HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR
HOUSE BILL 1156
48th legislature - STATE OF NEW MEXICO - first session, 2007
AN ACT
RELATING TO ELECTIONS; DEFINING TERMS; PROHIBITING RELEASE OF CERTAIN REGISTRATION INFORMATION; ESTABLISHING RECOUNT PROCEDURES; ESTABLISHING COUNTING STANDARDS; ALLOWING MESSENGERS TO PICK UP ABSENTEE BALLOTS FROM POLLING PLACES; CHANGING PROCEDURES BY WHICH VOTING RIGHTS MAY BE RESTORED TO FELONS; REDUCING THE PENALTY FOR FAILURE TO DELIVER AN ABSENTEE BALLOT APPLICATION; ELIMINATING PROVISIONS ALLOWING CANDIDATES WHO FAIL TO RECEIVE PREPRIMARY CONVENTION DESIGNATION TO BECOME A CANDIDATE; ALLOWING THE SECRETARY OF STATE TO ASSIST IN PREPARING BALLOTS; CHANGING PROVISIONS RELATED TO ASSISTANCE OF VOTERS AT THE POLLS; PROVIDING PROCEDURES FOR PRESERVING AND CLEARING VOTING SYSTEM MEMORY CARDS; GIVING THE SECRETARY OF STATE AUTHORITY TO DETERMINE THE FORM OF THE BALLOT FOR CONSTITUTIONAL AMENDMENTS; REMOVING CERTAIN REFERENCES TO ABSENTEE, EMERGENCY AND PROVISIONAL BALLOTS; CHANGING THE DEADLINE FOR SCHOOL BOARD ELECTION PROCLAMATIONS; PROVIDING FOR PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] PROHIBITION ON RELEASE OF REGISTRATION INFORMATION.--The secretary of state, county clerk or any other registration agent shall not release to the public a voter's social security number or date of birth."
Section 2. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] RECOUNT PROCEDURES.--
A. To ensure the accuracy of electronic vote tabulating systems, the secretary of state shall issue rules to implement the recount procedures provided for in Subsections B and C of this section.
B. The votes from a random selection of ballots shall be tallied by hand, and the votes from the same ballots shall be tabulated by an electronic vote tabulating system. For statewide and federal office, the number of ballots to be tallied and tabulated shall be equal to at least two percent of the ballots cast in each county. For all other offices, the number of ballots to be tallied and tabulated shall be equal to the greater of one hundred, or five percent, of the ballots cast for the office, distributed by county where applicable. C. For a statewide or federal office, if the results of the hand-tally and the electronic vote tabulating system tabulation differ by one-fourth of one percent or less, the remaining ballots shall be recounted using electronic vote tabulating systems. Otherwise, the remaining ballots shall be recounted by hand.
D. For offices other than statewide or federal offices, if the results of the hand-tally and the electronic vote tabulating system tabulation differ by the greater of one percent or less, or two votes, the remaining ballots shall be recounted using electronic vote tabulating systems. Otherwise, the remaining ballots shall be recounted by hand.
E. Nothing in this section prohibits a candidate from requesting a hand recount in accordance with the provisions of Section 1-14-15 NMSA 1978."
Section 3. Section 1-1-6 NMSA 1978 (being Laws 1977, Chapter 222, Section 1, as amended) is amended to read:
"1-1-6. RECHECK AND RECOUNT.--As used in the Election Code:
A. "recheck" pertains to electronic [voting] vote tabulating systems and means a verification procedure [where] whereby a printout of the electronic record of votes cast in an election is made from each electronic memory device in the electronic [voting] vote tabulating system and the results are compared with the results shown on the official returns; and
B. "recount" pertains to emergency paper ballots, absentee ballots, provisional paper ballots, optical scan paper ballots [voter verifiable and auditable paper ballots printed by electronic voting systems] and any other paper ballot and means a verification procedure whereby the voters' selections [on the paper ballots may be] for an office are retabulated by feeding the ballots into an electronic vote tabulating system, and the voters' selections on ballots that cannot be read by the system are counted by hand and the results compared with the results shown on the official returns."
Section 4. Section 1-1-23 NMSA 1978 (being Laws 2005, Chapter 270, Section 5) is amended to read:
"1-1-23. UNIQUE IDENTIFIER.--As used in the Election Code, "unique identifier" means [the last four digits of] a randomly generated series of numbers, letters or symbols assigned to a voter, which shall not be the voter's social security number or date of birth."
Section 5. Section 1-1-25 NMSA 1978 (being Laws 2005, Chapter 270, Section 7) is amended to read:
"1-1-25. 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] secretary of state."
