2005 Senate Bill text for SB0718

SENATE BILL 718

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Gerald P. Ortiz y Pino

AN ACT

RELATING TO ELECTIONS; REQUIRING VOTERS TO PRESENT IDENTIFICATION WHEN VOTING; CHANGING REGISTRATION PROCEDURES; REQUIRING NOTICE OF WHY A PROVISIONAL BALLOT IS NOT COUNTED; REQUIRING THE USE OF PAPER BALLOTS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 1, Article 1 NMSA 1978 is enacted to read:

"[NEW MATERIAL] VOTER IDENTIFICATION CARD.--As used in the Election Code, "voter identification card" means a document containing the person's name, address and precinct number that is issued by the county clerk or the voter's copy of the voter's certificate of registration."

Section 2. A new section of Chapter 1, Article 1 NMSA 1978 is enacted to read:

"[NEW MATERIAL] REGISTRATION AGENT.--As used in the Election Code, "registration agent" means a state or federal employee who provides voter registration at a state agency or any other individual who assists another person in completion of a voter registration application."

Section 3. Section 1-1-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 16, as amended) is amended to read:

"1-1-16. REGISTRATION OFFICER.--As used in the Election Code, "registration officer" means a county clerk or [his] a clerk's authorized deputy [or], a member of the board of registration or a state employee performing registration duties in accordance with the federal National Voter Registration Act of 1993 or Section 1-4-5.2 NMSA 1978."

Section 4. A new section of the Election Code is enacted to read:

"[NEW MATERIAL] VOTER IDENTIFICATION CARDS--DISTRIBUTION.--

A. Between sixty and forty days before each statewide election, the county clerk shall send to each registered voter in the county a voter identification card indicating the voter's name, address and voting precinct.

B. The county clerk may apply to the office of the secretary of state for reimbursement of costs related to supplying voter identification cards.

C. The secretary of state shall promulgate rules to ensure that all registered voters receive a voter registration card before each statewide election and reimburse the county for the costs of supplying and distributing the cards."

Section 5. Section 1-4-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 63, as amended) is amended to read:

"1-4-5. METHOD OF REGISTRATION--UNLAWFUL USE OF INFORMATION--PENALTY.--

A. A qualified elector may apply to a registration officer or agent for registration.

B. The registration officer or agent or qualified elector shall fill out each of the blanks on the original and the voter's copy of the certificate of registration by typing or printing in ink. [Carbon paper may be used between the original and the voter's copy.] The voter shall be given an exact duplicate, which may be a carbon copy of the original, and which shall contain a number traceable to the registration officer or agent.

C. The qualified elector shall subscribe a certificate of registration as follows:

(1) [a person shall sign his original] by signing the certificate of registration using [his] the qualified elector's given name, middle name or initial and last name; or

(2) if any qualified elector seeking to register is unable to read and write either the English or Spanish language or is unable to read or write because of some physical disability, the certificate of such person shall be filled out by a registration officer and the name of the qualified elector so registering shall be subscribed by the making of [his] the qualified elector's mark.

D. When properly executed by the registration agent or officer, [the original and the voter's copy of] the certificate of registration shall be presented, either in person or by mail by the qualified elector or by the registration agent or officer, to the county clerk of the county in which the qualified elector resides.

E. Only when the certificate of registration is properly filled out, subscribed by the qualified elector and accepted for filing by the county clerk as evidenced by [his] the clerk's signature or stamp and the date of acceptance thereon shall it constitute an official public record of the registration of the qualified elector. It is unlawful for any information required on the certificate of registration to be copied, conveyed or used by anyone other than the person registering to vote, either before or after it is filed with the county clerk, except by elections administrators for purposes of the registration process.

F. A person who unlawfully copies, conveys or uses information from a certificate of registration is guilty of a [fourth] third degree felony."

Section 6. 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 or in [the office of the county clerk] person.

B. Certificate of registration forms may be requested from the secretary of state or any county clerk in person, by telephone or by mail for oneself or for others.

