Section 1-12-43 - Emergency situations. - New Mexico Statutes

1-12-43. Emergency situations.

A.     If any electronic vote tabulator becomes disabled while being used to the extent that any voter is unable to cast a vote for all the candidates or questions of the voter's choice and have such vote recorded by the electronic vote tabulator, it shall be repaired, if possible, or another electronic vote tabulator shall be promptly substituted.

B.     The board of county commissioners shall appropriate funds for servicing, repairing and substituting electronic vote tabulators that become disabled. 

C.     If a disabled electronic vote tabulator cannot be repaired in a reasonable length of time and if there are no other electric vote tabulators available for substitution, the presiding judge shall order marked ballots to be collected and securely preserved until they may be tabulated pursuant to rules promulgated by the secretary of state.

D.     A voter shall not be denied the opportunity to mark a ballot for later tabulation due to the lack of a functioning electronic vote tabulator.

E.     The county clerk shall provide additional ballots if needed and when requested by the precinct board.