Notices, Preparation for Elections and Election Supplies

NMSA 1978 ch. 1, art. 11

in effect

NMSA 1978, § 1-11-1 Notice of election

1-11-1. Notice of election The county clerk shall, at least twenty-one days prior to a statewide election, give notice of the election. 1953 Comp., § 3-11-1, enacted by Laws 1969, ch. 240, § 211; 2019, ch. 212, § 106.

NMSA 1978, § 1-11-2 Notice of election; contents

1-11-2. Notice of election; contents The notice of election shall, as applicable: A. give notice of the election; B. set forth the purpose of the election; C. list the ballot question or questions to be voted on by voters of any precinct of the county other than those questions that have been published by the secretary of state; D. list the final day and time when absentee or mailed ballots will be accepted by the county clerk; and E. for a statewide election: (1) list the offices to be filled by voters of any precinct of the county; (2) list all qualified candidates for those offices whose names shall appear on the ballot and, except in the case of a regular local election, list their party affiliation; (3) list all qualified candidates for nonpartisan judicial retention; (4) list all qualified declared write-in candidates for each of the offices to be filled; and (5) give the address or location and the hours of operation where the election is to be held at: (a) the office of the county clerk; (b) each alternate voting location and mobile alternate voting location; and (c) each election day polling place. 1953 Comp., § 3-11-2, enacted by Laws 1969, ch. 240, § 212; 1991, ch. 105, § 19; 2011, ch. 137, § 73; 2019, ch. 212, § 107.

NMSA 1978, § 1-11-3 Notice of election; publication; posting

1-11-3. Notice of election; publication; posting A. The notice of election shall be published at least once, not more than twenty-one nor less than seven days before election day. B. The notice of election shall be published in a legal newspaper as provided in Section 14-11-2 NMSA 1978. C. If no legal newspaper is published in the county, the notice of election shall be published in a legal newspaper of general circulation in the county. D. The county clerk shall post the notice of election beginning no later than twenty days before the election. The county clerk shall also place on the county website the proclamation for the election or provide a link to the proclamation posted on the secretary of state's website. E. The notice of election shall be printed in English and Spanish. F. The notice of election shall be broadcast on a radio station in the appropriate Native American languages in those counties affected by the federal Voting Rights Act of 1965, as amended. 1953 Comp., § 3-11-3, enacted by Laws 1969, ch. 240, § 213; 1977, ch. 124, § 6; 1991, ch. 105, § 20; 2019, ch. 212, § 108.

NMSA 1978, § 1-11-4 Notice of election; errors and omissions

1-11-4. Notice of election; errors and omissions A. The county clerk may amend the notice of election between the time of its issuance and the day of election to provide for any corrections or to supply any omissions. B. Upon petition of any voter that an error or omission has occurred in the notice of election, the district court may forthwith order the county clerk to correct the error or to supply the omission or immediately show cause why the error should not be corrected or the omission should not be supplied. 1953 Comp., § 3-11-4, enacted by Laws 1969, ch. 240, § 214; 2019, ch. 212, § 109.

NMSA 1978, § 1-11-4.1 Voter notification

1-11-4.1. Voter notification A. At least forty-two days prior to each statewide election, the secretary of state, on behalf of each county clerk, shall mail a voter notification of the election. The voter notification shall include: (1) the date and purpose of the election; (2) an internet address where a voter may apply for a mailed ballot; (3) a telephone number where a voter may call to request the paper form of the mailed ballot application; (4) a list of the days and times and addresses of early voting locations and voter convenience centers where a voter may vote in person; and (5) a list of the locations of monitored secured containers where a voter may return a mailed ballot. B. At least forty-nine days prior to each special election, the county clerk shall mail a voter notification of the election. The voter notification shall include: (1) the date and purpose of the election; (2) notification that the election will be conducted by mail and that no polling places will be available for the special election; (3) the deadline for voted mailed ballots to be received by the county clerk and the recommended deadline to deposit the voted mailed ballot with the United States postal service for return by mail, which shall be seven days before the election; (4) the address and the telephone number of the county clerk's office for a voter requiring a replacement ballot or returning a mailed ballot; and (5) a list of the monitored secured containers where a voter may return a mailed ballot. C. The voter notification shall be sent to each voter, except the voter notification shall not be sent to a voter whose: (1) election mail has been returned as undeliverable and who has not updated the voter's certificate of registration with a new address; (2) ballot is delivered pursuant to the provisions of the Uniform Military and Overseas Voters Act [Chapter 1, Article 6B NMSA 1978]; (3) ballot is delivered pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act [1-6C-1 to 1-6C-9 NMSA 1978]; or (4) ballot, in a statewide election, is delivered pursuant to the provisions of Section 1-6-22.1 NMSA 1978. 1978 Comp., § 1-11-4.1, enacted by Laws 2023, ch. 39, § 61.