Section 6. Section 1-2-20 NMSA 1978 (being Laws 1969, Chapter 240, Section 39, as amended) is amended to read:
"1-2-20. MESSENGERS--COMPENSATION.--
A. The county clerk may appoint messengers to deliver ballot boxes, poll books, keys, election supplies and other materials pertaining to the election. Messengers may also be authorized to collect absentee ballots from polling places and deliver those absentee ballots to locations designated by the county clerk.
B. Messengers shall be paid mileage as provided in the Per Diem and Mileage Act each way over the usually traveled route. The mileage shall be paid within thirty days following the date of election if funds are available for payment."
Section 7. Section 1-4-27.1 NMSA 1978 (being Laws 2001, Chapter 46, Section 1, as amended) is amended to read:
"1-4-27.1. CANCELLATION OF REGISTRATION FOLLOWING CONVICTION--ELIGIBILITY FOR [REGISTRATION] VOTING UPON SATISFACTION OF CONDITIONS.--
A. When a voter has been convicted of a felony, the [clerk of the district court where the conviction occurred shall file a certificate of felony conviction with the secretary of state. The secretary of state shall notify the county clerk of the county where the convicted felon is registered to vote.
B. For purposes of cancellation of registration, verification of a felony conviction may be obtained by comparing the voter's registration record with the certificate of felony conviction filed by the clerk of the district court.
C. The certificate of felony conviction shall include the voter's:
(1) name;
(2) age;
(3) sex;
(4) state tracking number;
(5) case number;
(6) birth date;
(7) social security number, if any;
(8) date of conviction; and
(9) address] voter's registration shall be cancelled.
[D.] B. When a voter convicted of a felony [for which a sentence of imprisonment is authorized but deferred or suspended by order of the court] is placed on supervised probation and has completed the conditions of [the court order, the clerk of the court shall notify the secretary of state that the person is eligible for registration. The secretary of state shall notify all county clerks that] supervision as ordered by the court, the person is eligible for registration.
[E.] C. When a voter convicted of a felony is unconditionally discharged from a correctional facility under the jurisdiction of the corrections department, or is conditionally discharged from a facility under the jurisdiction of the corrections department and has completed all conditions of probation or parole, [the corrections department shall notify the secretary of state that the person is eligible for registration. The secretary of state shall notify all county clerks that] the person is eligible for registration.
[F.] D. When a voter convicted of a federal offense constituting a felony is unconditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency [or is conditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency] and has completed all conditions of probation or parole, [the federal agency having jurisdiction of that person shall notify the secretary of state that the person is eligible for registration. The secretary of state shall notify all county clerks that] the person is eligible for registration.
E. The secretary of state shall promulgate rules to implement and enforce the provisions of this section."
Section 8. Section 1-5-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 110, as amended) is amended to read:
"1-5-8. PRECINCT VOTER LISTS--SIGNATURE ROSTERS--NUMBER--
DISTRIBUTION.--
A. One copy of the signature roster shall be prepared for each precinct. On the cover of the signature roster shall be printed the words, "Copy for the County Clerk". Upon its preparation and certification as to its accuracy and completeness, the county clerk shall deliver the copy of the signature roster to the precinct board.
B. The county clerk shall prepare three copies of the precinct voter list for each precinct. Of the three copies prepared, one copy shall not include [voter social security numbers] the voters' unique identifiers. The other two shall contain [only the last four digits of] the [voter's social security number] voters' unique identifiers. The county clerk shall deliver two of the copies to each precinct board. One copy of the precinct voter list shall be retained by the county clerk for verification purposes on election day and one copy for the secretary of state shall be marked to verify those voters on the list who voted.
C. Two copies of the county voter list, arranged in alphabetical order, shall be prepared for election day for verification purposes only."
Section 9. Section 1-6-4.3 NMSA 1978 (being Laws 2005, Chapter 270, Section 41) is amended to read:
"1-6-4.3. THIRD PARTY AGENTS COLLECTING ABSENTEE BALLOT APPLICATIONS.--
A. A person or organization that is not part of a government agency and that collects absentee ballot applications shall submit the applications to the appropriate office for filing within forty-eight hours of their completion or the next business day if the appropriate office is closed for that forty-eight-hour period.
[B. The secretary of state shall establish procedures to ensure that absentee ballot applications collected in accordance with Subsection A of this section can be traced to the person and organization collecting the applications.
C.] B. A person who [intentionally alters or] fails to submit a completed absentee ballot application is guilty of a [fourth degree felony] petty misdemeanor."
