A. Each voting system certified for use in the state shall be reviewed for recertification by the secretary of state during the year following a presidential election. Tests and inspections conducted pursuant to this section shall begin no later than June 1 and shall follow the procedures in Section 1-9-14 NMSA 1978.
B. If at any time the secretary of state becomes aware that a voting system certified for use in this state does not comply with all requirements in the Election Code [Chapter 1 NMSA 1978] or meet federal election standards, the secretary of state shall undertake an investigation to determine if the voting system should continue to be certified for use in the state. Tests and inspections conducted pursuant to this section shall commence upon the order of the secretary of state and shall follow the procedures in Section 1-9-14 NMSA 1978. A voting system that does not comply with all requirements in the Election Code and the most recent voluntary voting system guidelines adopted by the United States election assistance commission shall be decertified for use in this state.
History: Laws 2010, ch. 28, § 2.
Emergency clauses. — Laws 2010, ch. 28, § 24 contained an emergency clause and was approved March 3, 2010.
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.