HOUSE BILL 656
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Nathan P. Cote
AN ACT
RELATING TO FAMILY VIOLENCE; ENACTING THE CONFIDENTIAL ADDRESS PROGRAM ACT; PROVIDING FOR THE USE OF A SUBSTITUTE ADDRESS BY PROGRAM PARTICIPANTS; AMENDING, RECOMPILING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "Confidential Address Program Act".
Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the Confidential Address Program Act:
A. "agency" means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and every office or officer thereof;
B. "certification card" means a card issued by the secretary of state certifying that an individual is a participant in the confidential address program;
C. "confidential address program" means the program established pursuant to the Confidential Address Program Act under the auspices of the office of the secretary of state whereby participants in that program are entitled to use a substitute address for all purposes;
D. "participant" means an individual who has applied for and been accepted into the confidential address program; and
E. "substitute address" means the address of the secretary of state that may be used as a substitute for a participant's residential, work and mailing addresses.
Section 3. Section 40-13-11 NMSA 1978 (being Laws 2007, Chapter 131, Section 1) is recompiled as Section 3 of the Confidential Address Program Act and is amended to read:
"[SUBSTITUTE ADDRESS] CONFIDENTIAL ADDRESS PROGRAM--ELIGIBILITY--RECORDS.--
A. A victim of domestic abuse, or the victim's representative pursuant to Section 31-26-3 NMSA 1978, who has good reason to believe that the victim's safety is at risk may apply to the secretary of state for [the use of the secretary of state as a substitute address] participation in the confidential address program. The application shall be on a form provided by the secretary of state and shall include:
(1) a statement that the secretary of state is [acting] requested to act as an agent of the victim for purposes of the forwarding of mail;
(2) a mailing address for forwarding received mail and a telephone number where the victim can be contacted by the secretary of state;
(3) payment of a seventy-five-dollar ($75.00) application fee, which may be waived if the applicant is indigent; and
(4) the signature of the victim or the victim's representative.
B. The secretary of state shall maintain a confidential record of applications for [a substitute address] participation in the confidential address program and forward any mail received on behalf of a [victim of domestic abuse] participant to the [new] mailing address provided on the application.
C. It is unlawful for a person to knowingly attest falsely or to knowingly provide incorrect information on an application for participation in the confidential address program.
D. The secretary of state may adopt rules to implement the confidential address program."
Section 4. [NEW MATERIAL] CONFIDENTIAL ADDRESS PROGRAM PARTICIPATION--RENEWAL--WITHDRAWAL--CANCELLATION OF PARTICIPATION.--
A. An individual's participation in the confidential address program shall continue for a three-year period unless the participant withdraws from the program at an earlier date.
B. A participant may renew participation in the confidential address program for a three-year period by filing with the secretary of state a copy of the participant's current certification card and properly completed renewal application.
C. A participant may withdraw from the confidential address program by submitting to the secretary of state written notice of withdrawal and the participant's current certification card. The withdrawal will be effective upon the receipt by the secretary of state of the notice of withdrawal and current certification card.
D. The secretary of state shall cancel a participant's participation in the confidential address program if:
(1) the participant has been in the program for three years and a renewal has not been requested;
(2) the participant knowingly provided false or incorrect information when applying for participation;
(3) the participant obtains a name change and does not notify the secretary of state within forty-eight hours of the effective date of the name change;
(4) the participant no longer resides at the residential address listed on the program application and has not provided seven days prior written notice of the change of address; or
(5) mail forwarded to the participant is returned to the secretary of state as being non-deliverable or unclaimed.
E. The secretary of state shall attempt to send written notification of the cancellation of a participant's participation in the program to the participant at the participant's last known residential and mailing addresses.
Section 5. [NEW MATERIAL] USE OF SUBSTITUTE ADDRESS.--
A. Upon demonstration of a participant's participation in the confidential address program, an agency, a state, a magistrate, a municipal or metropolitan court, a county, a municipality or any other governmental entity shall accept the secretary of state as the designated address of the participant for purposes of providing a residential, work or mailing address for the participant.
B. When creating state and local government records or updating existing records, a participant shall show the participant's certification card to the agency and request the use of the substitute address in lieu of the participant's actual residential, work and mailing address.