Section 10. Section 1-8-33 NMSA 1978 (being Laws 1973, Chapter 228, Section 7, as amended) is amended to read:
"1-8-33. PRIMARY ELECTION LAW--NOMINATING PETITION-- NUMBER OF SIGNATURES REQUIRED.--
A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated.
B. Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy. Nominating petitions for those candidates shall be signed by a number of voters equal to at least two percent of the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater: for statewide offices, two hundred thirty voters; and for congressional candidates, seventy-seven voters.
C. Nominating petitions for candidates for any other office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least three percent of the total vote of the candidate's party in the district or division, or the following number of voters, whichever is greater: for metropolitan court and magistrate courts, ten voters; for the public regulation commission, fifty voters; for the [state board of] public education commission, twenty-five voters; for state representative, ten voters; for state senator, seventeen voters; and for district attorney and district judge, fifteen voters.
[D. A candidate who fails to receive the preprimary convention designation that he sought may collect additional signatures to total at least four percent of the total vote of the candidate's party in the state or congressional district, whichever applies to the office he seeks, and file a new declaration of candidacy and nominating petitions for the office for which he failed to receive a preprimary designation. The declaration of candidacy and nominating petitions shall be filed with the secretary of state either ten days following the date of the preprimary convention at which he failed to receive the designation or on the date all declarations of candidacy and nominating petitions are due pursuant to the provisions of the Primary Election Law, whichever is later.]"
Section 11. Section 1-9-4.2 NMSA 1978 (being Laws 2003, Chapter 356, Section 9, as amended) is amended to read:
"1-9-4.2. DEFINITION OF A VOTE--COUNTING OF HAND-TALLIED BALLOTS.--
[A. A vote on a touch-screen direct recording electronic voting system or electronic voting system consists of a voter's selection of a candidate or answer to a ballot question selected by the electro-optical ballot display of the device, followed by the voter activating the cast vote indicator.
B.] A. A vote on a paper ballot [card] used on an electronic vote tabulating [marksense voting] system, optical scan vote tabulating system or high-speed central count [marksense] vote tabulator consists of a voter's selection of a candidate or answer to a ballot question indicated in the voting response area of the paper ballot [card] marked in accordance with the instructions for that ballot type. [If the paper ballot card is marked indistinctly or not marked according to the instructions for that ballot type, only a cross (X) or a check (√) within the voting response area shall be counted. A vote on a paper ballot card shall also be counted if, on a ballot type requiring the completion of an arrow to indicate a voter's selection, the voter has marked an arrowhead on the tail portion of the arrow in the voting response area or has circled the name of the preferred candidate or both.]
B. For paper ballots that are hand-tallied, a vote shall be counted if:
(1) the ballot is marked in accordance with the instructions for that ballot type;
(2) the preferred candidate's name or answer to a ballot question is circled;
(3) there is a cross or check within the voting response area for the preferred candidate or answer to the ballot question; or
(4) the voter's intent is clearly discernable to the precinct judge, subject to review by the canvassing board."
Section 12. Section 1-10-2 NMSA 1978 (being Laws 1977, Chapter 222, Section 25) is amended to read:
"1-10-2. BALLOTS--DUTY TO PROVIDE.--The county clerk shall prepare and supply the ballots used in elections conducted under the Election Code. The secretary of state may assist in preparing and supplying ballots. Ballots other than those prepared by the county clerk or secretary of state shall not be used [in such elections]."
Section 13. Section 1-12-13 NMSA 1978 (being Laws 1969, Chapter 240, Section 266, as amended) is amended to read:
"1-12-13. CONDUCT OF ELECTION--AID OR ASSISTANCE TO VOTER IN MARKING BALLOT.--
A. When a voter who is eligible for assistance pursuant to Section 1-12-12 NMSA 1978 requires assistance in marking [his paper] a ballot or [recording his vote by] using the voting [machine] system, the voter shall announce this fact [in an audible tone] before receiving [his paper] the ballot or [before entering] using the voting [machine] system.
B. The voter's request for assistance shall be noted by [his] the voter's name in the signature roster and initialed by the presiding judge.
C. After noting the request for assistance in the signature roster, the voter shall be permitted assistance in marking [his paper] the ballot or [recording his vote] using the voting system as provided in Section 1-12-15 NMSA 1978.
D. Any person who swears falsely in order to secure assistance is guilty of perjury."
Section 14. Section 1-12-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 268) is amended to read:
"1-12-16. CONDUCT OF ELECTION--TYPE OF ASSISTANCE.--Persons [accompanying the voter into the voting booth or voting machine] providing assistance to a voter may assist the voter in reading and marking [and folding his paper] the ballot or [recording his vote on] using the voting [machine] system."
