2019 New Mexico Statutes
Chapter 1 - Elections
Article 9 - Voting Machines
Section 1-9-12 - Care and custody of removable storage media devices; responsibility for transportation of voting systems; responsibility for security and programming; charge for such transportation or programming.
A. The county clerk shall be responsible for transporting all voting systems to and from polling places.
B. The county clerk shall have care and custody of and be responsible for the removable storage media devices for all voting systems in the custody of the county and shall be responsible for the programming of the systems.
C. When voting systems are used in any election, the county clerk shall assure the security of the removable storage media devices at all times during the period the voting systems are being programmed and until the votes recorded on the removable storage media devices are cleared pursuant to Section 1-13-21 NMSA 1978. The county clerk may give written authorization in advance to program the removable storage media devices outside of the county seat, and a copy of the authorization with the programmer named therein shall be kept on file in the county clerk's office subject to public inspection.
D. Failure of the county clerk to assure the security of voting system removable storage media devices in the county clerk's custody shall constitute a neglect to discharge the duties of the clerk's office.
E. A reasonable fee may be charged by the county for the transportation and programming of the voting systems when used pursuant to Section 1-9-6 NMSA 1978, but in no case shall such fee exceed the actual cost to the county.
History: 1953 Comp., § 3-9-13, enacted by Laws 1975, ch. 255, § 120; 1979, ch. 303, § 1; 1991, ch. 106, § 5; 2001, ch. 233, § 7; 2010, ch. 28, § 15.
ANNOTATIONSRepeals and reenactments. — Laws 1975, ch. 255, § 120, repealed former 3-9-13, 1953 Comp., relating to care and custody of machines, and enacted a new 3-9-13, 1953 Comp.
Cross references. — For custody of machines after elections, see 1-13-22 NMSA 1978.
The 2010 amendment, effective March 3, 2010, in the catchline, after "Care and custody of", deleted "keys and seals" and added "removable storage media devices"; after "responsibility for transportation", deleted "repair" and added "of voting systems; responsibility for security"; and after "charge for such", deleted "use"; in Subsection A, after "The county clerk shall", deleted "have custody of all voting systems, shall keep them in good repair and shall", and after "be responsible for", deleted "their transportation" and added "transporting all voting systems"; in Subsection B, after "responsible for the", changed "keys and seals for the voting systems" to "removable storage media devices for all voting systems", after "all voting systems", added "in the custody of the county"; and deleted the former second sentence, which provided that all keys for voting systems shall be kept in a secure place in the county clerk's office until supplies are available to program or maintain the voting system; in Subsection C, after "When voting systems are", deleted "being programmed for" and added "used in"; after "any election", deleted "or maintained after an election"; after "the county clerk", deleted "or the county clerk's assigned deputy who is knowledgeable in the procedure of programming voting systems shall have custody of the keys and"; after "assure the security of the", deleted "keys" and added "removable storage media devices"; and after "voting systems are being programmed", deleted "or maintained" and added "and until the votes recorded on the removable storage media devices are cleared pursuant to Section 1-13-21"; deleted the former second sentence, which provided that all keys shall be returned to the county clerk's office at the end of the day, except that if the deputy is programming the voting systems outside the county seat, the county clerk may authorize the deputy to retain the keys; in the second sentence, after "written authorization in advance", deleted "to the deputy to retain the keys for as long as needed"; after "to program the", deleted "voting systems" and added "removable storage media devices" and after "authorization with the", deleted "deputy" and added "programmer"; and deleted the former third sentence, which provided that in January of each even-numbered year, the county clerk shall give an affidavit to the secretary of state describing the method used to keep the voting system keys secured; in Subsection D, after "security of voting system", deleted "keys" and added "removable storage media devices"; and in Subsection E, after "county for the", deleted "use" and after "voting systems", added "when used pursuant to Section 1-9-6 NMSA 1978".
The 2001 amendment, effective June 15, 2001, substituted "voting systems" for "voting machines" throughout the section.
The 1991 amendment, effective April 2, 1991, substituted "county clerk" for "board of county commissioners" in Subsection A and made minor stylistic changes in Subsection B.
