SENATE BILL 997

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

INTRODUCED BY

Dianna J. Duran

AN ACT

RELATING TO ELECTIONS; REQUIRING A PRINTED PAPER RECORD OF VOTES.

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

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

     "[NEW MATERIAL] RECORD OF VOTES CAST--RECORD PRINTED ON PAPER.--All voting systems shall provide a record of the votes cast on that system. The record must be printed on paper and displayed to the voter for review before that voter's ballot is cast."

     Section 2. A new section of Chapter 1, Article 9 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] VOTING SYSTEMS--AVAILABILITY AND USE OF PAPER RECORD FOR MANUAL AUDIT AND RECOUNT.--

          A. A voting system that directly records votes electronically shall:

                (1) bear a number that identifies that recording device;

                (2) be equipped with a storage device that:

                     (a) stores the paper ballot records created on the recording device;

                     (b) can be removed from the recording device for the purpose of transporting the ballots stored therein to a central counting place; and

                     (c) bears the same number as the recording device;

                (3) be designed in such a manner that voted ballots may be stored within the recording device and the storage device required pursuant to Paragraph (2) of this subsection at the same time; and

                (4) be capable of providing a record printed on paper of:

                     (a) each ballot voted on the recording device; and

                     (b) the total number of votes recorded on the mechanical recording device for each candidate and for or against each measure.

          B. The paper record described in Paragraph (4) of Subsection A of this section shall:

                (1) be printed and made available for a manual audit, as necessary; and

                (2) be printed and serve as an official record for a recount, as necessary."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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