Voter Records System

NMSA 1978 ch. 1, art. 5

in effect

NMSA 1978, § 1-5-1 Short title

1-5-1. Short title Chapter 1, Article 5 NMSA 1978 may be cited as the "Voter Records System Act". 1953 Comp., § 3-5-1, enacted by Laws 1969, ch. 240, § 103; 1975, ch. 255, § 62; 2005, ch. 270, § 23; 2015, ch. 145, § 21.

NMSA 1978, § 1-5-2 Definitions

1-5-2. Definitions As used in the Election Code [Chapter 1 NMSA 1978]: A. "county" means any county in this state; B. "county register" means an official file of original certificates of registration of the county or any of its precincts; C. "county voter list" means a voter list arranged in alphabetical order of voter surname within and for each county; D. "data processor" means a data processing facility and its associated employees and agents contracted to provide data processing services required by the Voter Records System Act; E. "data recording media" means a manual, electronic or other device containing data capable of being read and processed by any means for the eventual preparation of voter lists; F. "election campaign purposes" means relating in any way to a campaign in an election conducted by a federal, state or local government; G. "file maintenance list" means any prepared listing that reflects additions, deletions or changes to the voter file; H. "governmental purposes" means noncommercial purposes relating in any way to the structure, operation or decision making of a federal, state or local government; I. "mailing labels" mean prepared mailing labels of selected voters arranged in the order in which requested and providing only the name and address of the voter; J. "precinct voter list" means a voter list arranged in alphabetical order of voter surname within and for each precinct; K. "signature roster" means a copy of a voter list with space provided opposite each voter's name for the voter's signature or witnessed mark; L. "special voter list" means a prepared list of selected voters arranged in the order in which requested; M. "voter data" means selected information derived from the voter file; N. "voter file" means all voter registration information required by law and by the secretary of state that has been extracted from the certificate of registration of each voter in the county, stored on data recording media and certified by the county clerk as the source of all information required by the Voter Records System Act; and O. "voter list" means any prepared list of voters. 1953 Comp., § 3-5-2, enacted by Laws 1969, ch. 240, § 104; 1975, ch. 255, § 63; 1985, ch. 77, § 1; 1987, ch. 249, § 14; 1989, ch. 392, § 7; 1993, ch. 314, § 32; 1993, ch. 316, § 32; 1993, ch. 363, § 1; 1995, ch. 166, § 1; 2001, ch. 146, § 1; 2005, ch. 270, § 24.

NMSA 1978, § 1-5-3 Act is mandatory and supplemental to Election Code

1-5-3. Act is mandatory and supplemental to Election Code A. The Voter Records System Act is mandatory and supplemental to the provisions of the Election Code [Chapter 1 NMSA 1978]. The provisions of that act shall be implemented in all counties by order of the secretary of state in accordance with the provisions of the federal Help America Vote Act of 2002. B. The secretary of state shall maintain the official state voter file based on county registers and shall provide access to the file to the county clerks. The secretary of state shall prescribe any rules, forms and instructions necessary to implement procedures required by the Voter Records System Act and federal law. The secretary of state shall maintain a log, which shall be public, containing all transactions regarding requests for current registration lists of state voters. The log shall indicate the requesting party, the date of the request, the date of fulfilling the request, charges made and any other information deemed advisable by the secretary of state. Requests for registration lists in printed or electronic form shall be fulfilled within a period of ten working days. C. All registration records required by the Election Code shall be maintained for each of the precincts in addition to those records required by the Voter Records System Act and federal law. 1953 Comp., § 3-5-3, enacted by Laws 1969, ch. 240, § 105; 1975, ch. 255, § 64; 1983, ch. 227, § 1; 1984 (1st S.S.), ch. 4, § 1; 1993, ch. 314, § 33; 1993, ch. 316, § 33; 2005, ch. 270, § 25.

NMSA 1978, § 1-5-4 County register; establishment

1-5-4. County register; establishment The board of county commissioners shall direct the county clerk to establish a county register. The county register shall be filed in fire-resistant containers in the county courthouse. The files containing the county register shall be arranged to provide ready and convenient access and shall be kept locked except when being used by authorized persons in accordance with the Election Code [Chapter 1 NMSA 1978]. 1953 Comp., § 3-5-4, enacted by Laws 1969, ch. 240, § 106.

NMSA 1978, § 1-5-5 Entry of data into data processing system; county register; maintenance

1-5-5. Entry of data into data processing system; county register; maintenance A. The county clerk, upon receipt of a proper certificate of registration within the period prescribed for registration, shall immediately enter in the proper spaces thereon the precinct of the voter. B. All information required shall then be entered into the voter file and evidenced by the file maintenance list. A new certificate of registration, or change of information to an existing certificate of registration, shall not be inserted into the county register until the county clerk has had all pertinent information necessary for the preparation of voter files and voter lists transcribed from it to a record appropriate for use for preparation of such lists. C. After entry of data into the data processing system, the county clerk shall insert each original certificate of registration in its proper order in the county register. D. A certificate of registration shall not be removed from the county register pursuant to a cancellation of registration until the county clerk has entered into the voter file all deletions and changes and such deletions and changes are evidenced by the file maintenance list. 1953 Comp., § 3-5-5, enacted by Laws 1969, ch. 240, § 107; 1975, ch. 255, § 65; 1993, ch. 314, § 34; 1993, ch. 316, § 34; 2001, ch. 146, § 2.

