New Mexico Register / Volume
XXXIV, Issue 12 / June 27, 2023
TITLE 1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER 10 ELECTIONS
AND ELECTED OFFICIALS
PART 36 ELECTION
FUND GRANTS, REIMBURSEMENTS AND REPORTING
1.10.36.1 ISSUING
AGENCY: Office of the Secretary of State.
[1.10.36.1 NMAC - N, 7/1/2023]
1.10.36.2 SCOPE:
This
rule applies to any statewide elections required by the Election Code.
[1.10.36.2 NMAC - N, 7/1/2023]
1.10.36.3 STATUTORY
AUTHORITY: Section 1-11-19 NMSA 1978; Section 1-2-1 NMSA 1978.
[1.10.36.3 NMAC - N, 7/1/2023]
1.10.36.4 DURATION:
Permanent
[1.10.36.4 NMAC - N, 7/1/2023]
1.10.36.5 EFFECTIVE
DATE: July 1, 2023, unless a later date is cited at the end of a section.
[1.10.36.5 NMAC - N, 7/1/2023]
1.10.36.6 OBJECTIVE:
To
establish the procedure for election grants, reimbursements and reporting
between the secretary of state and county clerks for the purposes of paying the
costs of conducting and administering statewide elections required by the
Election Code.
[1.10.36.6 NMAC - N, 7/1/2023]
1.10.36.7 DEFINITIONS:
A. “Compensation for poll workers,
election board members, and messengers” means the compensation to members
of an election board on Election Day and members of an election board and
messengers assigned to alternate voting or alternate mobile voting locations or
absent voter precincts, provided that:
(1) Election board members on Election
Day shall be compensated up to $400 pursuant to Section 1-2-16 NMSA 1978.
Compensations for training provided prior to Election Day is not subject to the
$400 statutory limitation.
(2) Members of an election board and
messengers assigned to alternate voting or alternate mobile voting locations,
monitored secured containers, or absent voter precincts shall be compensated no
less than the minimum wage of the state of New Mexico and no more than double
the minimum wage of the state of New Mexico.
B. “Election equipment” means
tabulators, ballot on demand systems, same-day voter registration tablets, and
ancillary equipment used to cast and count votes, designed to print or to make
ballots at a polling location, or considered a component of a voting system
under Section 1-9-1 NMSA 1978 and includes:
(1) The number of tabulators pursuant to
Section 1-9-7 NMSA 1978
(2) The number of ballot on demand
systems pursuant to the formula developed by the secretary of state pursuant to
Section 1-9-5 NMSA 1978.
C. “Eligible expenses” means
expenditures necessary for conducting and administering statewide elections or
post-election canvass as statutorily required by the Election Code and include:
(1) All necessary and reasonable expenses
incurred by a county clerk for compliance with the Native American Voting
Rights Act, including the costs of election equipment, translation, and
personnel for polling places and monitored secured containers on Indian nation,
tribal, or pueblo land.
(2) Ballot and ballot permit paper.
(3) Compensation
for poll workers, election board members, and messengers.
(4) Election
equipment.
(5) Election
supplies.
(6) Election publications as required by the Election Code.
(7) Language interpreters.
(8) Office supplies.
(9) Postage.
(10) Recount costs.
(11) Tabulator delivery.
(12) Tabulator programming.
(13) Vendor support.
D. “Election supplies” means
supplies necessary for conducting and administering statewide elections
statutorily required by the Election Code and include test decks for the
purposes of certifying voting machines.
E. “Ineligible expenses” means
expenditures that are not necessary and reasonable for the administration of a
statewide election or post-election canvass as determined by the secretary of
state.
F. “Office supplies” means
consumable office supplies purchased for conducting and administering statewide
elections as required by the Election Code.
Such supplies are limited to items required to conduct the election and
post-election canvass including paper, ballot marking pens, pencils,
paperclips, staples etc.
[1.10.36.7 NMAC - N, 7/1/2023]
1.10.36.8 MEMORANDUMS
OF UNDERSTANDING:
A. The secretary of state shall provide
memorandums of understanding (MOUs) to each county for the granting of funds to
cover eligible expenses for a statewide election at least ninety days prior to election
day.
B. The secretary of state and county
clerks shall finalize and sign MOUs at least 60 days prior to Election Day.
C. Should a MOU between the secretary
of state and a county clerk fail to be finalized 60 days prior to an election,
counties shall only be reimbursed for eligible expenses as outlined in 1.10.36
NMAC and will only be reimbursed upon finalization of an executed MOU.
D. The secretary of state is not
responsible for entering into MOUs for the administration of the municipal
officer election occurring in even-numbered years. However, county clerks may finalize and sign
MOUs with municipalities participating in those elections.
E. The secretary of state is not
responsible for entering into MOUs for the administration of special
elections. However, county clerks may
finalize and sign MOUs with local public bodies participating in those
elections.
[1.10.36.8 NMAC - N, 7/1/2023]
1.10.36.9 ADDITIONAL
AND INELIGIBLE EXPENSES:
A. If election costs incurred to a
county exceed the initial amount provided through a MOU, the county may request
reimbursement no later than 45 days after a statewide election using a
prescribed form provided by the secretary of state with a description detailed
enough to directly associate the expense to the election. Additional costs are not guaranteed to be
reimbursed but shall be reimbursed by the secretary of state if they are
determined to be eligible expenses as outlined in 1.10.36.7 NMAC.
B. The secretary of state shall not
reimburse ineligible expenses. The
secretary of state shall utilize historical data including voter turnout to
make determinations regarding eligibility of expenses.
[1.10.36.9 NMAC - N, 7/1/2023]
1.10.36.10 REPORTING
REQUIREMENTS:
A. Each county clerk shall file a
report of expenditures with the secretary of state no later than 45 days after
a statewide election for timely reimbursement and/or accounting. The report shall include an official form
provided by the secretary of state as well as descriptions with a description
detailed enough to directly associate the expense to the election with
line-item reporting of expenditures incurred such that the secretary of state
can reconcile each expense by counties during the election.
B. County clerks shall return any
unused funds via physical check made out to the office of the secretary of
state no later than 45 days after a statewide election.
C. If a county clerk does not file
expenditure reports by the deadline established in Section A of 1.10.36.10
NMAC, the county shall be reimbursed after a report is filed and as funds
become available for reimbursement.
[1.10.36.10 NMAC - N, 7/1/2023]
HISTORY OF 1.36.11 NMAC: [RESERVED]