HOUSE BILL 198

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR THE MAINTENANCE, CARE, SUPPORT AND STORAGE OF VOTING SYSTEMS PURCHASED IN 2006 WITH STATE OR FEDERAL FUNDS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 1, Article 9 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] VOTING SYSTEMS PURCHASED IN 2006-- MAINTENANCE AND CUSTODY.--Notwithstanding any provisions of Section 1-9-12 NMSA 1978 to the contrary, for voting systems purchased with state or federal funds in calendar year 2006:

          A. the systems shall be owned by the state, and if sufficient funds are appropriated by the legislature, the state shall be responsible for all hardware, software, firmware, maintenance and support of those systems; and

          B. each system shall be held in the custody and care of the county using the voting system and shall be safely stored by the county pursuant to guidelines issued by the secretary of state. The counties shall be responsible for the costs of properly storing the voting systems."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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