2019 New Mexico Statutes
Chapter 1 - Elections
Article 9 - Voting Machines
Section 1-9-6 - Voting systems; use in other elections.

A. The county clerk may provide for the use of voting systems in other elections or for educational purposes; provided, however, that the county clerk shall make available:

(1) to the school district for use in the school district election, a sufficient number of voting systems necessary to conduct the election in those polling places located within that county; and

(2) to a municipality located in the county, a sufficient number of voting systems to conduct the municipal election.

B. The county clerk shall schedule the use of the voting systems.

History: 1953 Comp., § 3-9-7, enacted by Laws 1975, ch. 255, § 116; 1991, ch. 106, § 3; 2001, ch. 233, § 4.

Repeals and reenactments. — Laws 1975, ch. 255, § 116 repealed 3-9-7, 1953 Comp., relating to voting machines, use in other elections, and enacted a new section.

The 2001 amendment, effective June 15, 2001, substituted "voting systems" for "voting machines" throughout the section.

The 1991 amendment, effective April 2, 1991, in the introductory phrase of Subsection A, substituted "county clerk" for "board of county commissioners" and "the county clerk shall" for "it shall".

Voting for justices of the peace (now magistrates) and constables may be properly conducted by voting machines where all other provisions of the law applicable to the installation and operations of voting machines are observed. 1953 Op. Att'y Gen. No. 53-5737.

Constitutional requirement for separate ballot boxes in municipal bond election. — That portion of 3-4-3 (now repealed) relating to the use of voting machines in bond elections should be regarded as inconsistent with N.M. Const., art. IX, § 12, requiring separate ballot boxes and for that reason separate ballot boxes should be used in all municipal bond elections. 1953 Op. Att'y Gen. No. 53-5643.

Machines do not change requirement that precincts accommodate voters. — Notwithstanding the fact that voting machines may accommodate more than 600 voters, enactment of Laws 1951, ch. 192 (now repealed) did not supersede or repeal 3-2-1, 1953 Comp., requiring county commissioners to divide precincts and voting districts so that no polling place will be required to accommodate more than 600 voters. 1952 Op. Att'y Gen. No. 52-5489.