HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 206

49th legislature - STATE OF NEW MEXICO - second session, 2010

AN ACT

RELATING TO VOTING; CLARIFYING THE PROCESS FOR EX-FELON VOTER REGISTRATION.

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

     Section 1. [NEW MATERIAL] CANCELLATION OF REGISTRATION.--When a voter has been convicted of a felony, the voter's registration shall be canceled.

     Section 2. A new Section 1-4-27.2 NMSA 1978 is enacted to read:

     "1-4-27.2. [NEW MATERIAL] ELIGIBILITY FOR VOTING UPON SATISFACTION OF CONDITIONS.--A person convicted of a felony offense shall be restored the right to vote and shall be eligible to register to vote if the person:

          A. has completed the terms of a suspended or deferred sentence imposed by a court;

          B. was unconditionally discharged from a correctional facility;

          C. was conditionally discharged from a correctional facility and has completed all conditions of probation or parole;

          D. was placed on supervised probation or parole and has completed the conditions of supervision ordered by the court, including making restitution, if applicable; or

          E. was granted a pardon or a certificate by the governor restoring the person's full rights of citizenship."

     Section 3. A new Section 31-13-1.1 NMSA 1978 is enacted to read:

     "31-13-1.1. [NEW MATERIAL] FELONY CONVICTION--RESTORATION OF CITIZENSHIP.--A person who has been convicted of a felony shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district unless the person presents the governor with a certificate verifying completion of the person's sentence and the governor grants a pardon or issues a certificate restoring the person's full rights of citizenship."  

     Section 4. REPEAL.--Section 1-4-27.1 NMSA 1978 (being Laws 2001, Chapter 46, Section 1, as amended) is repealed.

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