HOUSE BILL 1026

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Mary Helen Garcia

AN ACT

RELATING TO ELECTIONS; REQUIRING THE USE OF VOTER-VERIFIABLE PAPER BALLOTS; CHANGING REQUIREMENTS FOR TESTING AND CERTIFICATION OF VOTING SYSTEMS; 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--USE OF VOTER-VERIFIABLE PAPER BALLOTS.--All voting systems used in elections covered by the Election Code shall produce a voter-verifiable paper ballot as the medium on which a voter selects a candidate or indicates a yes or no on a ballot question by marking the ballot. The paper ballot shall be the official ballot of record for recounts and audits. Voting systems owned or used by a county on the effective date of this section that do not produce a voter-verifiable paper ballot to record the voters' preferences may be used until the first occurrence of the following:

          A. adequate federal, state or local funds are appropriated to replace those voting systems; or

          B. July 1, 2008."

     Section 2. A new section of Chapter 1, Article 9 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] VOTING SYSTEMS--TESTING OF PREVIOUSLY CERTIFIED SYSTEMS.--The secretary of state may voluntarily test and certify voting systems without an application by the manufacturer if the system has been previously certified by other states or by the national association of state election directors. Tests and inspections conducted pursuant to this section shall follow the testing procedures in Section 1-9-14 NMSA 1978 and shall be completed within six months of the date on which testing begins; provided, however, that if the manufacturer has not applied for certification of that voting system, the manufacturer shall not be required to pay for the costs of testing and certification."

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 2 -