1978, consists of one
				of the methods listed in the Election Code Section
				1-6B-3 NMSA 1978.
(1) The county clerk shall review each
				application by a federal qualified elector for completeness and compliance with
				the voter registration requirements prescribed in the Election Code, Section
				1-6B-5 NMSA 1978 and determine
				whether the requirements are met. The county clerk shall immediately notify the
				federal qualified elector if the application is rejected, to include the
				reasons for rejection, according to the applicant's preferred method of
				communication, pursuant to the Election Code, Section
				1-6B-7 NMSA 1978.
(2) An application for a mailed ballot or a
				military overseas ballot received by the office of the county clerk or
				secretary of state for a voter registered in a differing county shall be
				forwarded within 24 hours of receiving the application, or if received less
				than seven days before the election, shall be electronically transmitted to the
				appropriate county clerk.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 10 - ELECTIONS AND ELECTED OFFICIALS › Part 12 - ABSENTEE VOTING › Section 1.10.12.9 - ABSENTEE VOTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A voter
				shall have the right to vote by absentee ballot for all candidate contests and
				ballot questions as if the voter were casting the ballot in person at their
				election day polling place. Absentee voting is provided as follows:
(1) By mail - by completing and signing an
				application as provided in the Election Code, Section
				1-6-5 NMSA 1978 and received by the
				office of the county clerk, pursuant to the Election Code, Section
				1-6-10 NMSA 1978 during the regular
				hours and days of business.
(a) A voter who
				is required to present identification and has not done so at the time the
				voter's ballot is to be mailed to them, shall be sent a ballot that is
				processed as a provisional ballot, and shall include instructions on how to
				provide the required identification pursuant to the Election Code, Section
				1-4-5.1 NMSA 1978.
(b) A blind or visually impaired voter
				pursuant to the Election Code, Section
				1-9-7.1 NMSA 1978, may request an
				electronically transmitted ballot by completing an absentee application and
				executing a statement certifying blindness. The county clerk shall provide a
				mailed ballot through electronic transmission, enabling the use of one's
				personal nonvisual or low vision access technology to independently mark the
				ballot. The electronic transmission shall also include instructions on how the
				voter accesses the ballot, marks their selections, returns the ballot, as well
				as, the voter certificate as required in the Election Code, Subsection C of
				Section 1-6-8 NMSA 1978, which shall be
				completed, signed and included with the returned ballot, in the outer envelope.
(i) The secretary of state shall prescribe an
				official transmittal envelope such that the blind or visually impaired voter
				can distinguish it for the purposes of returning the mailed ballot.
(ii) Delivery of electronically transmitted
				ballots shall be by a computer system secured by intrusion detection and
				protection systems.