NMSA 1978, § 1-11-5 Voting device; preparation; certification

1-11-5. Voting device; preparation; certification A. Forty-two days before the election, the county clerk may begin to prepare, inspect, certify and seal electronic voting machines that are to be used in the election, and such preparation, inspection, certification and sealing shall continue until all machines are prepared, inspected, certified and sealed. The process of preparing, inspecting, certifying and sealing electronic voting machines shall be open to observation by the public. B. The county clerk shall certify to the secretary of state and the county chair of each political party represented on the ballot the type and serial number of each voting machine to be used. 1953 Comp., § 3-11-6, enacted by Laws 1969, ch. 240, § 215; 1981, ch. 137, § 1; 1985, ch. 207, § 24; 2011, ch. 137, § 74; 2023, ch. 39, § 62.

NMSA 1978, § 1-11-6 Voting machines; manner of preparing

1-11-6. Voting machines; manner of preparing When preparing, inspecting and sealing voting machines, the county clerk shall: A. certify to the secretary of state and the county chair of each political party participating in the election the type and serial number of each voting machine intended to be used in each polling location, by precinct number, where applicable; B. prepare, in the presence of those persons entitled to be present, the electronic voting machines for the election as follows: (1) all public, candidate and question counters shall be set at zero; (2) each such counter shall be tested for accuracy by casting votes upon it until it correctly registers each vote cast; (3) each such counter shall be reset at zero and the voting machine shall be immediately sealed with a numbered metal seal so as to prevent operation of the machine or its registering counters without breaking the seal; and (4) on the certificate for that voting machine there shall be recorded: (a) the number on the seal; and (b) the reading shown on the protective counter; and C. seal and retain the logic and accuracy test printout, known as the internal audit trail, until it may be disposed of pursuant to Section 1-12-69 NMSA 1978. 1953 Comp., § 3-11-7, enacted by Laws 1969, ch. 240, § 216; 1985, ch. 207, § 25; 1989, ch. 392, § 21; 2011, ch. 137, § 75.

NMSA 1978, § 1-11-6.1 Electronic voting machines; testing

1-11-6.1. Electronic voting machines; testing All programming of vote tabulating machines shall be tested under the supervision of the county clerk. The machines shall be programmed so that votes will be counted in accordance with the specifications for electronic voting machines. 1978 Comp., § 1-11-6.1, enacted by Laws 1985, ch. 207, § 26; 1991, ch. 105, § 21; 2011, ch. 137, § 76.

NMSA 1978, § 1-11-7 Voting machine; certificate of preparation

1-11-7. Voting machine; certificate of preparation Immediately after each electronic voting machine has been prepared for the election, the county clerk shall prepare a written certificate, which shall be filed in the county clerk's office. A copy of the certificate shall be posted on the voting machine, and one copy shall be forwarded to the secretary of state. The certificate shall show the serial number for the voting machine, whether or not the machine has all of its public counters set at zero and whether or not the machine has been tested by voting on each public counter to prove the counter is in perfect condition. The certificate shall also show the number of the seal that has sealed the machine and the number registered on the public counter. 1953 Comp., § 3-11-8, enacted by Laws 1969, ch. 240, § 217; 1981, ch. 137, § 2; 1985, ch. 207, § 27; 2011, ch. 137, § 77.

NMSA 1978, § 1-11-8 Voting machines; notice of sealing

1-11-8. Voting machines; notice of sealing A. At least three days before preparing any type of voting machine for an election, the county clerk shall send notice to the county chair of each political party having a candidate on the ballot in the election. The notice shall state the times when and places where the voting machines will be prepared. B. Party and organization representatives, election observers and candidates may be present at the preparation, inspection and sealing of the voting machines to ensure compliance with the Election Code. 1953 Comp., § 3-11-9, enacted by Laws 1969, ch. 240, § 218; 1985, ch. 207, § 28; 2011, ch. 137, § 78.

