N.M. Admin. Code § 1.10.25.8

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.10.25.8 - SECRETARY OF STATE PROCEDURES

A. All voter registration organizations shall register with the secretary of state or a county clerk, prior to the provision of substantive assistance to a registrant, on a prescribed form that will be made available on the internet on the secretary of state's website and at county clerk offices. The form may be hand-delivered, hand-delivered by another person, or delivered by mail or as a portable document format (.pdf) file via email to the secretary of state's office. The form must bear a legible notary seal or the equivalent.

B. All third-party registration agents shall register with the secretary of state or a county clerk, prior to the provision of substantive assistance to a registrant, on a prescribed form that will be made available on the internet on the secretary of state's website and at county clerk offices. The form may be hand-delivered, hand-delivered by another person, or delivered by mail or as a portable document format (.pdf) file via email to the secretary of state's office. The form must bear a legible notary seal or the equivalent. Third-party voter registration agents shall not be required to fill out the requisite forms in person at the secretary of state's or a county clerk's office.

C. The secretary of state's office shall time and date stamp each completed voter registration form received before sending the form to the appropriate county for entry into the voter registration database.

D. Beginning March 1, 2011, the secretary of state shall prescribe a certificate of voter registration that includes a receipt for voter registration that shall be provided to the voter by the third-party registration agent. The voter's receipt shall include language informing the voter that the third-party registration agent is responsible for returning the original certificate of voter registration to the secretary of state or county clerk if he or she assists in completing the form - i.e., if he or she takes possession of the completed form - and that failure of the third-party registration agent to do so will result in the voter not being registered to vote in elections in New Mexico.

E. The secretary of state shall keep a record of all certificates of voter registration with a traceable number that is provided to voter registration organizations. The secretary of state shall also provide New Mexico voter registration forms in quantities of twenty (20) per third party voter registration agent. The secretary of state retains discretion to increase these quantities for special events and circumstances. Any member of a voter registration organization may pick up blank New Mexico voter registration forms, including on behalf of other third party voter registration agents in the organization, provided, however, that any agent picking up forms for another agent must produce the absent agent's completed log pursuant to Subsection H of 1.10.25.8 NMAC. The secretary of state shall also keep a list of all third-party registration agents which will be available on the secretary of state's website.

F. For purposes of computing any time period specified in this rule, the secretary of state's office and its agents shall exclude intermediate Saturdays, Sundays, and federal or state holidays.

G. All third party voter registration agents must complete training regarding the use of voter registration forms, the requirements that Section 1-4-49 NMSA 1978, places on third party voter registration agents, and the penalties for failing to comply with Section 1-4-49 NMSA 1978. Such training will be offered in person, both from the secretary of state's office and from each county clerk in the state of New Mexico, but training must also be made available to all third party voter registration agents who cannot attend in person, including making training available through the internet on the secretary of state's website.

H. Each third party voter registration agent shall maintain a log regarding the use of each blank state of New Mexico voter registration card the agent receives from the secretary of state or a county clerk. The log, the form of which will be available on the secretary of state's website, shall include the unique identification number associated with each form, whether the registrant or the third party voter registration agent took possession of the form upon completion by the registrant, and, if the third party voter registration agent took possession of the form upon completion by the registrant, the date the form was completed by the registrant. Third party voter registration agents shall produce a completed log when requesting additional blank voter registration forms from the secretary of state or a county clerk.

N.M. Admin. Code § 1.10.25.8

1.10.25.8 NMAC - N, 8-15-2005; A/E, 9-21-2010