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AN ACT

RELATING TO ELECTIONS; CONFORMING CERTAIN ELECTION PROCEDURES

WITH FEDERAL LAW; CHANGING THE DEADLINE FOR ACCEPTANCE OF

MAILED VOTER REGISTRATION FORMS; PROVIDING PROCEDURES FOR

UPDATING AND PURGING VOTER FILES; PROVIDING FOR EXPEDITED

SPECIAL CONGRESSIONAL ELECTIONS; DECLARING AN EMERGENCY.

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

Section 1. Section 1-4-8 NMSA 1978 (being Laws 1969,

Chapter 240, Section 66, as amended) is amended to read:

"1-4-8. DUTIES OF COUNTY CLERK--ACCEPTANCE OF

REGISTRATION--CLOSE OF REGISTRATION--FEDERAL QUALIFIED

ELECTORS AND OVERSEAS VOTERS--LATE REGISTRATION.--

A. For qualified electors other than federal

qualified electors or overseas voters, the following

provisions shall apply:

(1) the county clerk shall receive

certificates of registration at all times during normal

working hours, except that the clerk shall close registration

at 5:00 p.m. on the twenty-eighth day immediately preceding

any election at which the registration books are to be

furnished to the precinct board;

(2) registration shall be reopened on the

Monday following the election;

(3) for purposes of a municipal or school

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election, the registration period for those precincts within

the municipality or school district is closed at 5:00 p.m. on

the twenty-eighth day immediately preceding the municipal or

school election and is opened again on the Monday following

the election;

(4) during the period when registration is

closed, the county clerk shall receive certificates of

registration and other documents pertaining thereto but shall

not file the certificate of registration in the registration

book until the Monday following the election, at which time a

voter information document shall be mailed to the registrant

at the address shown on the certificate of registration;

(5) when the twenty-eighth day prior to any

election referred to in this section is a Saturday, Sunday or

legal holiday, registration shall be closed at 5:00 p.m. of

the next succeeding regular business day for the office of

the county clerk; and

(6) the county clerk shall accept for filing

any certificate of registration that is subscribed and dated

on or before the twenty-eighth day preceding the election

and:

(a) received by the county clerk before

5:00 p.m. on the Friday immediately following the close of

registration;

(b) mailed and postmarked not less than

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twenty-eight days prior to any election referred to in this

section; or

designated pursuant to Section 1-4-5.2 NMSA 1978.

B. For federal qualified electors and overseas

voters, the county clerk shall accept a certificate of

registration by electronic transmission from a voter

qualified to apply for and vote by absentee ballot in the

county if the transmission is received before 5:00 p.m. on

the Friday immediately preceding the election."

Section 2. Section 1-4-28 NMSA 1978 (being Laws 1975,

Chapter 255, Section 46, as amended) is amended to read:

"1-4-28. CANCELLATION OF REGISTRATION--CHANGE OF

RESIDENCE--NOTICE.--

A. The secretary of state, county clerks and

boards of registration, in compliance with the federal

National Voter Registration Act of 1993, shall remove from

the official list of eligible voters the names of voters who

are ineligible to vote due to change of residence.

B. The secretary of state shall issue rules for

the cancellation of voter registrations in strict compliance

with the federal National Voter Registration Act of 1993."

Section 3. Section 1-12-69 NMSA 1978 (being Laws 1977,

Chapter 222, Section 72, as amended) is amended to read:

"1-12-69. DISPOSITION OF PAPER BALLOTS.--

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A. Paper ballots marked by voters and all records

related to voting in any election in which a federal

candidate appears on the ballot shall be retained and

preserved for a period of twenty-two months from the date of

the election.

B. Paper ballots marked by voters and all records

related to voting in any election in which no federal

candidate appears on the ballot shall be retained and

preserved for forty-five days after adjournment of the state

or county canvassing board, whichever is later.

C. In precincts where a recount or judicial

inquiry or inspection of contents is sought, the county clerk

shall hold ballots marked by voters and records related to

voting in those precincts intact subject to order of the

district court or other authority having jurisdiction of the

contest or inspection.

D. Paper ballots marked by voters and records

related to voting in any election shall only be destroyed

pursuant to rules promulgated by the state records center for

destruction of public records.

E. The state records center is authorized to

receive for storage and destruction paper ballots marked by

voters and records related to voting in any election in which

a federal candidate appears on the ballot. At least three

days prior to sending the ballots and records to the state

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records center, the county clerk shall notify the county

chair of each political party that participated in the

election. The chairs or their designees may inspect the

boxes prior to their sealing for delivery.

F. At least three days prior to the destruction by

the county clerk of paper ballots marked by voters and

records related to voting, 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

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

accredited representative present."

Section 4. Section 1-15-18.1 NMSA 1978 (being Laws

1983, Chapter 232, Section 16) is amended to read:

"1-15-18.1. UNITED STATES REPRESENTATIVE--VACANCY.--

A. Ten days after a vacancy occurs in the office

of United States representative, the governor shall, by

proclamation, call a special election to be held not less

than eighty-four nor more than ninety-one days after the date

of the vacancy for the purpose of filling the vacancy, except

as provided in Subsections E and F of this section.

B. Upon the issuance of the governor's

proclamation, each qualified political party may nominate in

the manner provided by the rules of that party a candidate to

fill the vacancy in the office of United States

representative; provided that such nomination is certified to

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the secretary of state by the state chair of that party no

later than 5:00 p.m. on the fifty-sixth day preceding the

date of the special election.

C. Declarations of independent candidacy to fill

the vacancy in the office of United States representative and

nominating petitions pertaining thereto shall be filed with

the secretary of state no later than 5:00 p.m. on the

fifty-sixth day preceding the date of the special election.

D. Special elections called for the purpose of

filling a vacancy in the office of United States

representative shall be conducted in accordance with the

provisions of the Election Code; provided, however, if there

is a conflict between this section and other provisions of

the Election Code, the provisions of this section shall

control.

E. If a vacancy occurs in the office of United

States representative after the date of the primary election

and before the date of the general election of that same

year, the vacancy shall be filled at that general election of

the same year. Candidates seeking the office of United

States representative in that general election for the next

succeeding term shall be deemed to be candidates for the

unexpired term as well, and the candidate elected shall take

office upon the certification of the election results.

F. If a vacancy occurs in the office of United

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States representative when there are more than one hundred

vacancies in the United States house of representatives and

there are more than seventy-five days before a regularly

scheduled election or previously scheduled special election,

then:

(1) the governor shall, by proclamation,

call a special election to be held not more than forty-nine

days after the vacancy is announced;

(2) each qualified political party may

nominate in the manner provided by the rules of that party a

candidate to fill the vacancy in the office of United States

representative; provided that such nomination is certified to

the secretary of state by the state chair of that party no

later than 5:00 p.m. on the tenth business day following

announcement of the vacancy; and

(3) declarations of independent candidacy to

fill the vacancy in the office of United States

representative and nominating petitions pertaining thereto

shall be filed with the secretary of state no later than 5:00

p.m. on the twentieth day following announcement of the

vacancy."

Section 5. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.