New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 10 - ELECTIONS AND ELECTED OFFICIALS
Part 21 - VOTING SYSTEM ACQUISITION
Section 1.10.21.3 - STATUTORY AUTHORITY

(1) The secretary of state shall provide to the county clerk of each county a sufficient number of voting systems as required by the Election Code for the conduct of primary and general elections.

(2) When authorized by the state board of finance, the board of county commissioners may acquire new or previously owned voting systems. No less than ninety days prior to each primary and general election, the board of county commissioners of each county may make application to the state board of finance for any additional voting systems to be acquired by a county in excess of the number of voting systems required by the Election Code for the conduct of primary and general elections,

(3) The additional voting systems shall be of a type certified by the secretary of state. They shall be purchased by the state board of finance. The cost of the voting systems, including all transportation costs, shall be paid out of the voting system revolving fund. The state board of finance shall cause to be delivered to each county clerk the additional voting systems.

(1) The state board of finance shall execute a lease-purchase contract with the county for purchase of additional voting systems and necessary support equipment upon receipt of the application of the board of county commissioners pursuant to Section 1-9-7 NMSA 1978.

(2) The lease-purchase contract shall include, but not be limited to, the following terms:

(1) The department of finance and administration and the board of county commissioners shall budget annually for as many years as may be necessary from county funds in each county acquiring voting systems and support equipment an amount sufficient to enable the county to pay to the state board of finance installment payments required to be paid under the terms of the lease-purchase contract.

(2) The board of county commissioners of each county having a lease-purchase contract with the state board of finance shall pay such payments, at the times and in the amounts as provided by the terms of the lease-purchase contract. The state board of finance shall deposit the payments into the severance tax bonding fund if the voting systems and support equipment were originally purchased with severance tax bond proceeds. The state board of finance shall deposit the payments into the voting system revolving fund if the voting systems were originally purchased with money from the voting system revolving fund.

(1) by the secretary of state to pay for hardware, software, firmware, maintenance and support of voting systems, whether state- or county-owned, certified for use in state elections; and

(2) by the counties to finance, by contract, the purchase of voting systems and necessary support equipment under the conditions stated in Section 1-9-17 NMSA 1978; provided that no expenditure shall be made for this purpose if it would result in a fund balance of less than one million dollars.