NMSA 1978, § 1-11-10 Voting machines; objections to use

1-11-10. Voting machines; objections to use Unless an objection to the use of a particular voting machine is filed in the district court within two days after it is prepared, inspected and sealed, the voting machine when certified to be correct by the county clerk shall be conclusively presumed to be properly prepared for the election. Any objection so filed shall specify the number of the voting machine objected to and the reason for the objection. 1953 Comp., § 3-11-11, enacted by Laws 1969, ch. 240, § 220.

NMSA 1978, § 1-11-11 Election supplies; voting machines; delivery

1-11-11. Election supplies; voting machines; delivery A. Voting machines shall be delivered to the assigned precinct polling place at least three days before the polls are required to be opened. The election supplies and the keys of voting machines shall be delivered to the presiding judge at least one hour before the polls are required to be opened. B. The county clerk of any county shall certify to the secretary of state on forms provided by the secretary of state, that he has inspected each voting machine after delivery but before the date of the election and has found each machine to have been correctly labeled, that there has been no obvious external damage in delivery and that each machine has been delivered to the proper polling place in each precinct. 1953 Comp., § 3-11-12, enacted by Laws 1969, ch. 240, § 221; 1977, ch. 222, § 32; 1989, ch. 392, § 22.

NMSA 1978, § 1-11-12.2 Monitored secured containers; distribution to counties

1-11-12.2. Monitored secured containers; distribution to counties A. Each county shall have at least two monitored secured containers; provided that, in consideration of geographic or security constraints existent in a county, a county clerk may request from the secretary of state a waiver from this requirement. The secretary of state may approve a request by a county clerk for additional monitored secured containers in a county. B. In addition to the monitored secured containers provided pursuant to Subsection A of this section, a political subdivision of the state, including a municipality, school district or community college, may make a written request to the county clerk for one or more monitored secured containers on or near the boundaries of the political subdivision. A county clerk who receives a written request for monitored secured containers from a political subdivision shall evaluate the population in and near the area of the request, the distance voters have to travel to get to the nearest monitored secured container and the number of monitored secured containers and early voting locations on or near the area of the request. The county clerk shall respond in writing to the requesting political subdivision within thirty days of receiving the written request. A written request for monitored secured containers for future statewide elections may be made between the second Tuesday in March and the second Tuesday in April of any year. C. A political subdivision whose written request to a county clerk for monitored secured containers is denied may appeal that decision by submitting the written request along with the denial letter from the county clerk to the secretary of state, along with any response to the denial letter from the requesting political subdivision. The secretary of state may place a monitored secured container on or near an area that is the subject of the request in response to an appeal submitted pursuant to this subsection. D. A monitored secured container located on or near the boundaries of a political subdivision shall comply with all requirements for monitored secured containers provided in the Election Code. If a monitored secured container is provided pursuant to this section, the requesting political subdivision shall provide the facility and services necessary for the monitored secured container. 1978 Comp., § 1-11-12.2, enacted by Laws 2023, ch. 84, § 11.

NMSA 1978, § 1-11-13 Index of voters

1-11-13. Index of voters Upon the written request of a qualified political party, a candidate, an election-related organization or an election observer, the secretary of state shall send to the requester an index of all voters and their addresses, their party affiliation, their precinct, their voter history, their unique identifier and their early or absentee voting status in any election currently underway. Each index shall be certified by the secretary of state as being an accurate listing of all voters in each requested county. The written request shall specify whether the information is to be received electronically or on paper, the electronic or physical delivery address, the time period during which the information is to be received, the frequency of receiving the information and the method of payment. 1953 Comp., § 3-11-14, enacted by Laws 1969, ch. 240, § 223; 2011, ch. 137, § 79.

NMSA 1978, § 1-11-14 Tally sheets and statements of canvass; preparation

1-11-14. Tally sheets and statements of canvass; preparation Prior to election day, the secretary of state shall cause to be printed in the tally sheets and statements of canvass, in the proper places and under the proper designations, the names of all candidates appearing on the official ballot. The secretary shall approve a county's use of computer-based tally sheets upon recommendation of the voting system certification committee if the county submits the software program to be used for tallying to the secretary of state at least ninety days prior to the election and the voting system certification committee determines that the program is acceptable for the proposed use. 1953 Comp., § 3-11-15, enacted by Laws 1969, ch. 240, § 224; 1981, ch. 137, § 3; 2003, ch. 226, § 1; 2011, ch. 137, § 80.

