FACT
New Mexico statute requires that several steps are taken to ensure voting machines are transparently and properly certified. One of the first steps taken is for the county clerk to send notice to the county chair of each political party having a candidate on the ballot in the election to notify them of the times and places where the voting machines will be prepared. This statute allows for party and organization representatives, as well as election observers and candidates to be present at the preparation, inspection and sealing of the voting machines to ensure compliance with the Election Code (1-2-8, NMSA 1978).
Statute also states that 42 days before the election, the county clerk may begin to prepare, inspect, certify and seal electronic voting machines that are used in the election and must continue until all machines are completed. The county clerk is then required to certify to the secretary of state and the county chair of each political party participating in the election the type of serial number of each voting machine intended to be used in each polling location, by precinct number, where applicable (1-11-5, 1-11-6 (A), 1-11-7, NMSA 1978).
There are additional statutes concerning electronic voting machines for absentee voting that require similar steps described above that also must be taken, including having the county clerk certify to the secretary of state and the county chair of each political party represented on the ballot the type of serial number of each voting machine to be used (1-6-9.2 (A), NMSA 1978 and 1.10.12.12 NMAC, 1-6-9.2 (B), NMSA 1978 and 1.10.12.12. (A)(2) NMAC). A post audit is also done by an auditor qualified by the state auditor. The auditor publicly selects a random sample of precincts from a pool of all precincts in the state no later than 12 days after the election. The auditor is required to release the results to the public. (1-14-13.2).
