Section 3-8-14 - Voting machines; ordering; preparation; certification; delivery. - New Mexico Statutes

3-8-14. Voting machines; ordering; preparation; certification; delivery.

A.     If voting machines are to be used, the municipal clerk shall order the machines from the county clerk within fifteen days of the adoption of the election resolution, and the county clerk shall supply such voting machines pursuant to Section 1-9-6 NMSA 1978.  The county shall provide voting machine technicians, voting machine programming and voting machine transportation.  The municipality shall pay the reasonable fee charged by the county for such services and the use of the voting machines, but in no case in an amount that exceeds the actual cost to the county pursuant to Section 1-9-12 NMSA 1978.

B.     If voting machines are to be used, the municipal clerk shall order at least one voting machine for every polling place; provided that the municipal clerk shall order a sufficient number of voting machines to ensure that the eligible voters in that polling place shall be able to vote in a timely manner. 

C.     Programming of electronic machines shall be performed under the supervision of the municipal clerk and the county clerk.  The machines shall be programmed so that votes will be counted in accordance with specifications for electronic voting machines adopted by the secretary of state.

D.     Immediately upon receipt of the notice of date, time and place of inspection and certification, the municipal clerk shall post such notice in the office of the municipal clerk and attempt to contact the candidates using the information listed on the declaration of candidacy to give each candidate notice of the date, time and place of inspection and certification.

E.     Inspection and certification shall occur not later than seven days prior to the election and shall be open to the public.  If voting machines are to be used for absentee voting, inspection and certification shall occur not later than seven days prior to the beginning of absentee voting and shall be open to the public.

F.     At the date, time and place for inspection and certification, in the presence of the county clerk and those municipal candidates present, if any, the municipal clerk shall:

(1)     ensure that the correct ballot sheet has been installed on each voting machine, if ballot sheets are to be installed; 

(2)     test each counter for accuracy by casting votes upon it until it correctly registers each vote cast; 

(3)     test each voting machine to ensure that it has been correctly programmed; and 

(4)     inform the county clerk when each machine is satisfactory and ready to be certified.

G.     If the municipal clerk informs the county clerk that a machine is satisfactory and ready to be certified:

(1)     the county clerk shall reset each counter at zero; 

(2)     the voting machine shall be immediately sealed with a numbered seal so as to prevent operation of the machine or its registering counters without breaking the seal;

(3)     the municipal clerk shall prepare a certificate in triplicate for each machine that shall:

(a)     show the serial number of the voting machine; 

(b)     state that the voting machine has all of its resettable registering counters set at zero;

(c)     state that the voting machine has been tested by voting on each registered counter to prove the counter is in perfect condition;

(d)     state that the correct ballot sheet has been installed on the voting machine, if ballot sheets are to be installed;

(e)     show the number of the seal that has sealed the machine; and 

(f)     show the number registered on the protective counter; 

(4)     a copy of the certificate shall be delivered to the county clerk, the original certificate shall be filed in the office of the municipal clerk and one copy shall be posted on the voting machine; and

(5)     if the voting machine requires keys, the keys to the voting machine shall be enclosed in a sealed envelope on which shall be written: 

(a)     the number of the precinct and polling place to which the machine is assigned; 

(b)     the serial number of the voting machine;

(c)     the number of the seal that has sealed the voting machine; 

(d)     the number registered on the protective counter; and

(e)     the signatures of the county clerk, the municipal clerk and all candidates present, if any, at the inspection and certification.

H.     After certification of the voting machines, if the voting machines require keys, the county clerk shall keep the keys to the voting machines in the county clerk's custody and shall deliver the keys to the municipal clerk when the voting machines are delivered for election.  The municipal clerk shall secure in the office of the municipal clerk all the envelopes containing the keys to the voting machines until delivered to the presiding judge of the election.

I.     An objection to the use of a particular voting machine shall be filed in the district court within two days after the machine has been certified.  Any objection so filed shall specify the number of the voting machine objected to and the reason for the objection.  Each voting machine shall be conclusively presumed to be properly prepared for the election if it has been certified unless a timely objection has been filed.

J.     Voting machines certified in accordance with this section shall be delivered to the assigned precinct polling place no earlier than five days prior to the election and no later than noon on the day prior to the election, provided that any voting machines to be used for absentee voting shall be delivered to the municipal clerk no earlier than five days prior to the beginning of absentee voting and no later than noon on the day prior to the beginning of absentee voting in person in the office of the municipal clerk.

K.     The municipal clerk shall refuse to certify any voting machine that the municipal clerk determines is not programmed properly, is not working properly or will not fairly or accurately record votes.  Only voting machines that have been certified by the municipal clerk shall be used in the election.