New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 10 - ELECTIONS AND ELECTED OFFICIALS
Part 12 - ABSENTEE VOTING
Section 1.10.12.12 - VOTING TABULATOR PROGRAMMING, CERTIFICATION, CUSTODY AND SECURITY
Universal Citation: 1 NM Admin Code 1.10.12.12
Current through Register Vol. 35, No. 18, September 24, 2024
A. Each certified voting tabulator designated for use during an election, shall be programmed, tested for accuracy and used for the tabulation of ballots in accordance the Election Code, Section 1-9-1 to 1-9-22 NMSA 1978.
(1) Official tabulator envelopes for each
voting tabulator shall be prepared and shall contain the tabulator serial
number, seal number, a printed and signed results reporting tape indicating the
clearing of any votes recorded on the tabulator's removable storage media
device cartridge and set at zero, and any keys or tokens needed to access,
operate and secure the tabulator. Such envelopes shall be provided to the
presiding judge of the alternate voting location or mobile alternate voting
location.
(2) At least one day
before each voting tabulator is deployed for mailed ballot tabulation and early
voting, the county clerk shall provide the voting tabulator type and serial
number to the secretary of state and the county chair of each political party
represented on the ballot.
(a) Each certified
voting tabulator deployed to an alternate voting location or mobile alternate
voting location shall be transported with the care and custody set out in the
Election Code, Section
1-9-12 NMSA 1978, delivered in
accordance with the Election Code, Section
1-11-11 NMSA 1978 and shall be
secured by a lock, key and seal.
(b) The placement of each voting tabulator
used for absentee or early voting shall safeguard the secrecy of each voted
ballot, protect the security of the voting tabulator and shall be compliant
with accessibility requirements of the Americans with Disabilities
Act.
(3) Each day during
the early voting period, the county clerk or election board member shall, in
the presence of one other county clerk employee or election board member,
unlock the office where the voting tabulator, ballot box, preprinted paper
ballots or voting systems needed to issue ballots are located and unlock the
voting tabulator, ballot box or other container securing preprinted paper
ballots or voting systems needed to issue ballots.
(4) Each day upon close of the early voting
location, the above procedure shall be followed to lock and secure the voting
tabulator, ballot box or other container securing preprinted paper ballots or
voting systems needed to issue ballots.
(5) Assigned user names and passwords needed
to access voting systems used to issue ballots or the voting tabulator shall
not be shared or disclosed to any person other than the intended
user.
(6) Immediately after
unlocking or locking the early voting location, the county clerk or election
board member present shall complete and sign the early voting daily report and
shall submit it to the office of the secretary of state for the previous day's
activity. Any discrepancy between the daily number of ballots issued and the
number of ballots cast shall be reconciled prior to the submission of the early
voting daily report.
B. A voting tabulator shall be used for the entire early voting period for the casting of ballots. The tabulator shall remain in open status and the result reporting tape shall be prompted only by the absent voter election board, when convened, for the counting and recording of mailed and early voted ballots.
(1) If a voting tabulator is inadvertently
prompted to close, the presiding judge shall notify the county clerk
immediately. The county clerk, after determining that the tabulator should be
reopened, shall dispatch a voting technician, who in the presence of the
presiding judge and two election judges, one of a differing party than the
presiding judge, shall enable the reopen polls function and verify the number
of ballots counted on the tabulator screen. An audit log of the reopen polls
transaction will be recorded by the voting tabulator and will be visible on the
results reporting tapes. The results reporting tapes shall be signed by the
presiding judge and two election judges, one of a differing party than the
presiding judge, and remain connected to the voting tabulator.
(a) If the number of ballots counted does not
match the number of ballots cast prior to the inadvertent close of the voting
tabulator, the county clerk shall instruct the voting technician, who in the
presence of the presiding judge and two election judges, one of a differing
party than the presiding judge, to clear the removable storage media device
cartridge, removing all previously recorded votes and reopen the polls of the
voting tabulator. The presiding judge and two election judges, one of a
differing party than the presiding judge, will inspect the generated results
reporting tapes to ensure the ballots cast number and all candidate contests
and ballot questions are cleared and set to zero. The presiding judge and two
election judges, one of a differing party than the presiding judge shall sign
the certificate at the end of the generated results reporting tapes, affirming
their inspection and reinsert the ballots from within the bin into the voting
tabulator. The results reporting tapes shall remain connected to the voting
tabulator. Once complete, the presiding judge and two election judges, one of a
differing party than the presiding judge will verify the ballots cast on the
public counter of the voting tabulator matches the total ballots cast on the
voting tabulator prior to the inadvertent close.
(b) The voting tabulator may then be put back
into use and the county clerk shall immediately notify the office of the
secretary of state, in writing, of the occurrence. The presiding judge will
provide the results reporting tapes from the inadvertent tabulator closure to
the voting technician, who will deliver the results reporting tapes directly to
the county clerk to be filed and kept confidential.
(2) If a voting tabulator is inadvertently
closed, generating the results reporting tapes during the days and hours of
operation of early voting, the presiding judge shall immediately notify the
county clerk and ensure the voting tabulator, ballots within the bin and
results reporting tapes are not tampered with.
(a) The county clerk shall dispatch a voting
technician, who in the presence of the presiding judge and two election judges,
one of a differing party than the presiding judge, will instruct the presiding
judge to verify the total number of ballots cast on the voting tabulator before
it was inadvertently closed. The voting technician will clear the removable
storage media device cartridge, removing all previously recorded votes and
reopen the polls of the voting tabulator. The presiding judge and two election
judges, one of a differing party than the presiding judge, will inspect the
generated results reporting tapes to ensure the ballots cast number and all
candidate contests and ballot questions are cleared and set to zero. The
presiding judge and two election judges, one of a differing party than the
presiding judge shall sign the certificate at the end of the generated results
reporting tapes, affirming their inspection and reinsert the ballots from
within the bin into the voting tabulator. The results reporting tapes shall
remain connected to the voting tabulator. Once complete, the presiding judge
and two election judges, one of a differing party than the presiding judge will
verify the ballots cast on the public counter of the voting tabulator matches
the total ballots cast on the voting tabulator prior to the inadvertent
close.
(b) The voting tabulator may
then be put back into use and the county clerk shall immediately notify the
office of the secretary of state, in writing, of the occurrence. The presiding
judge will provide the results reporting tapes from the inadvertent tabulator
closure to the voting technician, who will deliver the results reporting tapes
directly to the county clerk to be filed and kept confidential.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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