A. The secretary of state shall provide to the county clerk of each county a sufficient number of voting systems as required by the Election Code for the conduct of primary and general elections.

B. When authorized by the state board of finance, the board of county commissioners may acquire new or previously owned voting systems. No less than ninety days prior to each primary and general election, the board of county commissioners of each county may make application to the state board of finance for any additional voting systems to be acquired by a county in excess of the number of voting systems required by the Election Code for the conduct of primary and general elections.

C. The additional voting systems shall be of a type certified by the secretary of state. They shall be purchased by the state board of finance. Unless paid in full by the county at the time of purchase, the cost of the voting systems, including all transportation costs, shall be paid out of the voting system revolving fund. The state board of finance shall cause to be delivered to each county clerk the additional voting systems.

D. Except for intercounty acquisitions of equipment approved by the secretary of state, a previously owned voting system shall have a warranty equal to the warranty required of a new voting system.

History: 1953 Comp., § 3-9-8, enacted by Laws 1969, ch. 240, § 190; 1972, ch. 28, § 2; 1976 (S.S.), ch. 5, § 5; 1989, ch. 141, § 1; 1991, ch. 106, § 4; 2001, ch. 233, § 5; 2010, ch. 28, § 12; 2015, ch. 145, § 56.

Cross references. — For electronic voting system revolving fund, see 1-9-19 NMSA 1978.

The 2015 amendment, effective July 1, 2015, provided that unless new voting systems are paid for in full by the county at the time of purchase, the cost of the voting system shall be paid out of the voting system revolving fund; and in Subsection C, after "board of finance.", added "Unless paid in full by the county at the time of purchase".

The 2010 amendment, effective March 3, 2010, added Subsection A; in Subsection B, added the first sentence; at the beginning of the second sentence, added "No less than"; in the second sentence, after "commissioners of each county", deleted "shall" and added "may"; after "board of finance for", deleted "those" and added "any"; after "additional voting systems", deleted "required by the Election Code" and added the remainder of the sentence; in Subsection C, in the first sentence, after "shall be of a type", deleted "approved" and added "certified" and in the third sentence, after "paid out of the", deleted "electronic"; and added Subsection D.

The 2001 amendment, effective June 15, 2001, substituted "voting systems" for "voting machines" throughout the section; and inserted "electronic" in the second sentence of Subsection B.

The 1991 amendment, effective April 2, 1991, substituted "county clerk" for "board of county commissioners" in the final sentence in Subsection B.