A. Forty-two days before the election, the county clerk may begin to prepare, inspect, certify and seal electronic voting machines that are to be used in the election, and such preparation, inspection, certification and sealing shall continue until all machines are prepared, inspected, certified and sealed. The process of preparing, inspecting, certifying and sealing electronic voting machines shall be open to observation by the public. B. The county clerk shall certify to the secretary of state and the county chair of each political party represented on the ballot the type and serial number of each voting machine to be used. History: 1953 Comp., § 3-11-6, enacted by Laws 1969, ch. 240, § 215; 1981, ch. 137, § 1; 1985, ch. 207, § 24; 2011, ch. 137, § 74; 2023, ch. 39, § 62. Cross references. — For manner of preparing voting machine, see 1-11-6 NMSA 1978. The 2023 amendment, effective June 16, 2023, provided that the voting system certification process for electronic voting machines is open to the public, and required county clerks to certify to the secretary of state and the county chair of each political party represented on the ballot the type and serial number of each voting machine to be used; in Subsection A, after "certified and sealed", added "The process of preparing, inspecting, certifying and sealing electronic voting machines shall be open to observation by the public."; and added Subsection B. The 2011 amendment, effective July 1, 2011, required county clerks to certify electronic voting machines and to perform their duties under this section forty-two days before the election. Clerk may seal machines anywhere after notifying required persons. — The county clerk may reset or seal the machines at the courthouse or any place where the machines are stored or at the polling place so long as the required persons are present, or have been properly notified, when such resetting and sealing occurs. 1954 Op. Att'y Gen. No. 54-5958 (opinion rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 365. 29 C.J.S. Elections § 203.
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