NMSA 1978, § 1-11-15 Signature rosters; checklist of registered voters; tally sheets; form

1-11-15. Signature rosters; checklist of registered voters; tally sheets; form Signature rosters, checklists of registered voters and tally sheets shall be in the form prescribed by the secretary of state. 1953 Comp., § 3-11-17, enacted by Laws 1969, ch. 240, § 226; 1977, ch. 222, § 33; 1981, ch. 137, § 4; 1985, ch. 207, § 31; 1991, ch. 105, § 23.

NMSA 1978, § 1-11-16 Signature roster certificates; checklist of registered voter's certificates; precinct board [election board] member's oath

1-11-16. Signature roster certificates; checklist of registered voter's certificates; precinct board [election board] member's oath The secretary of state shall prescribe the form of the signature roster certificates, checklist of registered voter's certificates and the precinct board [election board] member's oath. 1953 Comp., § 3-11-19, enacted by Laws 1969, ch. 240, § 228; 1971, ch. 317, § 19; 1981, ch. 137, § 5; 1985, ch. 207, § 32; 1991, ch. 105, § 24.

NMSA 1978, § 1-11-18 Election supplies

1-11-18. Election supplies The secretary of state shall prescribe the types and number of election supplies to be used in the precincts. 1953 Comp., § 3-11-27.1, enacted by Laws 1977, ch. 222, § 34.

NMSA 1978, § 1-11-19 Costs of elections; election fund

1-11-19. Costs of elections; election fund A. There is created in the state treasury the "election fund" solely for the purposes of: (1) paying the costs of conducting and administering statewide elections required by the Election Code; (2) reimbursing the counties for the costs of conducting and administering statewide elections required by the Election Code; (3) paying the administrative costs of the office of the secretary of state for administering elections required by the Election Code and for administering the election fund; and (4) carrying out all other specified provisions of the Election Code not already covered by another fund administered by the secretary of state. B. The state treasurer shall invest the election fund as other state funds are invested, and all income derived from the fund shall be credited directly to the fund. Remaining balances at the end of a fiscal year shall remain in the fund and not revert to the general fund. Money in the fund is appropriated to the office of the secretary of state for the purposes authorized in Subsection A of this section. Money in the fund shall only be expended on warrants of the department of finance and administration pursuant to vouchers signed by the secretary of state or the secretary's designee. C. Money received from the following sources shall be deposited directly into the election fund: (1) money appropriated to the fund by the legislature; (2) reimbursements from the state or a local government for elections costs; (3) federal funds received by the state that are designated by the federal government or the state executive for elections or that have been appropriated by the legislature for election purposes; (4) grants or capital outlay funds received by a county clerk for which the secretary of state has agreed to serve as the fiscal agent; (5) grants or capital outlay funds received by the secretary of state for the purposes of Subsection A of this section and not designated for any other fund; and (6) money transferred to the fund pursuant to Section 2 of this 2024 act. D. The secretary of state may submit a budget adjustment request to use money in the election fund for the purposes authorized in Subsection A of this section beyond a five percent variance from the approved elections budget for the current fiscal year. E. If the current year balances in the election fund do not cover the costs of elections, the secretary of state may apply to the state board of finance for an emergency grant to cover those costs pursuant to Section 6-1-2 NMSA 1978. Laws 2018, ch. 79, § 33; 1978 Comp., § 1-22-20, recompiled and amended as § 1-11-19 by Laws 2019, ch. 212, § 110; 2023, ch. 39, § 63; 2024, ch. 24, § 1.

NMSA 1978, § 1-11-20 Transfer; general fund to election fund

1-11-20. Transfer; general fund to election fund Within ninety days after an election, the secretary of state shall certify to the department of finance and administration the total costs incurred by the office of the secretary of state to administer the election. Within thirty days of receipt of the certification, the department of finance and administration shall transfer from the general fund to the election fund an amount equal to the lesser of the certified amount or fifteen million dollars ($15,000,000). Laws 2024, ch. 24, § 2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18502/index.doFetched: 10/20/2026