Section 17. Paper Ballot Transfer

A. Paper ballots cast in a voting tabulator for early voting shall remain in the custody of the [precinct] election board assigned to the alternate voting location or mobile alternate voting location in either the ballot holding bin of the voting tabulator, or if deemed necessary, in a locked ballot box with two padlocks or numbered seals, designated for the specific tabulator. B. Paper ballots removed from the ballot holding bin of the voting tabulator on a daily basis shall only be removed after voting hours by the presiding judge and two election judges, one of a differing political party than the presiding judge. The ballots shall be placed into a locked ballot box, with two padlocks or numbered seals designated for the specific tabulator. (1) Those ballots diverted to the write-in holding bin and those ballots placed in the hand tally bin shall also be removed daily. Tabulated, write-in and hand tally ballots shall be kept separate from each other, but shall be retained by date and specific to the tabulator. (2) The presiding judge and two election judges, one of a differing party than the presiding judge must execute a certificate containing the date and voting tabulator serial number for each ballot type, after the transfer of ballots on a daily basis. (3) The locked ballot box shall be placed in a locked room at the county clerk’s office, alternate voting location or mobile alternate voting location. If a location does not have a locked room, the county clerk shall either provide a cabinet with a locking device to be placed at the location for the presiding judge to place the ballot box, or the county clerk shall take possession of the locked ballot box and store it at the county clerk’s office until it is transferred to the absent voter election board. The presiding judge or county clerk shall have sole possession of the key to the locked room. C lerk shall either provide a cabinet with a locking device to be placed at the location for the presiding judge to place the ballot box, or the county clerk shall take possession of the locked ballot box and store it at the county clerk’s office until it is transferred to the absent voter election board. The presiding judge or county clerk shall have sole possession of the key to the locked room. C. Paper ballots that remain in the ballot holding bin of the voting tabulator for the duration of voting, shall be checked daily before voting hours begin by two election judges, one of a differing party than the presiding judge, and in the presence of the presiding judge. If the ballots are touching or near the diverter device, they shall be laid down in a stack, as to avoid a jam in the diverter. (1) If the ballot holding bin of the voting tabulator becomes full during voting hours, the presiding judge and two election judges, one of a differing party than the presiding judge, shall unlock the bin and transfer the ballots to a locked ballot box, with two padlocks or numbered seals, specific to the tabulator. The presiding judge shall, in an audible tone, explain the reason for the removal and transfer of ballots. (2) The presiding judge and two election judges, one of a differing party than the presiding judge must execute a certificate containing the date and voting tabulator serial number for each ballot type, after the transfer of the ballots. Those ballots diverted to the write-in holding bin and those ballots placed in the hand tally bin shall also be removed, kept separate from each other and specific to the tabulator. (3) The locked ballot box shall be placed in a locked room at the county clerk’s office, alternate voting location or mobile alternate voting location ial number for each ballot type, after the transfer of the ballots. Those ballots diverted to the write-in holding bin and those ballots placed in the hand tally bin shall also be removed, kept separate from each other and specific to the tabulator. (3) The locked ballot box shall be placed in a locked room at the county clerk’s office, alternate voting location or mobile alternate voting location. If a location does not have a locked room, the county clerk shall either provide a cabinet with a locking device to be placed at the location for the presiding judge to place the ballot box or shall take possession of the locked ballot box and stored at the county clerk’s office until transferred to the absent voter election board. The presiding judge or county clerk shall have sole possession of the key to the locked room. D. After the transfer, recording and securing of ballots in accordance with this section, the voting tabulator will remain in open polls status, put back into use for the duration of the voting period and the removable storage media device cartridge will not be cleared out. [1.10.12.17 NMAC - Rp, 1.10.12.17 NMAC, 4/24/2018; A, 8/31/2023] 1.10.12.18 SECURITY FOR UNVOTED PRE-PRINTED BALLOTS AT ALTERNATE VOTING LOCATION: 1.10.12 NMAC 11 A. No sooner than one day, nor later than one hour before the first day of voting at the alternate voting location or mobile alternate voting location, the county clerk shall provide the presiding judge pre-printed paper ballots, in a locked box with two padlocks or numbered seals. (1) The county clerk shall open the ballot box, and together with the presiding judge, shall complete an affidavit verifying the number of ballots by style or precinct to be issued. The affidavit shall be signed by the county clerk and the presiding judge and shall be retained on file with the county clerk. (2) The county clerk shall instruct the presiding judge to distribute one key for each padlock on the ballot box to two election judges, one of differing party than the presiding judge complete an affidavit verifying the number of ballots by style or precinct to be issued. The affidavit shall be signed by the county clerk and the presiding judge and shall be retained on file with the county clerk. (2) The county clerk shall instruct the presiding judge to distribute one key for each padlock on the ballot box to two election judges, one of differing party than the presiding judge. One key shall be for one padlock and the other key for the other padlock. The keys shall remain in the