Section 15. Section 1-13-21 NMSA 1978 (being Laws 1971, Chapter 317, Section 21, as amended) is amended to read:
"1-13-21. CLEARING VOTING [MACHINES] SYSTEMS.--
A. Thirty days after adjournment of the state canvassing board, each county clerk in the presence of the district judge or [his] the district judge's designated representative shall [open] clear the votes recorded on the memory cards of all voting [machines] systems of the precincts for which [he] the county clerk has not received [no] notice by registered mail of contest or [no] judicial inquiry [and he shall clear such machines of all votes cast thereon].
B. The county clerk shall keep locked those memory cards from voting [machines whereof] systems used in precincts where a recount, judicial inquiry or inspection is sought, subject to order of the district court or other authority having jurisdiction of the contest or inspection.
C. At least three days prior to the [opening and] clearing of the voting [machines] system memory cards, the county clerk shall notify the county [chairman] chair of each political party participating in the election of the time, place and date thereof. The [chairman] chair of the political party may be present or may have [his] the chair's accredited representative present at [such opening and] the clearing.
[D. Nothing in this section shall prohibit the use of voting machines in a subsequent election. If the voting machine must be cleared before the thirty-day period prescribed in Subsection A of this section for use in any election, the county clerk shall first obtain an order from the district court for such clearance.]"
Section 16. Section 1-16-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 378, as amended) is amended to read:
"1-16-5. STATE CONSTITUTIONAL AMENDMENTS--[BALLOT--FORMS FOR EMERGENCY AND PROVISIONAL PAPER BALLOTS AND ABSENTEE] FORM OF BALLOTS.--[A.] All [emergency and provisional paper ballots and absentee] ballots proposing constitutional amendments shall [have printed thereon in both English and Spanish the full title of the joint resolution proposing the constitutional amendment and the constitutional amendment number assigned to the joint resolution by the secretary of state. Below the printed title, there shall be printed on the ballot two one-quarter inch blank boxes. Opposite one of the blank boxes, there shall be printed in both English and Spanish the word "FOR", and opposite the other blank box shall be printed in both languages the word "AGAINST".
B. There shall be printed across the top of the ballot the following: "Instructions to voters: If you desire to vote for the amendment, mark a cross (X) or a check (•) or any other mark clearly indicating intention in the ☐ opposite the word "FOR". If you desire to vote against the amendment, mark a cross (X) or a check (•) or any other mark clearly indicating intention in the ☐ opposite the word "AGAINST"] be in the form prescribed by the secretary of state."
Section 17. Section 1-16-6 NMSA 1978 (being Laws 1969, Chapter 240, Section 379, as amended) is amended to read:
"1-16-6. STATE CONSTITUTIONAL AMENDMENTS--MARKING [EMERGENCY AND PROVISIONAL PAPER] BALLOTS [AND ABSENTEE
BALLOTS].--A voter desiring to mark [his emergency or provisional paper ballot or absentee] the ballot for or against a proposed constitutional amendment shall do so in the manner specified in the instructions printed on the ballot."
Section 18. Section 1-16-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 381, as amended) is amended to read:
"1-16-9. STATE CONSTITUTIONAL AMENDMENTS--SINGLE [EMERGENCY AND PROVISIONAL PAPER BALLOT AND ABSENTEE] BALLOT.--Proposed constitutional amendments or other questions submitted to the voters [on emergency or provisional paper ballots or absentee ballots] at any election shall be printed [upon] on one ballot only."
Section 19. Section 1-22-4 NMSA 1978 (being Laws 1985, Chapter 168, Section 6, as amended) is amended to read:
"1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
A. The board shall by resolution issue a public proclamation in Spanish and English calling a regular school district election within the school district on the date prescribed by the School Election Law. The proclamation shall be filed by the superintendent with the county clerk of record on the last [Friday] Tuesday in November of the even-numbered year immediately preceding the date of the election.
B. The proclamation shall specify:
(1) the date when the election will be held;
(2) the positions on the board to be filled;
(3) the date on which declarations of candidacy are to be filed;
(4) the date on which declarations of intent to be a write-in candidate are to be filed;
(5) the questions to be submitted to the voters;
(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the hours each polling place will be open; and
(8) the date and time of the closing of the registration books by the county clerk of record as required by law.
C. After filing the proclamation with the county clerk of record and not less than fifty days before the date of the election, the county clerk of record shall publish the proclamation at least once in a newspaper of general circulation within the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
Section 20. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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