Section 1-9-7.6 - Voting systems; storage; custody and maintenance; authority to enforce. - New Mexico Statutes

1-9-7.6. Voting systems; storage; custody and maintenance; authority to enforce.

A.     The secretary of state shall prescribe by rule promulgated pursuant to the provisions of the State Rules Act [14-4-1 NMSA 1978] specifications for the proper storage of voting systems. 

B.     Voting systems shall be held in the custody of the county that uses the voting systems.  All voting systems shall be properly stored pursuant to specifications promulgated by the secretary of state.  The board of county commissioners shall be responsible for the costs of properly storing voting systems in custody of the county. 

C.     The secretary of state may pay from the voting system revolving fund the costs of all hardware, software, firmware, maintenance and support for voting systems, whether state- or county-owned, certified for use in state elections. 

D.     If the secretary of state becomes aware that state- or county-owned voting systems in the custody of a county are not being stored pursuant to specifications promulgated by the secretary of state, the secretary of state may take action as is deemed appropriate to protect the voting equipment.  Such action may include requesting a court to order the county to implement the specifications promulgated by the secretary of state or the secretary of state taking immediate physical control of the voting systems until the county has complied with the storage specifications.