TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 10 ELECTIONS AND ELECTED OFFICIALS
PART 19 SECURED CONTAINERS
1.10.19.1 ISSUING AGENCY: Office of the
Secretary of State.
[1.10.19.1 NMAC – N, 8/24/2021]
1.10.19.2 SCOPE: This rule applies
to any election covered under the Election Code, Section 1-1-19 NMSA 1978.
[1.10.19.2 NMAC - N, 8/24/2021]
1.10.19.3 STATUTORY AUTHORITY: This rule is
authorized by Section 1-2-1 and Section 1-6-9 NMSA 1978.
[1.10.19.3 NMAC - N, 8/24/2021]
1.10.19.4 DURATION: Permanent.
[1.10.19.4 NMAC - N, 8/24/2021]
1.10.19.5 EFFECTIVE DATE: August 24, 2021,
unless a later date is cited at the end of a section.
[1.10.19.5 NMAC - N, 8/24/2021]
1.10.19.6 OBJECTIVE: The objective of
this rule is to provide clear guidance and uniform standards in the
application, operation, and interpretation of the law related to secured
containers and mailed ballot delivery as prescribed by Section 1-6-9 NMSA 1978.
[1.10.19.6 NMAC - N, 8/24/2021]
1.10.19.7 DEFINITIONS:
A. “Permanent ballot
drop box” means the
same thing as “secured container,” and the terms may be used synonymously.
B. “Secured
container” means a permanent and secure receptacle, that meets the
requirements of Subsection E of Section 1-6-9 NMSA 1978, and is established by
the county clerk whereby voters and those authorized to deliver a voted mailed
ballot pursuant to Section 1-6-10.1 NMSA 1978 may return an official mailing
envelope to the election official from whom it was obtained.
C. “Temporary ballot
drop box” means a
secure receptacle supervised by election workers or county employees located
inside the office of the county clerk, an alternate voting location, a mobile
voting location, or election day voting location to collect official mailing
envelopes dropped off pursuant to Subsection D of Section 1-6-9 NMSA 1978.
D. “Video surveillance” means
internet security systems or internet protocol cameras that use the internet by
networking to send and receive data.
E. “Sensors” means a device which
detects or measures physical property and records, and indicates, or otherwise
responds to them.
F. “Sensor alert” means when a
device detects events that are not part of the normal working environment and
then sends signals to warn of abnormality.
[1.10.19.7 NMAC – N, 8/24/2021; A, 8/31/2023]
1.10.19.8 CAPACITY REQUIREMENTS:
A. To
meet the requirement of Subsection E of Section 1-6-9 NMSA 1978, which provides
that all voters have the option to use a secured container to return official
mailing envelopes, county clerks shall provide one ballot box per 25,000
registered voters in the county with a minimum of two secured containers
required per county. County clerks may
request a waiver from the secretary of state to the minimum requirement set by
the formula with consideration given for special geographic or security
constraints.
B. Secured
containers shall be located in a manner that provides
the greatest convenience and accessibility to voters. County clerks may consider providing secured
containers at main county or city office buildings. Other locations to consider
include college campuses, libraries, community centers, and other public
buildings with adequate accessibility, lighting, and network access to install
the required video surveillance system.
C. When possible, secured containers
should be placed in such a way to be accessible to voters with
disabilities. For example, the secured
container should be placed along an accessible path near an Americans with Disabilities
Act compliant parking space. If there is
no accessible pathway from the parking lot, there should be signs directing the
voter to the nearest accessible secured container.
D. In
accordance with Paragraph (1) of Subsection E of Section 1-6-9 NMSA 1978, the
county clerk shall set the days and times the secured containers are
available. To maximize the convenience
to the voters, the county clerk shall, whenever possible, make secured
containers available for use by a voter 24 hours a day starting 28 days before
an election and on election day.
E. A
temporary ballot drop box shall be made available to drop off official mailing
envelopes inside all in-person voting locations pursuant to Subsection D of
Section 1-6-9 NMSA 1978. This is to ensure that a dedicated receptacle is
available to secure and isolate voted mailed ballots
being returned to a voting location.