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 shall not be required to provide 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 [his] 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."; [and]

(4) a statement informing the applicant that:

(a) if the form is not submitted in person 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 voter identification card or a current and valid photo identification; or 2) a utility bill, bank statement, government check, paycheck or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and address of the applicant; and

(b) [if] the applicant [does not] must submit the required identification [he will be required to do so] when [he votes] 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 7. A new section of Chapter 1, Article 4 NMSA 1978 is enacted to read:

"[NEW MATERIAL] REVIEW OF REGISTRATION--SECRETARY OF STATE.--At least forty-five days before an election, the secretary of state shall review statewide computerized voter registration system files for duplicate registrations. If any duplicate registrations are found, the last certificate of registration received for a voter shall be considered correct and the voter notified that any earlier certificates of registration have been canceled."

Section 8. Section 1-5-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 112, as amended) is amended to read:

"1-5-10. VOTER LISTS--SIGNATURE ROSTERS--USE DURING ELECTION.--

A. Each precinct board using voter lists shall post securely at or near the entrance of the polling place one copy of the voter list for use of the voters prior to voting. The posted copy shall not contain a listing of voter social security numbers.

B. The presiding judge of the precinct board shall assign one judge of the board to be in charge of one copy of the voter list, which shall be used to confirm the registration and voting of each person offering to vote.

C. The presiding judge of the precinct board shall assign one election clerk to be in charge of the signature roster.

D. The judge assigned to the voter list used for confirmation of registration and voting shall determine that each person offering to vote is registered and, in the case of a primary election, that the voter is registered in a party designated on the primary election ballot. If the person's registration is confirmed by the presence of [his] the person's name on the voter list or if the person presents a copy of a certificate [under the seal and signature of the county clerk] of registration showing that [he] the person registered to vote before the deadline for registering and therefore is entitled to vote in the election and to vote in that precinct, the judge shall announce to the election clerks the list number and the name of the voter as shown on the voter list or certificate of registration.

E. The election clerk shall locate that list number and name on the signature roster and shall require the voter to sign [his] the voter's usual signature or, if unable to write, to make [his] the voter's mark opposite [his] the voter's printed name. If the voter makes [his] the voter's mark, it shall be witnessed by one of the judges of the precinct board. [If the signature roster indicates that the voter is required to present a form of identification before voting] The election judge shall ask the voter for [a current and valid photo identification or] a copy of a current utility bill, bank statement, government check, paycheck or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows [and matches] the name and address of the voter, [as indicated on the signature roster] a current and valid photo identification or a voter identification card. If the voter does not provide the required identification, [he] the voter shall be allowed to vote on a provisional paper ballot.

F. The election judge shall follow the procedures provided for in Sections 1-5-12 and 1-12-8 NMSA 1978 if a person whose name does not appear on the signature list requests to vote or a person is required to vote on a provisional paper ballot.

G. A voter shall not be permitted to vote until [he] the voter has properly signed [his] the voter's usual signature or made [his] the voter's mark in the signature roster.

H. After the poll is closed, the election clerk in charge of a signature roster shall draw a single horizontal line in ink through each signature space in the signature roster where no signature or mark appears."

Section 9. Section 1-6-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 131, as amended by Laws 2003, Chapter 355, Section 4 and by Laws 2003, Chapter 356, Section 19 and also by Laws 2003, Chapter 357, Section 2) is amended to read:

"1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT--MARKING AND DELIVERY OF BALLOT IN PERSON.--

A. The county clerk shall mark each completed absentee ballot application with the date and time of receipt in the clerk's office and enter the required information in the absentee ballot register. The county clerk shall then determine if the applicant is a voter, an absent uniformed services voter or an overseas voter.

B. If the applicant does not have a valid certificate of registration on file in the county and [he] is not a federal qualified elector or if the applicant states [he] that the applicant is a federal qualified elector but [his] the application indicates [he] the applicant is not a federal qualified elector, an absentee ballot shall not be issued and the county clerk shall mark the application "rejected" and file the application in a separate file from those accepted.

C. The county clerk shall notify in writing each applicant of the fact of acceptance or rejection of [his] the application and, if rejected, shall explain why the application was rejected.

