The secretary of state may voluntarily test and certify voting systems without an application by the manufacturer if the system has been previously certified by the United States election assistance commission. Tests and inspections conducted pursuant to this section shall follow the procedures in Section 1-9-14 NMSA 1978; provided, however, if the manufacturer has not applied for certification of that voting system, the manufacturer shall not be required to pay for the costs of testing and certification.
History: Laws 2005, ch. 270, § 57; 2010, ch. 28, § 14; 2017, ch. 101, § 12.
The 2017 amendment, effective June 16, 2017, removed the deadline by which tests and inspections of voting systems must be completed; and after "Section 1-9-14 NMSA 1978", deleted "and shall be completed within six months of the date on which the secretary of state orders testing to begin".
The 2010 amendment, effective March 3, 2010, in the first sentence, after "previously certified by", deleted "other states or by the national association of state election directors" and added "the United States election assistance commission"; and in the second sentence, after "section shall follow the", deleted "testing", and after "six months of the date on which", deleted "testing begins" and added "the secretary of state orders testing to begin".
Structure 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.