NMSA 1978, § 1-5-6 Precinct voter lists; signature roster preparation; electronic poll book alternative

1-5-6. Precinct voter lists; signature roster preparation; electronic poll book alternative A. The county clerk shall provide for preparation of precinct voter lists and signature rosters generated from the official state voter file for any precincts or an electronic poll book alternative approved by the voting system certification committee and certified by the secretary of state. B. The precinct voter lists and signature rosters or an electronic poll book alternative shall be used at any election for which registration of voters is required in lieu of bound original certificates of registration and poll books. 1953 Comp., § 3-5-6, enacted by Laws 1969, ch. 240, § 108; 1993, ch. 314, § 35; 1993, ch. 316, § 35; 2001, ch. 146, § 3; 2005, ch. 270, § 26; 2023, ch. 39, § 22.

NMSA 1978, § 1-5-14 File maintenance reports; voter file updates

1-5-14. File maintenance reports; voter file updates A. At least once a month, the secretary of state shall have made from the state voter file a file maintenance report of additions, deletions and changes, if any, to each of the county registers. The file maintenance report shall indicate whether each entry listed is an addition, deletion or change to the county register. B. A digital version of the file maintenance report shall be stored by the secretary of state for at least one year. C. Upon request, the secretary of state shall furnish an updated voter file to the state chair of each of the qualified political parties in the state. Upon request, the county clerk shall provide a file maintenance report or an updated voter file to the county chair of each of the qualified political parties in the county. D. File maintenance reports and updated voter files shall be provided in a manipulable digital format and shall not include the voter's social security number, codes used to identify the agency where the voter registered, the voter's day and month of birth, the voter's email address, or, if prohibited by the voter, the voter's telephone number. 1953 Comp., § 3-5-17, enacted by Laws 1969, ch. 240, § 118; 1975, ch. 255, § 70; 1989, ch. 392, § 8; 1995, ch. 124, § 7; 1995, ch. 166, § 4; 2001, ch. 146, § 5; 2005, ch. 270, § 29; 2015, ch. 145, § 22.

NMSA 1978, § 1-5-16 Voter file; duplicate voter file; storage; protection

1-5-16. Voter file; duplicate voter file; storage; protection A. All voter files shall be stored to safeguard them from loss, damage or unauthorized alteration. B. All duplicate voter files shall be stored in a fireproof safe or vault located at a place remote from, and which is considered a separate damage risk from, the place of storage or use of the voter files from which they were duplicated. C. No voter file and its duplicate shall be stored or transported in any manner that will subject both to possible loss or damage from common or related perils. 1953 Comp., § 3-5-20, enacted by Laws 1969, ch. 240, § 121; 1975, ch. 255, § 72.

NMSA 1978, § 1-5-17 Voter registration system software; instructions; status; protection

1-5-17. Voter registration system software; instructions; status; protection A. Voter registration system software and instructions for its use in controlling the processing of information derived from the voter file shall be verified functionally, identified and approved by the secretary of state. B. Verified, identified and approved voter registration system software and instructions shall be safeguarded at all times against loss or damage. The designated data processor shall be in charge of these safeguards subject to approval by the secretary of state. 1953 Comp., § 3-5-21, enacted by Laws 1969, ch. 240, § 122; 1975, ch. 255, § 73; 2001, ch. 146, § 6; 2005, ch. 270, § 30.

NMSA 1978, § 1-5-18 List and roster preparation; compatible duplicate means

1-5-18. List and roster preparation; compatible duplicate means A. The secretary of state shall provide to the county clerk means for the preparation of voter lists and signature rosters. B. At least one compatible duplicate means shall be provided for on a standby basis, and it shall be capable of performing the preparation of voter lists and signature rosters with minimum delay in case the original means is unable to perform. C. The secretary of state shall procure and preserve sufficient duplicate voter registration system software and operating instructions so that in case of disaster the duplicate master record and the duplicate voter registration system software and operating instructions will be all that will be required for another compatible facility to prepare registered voter lists and signature rosters with minimum delay. 1953 Comp., § 3-5-23, enacted by Laws 1969, ch. 240, § 124; 2001, ch. 146, § 7; 2005, ch. 270, § 31.