D. [If the applicant has on file with the county a valid certificate of registration that indicates that the applicant is a voter who registered by mail without submitting the required identification] The county clerk shall notify the voter that [he] the voter must submit with [his] the absentee ballot a copy of a [current and valid photo identification] utility bill, bank statement, government check, paycheck or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and address of the applicant, [The county clerk shall note on the absentee ballot register and signature roster that the applicant's absentee ballot must be returned with the required identification] a current and valid photo identification or a voter identification card.

E. If the county clerk finds that the applicant is a voter other than a federal qualified elector or overseas voter, the county clerk shall mark the application "accepted" and, beginning twenty-eight days before the election, deliver an absentee ballot to the voter in the county clerk's office or mail to the applicant an absentee ballot and the required envelopes for use in returning the ballot. If the county clerk finds that the applicant is a federal qualified elector or overseas voter, the county clerk shall mark the application "accepted" and beginning forty-five days before the election, mail to the applicant an absentee ballot and the required envelopes for use in returning the ballot. Acceptance of an application of a federal qualified elector constitutes registration for the election in which the ballot is to be cast. Acceptance of an application from an overseas voter who is not an absent uniformed services voter constitutes a request for changing information on the certificate of registration of any such voter. An absent voter shall not be permitted to change [his] party affiliation during those periods when change of party affiliation is prohibited by the Election Code. Upon delivery of an absentee ballot to a voter in the county clerk's office or mailing of an absentee ballot to an applicant who is a voter, an appropriate designation shall be made on the signature line of the signature roster next to the name of the voter who has been provided or mailed an absentee ballot.

F. If an application for an absentee ballot is delivered in person to the county clerk and is accepted, and the voter presents the required identification, the county clerk shall provide the voter an absentee ballot and it shall be marked by the applicant in a voting booth of a type prescribed by the secretary of state, sealed in the proper envelopes and otherwise properly executed and returned to the county clerk or [his] the county clerk's authorized representative before the voter leaves the office of the county clerk. The act of marking the absentee ballot in the office of the county clerk shall be a convenience to the voter in the delivery of the absentee ballot and does not make the office of the county clerk a polling place subject to the requirements of a polling place in the Election Code other than is provided in this subsection. It shall be unlawful to solicit votes, display or otherwise make accessible any posters, signs or other forms of campaign literature whatsoever in the clerk's office. Absentee ballots may be marked in person at the county clerk's office during the regular hours and days of business beginning on the twenty-eighth day preceding the election and from 10:00 a.m. to 6:00 p.m. on the Saturday immediately prior to the date of the election. In marking the absentee ballot, the voter, pursuant to the provisions of Section 1-12-15 NMSA 1978, may be assisted by one person of the voter's choice.

G. Commencing on the third Saturday prior to an election, an absent voter may vote in person, on an electronic voting machine at an alternate location established by the county clerk. In class A counties with more than two hundred thousand registered voters, the county clerk shall establish [not less] no fewer than twelve alternate voting locations as a convenience to the voters. For class A counties with two hundred thousand registered voters or [less] fewer, the county clerk shall establish [not less] no fewer than four alternate voting locations. In non-class A counties with more than ten thousand registered voters, the county clerk shall establish at least one alternate voting location. In non-class A counties with ten thousand registered voters or [less] fewer, early voting shall be conducted in the office of the county clerk or at such alternative locations as may be designated by the county clerk. Absentee voting may be done at an alternate location from 12:00 p.m. to 8:00 p.m., Tuesday through Friday, and 10:00 a.m. to 6:00 p.m. Saturday through the Saturday immediately prior to the election. The county clerk shall ensure that procedures established for processing an absent voter application and for voting by absentee ballot are complied with at each alternate location. If the otherwise qualified voter does not present the required form of identification, the voter shall be given a provisional ballot in accordance with the provisions of Section 1-12-8 NMSA 1978.

H. Absentee ballots shall be airmailed or, if so requested, electronically transmitted to applicants temporarily domiciled inside or outside the continental limits of the United States not later than on the [Thursday] Friday immediately prior to the date of the election.

I. An absentee ballot shall not be delivered or mailed by the county clerk to any person other than the applicant for such ballot.

