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AN ACT

RELATING TO ELECTIONS; ELIMINATING THE USE OF VOTERS' SOCIAL

SECURITY NUMBERS ON CERTAIN ELECTION-RELATED DOCUMENTS;

CHANGING CERTAIN ELECTION CODE TERMINOLOGY; CHANGING THE

DEFINITION OF "REQUIRED VOTER IDENTIFICATION"; CHANGING

REQUIREMENTS FOR CERTAIN ABSENTEE BALLOT MATERIALS.

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

Section 1. Section 1-1-24 NMSA 1978 (being Laws 2005,

Chapter 270, Section 6) is amended to read:

"1-1-24. REQUIRED VOTER IDENTIFICATION.--As used in the

Election Code, "required voter identification" means any of

the following forms of identification as chosen by the voter:

A. a physical form of identification, which may

be:

(1) an original or copy of a current and

valid photo identification with or without an address, which

address is not required to match the voter's certificate of

registration; or

(2) an original or copy of a utility bill,

bank statement, government check, paycheck, student

identification card or other government document, including

identification issued by an Indian nation, tribe or pueblo,

that shows the name and address of the person, the address of

which is not required to match the voter's certificate of

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registration; or

B. a verbal or written statement by the voter of

the voter's name, registration address and year of birth;

provided, however, that the statement of the voter's name

need not contain the voter's middle initial or suffix."

Section 2. 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 certificate

of registration by typing or printing in ink. The qualified

elector shall be given a receipt that shall contain:

(1) a number traceable to the registration

agent or officer;

(2) a statement informing the qualified

elector that if the qualified elector does not receive

confirmation of the qualified elector's registration within

fifteen days of the receipt date, the qualified elector

should contact the office of the county clerk in the county

where the qualified elector resides; and

(3) a toll-free number for the office of the

county clerk and an address for the web site of the secretary

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of state.

C. The qualified elector shall subscribe a

certificate of registration as follows:

(1) by signing the certificate of

registration using the qualified elector's given name, middle

name or initial and last name; or

(2) if any qualified elector seeking to

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 or agent and

the name of the qualified elector so registering shall be

subscribed by the making of the qualified elector's mark.

D. When properly executed by the registration

agent or officer, or qualified elector, the original 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 the

county 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

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the qualified elector's date of birth or any portion of the

qualified elector's social security number 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, and by

elections administrators in their official capacity.

F. A person who unlawfully copies, conveys or uses

information from a certificate of registration is guilty of a

fourth degree felony."

Section 3. Section 1-5-7 NMSA 1978 (being Laws 1969,

Chapter 240, Section 109, as amended) is amended to read:

"1-5-7. SIGNATURE ROSTERS AND CHECKLISTS OF VOTERS--

CONTENTS.--

A. The signature roster and checklist of voters

for any precinct shall contain for each voter, as shown in

the county register, the voter's:

(1) name;

(2) gender;

(3) place of residence;

(4) year of birth;

(5) party affiliation, if any; and

(6) precinct of residence.

B. In addition, the names on each signature roster

and checklist of voters shall be numbered consecutively

beginning with the number "1".

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C. On each page of each signature roster and each

checklist of voters there shall be printed the page number

and the date and name of the election for which they are to

be used."

Section 4. Section 1-5-8 NMSA 1978 (being Laws 1969,

Chapter 240, Section 110, as amended) is amended to read:

"1-5-8. SIGNATURE ROSTER--CHECKLIST OF VOTERS--VOTER

LIST--NUMBER--DISTRIBUTION.--

A. The county clerk shall prepare and certify the

accuracy of one signature roster and one checklist of voters

for each precinct. The county clerk shall deliver such

roster and checklist to each precinct board. The voter shall

sign the signature roster before receiving a ballot. The

precinct board member shall mark the checklist of voters to

verify the voters on the list who have voted.

B. The county clerk shall prepare an alphabetical

listing of voters in each precinct, which will be delivered

to each precinct board and posted inside the polling place

for public use.

C. After the polls have closed, the presiding

judge shall deliver the signed signature roster to the county

clerk and mail the checklist of voters to the secretary of

state."

Section 5. Section 1-6-4 NMSA 1978 (being Laws 1969,

Chapter 240, Section 130, as amended) is amended to read:

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"1-6-4. ABSENTEE BALLOT APPLICATION--FEDERAL QUALIFIED

ELECTOR--OVERSEAS VOTER.--

A. Application by a federal qualified elector or

an overseas voter for an absentee ballot shall be made on the

official postcard form prescribed or authorized by the

federal government to the county clerk of the county of the

applicant's residence. The form shall allow the applicant to

receive an absentee ballot for all elections within an

election cycle.

B. Application by a voter for an absentee ballot

shall be made only on a form prescribed by the secretary of

state in accordance with federal law. The form shall

identify the applicant and contain information to establish

the applicant's qualification for issuance of an absentee

ballot under the Absent Voter Act; provided that on the

application form for a general election ballot there shall be

no box, space or place provided for designation of the

voter's political party affiliation.

