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Current as of January 01, 2024 | Updated by FindLaw Staff
A. The secretary of state shall adopt rules for an administrative procedure for hearing complaints on violations of the provisions of Title III of the federal Help America Vote Act of 2002, including provisions related to voting system standards, provisional voting procedures, voter registration procedures and operational standards of the statewide voter registration system.
B. A person who determines that there is a violation or that a violation is about to occur pursuant to this section may file a complaint with the secretary of state. Complaints may be consolidated by the secretary.
C. Complaints shall be in writing, signed and sworn by the person filing the complaint and notarized.
D. The hearing shall be on the record if the complainant requests.
E. If the hearing officer determines that there is a violation, an appropriate remedy shall be provided. If there is no violation, the complaint shall be dismissed and the results of the hearing made available to the public.
F. A final decision shall be made within ninety days of the filing of the complaint unless the complainant consents to extending the deadline. If the deadline is not met, the complaint shall be resolved within sixty days through alternative dispute resolution procedures established pursuant to the Governmental Dispute Resolution Act. Records and materials from the hearing shall be available for use in an alternative dispute resolution procedure.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 1. Elections § 1-2-2.1. Administrative complaints; procedures - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-1-elections/nm-st-sect-1-2-2-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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