New Mexico Register / Volume XXIX,
Issue 3 / February 13, 2018
NOTICE
OF RULEMAKING
Public
Notice: The New Mexico Secretary of State’s Office gives
notice that it will conduct a public hearing in Santa Fe at
the State Capitol Building, 491 Old Santa Fe Trail, Room 321, Santa Fe, New
Mexico 87501, on March 19, 2018, from 9:00 a.m. to
11:00 a.m. (MDT). The purpose of the
public hearing is to receive public input on the proposed repeal and replace of
1.10.12 NMAC - Absentee Voting.
Purpose: The New Mexico Legislature, in 2017 adopted
provisions requiring the Secretary of State to provide a process to make voting
more accessible for blind and visually impaired voters. The proposed rule provides procedures for
county clerks to electronically issue ballots which will enable blind and
visually impaired voters to independently mark an absentee ballot at home using
their own non-visual or low-vision technology.
In addition to this enhancement, election law has evolved greatly in
other areas, necessitating corresponding guidelines for election officials to
use while carrying out their responsibilities of conducting fair and accurate
elections. The proposed rule provides
greater detail on how voters can request an absentee ballot or vote early and
the various ways a ballot can be returned for counting. Consistent procedures for poll workers, who
are responsible for issuing absentee by mail ballots and staffing alternate locations
for early voting before Election Day are also included in the revised
rule. Lastly, instructions on how to
report, tally and canvass absentee and early ballots are made available to the
county clerk and county canvassing board.
Summary
of full text: The proposed changes relate to absentee voting
in elections conducted under the NM Election Code. The changes define terms related to absentee
voting, and provide guidance on a wide range of topics including: the
application process, absentee ballot issuance, paper ballot specifications,
alternate and mobile voting locations for early voting; voting tabulators used
to record and count absentee ballots, vote tabulation; and procedures of
absentee precinct board and canvassing board members on the handling of
absentee ballots.
Authority:
Election
Code, Section,
1-2-2 NMSA, 1978 - The Secretary of State shall: prepare instructions for the
conduct of elections and registration matters in accordance with the laws of
the state; Election Code, Section 1-6-5.4 NMSA 1978 - The Secretary of State
shall adopt rules for protecting the integrity, security and secrecy of the
absentee ballot; Election Code, Section 1-6-5.6 NMSA 1978 - The Secretary of
State shall adopt rules for mobile alternate voting locations in rural areas of
the state; Election Code, Section 1-6-16.1 NMSA 1978 - The Secretary of State
shall adopt rules deemed for the preservation and secrecy of the replacement
absentee paper ballots; Election Code, Section 1-9-7.1 NMSA 1978 - The Secretary
of State shall establish procedures for the use of nonvisual access or low
vision access technology to mark a paper ballot via absentee ballot or voting
at a polling place.
Public Comment. Interested parties may provide comment on the
proposed repeal and replacement of this state rule at the public hearing or may
submit written comments, or both, to Rebecca Martinez, Elections Administrator,
New Mexico Secretary of State, 325 Don Gaspar Avenue, Santa Fe, New Mexico
87501, Suite 300, by electronic mail at sos.rules@state.nm.us, or fax to (505)
827-8081. All written comments must be
received no later than 5:00 p.m. (MDT) Monday, March 16, 2018. The Secretary of State encourages the early
submission of written comments. Persons
may also submit written comments at the public hearing.
Copies of the proposed rule may be
accessed through the New Mexico Secretary of State website at
http://www.sos.state.nm.us/, at the Secretary of State’s Office located at 325
Don Gaspar, Suite 300, Santa Fe NM 87501 or by contacting the Bureau of
Elections at (505) 827-3600 during regular business hours.
Individuals with disabilities who
require the above information in an alternative format or who need any form of
auxiliary aid to attend or participate in the public hearing are asked to
contact Rebecca Martinez at (505) 827-3600 as soon as possible before the date
set for the public hearing. The Secretary
of State requires at least ten (10) calendar days advance notice to provide any
special accommodations requested.