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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; CHANGING 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:

"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

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security number or date of birth."

Section 2. A new section of the Election Code is

enacted to read:

"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

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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 vote

tabulating systems and means a verification procedure whereby

a printout of the electronic record of votes cast in an

election is made from each electronic memory device in the

electronic 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 and any other paper ballot and means a

verification procedure whereby the voters' selections 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

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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 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 INFORMATION.--As used in the Election

Code, "voter information" means a document containing the

person's name, address and precinct number that is issued by

the county clerk or the 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

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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 VOTING UPON SATISFACTION OF

CONDITIONS.--

A. When a voter has been convicted of a felony,

the voter's registration shall be cancelled.

B. When a voter convicted of a felony is placed on

supervised probation and has completed the conditions of

supervision as ordered by the court, the person is eligible

for registration.

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 person is eligible

for registration.

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 and has completed all conditions of

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probation or parole, the person is eligible for registration.

E. The corrections department and the

administrative office of the courts shall deliver to the

secretary of state information and data as needed to carry out

the provisions of this section.

F. 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 the voters' unique

identifiers. The other two shall contain the 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

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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. A person who collects absentee ballot

applications and fails to submit a voter's completed absentee

ballot application is guilty of a petty misdemeanor.

C. A person who intentionally alters another

voter's completed absentee ballot application is guilty of a

fourth degree felony."

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.--

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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 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."

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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 paper ballot used on an electronic

vote tabulating system, optical scan vote tabulating system or

high-speed central count 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

marked in accordance with the instructions for that ballot

type.

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 presiding judge and election judges

for the precinct unanimously agree that the voter's intent is

clearly discernable."

Section 12. Section 1-10-2 NMSA 1978 (being Laws 1977,

Chapter 222, Section 25) is amended to read:

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"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."

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 a ballot or using the voting system, the voter shall

announce this fact before receiving the ballot or using the

voting system.

B. The voter's request for assistance shall be

noted by 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 the ballot or 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,

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Chapter 240, Section 268) is amended to read:

"1-12-16. CONDUCT OF ELECTION--TYPE OF ASSISTANCE.--

Persons providing assistance to a voter may assist the voter

in reading and marking the ballot or using the voting 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 SYSTEMS.--

A. Thirty days after adjournment of the state

canvassing board, each county clerk in the presence of the

district judge or the district judge's designated

representative shall clear the votes recorded on the memory

cards of all voting systems of the precincts for which the

county clerk has not received notice by registered mail of

contest or judicial inquiry.

B. The county clerk shall keep locked those memory

cards from voting 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 clearing of

the voting system memory cards, the county clerk shall notify

the county chair of each political party participating in the

election of the time, place and date thereof. The chair of

the political party may be present or may have the chair's

accredited representative present at the clearing."

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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--FORM OF

BALLOTS.--All ballots proposing constitutional amendments

shall 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

BALLOTS.--A voter desiring to mark 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

BALLOT.--Proposed constitutional amendments or other questions

submitted to the voters at any election shall be printed 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

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on the last 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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