F. Only
ballots secured in the absentee official mailing envelope placed inside of a
permanent and temporary ballot drop box shall be counted. Under no circumstance
should provisional ballots, hand tally sheets, or
ballots voted in person be intermingled with voted mailed ballots collected in
the drop boxes.
[1.10.19.8 NMAC – N, 8/24/2021; A, 8/31/2023]
1.10.19.9 SECURED CONTAINER SECURITY REQUIREMENTS:
A. A
county clerk shall request approval from the secretary of state prior to
installation of a secured container to ensure it meets minimum security
requirements. The secretary of state shall respond to such requests within 14
days.
B. A secured container shall be
permanently bolted to the ground in accordance with the instructions provided
by the container manufacturer. A secured
container shall be constructed of weather-resistant metal and capable of
securely receiving and holding voted mailed ballots. A secured container shall have network
accessibility and shall have installed heat, humidity and motion sensors.
C. A
secured container and monitoring network hardware shall be secured and locked at all times.
Only the county clerk or deputy county clerk, election board member or
appointed messenger shall have access to the keys or combination of the lock.
The county clerk shall maintain a key control log on a form prescribed by the
secretary of state to document the utilization of and to account for secured
container keys. All keys issued by the secretary of state shall be controlled,
accounted for, and not easily accessible. Upon the election or appointment of a
new county clerk and after each U.S. presidential election, lock combinations
shall be changed and documented on a form prescribed by the secretary of state.
All forms utilized pursuant to this section shall be retained by the county
clerk as a record related to voting pursuant to Subsection G of Section 1-12-69
NMSA 1978.
D. In addition to locks, all
secured containers shall be sealed with one or more tamper-evident seals while
in use. Lock combinations shall be changed when a new clerk is appointed or
elected and after each U.S. presidential election. Combination lock changes
shall be documented by the county clerk.
E. Secured
containers shall be installed in a lighted area and monitored by a centralized
video surveillance camera system provided by the secretary of state. The video surveillance system shall otherwise
be monitored and controlled by the county clerk through a video surveillance
dashboard. The county clerk shall
immediately review video surveillance footage upon receiving a report of an
irregular or illegal incident or upon receipt of a sensor alert and:
(1) beginning 28 days prior to election day and through the certification of
the county canvass, the county clerk shall log into the video surveillance
dashboard each day. During all other weeks of a calendar year, the county clerk
shall log into the video surveillance dashboard on a weekly basis.
(2) The county clerk shall maintain a
list of the clerk’s office personnel with access to the video surveillance
dashboard and shall notify the secretary of state’s office of any changes to
the list. The county clerk shall contact the secretary of state for required
training and shall ensure that all persons granted dashboard access complete
required training, provided by the secretary of state, prior to utilizing the
dashboard.
F. The
county clerk shall contact the secretary of state’s office with security or
operational concerns immediately upon discovery.
G. When secured containers are not in use and immediately after
7:00 P.M. on election day as is practical, the county clerk shall install the
slot closer on the secured container to prevent access. Covers may also be placed over the secured
container to protect the container when not in use.
[1.10.19.9 NMAC – N, 8/24/2021; A, 8/31/2023]
1.10.19.10 VIDEO SURVEILLANCE RECORD RETENTION:
A. Video recordings shall operate during the start of absentee
voting through election day for all elections conducted under the election
code.
B. Video
recordings shall be maintained as a record related to voting pursuant to the
provisions of Section 1-12-69 NMSA 1978, except that recordings shall be
retained beyond the normal retention period pending the resolution of any
reported incident.
C. The
relevant county clerk is responsible for maintaining all camera recordings, is
the proper custodian of these recordings, and is responsible for fulfilling
public record requests associated with these video recordings.
[1.10.19.10 NMAC – N, 8/24/2021]
1.10.19.11 SECURED CONTAINER ELECTION PREPARATIONS: Prior to every election, county clerks shall conduct the
following preparations to ensure secured containers are available:
A. provide notice to voters pursuant to Paragraph (1) of
Subsection E of Section 1-6-9 NMSA 1978;
B. recruit,
hire, and train additional staff members to monitor, maintain, and collect
ballots;
C. plan
daily driving routes for ballot collection;
D. ensure
video surveillance system is working properly;
E. ensure
adequate supplies are available including security seals, keys, chain of
custody logs, and ballot transport containers; and
F. inspect,
clean, and otherwise ensure the secured container is in proper working order to
receive ballots as soon as ballots are mailed.