C. The agency employee assisting the program participant may make a file photocopy of the certification card.
D. The agency shall accept the substitute address unless the agency has received a written exemption pursuant to Section 8 of the Confidential Address Program Act.
E. At the time of a participant's request to enroll in a public school, the school may contact the secretary of state to verify the enrollment eligibility of the participant. Eligibility for the participant's enrollment shall be determined using the current residential address shown in the participant's records with the confidential address program. All school correspondence mailed to the participant or the participant's parents or guardians shall be sent to the substitute address.
F. A participant in the confidential address program who is otherwise qualified to vote may register to vote through the county clerk in the participant's area. A participant shall vote only by absentee ballot and shall receive absentee ballots by mail through the secretary of state for all local, state and national elections in which the participant is eligible to vote. All voting and election records of a participant shall be maintained in a manner ensuring that those records are accessible only to selected authorized personnel and that they shall not be publicly accessible. A participant's residential address shall not be disclosed to any person for any purpose except by court order and shall not appear on any public list or report produced by a county clerk. The secretary of state shall notify the appropriate county clerk when:
(1) a participant's program certification has expired;
(2) a participant's program certification has been withdrawn or canceled;
(3) a participant's absentee ballot is returned as being nondeliverable; or
(4) a participant's residential address has changed.
G. A participant shall be exempt from any obligation to serve on a jury.
Section 6. [NEW MATERIAL] SERVICE OF PROCESS.--
A. The secretary of state is designated as agent for service of process and receipt of mail for a participant.
B. Service of any summons, writ, notice, demand or process upon a participant may be accomplished by mailing to the secretary of state or by delivering in person to the office of the secretary of state.
C. When a summons, writ, notice, demand or process is served on the secretary of state, the secretary of state shall immediately forward a copy to the participant by first-class mail to the participant's mailing address shown in the participant's records with the confidential address program. All time periods related to service of process are extended by five business days for a participant.
D. The secretary of state shall maintain in a participant's records with the confidential address program a record of all summonses, writs, notices, demands and processes served upon the secretary of state for that participant, which record shall include the date of such service and the action taken by the secretary of state.
Section 7. [NEW MATERIAL] EXEMPTION FROM USE OF A SUBSTITUTE ADDRESS.--
A. An agency may request an exemption from the requirement of the Confidential Address Program Act to use a participant's substitute address. If requesting an exemption, an agency shall provide in writing to the secretary of state the following:
(1) identification of the statute or administrative rule which demonstrates the agency's bona fide need for the use of the actual residential, work or mailing address of a participant;
(2) identification and description of the specific purpose for which the exemption is requested;
(3) identification of the individuals by title or job function within the agency who will have access to the actual residential, work or mailing address of a participant;
(4) an explanation of how the use of the substitute address will prevent the agency from meeting its obligations pursuant to the statute or rule; and
(5) an explanation of why the agency cannot meet its statutory or administrative obligations through a change in its internal procedures.
B. The secretary of state's determination to grant or deny a request for exemption will be based on, but not limited to, an evaluation of the information provided pursuant to this section.
C. If the secretary of state determines an agency has a bona fide statutory or administrative requirement for the use of the actual residential, work or mailing address of a participant and that the address will be used only for those statutory and administrative purposes, the secretary of state may issue a written exemption for the agency use of the participant's substitute address. The written exemption may include:
(1) the agency's obligation to maintain the confidentiality of a program participant's actual residential, work or mailing address;
(2) limitations on the use and access to the actual residential, work or mailing address of a participant;
(3) term during which the exemption is authorized for the agency;
(4) designation of the format in which the actual residential, work or mailing address of a participant shall be maintained;
(5) designation of an address information disposition date after which the agency may no longer maintain a record of the actual residential, work or mailing address of a participant; and
(6) any provisions and qualifications determined appropriate by the secretary of state.
D. The secretary of state's denial of an agency exemption request shall be made in writing and include a statement of the specific reasons for the denial.
E. The secretary of state shall keep a record of all exemptions and all documentation relating to requests for exemption.