C. Each application for an absentee ballot shall

be subscribed by the applicant and shall require the

applicant's printed name, registration address and year of

birth to be supplied by the applicant, which shall constitute

the required form of identification, except for new

registrants who have registered by mail and at that time did

not provide acceptable identification. The secretary of

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state shall issue rules to exempt voters from submitting

identification only as required by federal law and shall

review and, if necessary, update these rules no later than

March 15 of even-numbered years.

D. An application for an absentee ballot by a

federal qualified elector or an overseas voter shall be

accepted at any time preceding the general election."

Section 6. Section 1-6-8 NMSA 1978 (being Laws 1969,

Chapter 240, Section 134, as amended) is amended to read:

"1-6-8. ABSENTEE BALLOT ENVELOPES.--

A. The secretary of state shall prescribe the form

of, procure and distribute to each county clerk a supply of:

(1) official inner envelopes for use in

sealing the completed absentee ballot;

(2) official mailing envelopes for use in

returning the official inner envelope to the county clerk;

provided the official mailing envelope for absentee ballots

in a general election shall contain no designation of party

affiliation;

(3) absentee ballot instructions, describing

proper methods for completion of the ballot and returning it;

and

(4) official transmittal envelopes for use

by the county clerk in mailing absentee ballot materials.

B. Official transmittal envelopes and official

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mailing envelopes for transmission of absentee ballot

materials to and from the county clerk and federal qualified

electors shall be printed in the form prescribed by the

federal Uniformed and Overseas Citizens Absentee Voting Act.

Official transmittal envelopes and official mailing envelopes

for transmission of absentee ballot materials to and from the

county clerk and voters shall be printed in black in

substantially similar form. All official inner envelopes

shall be printed in black.

C. The reverse of each official mailing envelope

shall contain a form to be executed by the voter completing

the absentee ballot. The form shall identify the voter and

shall contain the following statement: "I will not vote in

this election other than by the enclosed ballot. I will not

receive or offer any compensation or reward for giving or

withholding any vote.".

D. The official mailing envelope shall contain a

space for the voter to record the voter's name, registration

address and year of birth. The envelope shall have a

security flap to cover this information."

Section 7. 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 the absentee ballot in the manner

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provided in the Election Code for marking paper ballots,

place it in the official inner envelope and securely seal the

envelope. The voter shall then place the official inner

envelope 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 and the voter's

name, registration address and year of birth.

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 8. Section 1-12-7.1 NMSA 1978 (being Laws 1969,

Chapter 240, Section 112, as amended) is amended to read:

"1-12-7.1. VOTER LISTS--SIGNATURE ROSTERS--CHECKLIST OF

VOTERS--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 an alphabetical list of voters for use of the

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voters prior to voting. The posted copy shall not contain a

listing of voter addresses, years of birth, unique

identifiers or 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 checklist of voters, 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 checklist of voters

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 the person's name on the checklist of voters and

the voter provides the required voter identification, the

judge shall announce to the election clerks the list number

and the name of the voter as shown on the checklist of

voters. If the voter does not provide the required voter

identification, the voter shall be allowed to vote on a

provisional ballot and shall provide the required voter

identification to the county clerk's office before the county

canvass begins, or to the precinct board before the polls

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close, or the voter's provisional ballot shall not be

qualified. If the required voter identification is provided,

the voter's provisional ballot shall be qualified and the

voter shall not vote on any other type of ballot.

E. The election clerk shall locate that list

number and name on the signature roster and shall require the

voter to sign the voter's usual signature or, if unable to

write, to make the voter's mark opposite the voter's printed

name. If the voter makes 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 physical form of identification before voting, the

election judge shall ask the voter for the required physical

form of identification. If the voter does not provide the

required identification, the voter shall be allowed to vote

on a provisional paper ballot; provided, however, that if the

voter brings the required physical form of identification to

the polling place after casting a provisional ballot, that

ballot shall be qualified and the voter shall not vote on any

other type of ballot.

F. The election judge shall follow the procedures

provided for in Sections 1-12-7.2 and 1-12-8 NMSA 1978 if a

person whose name does not appear on the signature roster

requests to vote or a person is required to vote on a

provisional paper ballot.

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G. A voter shall not be permitted to vote until

the voter has properly signed the voter's usual signature or

made the voter's mark in the signature roster.

H. After the poll is closed, the election clerk in

charge of the 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 1-12-25.3 NMSA 1978 (being Laws

2003, Chapter 356, Section 6, as amended) is amended to read:

"1-12-25.3. PROVISIONAL PAPER BALLOTS--REQUIRED

INFORMATION.--

A. At a minimum, the following information shall

be printed on the outer envelope for a provisional paper

ballot:

(1) the name and signature of the voter;

(2) the voter's registered address, both

present and former if applicable;

(3) the voter's date of birth;

(4) the reason for using the ballot;

(5) the precinct and the polling place at

which the voter has voted; and

(6) sufficient space to list the disposition

of the ballot after review by the county clerk.

B. A provisional paper ballot shall not be

rejected for lack of the information required by this section

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and shall be qualified as long as the voter provides a valid

signature and sufficient information for the clerk to

determine the voter is a qualified elector."