A. The secretary of state shall prescribe by rule promulgated pursuant to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] specifications for the proper storage of voting systems.
B. Voting systems shall be held in the custody of the county that uses the voting systems. All voting systems shall be properly stored pursuant to specifications promulgated by the secretary of state. The board of county commissioners shall be responsible for the costs of properly storing voting systems in custody of the county.
C. The secretary of state may pay from the voting system revolving fund the costs of all hardware, software, firmware, maintenance and support for voting systems, whether state- or county-owned, certified for use in state elections.
D. If the secretary of state becomes aware that state- or county-owned voting systems in the custody of a county are not being stored pursuant to specifications promulgated by the secretary of state, the secretary of state may take action as is deemed appropriate to protect the voting equipment. Such action may include requesting a court to order the county to implement the specifications promulgated by the secretary of state or the secretary of state taking immediate physical control of the voting systems until the county has complied with the storage specifications.
History: Laws 2010, ch. 28, § 4.
Emergency clauses. — Laws 2010, ch. 28, § 24 contained an emergency clause and was approved March 3, 2010.
Structure 2021 New Mexico Statutes
Section 1-9-1 - Secretary of state; duties; voting system defined.
Section 1-9-5 - Requirement to use voting systems; sufficient check-in stations and voting booths.
Section 1-9-6 - Voting systems; use in other elections.
Section 1-9-7 - Voting systems; acquisition.
Section 1-9-7.1 - Voting system; use of paper ballot; access for blind or visually impaired voters.
Section 1-9-7.2 - Voting systems; testing of previously certified systems.
Section 1-9-7.3 - Voting systems records.
Section 1-9-7.4 - Voting systems; authority of the secretary of state to recertify and decertify.
Section 1-9-7.5 - Voting systems; voting system certification committee; members.
Section 1-9-7.6 - Voting systems; storage; custody and maintenance; authority to enforce.
Section 1-9-7.7 - Voting systems; technical requirements.
Section 1-9-7.8 - Voting systems; operational requirements.
Section 1-9-7.9 - Voting systems; memory; removable storage media device; requirements.
Section 1-9-7.10 - Voting systems; ballot handling and processing requirements.
Section 1-9-7.11 - Voting systems; source code; escrow.
Section 1-9-13 - Voting system technicians.
Section 1-9-14 - Voting systems; authority of the secretary of state to test; certification.
Section 1-9-17 - Additional voting systems; state board of finance; lease-purchase contract; terms.
Section 1-9-18 - Electronic voting systems; method of payment by counties.
Section 1-9-19 - Voting system revolving fund.
Section 1-9-21 - Systems designed to print ballots at polling locations; security requirements.