Section 8. [NEW MATERIAL] CONFIDENTIALITY--DISCLOSURE OF RECORDS.--
A. The secretary of state shall not make any records in the files of a participant available for inspection or copying unless directed by a court order to a person identified in the order. The participant information disclosed to a person identified in a court order shall be maintained in strict confidentiality by the party receiving the information.
B. The secretary of state may confirm or verify the participation of a participant in the confidential address program.
C. The secretary of state shall provide immediate notification to a participant of a disclosure of the participant's residential, work or mailing address if that notification is not otherwise prohibited by law.
D. No notice or opportunity shall be given to a participant in the confidential address program when the request for disclosure is made by a law enforcement agency conducting a criminal investigation where such notice would jeopardize the safety of law enforcement personnel.
E. An agency employee shall not question the participant regarding the details or circumstances of the participant's participation in the confidential address program.
F. No person shall be compelled to disclose the residential, work or mailing address of a participant during the discovery phase of a judicial proceeding, or during a proceeding before a court of competent jurisdiction or administrative tribunal, unless the court or administrative tribunal finds, based upon the preponderance of the evidence, that the disclosure is required in the interest of justice. A court of administrative tribunal may seal the portion of any record that contains a program participant's actual address.
Section 9. Section 1-4-5.1 NMSA 1978 (being Laws 1993, Chapter 314, Section 7 and Laws 1993, Chapter 316, Section 7, as amended) is amended to read:
"1-4-5.1. METHOD OF REGISTRATION--FORM.--
A. A qualified elector may apply for registration by mail, in the office of the secretary of state or county clerk or with a registration agent or officer.
B. A person may request certificate of registration forms from the secretary of state or any county clerk in person, by telephone or by mail for that person or for other persons.
C. Except as provided in Subsection D of this section, a qualified elector who wishes to register to vote shall fill out completely and sign the certificate of registration. The qualified elector may seek the assistance of any person in completing the certificate of registration.
D. A qualified elector who [has filed for an order of protection pursuant to the provisions of the Family Violence Protection Act and who presents a copy of that order from a state or tribal court to the registration officer] is a participant in the confidential address program pursuant to the Confidential Address Program Act may register in the manner provided in Subsection B of Section 6 of that act and shall not be required to provide physical residence address information on the certificate of registration.
E. Completed certificates of registration may be mailed or presented in person by the registrant or any other person to the secretary of state or presented in person by the registrant or any other person to the county clerk of the county in which the registrant resides.
F. If the registrant wishes to vote in the next election, the completed and signed certificate of registration shall be delivered or mailed and postmarked at least twenty-eight days before the election.
G. Upon receipt of a certificate of registration, the secretary of state shall send the certificate to the county clerk in the county where the qualified elector resides.
H. Only when the certificate of registration is properly filled out, signed by the qualified elector and accepted for filing by the county clerk as evidenced by the county clerk's signature or stamp and the date of acceptance thereon and when notice has been received by the registrant shall it constitute an official public record of the registration of the qualified elector.
I. The secretary of state shall prescribe the form of the certificate of registration, which form shall be a postpaid mail-in format and shall be printed in Spanish and English. The certificate of registration form shall be clear and understandable to the average person and shall include brief but sufficient instructions to enable the qualified elector to complete the form without assistance. The form shall also include:
(1) the question "Are you a citizen of the United States of America?" and boxes for the applicant to check to indicate whether the applicant is or is not a citizen;
(2) the question "Will you be at least eighteen years of age on or before election day?" and boxes for the applicant to check to indicate whether the applicant will be eighteen years of age or older on election day;
(3) the statement "If you checked 'no' in response to either of these questions, do not complete this form.";
(4) a statement informing the applicant that:
(a) if the form is submitted by mail by the applicant and the applicant is registering for the first time in New Mexico, the applicant must submit with the form a copy of: 1) a current and valid photo identification; or 2) a current utility bill, bank statement, government check, paycheck, student identification card or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and current address of the applicant; and
(b) if the applicant does not submit the required identification, the applicant will be required to do so when voting in person or absentee; and
(5) a statement requiring the applicant to swear or affirm that the information supplied by the applicant is true."
Section 10. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
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