New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 10 - ELECTIONS AND ELECTED OFFICIALS
Part 23 - PROCEDURES FOR RECOUNTS, AUDITS, RECHECKS AND CONTESTS
Section 1.10.23.8 - PUBLIC NOTICE AND OBSERVATION OF AUDITS, VOTING SYSTEM CHECKS, RECHECKS AND RECOUNTS

Universal Citation: 1 NM Admin Code 1.10.23.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. Public notice. In addition to the notice required to be provided by Section 1-14-16 NMSA 1978 for rechecks and recounts, at least three (3) days prior to an audit, voting system check, recount or recheck, the county clerk shall post, in at least one conspicuous place in the county, the time and location of the audit, voting system check, recount or recheck. In addition, if the county clerk has a web site, at least three (3) days prior to an audit, voting system check, recount or recheck, the county clerk shall post the time and location on its web site.

B. Public observation. Consistent with Subsection A of Section 1-14-13.2 NMSA 1978, county canvass observers may be present during the audit process and shall be subject to Section 1-2-31 NMSA 1978. Pursuant to Section 1-14-16 NMSA 1978, members of the public may be present during a recheck or recount. The county clerk shall provide instructions to all observers, watchers and members of the public regarding any rules governing their conduct during an audit, voting system check, recheck, or recount. At all times during an audit process, those present to observe shall wear self-made badges designating themselves as an authorized observer of the organization or candidate which they represent or as a member of the public. Those present to observe shall not:

(1) wear any identification other than the badge described above;

(2) wear any party or candidate pins;

(3) perform any duty of the recount, recheck, or audit workers;

(4) handle any election material;

(5) interfere with the orderly conduct of workers conducting the process; or

(6) use cell phones, audio, or video tape equipment while observing the process.

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