Legislation, Lobbying & Legal Resources

NOTICE OF PROPOSED RULEMAKING

The Office of the New Mexico Secretary of State (“Office”) hereby gives notice that the Office will conduct a public hearing on the described rules below.

The purpose of this hearing is to obtain public input on the new Secured Containers Rule to be codified as Part 1.10.19 NMAC as well as amendments to the Alternative and Election Day Voting Administration Rule Part 1.10.15 NMAC.

A public hearing will be held on Thursday July 22, from 9:00 am to 11:00 pm, at the State Capitol Building located at 490 Old Santa Fe Trail, Santa Fe, NM 87501 in Room 322.  Every effort will be made to ensure that this hearing will be live streamed on the Office’s website.  The public hearing allows members of the public an opportunity to submit data, testimony, and arguments in person on the proposed rule changes detailed below.  All comments will be recorded by a court reporter.

Authority: Section 1-2-1 NMSA 1978

Proposed Rule

1.10.19 NMAC Secured Containers

Purpose: The purpose of this rule is to provide clear guidance and uniform standards in the application, operation, and interpretation of the law related to secured containers and mailed ballot delivery as prescribed by Section 1-6-9 NMSA 1978.

Summary of Full Text: Section 1.10.19.7 NMAC defines key terms like “secured container,” “permanent drop box,” and “temporary drop box.” Section 1.10.19.8 NMAC provides capacity and accessibility requirements for secured containers. Section 1.10.19.9 NMAC provides the security requirements for secured containers. Section 1.10.19.10 NMAC provides the requirements for video surveillance and record retention for secured containers. Section 1.10.19.11 NMAC provides the preparations county clerks must undertake in order to prepare a secured container for use during an election. Section 1.10.19.12 NMAC provides the requirements for using temporary ballot drop boxes at all voting locations during an election. Section 1.10.19.13 NMAC provides the ballot retrieval procedures county clerks must follow including the use of a chain of custody log when picking ballots up from a secured container or temporary ballot drop box. Section 1.10.19.14 NMAC provides the costs that may be reimbursed by the secretary of state to a county clerk for the installation and use of secured containers.