assigned election judge’s custody until the early voting period ends and must be returned to the county clerk, as instructed. B. At the end of each day of early voting at the alternate voting location or mobile alternate voting location, the presiding judge and the two election judges, one of a differing party than the presiding judge, shall verify and document the number of the unvoted ballots and place them in the ballot box. The ballot box shall be locked with the two padlocks or numbered seals by the two election judges, one of a differing party than the presiding judge and placed in a locked room at the alternate voting location or mobile alternate voting location. The presiding judge or county clerk shall have sole possession of the key to the locked room. If a location does not have a locked room, the county clerk shall provide a cabinet with a locking device to be placed on at the location for the presiding judge to place the ballot box. (1) At the beginning of each day until the final day of early voting at the alternate voting location or mobile alternate voting location, the presiding judge shall unlock the room. The presiding judge, and the two election judges, one of a differing party than the presiding judge shall open the padlocks or numbered seals on the ballot box to retrieve the unvoted ballots to be used. (2) The beginning ballot number for that day must match the ending ballot number from the prior day. If it does not match, the county clerk must be notified immediately udge shall unlock the room. The presiding judge, and the two election judges, one of a differing party than the presiding judge shall open the padlocks or numbered seals on the ballot box to retrieve the unvoted ballots to be used. (2) The beginning ballot number for that day must match the ending ballot number from the prior day. If it does not match, the county clerk must be notified immediately. No voting at that alternate voting location or mobile alternate voting location shall be allowed until the discrepancy has been resolved to the satisfaction of the county clerk. [1.10.12.18 NMAC - Rp, 1.10.12.18 NMAC, 4/24/2018] 1.10.12.19 USE OF GOVERNMENTAL AND OFFICIAL BUILDING AS MAILING ADDRESSES ON MAILED BALLOT APPLICATIONS: A. Upon written request from an Indian nations, tribes or pueblos, the secretary of state may designate a government or official building for the delivery of mailed ballots or for use on voter registrations for members of that Indian nations, tribe or pueblo. The written request must be in compliance with Subsection D of Section 1-21A-1 NMSA 1978, B. The written request designating the government or official building shall be submitted to the secretary of state in March or April of any year. It should include the common name for the building, the mailing address of the building, and the name(s) and phone number(s) of lead person(s) charged with the oversight of the mailed ballot process at the building. C. Upon receipt of a written request, the secretary of state shall perform a security evaluation of the building to ensure the building has a space to safely keep the official mailing envelope in a locked and number- sealed ballot box or envelope. The secretary of state shall respond in writing within 60 days of the request. D. An approved designation will take effect at the general election or regular local election of the year in which the request was approved. E rform a security evaluation of the building to ensure the building has a space to safely keep the official mailing envelope in a locked and number- sealed ballot box or envelope. The secretary of state shall respond in writing within 60 days of the request. D. An approved designation will take effect at the general election or regular local election of the year in which the request was approved. E. If the request is approved and upon implementation, the secretary of state shall send a notification of new designations in writing and shall provide an updated list of approved government and official buildings by county to each county clerk with an Indian nations, tribe or pueblo in the county. (1) The lead person(s) designated pursuant to Section B of this section shall ensure that mailed ballots received at the designated location are secured safely in a locked and number-sealed ballot box or envelope until they are retrieved by voters. (2) Only a voter who requested a mailed ballot may retrieve a mailed ballot at a designated and approved government or official building. (3) A chain of custody form shall be completed by the voter collecting their mailed ballot every time a ballot is collected. A copy of the chain of custody form shall be sent to the county clerk who issued the mailed ballot within 24 hours. The chain of custody form shall be prescribed by the secretary of state and shall include: (a) the location of the officially designated building; 1.10.12 NMAC 12 (b) date and time of arrival; (c) printed full name of the person retrieving the ballot; (d) signature of the person retrieving the ballot; (e) printed full name of the person providing the ballot to the voter; (f) signature of the person providing the ballot to the voter; (4) The lead person(s) designated pursuant to Section B of this section shall maintain a log of the number of mailed ballots received each day and the names of the voters reflected on the outer envelopes of received mailed ballots f the person retrieving the ballot; (e) printed full name of the person providing the ballot to the voter; (f) signature of the person providing the ballot to the voter; (4) The lead person(s) designated pursuant to Section B of this section shall maintain a log of the number of mailed ballots received each day and the names of the voters reflected on the outer envelopes of received mailed ballots. The log shall be prescribed by the secretary of state and a lead person shall send of a copy of the updated log to the county clerk who issued the mailed ballots each week beginning 28 days prior to the election and on the Saturday following an election day. (5) The lead person(s) designated pursuant to Section B of this section shall return any ballots not retrieved by voters to the county clerk by the Friday following an election day.