N.M. Admin. Code § 1.10.12.19

Current through Register Vol. 35, No. 23, December 10, 2024

Section 1.10.12.19 - USE OF GOVERNMENTAL AND OFFICIAL BUILDING AS MAILING ADDRESSES ON MAILED BALLOT APPLICATIONS

A. Upon written request from an Indian nation, tribe or pueblo, the secretary of state may designate a government or official building for the delivery of mailed ballots or for use on voter registrations for members of that Indian nation, tribe or pueblo. The written request must be in compliance with Subsection D of Section 1-21A-1 NMSA 1978,

B. The written request designating the government or official building shall be submitted to the secretary of state in March or April of any year. It should include the common name for the building, the mailing address of the building, and the name(s) and phone number(s) of lead person(s) charged with the oversight of the mailed ballot process at the building.

C. Upon receipt of a written request, the secretary of state shall perform a security evaluation of the building to ensure the building has a space to safely keep the official mailing envelope in a locked and number-sealed ballot box or envelope. The secretary of state shall respond in writing within 60 days of the request.

D. An approved designation will take effect at the general election or regular local election of the year in which the request was approved.

E. If the request is approved and upon implementation, the secretary of state shall send a notification of new designations in writing and shall provide an updated list of approved government and official buildings by county to each county clerk with an Indian nation, tribe or pueblo in the county.

(1) The lead person(s) designated pursuant to Section B of this section shall ensure that mailed ballots received at the designated location are secured safely in a locked and number-sealed ballot box or envelope until they are retrieved by voters.

(2) Only a voter who requested a mailed ballot may retrieve a mailed ballot at a designated and approved government or official building.

(3) A chain of custody form shall be completed by the voter collecting their mailed ballot every time a ballot is collected. A copy of the chain of custody form shall be sent to the county clerk who issued the mailed ballot within 24 hours. The chain of custody form shall be prescribed by the secretary of state and shall include:

(a) the location of the officially designated building;

(b) date and time of arrival;

(c) printed full name of the person retrieving the ballot;

(d) signature of the person retrieving the ballot;

(e) printed full name of the person providing the ballot to the voter;

(f) signature of the person providing the ballot to the voter;

(4) The lead person(s) designated pursuant to Section B of this section shall maintain a log of the number of mailed ballots received each day and the names of the voters reflected on the outer envelopes of received mailed ballots. The log shall be prescribed by the secretary of state and a lead person shall send of a copy of the updated log to the county clerk who issued the mailed ballots each week beginning 28 days prior to the election and on the Saturday following an election day.

(5) The lead person(s) designated pursuant to Section B of this section shall return any ballots not retrieved by voters to the county clerk by the Friday following an election day.

N.M. Admin. Code § 1.10.12.19

1.10.12.19 NMAC - N, 3-15-2012, Reserved by New Mexico Register, Volume XXIX, Issue 08, April 24, 2018, eff. 4/24/2018, Adopted by New Mexico Register, Volume XXXIV, Issue 16, August 29, 2023, eff. 8/31/2023