New Mexico Statutes
Article 2 - Election Officers and Boards
Section 1-2-2.1 - Administrative complaints; procedures.

A. The secretary of state shall adopt rules for an administrative procedure for hearing complaints on violations of the provisions of Title III of the federal Help America Vote Act of 2002, including provisions related to voting system standards, provisional voting procedures, voter registration procedures and operational standards of the statewide voter registration system.
B. A person who determines that there is a violation or that a violation is about to occur pursuant to this section may file a complaint with the secretary of state. Complaints may be consolidated by the secretary.
C. Complaints shall be in writing, signed and sworn by the person filing the complaint and notarized.
D. The hearing shall be on the record if the complainant requests.
E. If the hearing officer determines that there is a violation, an appropriate remedy shall be provided. If there is no violation, the complaint shall be dismissed and the results of the hearing made available to the public.
F. A final decision shall be made within ninety days of the filing of the complaint unless the complainant consents to extending the deadline. If the deadline is not met, the complaint shall be resolved within sixty days through alternative dispute resolution procedures established pursuant to the Governmental Dispute [Prevention] Resolution Act [Chapter 12, Article 8A NMSA 1978]. Records and materials from the hearing shall be available for use in an alternative dispute resolution procedure.
History: Laws 2003, ch. 356, § 5.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For Title III of the federal Help America Vote Act of 2002, see 42 U.S.C. § 15481 et seq.
Effective dates. — Laws 2003, ch. 356, § 34 made Laws 2003, ch. 356, § 5 effective July 1, 2003.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 1 - Elections

Article 2 - Election Officers and Boards

Section 1-2-1 - Secretary of state; chief election officer; rules.

Section 1-2-1.1 - Attorney general required to assist secretary of state; district attorneys required to assist secretary of state and county clerks.

Section 1-2-2 - Secretary of state; general duties.

Section 1-2-2.1 - Administrative complaints; procedures.

Section 1-2-3 - Secretary of state; instructions; forms; certificates.

Section 1-2-3.1 - Secretary of state; multipurpose registration form.

Section 1-2-4 - Secretary of state; training and instructions to precinct boards [election boards]; training manual.

Section 1-2-5 - Secretary of state; election seminars.

Section 1-2-6 - Election board; appointment.

Section 1-2-7 - Election board; qualification of members; qualification of presiding judges; qualification of minors.

Section 1-2-8 - Repealed.

Section 1-2-9 - Election board; standby list.

Section 1-2-10 - Repealed.

Section 1-2-11 - Election board; assignment.

Section 1-2-12 - Election board; positions on each board.

Section 1-2-13 - Repealed.

Section 1-2-14 - Election boards; notice of appointment.

Section 1-2-15 - Election board; vacancies.

Section 1-2-16 - Election board; compensation.

Section 1-2-17 - Election board; schools of instruction.

Section 1-2-18 - Election board members; identification badges.

Section 1-2-19 - Oral assistance for language minority voters.

Section 1-2-20 - Messengers; compensation.

Section 1-2-21 - Challengers; appointment.

Section 1-2-22 - Challengers, watchers and election observers; qualifications; restrictions.

Section 1-2-23 - Challengers; permitted activities.

Section 1-2-24 - Challengers; identification badges.

Section 1-2-25 - Challengers, watchers, county canvass observers; permitted and prohibited activities.

Section 1-2-26 - Challengers; penalty.

Section 1-2-27 - Watchers; appointment.

Section 1-2-28 - Repealed.

Section 1-2-29 - Watchers and election observers; permissible activities.

Section 1-2-30 - Watchers and election observers; penalty.

Section 1-2-31 - County canvass observers.

Section 1-2-32 - State canvass observers.