[J. The county clerk shall accept and process, with respect to a primary or general election for any federal office, any otherwise valid voter registration application from an absent uniformed services voter or overseas voter if the application is received not less than thirty days before the election. The county clerk shall also accept and process federal write-in absentee ballots from overseas voters in general elections for federal offices in accordance with the provisions of Section 103 of the federal Uniformed and Overseas Citizens Absentee Voting Act.

K.] J. The secretary of state and each county clerk shall make reasonable efforts to publicize and inform voters of the times and locations for absentee voting.

K. The secretary of state shall establish procedures for the submittal of required identification with mailed-in absentee ballots."

Section 10. Section 1-6-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 135, as amended) is amended to read:

"1-6-9. MANNER OF VOTING.--

A. A person voting pursuant to the Absent Voter Act shall secretly mark [his] the absentee ballot in the manner provided in the Election Code for marking emergency paper ballots, place it in the official inner envelope and securely seal the envelope. The voter shall then place the official inner envelope and a copy of the required identification inside the official mailing envelope and securely seal the envelope. The voter shall then complete the form on the reverse of the official mailing envelope, which shall include an affirmation by the voter under penalty of perjury that the facts stated in the form are true.

B. Federal qualified electors and overseas voters shall either deliver or mail the official mailing envelope or electronically transmit the absentee ballot to the county clerk of their county of residence or deliver it to a person designated by federal authority to receive executed ballots for transmission to the county clerk of the county of residence or former residence as the case may be. Voters shall either deliver or mail the official mailing envelope to the county clerk of their county of residence."

Section 11. A new section of Chapter 1, Article 9 NMSA 1978 is enacted to read:

"[NEW MATERIAL] VOTING SYSTEM--USE OF PAPER BALLOT.--All voting systems used in elections covered by the Election Code shall use paper ballots as the medium on which a voter selects a candidate or indicates a yes or no on a ballot question; provided, however, that voting systems owned or used by a county on the effective date of this 2005 act that do not use paper to directly record the voter's preferences may be used until the first occurrence of the following:

A. federal, state or local funds are appropriated to replace those voting systems; or

B. December 31, 2009."

Section 12. A new section of Chapter 1, Article 12 NMSA 1978 is enacted to read:

"[NEW MATERIAL] CONDUCT OF ELECTION--USE OF VOTER'S COPY OF CERTIFICATE OF REGISTRATION--PROCEDURES.--If a voter whose name is not in the signature roster presents the voter's duplicate of the voter's certificate of registration, the voter shall be allowed to vote in the proper precinct in accordance with the provisions of Section 1-5-10 NMSA 1978. The election judge shall inform the voter that the voter will be notified by the county clerk to provide a copy of the certificate of registration to the county clerk if the original certificate is not located. A note shall be entered on the signature roster indicating that the voter's certificate of registration should be checked by the county clerk."

Section 13. Section 1-12-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 247, as amended) is amended to read:

"1-12-8. CONDUCT OF ELECTION--PROVISIONAL VOTING.--

A. A person shall be permitted to vote on a provisional paper ballot even though [his] the person's original certificate of registration cannot be found in the county register or even if [his] the person's name does not appear on the signature roster, provided:

(1) [his] the person's residence is within the boundaries of the county in which [he] the person offers to vote;

(2) [his] the person's name is not on the list of persons submitting absentee ballots; and

(3) [he] the person executes a statement swearing or affirming to the best of [his] the person's knowledge that [he] the person is a qualified elector, is currently registered and eligible to vote in that county and has not cast a ballot or voted in that election.

B. A voter shall vote on a provisional paper ballot if the voter

[(1) has not previously voted in a general election in New Mexico;

(2) did not register to vote in person;

(3) did not submit the required identification with the certificate of registration form; and

(4)] does not present to the election judge one of the following forms of identification: [that matches the name and address on the voter's certificate of registration

(a)] (1) a current and valid photo identification or voter identification card; or

[(b)] (2) a copy of a current utility bill, bank statement, government check, paycheck or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and address of the voter.