NMSA 1978, § 1-5-21 Data processor; custody and protection of voter file; delivery of voter file and program records

1-5-21. Data processor; custody and protection of voter file; delivery of voter file and program records A. The designated data processor shall provide the secretary of state, county clerk or county with data processing services in the implementation and maintenance of the Voter Records System Act and in carrying out such other services as are reasonably related to providing data processing of the voter records system. B. The designated data processor shall preserve and safeguard voter files and voter registration system software from loss, damage, unauthorized alteration, unauthorized access and unauthorized reproduction and shall ensure their continued use and accessibility while they are in the data processor's custody. C. No copies of the voter file or information or listings derived therefrom shall be furnished by the data processor to any person other than the secretary of state, the county clerk or their designated agents. 1953 Comp., § 3-5-26, enacted by Laws 1975, ch. 255, § 75; 1989, ch. 392, § 9; 2005, ch. 270, § 32.

NMSA 1978, § 1-5-22 Unlawful disposition of voter file; penalty

1-5-22. Unlawful disposition of voter file; penalty A. Unlawful disposition of voter file consists of the willful selling, loaning, providing access to or otherwise surrendering of the voter file, duplicates of the file or a part of the file by a data processor; a data processor's agent or employee; a state or county officer; or a state or county officer's deputy, assistant, employee or agent to anyone not authorized by the Voter Records System Act to have possession of the file. B. For purposes of this section, a file maintenance list shall be considered a voter file or a part of a voter file. C. Any data processor, officer, deputy, assistant, agent or employee who commits unlawful disposition of a voter file is guilty of a fourth degree felony. 1953 Comp., § 3-5-27, enacted by Laws 1975, ch. 255, § 76; 2005, ch. 270, § 33.

NMSA 1978, § 1-5-23 Unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists; penalty

1-5-23. Unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists; penalty A. Unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists consists of the unauthorized destruction of, the unauthorized alteration of, the erasure of information from or the rendering unusable for their lawfully intended purpose of such media, files, software, instructions and lists or parts thereof by any person. B. Any person who commits unlawful destruction or alteration of data recording media, voter files, file maintenance lists, voter registration system software and instructions or voter lists is guilty of a fourth degree felony. 1953 Comp., § 3-5-28, enacted by Laws 1975, ch. 255, § 77; 2005, ch. 270, § 34.

NMSA 1978, § 1-5-26 Contractual agreement required with data processor

1-5-26. Contractual agreement required with data processor The secretary of state shall enter into a written contractual agreement with the data processor notwithstanding the fact that the data processor may be a department of state government. 1953 Comp., § 3-5-31, enacted by Laws 1975, ch. 255, § 80; 2005, ch. 270, § 37.

NMSA 1978, § 1-5-30 Secretary of state; voter registration electronic management system

1-5-30. Secretary of state; voter registration electronic management system A. The secretary of state shall develop, implement, establish and supervise a voter registration electronic management system that complies with the federal Help America Vote Act of 2002 to facilitate voter registration and to provide a central database containing voter registration information for New Mexico. B. The voter registration electronic management system shall: (1) provide for the establishment and maintenance of a central database for all voter registration information; (2) permit the offices of all county clerks to add, modify and delete county information from the system to provide for accurate and up-to-date records; (3) permit the offices of the county clerks and the bureau of elections to have access to the central database for review and search capabilities; (4) provide security and protection for all information in the central database and monitor the central database to ensure the prevention of unauthorized entry; (5) provide procedures for the electronic receipt of voter registration application and update information, including digitized and electronic signatures, photographs and other data provided by the motor vehicle division of the taxation and revenue department or the federal social security administration; (6) permit a proper filing officer to upload declarations of candidacy and candidate qualification documents, as prescribed by the Election Code, and resolutions approving a ballot question within one day of being filed with the proper filing officer; (7) provide procedures for entering data into the central database; and (8) provide a centralized system for each county to enter the precinct to which a voter should be assigned for voting purposes. C. Based on written agreements with the secretary of state, the secretary of state shall provide access to the voter registration electronic management system to municipalities and other local governments based upon statutory responsibilities for administration of elections or to administer procedures related to elections that do not conflict with the provisions of the Election Code. The agreements shall include the scope of access, required initial and continuing training, job titles for persons with login credentials and security requirements associated with accessing the voter registration electronic management system. Laws 1989, ch. 298, § 1; 2005, ch. 270, § 38; 2015, ch. 145, § 23; 2019, ch. 212, § 59.

NMSA 1978, § 1-5-31 Uniform procedures for counties

1-5-31. Uniform procedures for counties The secretary of state shall: A. assist county clerks by devising uniform procedures and forms that are compatible with the voter registration electronic management system; B. provide to each county clerk the computer software necessary for the use and maintenance of the voter registration electronic management system; C. provide to each county clerk, through an agreement with the motor vehicle division of the taxation and revenue department, access to the division's driver's license database for the purpose of verifying voter registrations, processing absentee ballots and qualifying provisional ballots; and D. adopt such rules as are necessary to establish and administer the voter registration electronic management system and to regulate the use of the driver's license database by county clerks. Laws 1989, ch. 298, § 2; 2005, ch. 270, § 39; 2015, ch. 145, § 24.

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