N.M. Admin. Code § 1.10.21.3

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

Section 1.10.21.3 - STATUTORY AUTHORITY

A. Section 1-9-5(B) NMSA 1978 provides that the secretary of state shall provide to the county clerk of each county at least one voting system for use in each polling location in the general and primary elections.

B. Section 1-9-7 NMSA 1978 provides:

(1) The secretary of state shall provide to the county clerk of each county a sufficient number of voting systems as required by the Election Code for the conduct of primary and general elections.

(2) When authorized by the state board of finance, the board of county commissioners may acquire new or previously owned voting systems. No less than ninety days prior to each primary and general election, the board of county commissioners of each county may make application to the state board of finance for any additional voting systems to be acquired by a county in excess of the number of voting systems required by the Election Code for the conduct of primary and general elections,

(3) The additional voting systems shall be of a type certified by the secretary of state. They shall be purchased by the state board of finance. The cost of the voting systems, including all transportation costs, shall be paid out of the voting system revolving fund. The state board of finance shall cause to be delivered to each county clerk the additional voting systems.

C. Section 1-9-17 NMSA 1978 provides:

(1) The state board of finance shall execute a lease-purchase contract with the county for purchase of additional voting systems and necessary support equipment upon receipt of the application of the board of county commissioners pursuant to Section 1-9-7 NMSA 1978.

(2) The lease-purchase contract shall include, but not be limited to, the following terms:

(a) The county agrees to purchase from the state board of finance the specified number of voting systems and necessary support equipment.

(b) The county will pay for the cost of the systems and support equipment including reimbursement for costs of transportation.

(c) The term of the lease-purchase contract shall not exceed ten years.

(d) The care, custody and proper storage of such systems and support equipment pursuant to the specifications issued by the secretary of state are the responsibility of the county clerk.

(e) Upon good cause shown, the terms of the lease-purchase contract may, at any time, be renegotiated.

D. Section 1-9-18 NMSA 1978 provides:

(1) The department of finance and administration and the board of county commissioners shall budget annually for as many years as may be necessary from county funds in each county acquiring voting systems and support equipment an amount sufficient to enable the county to pay to the state board of finance installment payments required to be paid under the terms of the lease-purchase contract.

(2) The board of county commissioners of each county having a lease-purchase contract with the state board of finance shall pay such payments, at the times and in the amounts as provided by the terms of the lease-purchase contract. The state board of finance shall deposit the payments into the severance tax bonding fund if the voting systems and support equipment were originally purchased with severance tax bond proceeds. The state board of finance shall deposit the payments into the voting system revolving fund if the voting systems were originally purchased with money from the voting system revolving fund.

E. Section 1-9-19 NMSA 1978 creates the voting system revolving fund which may be used:

(1) by the secretary of state to pay for hardware, software, firmware, maintenance and support of voting systems, whether state- or county-owned, certified for use in state elections; and

(2) by the counties to finance, by contract, the purchase of voting systems and necessary support equipment under the conditions stated in Section 1-9-17 NMSA 1978; provided that no expenditure shall be made for this purpose if it would result in a fund balance of less than one million dollars.

N.M. Admin. Code § 1.10.21.3

1.10.21.3 NMAC - N, 8-31-2000; A, 10-17-2011