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.
History: 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.
Cross references. — For the Help America Vote Act of 2002, see 42 U.S.C. Sections 15301 et seq.
The 2005 amendment, effective July 1, 2005, in Subsection A, provided that the Voter Records System Act shall be implemented in all counties by the secretary of state in accordance with the federal Help America Vote Act of 2002; in Subsection B, provided that the secretary of state shall keep the official state voter file which is based on the county registers and shall provide access to the file to the county clerks; that the secretary of state shall implement procedures required by the Voter Records System Act and federal law; and that registration lists requested in electronic form shall be fulfilled within the time specified; in Subsection C, deleted the former provision that the procedures of the Automated Voter Records System Act shall be used in lieu of procedures prescribed in the Election Code; and in Subsection C, provided that records shall be maintained in addition to records required by the Voter Records System Act and federal law.
The 1993 amendment, effective June 18, 1993, deleted former Subsection D, relating to the destruction of duplicate affidavits of registration by the county clerk. Laws 1993, ch. 314, § 33 enacted identical amendments to this section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 180, 181.
29 C.J.S. Elections §§ 37, 50.
Structure 2021 New Mexico Statutes
Article 5 - Voter Records System
Section 1-5-3 - Act is mandatory and supplemental to Election Code.
Section 1-5-4 - County register; establishment.
Section 1-5-5 - Entry of data into data processing system; county register; maintenance.
Section 1-5-6 - Precinct voter lists; signature roster preparation.
Section 1-5-14 - File maintenance reports; voter file updates.
Section 1-5-16 - Voter file; duplicate voter file; storage; protection.
Section 1-5-17 - Voter registration system software; instructions; status; protection.
Section 1-5-18 - List and roster preparation; compatible duplicate means.
Section 1-5-22 - Unlawful disposition of voter file; penalty.
Section 1-5-26 - Contractual agreement required with data processor.
Section 1-5-30 - Secretary of state; voter registration electronic management system.