Legislation, Lobbying & Legal Resources

Secured Containers

Notice of Proposed Rulemaking


The Office of the New Mexico Secretary of State (“Office”) hereby gives notice that the Office will conduct a public hearing on the described rules below.

The purpose of this hearing is to obtain public input on the new Secured Containers Rule to be codified as Part 1.10.19 NMAC as well as amendments to the Alternative and Election Day Voting Administration Rule Part 1.10.15 NMAC.

A public hearing will be held on Thursday July 22, from 9:00 am to 11:00 pm, at the State Capitol Building located at 490 Old Santa Fe Trail, Santa Fe, NM 87501 in Room 322.  Every effort will be made to ensure that this hearing will be live streamed on the Office’s website.  The public hearing allows members of the public an opportunity to submit data, testimony, and arguments in person on the proposed rule changes detailed below.  All comments will be recorded by a court reporter.

Authority: Section 1-2-1 NMSA 1978

Proposed Rule

1.10.19 NMAC Secured Containers

Purpose: The purpose 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.

Summary of Full Text: Section NMAC defines key terms like “secured container,” “permanent drop box,” and “temporary drop box.” Section NMAC provides capacity and accessibility requirements for secured containers. Section NMAC provides the security requirements for secured containers. Section NMAC provides the requirements for video surveillance and record retention for secured containers. Section NMAC provides the preparations county clerks must undertake in order to prepare a secured container for use during an election. Section NMAC provides the requirements for using temporary ballot drop boxes at all voting locations during an election. Section NMAC provides the ballot retrieval procedures county clerks must follow including the use of a chain of custody log when picking ballots up from a secured container or temporary ballot drop box. Section NMAC provides the costs that may be reimbursed by the secretary of state to a county clerk for the installation and use of secured containers.

Secured Containers

Written Public Comment Received

Quick Contact Information

Mailing & Physical Address
New Mexico Capitol Annex North
325 Don Gaspar, Suite 300
Santa Fe, NM 87501

Hours of Operation
8:00 AM - 5:00 PM Monday through Friday

Toll Free : 1-800-477-3632

Business Services Division
Phone 505-827-3600 (Option 1)
Fax 505-827-4387
Email Business.Services@sos.nm.gov

Bureau of Elections
Phone: 505-827-3600 (Option 2)
Email: Elections@sos.nm.gov

Ethics Division
Phone: 505-827-3600 (Option 2)
Email: Sos.ethics@sos.nm.gov

Phone 505-827-3600 (Option 3)

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