1. A. The clerk must select voting systems to be acquired in addition to the number required by the Election Code for the conduct of primary and general elections from a list of voting systems certified by the secretary for use in elections for public office in New Mexico. The county commissioners must adopt a resolution, passed by a majority of the commission, approving the purchase of additional voting systems and authorizing the county commission chairperson to enter into a lease-purchase contract with the board for that purchase.

2. B. The clerk must submit a letter of request to purchase additional voting systems to the secretary, along with the resolution adopted by the county commission. If the purchase is from another county, both the county selling and the county acquiring the additional voting systems are to submit a letter indicating the serial numbers and attaching the resolution or a copy of the signed minutes indicating approval of sale (seller) or purchase (acquirer). All letters of requests must include:

   (1) number of voting systems to be purchased and the reason for purchase;

   (2) manufacturer and model of voting systems to be purchased (indicate if new or previously owned);

   (3) price per voting system and total amount of purchase;

   (4) indication of desired term of the lease-purchase contract; counties with sufficient funds to acquire voting systems must elect to have a thirty-day term for the lease-purchase contract; counties requiring financing may elect to have the term of the lease-purchase contract be up to ten years;

   (5) total number of voting systems the county currently has;

   (6) the number of voting systems the county is required to have under New Mexico's Election Code.

3. C. The secretary must submit a written recommendation to the board to be considered at the board’s next regularly scheduled monthly meeting. In addition to items in Subsection B of 1.10.21.8 NMAC as stated above, the recommendation must include:

   (1) verification that vendors used for purchases are listed on the state procurement list;

   (2) verification that the manufacturer and the model of voting systems have been certified by the secretary for use in elections for public office in New Mexico;

   (3) verification that the voting systems will be acquired pursuant to a competitive bid process in accordance with the provisions of the New Mexico Procurement Code;

   (4) verification that the voting systems to be acquired are in addition to the number required by the Election Code for the conduct of primary and general elections.

4. D. Upon receiving recommendations from the secretary, the board staff shall submit them for review to the local government division to ascertain ability to make the payments called for by the lease-purchase contract prior to submission to the board for action.
5. E. The board or its staff may request any other supplemental information to aid in its consideration of the request.

[1.10.21.8 NMAC - N, 8-31-2000; A, 10-17-2011]