C. An election judge shall have the voter sign the signature roster and issue the voter a provisional paper ballot, an outer envelope and an official inner envelope. The voter shall vote on the provisional paper ballot in secrecy and when done, place the ballot in the official inner envelope and place the official inner envelope in the outer envelope and return it to the precinct officer. The election judge shall ensure that the required information is completed on the outer envelope, have the voter sign it in the appropriate place and place it in an envelope designated for provisional paper ballots.

D. Knowingly executing a false statement constitutes perjury as provided in the Criminal Code of this state, and voting on the basis of such falsely executed statement constitutes fraudulent voting."

Section 14. Section 1-12-25.2 NMSA 1978 (being Laws 2003, Chapter 356, Section 3) is amended to read:

"1-12-25.2. CONDUCT OF ELECTION--PROVISIONAL VOTING--INFORMATION TO VOTER--STATUS OF VOTER'S BALLOT.--

A. If a voter is required to vote on a provisional paper ballot, the election judge shall give the voter written instructions on how the voter may determine whether the vote was counted and, if the vote was not counted, the reason it was not counted.

B. The county clerk shall establish a free access system, such as a toll-free telephone number or internet web site, that a voter who casts a provisional paper ballot may access to ascertain whether the voter's ballot was counted and, if the vote was not counted, the reason it was not counted. Access to information about an individual voter's provisional ballot is restricted to the voter who cast the ballot.

C. The county clerk shall notify by mail each person whose provisional ballot was not counted of the reason the ballot was not counted."

Section 15. Section 1-20-3 NMSA 1978 (being Laws 1969, Chapter 240, Section 428, as amended by Laws 1993, Chapter 314, Section 60 and also by Laws 1993, Chapter 316, Section 58) is amended to read:

"1-20-3. REGISTRATION OFFENSES.--Registration offenses consist of performing any of the following acts willfully and with knowledge and intent to deceive any registration officer or to subvert the registration requirements of the law or rights of any qualified elector:

A. signing or offering to sign a certificate of registration when not a qualified elector;

B. falsifying any information on the certificate of registration;

C. soliciting, procuring, aiding, abetting, inducing or attempting to solicit, procure, aid, abet or induce any person to register or attempt to register with the name of any other person, whether real, deceased or fictitious; or

D. destroying the certificate of registration of any qualified elector, or removing such certificate from its proper binder or file, except as provided in the Election Code.

Whoever commits a registration offense is guilty of a [fourth] third degree felony."

Section 16. Section 1-20-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 432) is amended to read:

"1-20-8. FALSE VOTING.--False voting consists of:

A. voting or offering to vote with the knowledge of not being a qualified elector;

B. voting or offering to vote in the name of any other person;

C. knowingly voting or offering to vote in any precinct except that in which one is registered;

D. voting or offering to vote more than once in the same election;

E. inducing, abetting or procuring or attempting to induce, abet or procure a person known to not be a qualified elector to vote; or

F. inducing, abetting or procuring or attempting to induce, abet or procure a person who, having voted once in any election, to vote or attempt to vote again at the same election.

Whoever commits false voting is guilty of a [fourth] third degree felony."

Section 17. Section 1-20-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 433, as amended) is amended to read:

"1-20-9. FALSIFYING ELECTION DOCUMENTS.--Falsifying election documents consists of performing any of the following acts willfully and with knowledge and intent to deceive or mislead any voter, precinct board, canvassing board or other election official:

A. printing, causing to be printed, distributing or displaying false or misleading instructions pertaining to voting or the conduct of the election;

B. printing, causing to be printed, distributing or displaying any official ballot, sample ballot, facsimile diagram, ballot label or pretended ballot which includes the name of any person not entitled by law to be on the ballot, or omits the name of any person entitled by law to be on the ballot, or otherwise contains false or misleading information or headings;

C. defacing, altering, forging, making false entries in or changing in any way a certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code;

D. suppressing any certificate of nomination, registration record or election return required by or prepared and issued pursuant to the Election Code;

E. preparing or submitting any false certificate of nomination, registration record or election return; or

F. knowingly falsifying any information on a nominating petition.

Whoever falsifies election documents is guilty of a [fourth] third degree felony."

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