SENATE BILL 690
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Dianna J. Duran
AN ACT
RELATING TO ELECTIONS; REQUIRING IN-PERSON VOTERS TO PRESENT IDENTIFICATION BEFORE VOTING; PROVIDING FOR FREE VOTER IDENTIFICATION CARDS ISSUED BY THE COUNTY CLERKS.
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] VOTER IDENTIFICATION CARDS.--
A. The county clerk shall issue without charge a voter identification card to a person who:
(1) presents any two of the following identification documents containing the name and address of the person:
(a) a state-issued identification card;
(b) a social security card;
(c) a student identification card;
(d) identification issued by an Indian nation, tribe or pueblo;
(e) an insurance card;
(f) a selective service card;
(g) a union card;
(h) a professional association card;
(i) a utility bill;
(j) a bank statement; or
(k) a government check or paycheck; or (2) if unable to present the required documents to the clerk, affirms under penalty of perjury in an affidavit that the person is registered to vote and the county clerk confirms that the person is registered to vote.
B. The voter identification card shall state on its face that it is not valid identification for other than the purpose of voting in a state election and shall not be valid if the voter is subsequently purged from the voter rolls."
Section 2. Section 1-1-24 NMSA 1978 (being Laws 2005, Chapter 270, Section 6, as amended) 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 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] that contains the voter's name and photograph and that may be a card issued by a government agency, a driver's license, a student identification card, a commercial transaction card, such as a credit or debit card, an insurance card, a union card or a professional association card, or a voter identification card issued by the county clerk."
Section 3. Section 1-6-5.7 NMSA 1978 (being Laws 2005, Chapter 270, Section 40) is amended to read:
"1-6-5.7. EARLY VOTING--USE OF ABSENTEE VOTING PROCEDURES--ALTERNATE VOTING LOCATIONS.--
A. Commencing on the third Saturday prior to an election, an early voter may vote in person on a voting system at an alternate voting location established by the county clerk. In class A counties with more than two hundred thousand registered voters, the county clerk shall establish not less than twelve alternate voting locations as a convenience to the voters. For class A counties with two hundred thousand registered voters or fewer, the county clerk shall establish not less than four alternate voting locations. In non-class A counties with more than ten thousand registered voters, the county clerk shall establish at least one alternate voting location. In non-class A counties with ten thousand registered voters or fewer, early voting shall be conducted in the office of the county clerk or at such [alternative] alternate locations as may be designated by the county clerk. Early voting may be done at an alternate location from 12:00 p.m. to 8:00 p.m., Tuesday through Friday, and from 10:00 a.m. to 6:00 p.m., Saturday through the Saturday immediately prior to the election.
B. When voting early, the voter shall provide the required voter identification to the county clerk or the clerk's authorized representative. If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional ballot. Provisional ballots issued pursuant to the provisions of this subsection shall be counted only if:
(1) the voter presents to the county clerk no later than three days following election day the required voter identification;
(2) the voter did not vote elsewhere in that election; and
(3) the voter was registered to vote in the election.
C. If the voter provides the required identification, the voter shall be allowed to vote after subscribing an application to vote in accordance with secretary of state rules. The county clerk or the clerk's authorized representative shall make an appropriate designation on the signature roster next to the voter's name indicating that the voter has voted early."
Section 4. 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 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 in accordance with the provisions of Section 1-12-8 NMSA 1978 and shall provide the required voter identification to the county clerk's office [before the county canvass begins] within three days of the closing of the polls, or to the precinct board before the polls 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.
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 5. Section 1-12-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 247, as amended) is amended to read:
"1-12-8. CONDUCT OF ELECTION--PROVISIONAL VOTING.--
A. A person shall be permitted to vote on a provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster, provided:
(1) the person's residence is within the boundaries of the county in which the person offers to vote;
(2) the person's name is not on the list of persons submitting absentee ballots; and
(3) the person executes a statement swearing or affirming to the best of the person's knowledge that the person is a qualified elector, is currently registered and eligible to vote in that county and has not cast a ballot or voted in that election.
B. A voter shall vote on a provisional paper ballot if the voter:
(1) has not previously voted in a general election in New Mexico or has been purged from the voter list;
(2) registered to vote by mail;
(3) did not submit the [physical form of the] required voter identification with the certificate of registration form; and
(4) does not present to the election judge [a physical form of] the required voter identification.
C. A voter shall vote on a provisional ballot in accordance with the provisions of Paragraph (3) of Subsection A of this section and Section 1-12-7.1 NMSA 1978 if the voter does not provide the required voter identification to the election judge.
D. An election judge shall have the voter sign the signature roster and issue the voter a provisional paper ballot, an outer envelope and an official inner envelope. The voter shall vote on the provisional paper ballot in secrecy and, when done, place the ballot in the official inner envelope and place the official inner envelope in the outer envelope and return it to the precinct officer. The election judge shall ensure that the required information is completed on the outer envelope, have the voter sign it in the appropriate place and place it in an envelope designated for provisional paper ballots.
E. Knowingly executing a false statement constitutes perjury as provided in the Criminal Code of this state, and voting on the basis of such falsely executed statement constitutes fraudulent voting."
Section 6. Section 1-12-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 249, as amended) is amended to read:
"1-12-10. CONDUCT OF ELECTION--VOTER'S NAME, ADDRESS,
SIGNATURE.--
A. When a voter [presents himself] offers to vote at the polls, [to vote, he] the voter shall announce [his] the voter's name and address in an audible tone of voice. When an election judge finds the voter's name in the signature roster, [he] the election judge shall in like manner repeat the name of the voter. The election judge shall then ask the voter to provide the required voter identification. The voter shall then sign [his] the voter's name or make [his] the voter's mark on the signature line in the copy of the signature roster to be returned to the county clerk. Upon the voter's name or mark being written in the signature roster, a challenge may be interposed as provided in the Election Code.
B. If a voter fails to provide the required voter identification, the voter shall be allowed to vote on a provisional ballot in accordance with the provisions of Sections 1-12-7.1 and 1-12-8 NMSA 1978."
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