SB 295

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AN ACT

RELATING TO ELECTIONS; REQUIRING USE OF PAPER BALLOTS FOR ALL

VOTING SYSTEMS; REQUIRING AN ADEQUATE NUMBER OF VOTING

BOOTHS.

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

Section 1. Section 1-9-5 NMSA 1978 (being Laws 1969,

Chapter 240, Section 188, as amended) is amended to read:

"1-9-5. REQUIREMENT TO PURCHASE AND USE VOTING

SYSTEMS.--

A. Voting systems shall be used in all precincts

in all statewide elections.

B. The county clerk of each county shall provide

one voting system in each precinct for use in the general and

primary elections when the total number of registered voters

in that precinct amounted to fewer than six hundred at the

close of registration.

C. At least one additional voting system shall be

provided in such precinct for every six hundred registered

voters in that precinct; provided that if the voting system

used in the precinct is a paper ballot system, the county

clerk shall ensure that an adequate number of voting booths

are provided in lieu of providing more electronic vote

tabulators.

D. When authorized by the state board of finance,

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the board of county commissioners may acquire new or

previously owned voting or electronic vote tabulating

systems, as tested and approved by the secretary of state

pursuant to the provisions of Section 1-9-14 NMSA 1978, which

systems may be used in any election for public office. The

acquisition of these systems may be in excess of the number

provided in this section.

E. Except for intercounty acquisitions of

equipment approved by the secretary of state, a previously

owned voting or electronic vote tabulating system shall have

a warranty equal to the warranty required of a new voting or

electronic vote tabulating system."

Section 2. Section 1-9-7.1 NMSA 1978 (being Laws 2005,

Chapter 270, Section 56) is amended to read:

"1-9-7.1. VOTING SYSTEM--USE OF PAPER BALLOT.--

A. All voting systems used in elections covered by

the Election Code shall use a paper ballot on which the voter

physically or electronically marks the voter's choices on the

ballot itself; provided, however, that voting systems owned

or used by a county on May 1, 2006 that do not use a paper

ballot may be used until an adequate supply of voting systems

is available and sufficient federal, state or local funds are

available:

(1) to replace the voting systems;

(2) to acquire the necessary software;

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(3) for the secretary of state to purchase

the paper ballots for all counties to use on the new voting

system for primary and general elections; and

(4) to hold the counties harmless for

payments due for voting systems under lease-purchase

agreements entered into pursuant to Sections 1-9-17 through

1-9-19 NMSA 1978.

B. In any event, a voting system shall not be used

if it has not been certified by the secretary of state and if

a competitive bid process has not been conducted by the

secretary of state pursuant to the provisions of Chapter 13,

Article 1 NMSA 1978.

C. The paper ballot shall be used by the state or

its contractor to check either the veracity of a machine count

or the count itself, and shall be used in a recount proceeding

as are absentee ballots, and in case of a discrepancy, the

paper ballot shall be considered the true and correct record

of the voter's choices."