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AN ACT

RELATING TO ELECTIONS; PROVIDING THAT A CONTRACT BETWEEN THE

STATE BOARD OF FINANCE AND A COUNTY FOR THE LEASE-PURCHASE OF

ELECTRONIC VOTING SYSTEMS MAY BE RENEGOTIATED TO INCLUDE

CERTAIN CONTRACT TERMINATION PROVISIONS; PROVIDING FOR THE

MAINTENANCE AND STORAGE OF VOTING SYSTEMS.

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

Section 1. Section 1-9-17 NMSA 1978 (being Laws 1985,

Chapter 207, Section 16, as amended) is amended to read:

"1-9-17. ELECTRONIC VOTING SYSTEMS--STATE BOARD OF

FINANCE--LEASE-PURCHASE CONTRACT--TERMS.--

A. The state board of finance shall execute a

lease-purchase contract with the county for purchase of

electronic voting systems and the necessary support equipment

upon receipt of the application of the board of county

commissioners.

B. The lease-purchase contract shall include, but

not be limited to, the following terms:

(1) the county agrees to purchase from the

state board of finance the specified number of electronic

voting systems and the necessary support equipment;

(2) the county will pay for the cost of the

systems and support equipment, including reimbursement for

costs of transportation;

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(3) the term of the lease-purchase contract

shall not exceed twenty years;

(4) the care and custody of the systems and

support equipment is the responsibility of the county clerk;

and

(5) upon good cause shown, the terms of the

lease-purchase contract may, at any time, be renegotiated.

C. The lease-purchase contract, after a

renegotiation pursuant to Paragraph (5) of Subsection B of

this section, may include provisions providing that, upon the

transfer of the ownership in the electronic voting systems to

the state board of finance, the contract shall be terminated

and no additional payments from the county shall be due. The

state board of finance may dispose of electronic voting

systems acquired pursuant to law."

Section 2. A new section of Chapter 1, Article 9 NMSA

1978 is enacted to read:

"VOTING SYSTEMS--STATE MAINTENANCE.--

A. The state shall pay all costs for the

maintenance of hardware and software of all voting systems

used for state elections, whether state- or county-owned.

B. Voting systems, whether state- or county-owned,

shall be held in the custody of the county using the voting

system. All voting systems shall be safely stored pursuant to

guidelines issued by the secretary of state, and the counties

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are responsible for the costs of properly storing the voting

systems."

Section 3. Section 1-9-12 NMSA 1978 (being Laws 1975,

Chapter 255, Section 120, as amended) is amended to read:

"1-9-12. CARE AND CUSTODY OF SYSTEMS--CARE AND CUSTODY

OF KEYS AND SEALS--RESPONSIBILITY FOR TRANSPORTATION--REPAIR

AND PROGRAMMING--CHARGE FOR SUCH USE, TRANSPORTATION OR

PROGRAMMING.--

A. The county clerk shall have custody of all

voting systems, shall keep all voting systems properly stored

when not in use and shall be responsible for transporting all

voting systems to and from polling places.

B. The county clerk shall have care and custody of

and be responsible for the keys and seals for all voting

systems in the custody of the county and shall be responsible

for the programming of the systems. All keys for the voting

systems shall be kept in a secure place in the county clerk's

office until such time as supplies are available to program or

maintain the voting systems. When voting systems are being

programmed for any election or maintained after an election,

the county clerk or the county clerk's assigned deputy who is

knowledgeable in the procedure of programming voting systems

shall have custody of the keys and shall assure the security

of the keys at all times during the period the voting systems

are being programmed or maintained. In any event, all keys

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shall be returned to the office of the county clerk at the end

of each day for safekeeping; provided that if the deputy is

programming the voting systems outside of the county seat and

it is impractical for the deputy to return the keys at the end

of the day, the county clerk may give written authorization in

advance to the deputy to retain the keys for as long as is

needed to program the voting systems outside of the county

seat, and a copy of the authorization with the deputy named

therein shall be kept on file in the county clerk's office

subject to public inspection. The county clerk shall submit

an affidavit to the secretary of state describing the method

to be used in keeping the voting system keys secure. This

affidavit shall be submitted to the secretary of state in

January of each even-numbered year for the secretary of

state's approval or disapproval. The security method approved

by the secretary of state shall be the only method of

safekeeping the voting system keys until a new affidavit is

submitted and approved. Failure of the county clerk to assure

the security of voting system keys in the county clerk's

custody shall constitute a neglect to discharge the duties of

the clerk's office.

C. A reasonable fee may be charged by the county

for the use, transportation and programming of the voting

systems, but in no case shall such fee exceed the actual cost

to the county."