[1.10.19.11 NMAC – N, 8/24/2021]
1.10.19.12 TEMPORARY BALLOT DROP BOX REQUIREMENTS:
A. A
temporary ballot drop box shall be under the direct supervision of county clerk
staff or election board member.
B. When
not in use, a temporary ballot drop box shall be placed in an area that is inaccessible
to the public and otherwise secured and safeguarded.
C. A
temporary ballot drop box shall be secured and locked at all
times. Only an election official,
messenger, or someone designated to retrieve ballots shall have access to the
keys or combination of the lock. In
addition to locks, all temporary ballot drop boxes
shall be sealed with one or more tamper-evident seals.
D. All
temporary ballot drop boxes shall be emptied by the
end of each day in accordance with a defined chain of custody process in Subsection
D of Section 1.10.19.13 NMAC. Only
personnel designated to retrieve the ballots may transport the retrieved
ballots.
[1.10.19.12 NMAC – N, 8/24/2021]
1.10.19.13 BALLOT RETRIEVAL PROCEDURES:
A. Pursuant to Paragraph (5) of Subsection E of Section 1-6-9
NMSA 1978, the county clerk, deputy county clerk, election board member or an
appointed messenger shall collect the ballots from a secured container. One or more deputy county clerks may be hired
by the county clerk on a temporary basis to fulfill this requirement for the time period in which a secured container is available for
use. Only personnel designated to
retrieve the ballots may transport the retrieved ballots.
B. The
county clerk shall provide the approximate time the ballots will be collected
from a secured container. Ballots shall
be collected at least once every three days beginning 28 days prior to election
day through 7:00 P.M. on election day.
C. Ballots
shall be transported in a secure ballot transport container.
D. A
chain of custody form shall be completed by the person collecting the ballots
every time ballots are collected. A
separate chain of custody form is required for each permanent or temporary drop
box. The chain of custody form shall be
prescribed by the secretary of state and shall include:
(1) the
location of the drop box;
(2) date
and time of arrival;
(3) number
of ballots retrieved;
(4) security
seal number when box is opened;
(5) security
seal number when box is locked and sealed again;
(6) full
name of the person retrieving the ballots; and
(7) any
other observations of note to include any appearance of tampering or damage to
the drop box.
E. The
person collecting the ballots from the permanent or temporary drop box shall
also record the date, time, drop box location, and identity of the person
collecting the boxes on each of the official mailing envelopes collected.
F. Upon
the arrival of the collected ballots at the office of the county clerk or other
designated ballot intake or central count location, the county clerk or
designee shall receive the ballots and complete the bottom of the chain of
custody form to include:
(1) date
and time of receipt;
(2) number
of ballots received (which should match the number in the upper section of the
form provided by the person collecting the ballots);
(3) a
verified comparison to the previous days seal number, if applicable; and
(4) full
name and signature of the receiving staff member.
G. Any
ballots retrieved from a permanent or temporary ballot drop box shall be
processed and secured in the same manner as those absentee ballots otherwise
delivered to the office of the county clerk, such as by the United States
postal service.
H. All
temporary ballot drop boxes and ballot transport
containers shall be numbered and kept in a log to ensure all are returned at
the end of a voting day and on election night.
[1.10.19.13 NMAC – N, 8/24/2021; A, 8/31/2023]
1.10.19.14 REIMBURSEMENT BY THE SECRETARY OF STATE:
A. County clerks may request reimbursement from the secretary
of state for purchasing approved containers and supplies related to maintaining
permanent and temporary ballot drop boxes.
B. Requests
for reimbursement made to the secretary of state are required to be submitted
in a manner prescribed by the secretary of state no later than 45 days after
election day.
C. The secretary of state shall
reimburse county clerks for all expenses deemed by the secretary of state to be in compliance with this section.
[1.10.19.14 NMAC – N, 8/24/2021; A, 8/31/2023]
History of 1.10.19 NMAC: [RESERVED]