New Mexico Register / Volume XXXVI,
Issue 19 / October 7, 2025
TITLE
1 GENERAL GOVERNMENT
ADMINISTRATION CHAPTER
CHAPTER
10 ELECTIONS AND ELECTED
OFFICIALS
PART
38 EMERGENCY ELECTION
PROCEDURES
1.10.38.1 ISSUING AGENCY: Office of the Secretary of State.
[1.10.38.1
NMAC – N, 10/7/2025]
1.10.38.2 SCOPE:
This
rule applies to election procedures during an emergency.
[1.10.38.2
NMAC – N, 10/7/2025]
1.10.38.3 STATUTORY AUTHORITY: Section 1-2-1 NMSA 1978.
[1.10.38.3
NMAC – N, 10/7/2025]
1.10.38.4 DURATION:
Permanent.
[1.10.38.4
NMAC – N, 10/7/2025]
1.10.38.5 EFFECTIVE DATE: October 7, 2025, unless a later date is cited
at the end of a section.
[1.10.38.5
NMAC – N, 10/7/2025]
1.10.38.6 OBJECTIVE:
To
establish emergency election procedures for the secretary of state and county
clerks.
[1.10.38.6
NMAC – N, 10/7/2025]
1.10.38.7 DEFINITIONS: [RESERVED]
1.10.38.8 EMERGENCY DECLARATIONS: Upon issuance of an executive
order declaring a state of emergency or an executive order for an impending
emergency, the secretary of state shall authorize county clerks in impacted
counties to evaluate and develop emergency contingency plans to ensure maximum
participation in the electoral process and provide a safe and orderly procedure
for impacted elections.
[1.10.38.8
NMAC – N, 10/7/2025]
1.10.38.9 POLLING LOCATIONS:
A. A county clerk shall notify the secretary of state in
writing of any natural disasters impacting election operations. As soon as
possible following the issuance of an executive order declaring an emergency,
the county clerk shall identify the number of polling places that are
functional and the number of polling places that are no longer functional.
B. A
court order is required in order to change a
designated polling location pursuant to Section 1-3-8 NMSA 1978. In addition,
if a polling place is destroyed, inaccessible or unsafe, efforts should be made
to work with federal, state and local emergency management agencies to permit
the orderly establishment of a new polling place. An alternate emergency
location shall be identified by the county clerk and authorized by the
secretary of state prior to the clerk seeking a court order, provided that:
(1) a newly established voter convenience center
shall meet the requirements for voter convenience centers in Section 1-3-4 NMSA
1978.
(2) a court may authorize the use of one county’s
voting location for use in another county.
(3) any contingency plans involving elimination
or consolidation of a polling place or establishment of an alternative voting
or mobile voting unit within an Indian nation, tribe or pueblo shall occur
pursuant to Section 1-21A-9 NMSA 1978.
C. Upon receipt of a court order, the county clerk issue
a press release and shall post any ordered changes to polling locations to the
county clerk’s website. The posting and press release shall include the address
of the new location and its hours of operation.
[1.10.38.9
NMAC – N, 10/7/2025]
1.10.38.10 MAILED BALLOT DELIVERY:
A. The
county clerk shall notify the secretary of state in writing of any impact to
mailed ballot delivery.
B. Any
delays, closures of secured monitored containers or additional changes to the
ability of voters to receive or return a mailed ballot shall be posted as soon
as practicable on the county clerk's website with information on how voters may
participate in the election; and
C. If necessary, the secretary of state may
authorize the county clerk to transmit ballot and balloting materials by
secured electronic transmission available to the county clerk to voters who
have submitted an emergency mailed ballot request on a form prescribed by the
secretary of state.
[1.10.38.10
NMAC – N, 10/7/2025]
1.10.38.11 ELECTION TIMELINE: Nothing in this rule shall
be interpreted as extending or as an extension of the time
period for an election.
[1.10.38.11
NMAC – N, 10/7/2025]
History
of 1.10.38 NMAC: [RESERVED]