HOUSE BILL 105
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Eleanor Chavez and Timothy M. Keller
AN ACT
RELATING TO ELECTIONS; PROVIDING FOR ELECTRONIC SUBMITTAL OF A VOTER'S CERTIFICATE OF REGISTRATION FORM; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
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] ADDITIONAL METHOD OF SUBMITTING A CERTIFICATE OF REGISTRATION FORM--ELECTRONIC REGISTRATION.--
A. In addition to registering to vote in person or by mail as provided in Subsection A of Section 1-4-5.1 NMSA 1978, a person who is a qualified elector and has a valid New Mexico driver's license or identification card issued pursuant to the Motor Vehicle Code may complete a certificate of registration form on the secretary of state's web site, and the secretary of state shall accept the electronically submitted certificate of registration form if:
(1) the applicant attests to the truth of the information provided on the form by affirmatively accepting the information as true;
(2) the applicant affirmatively assents to use of the applicant's driver's license or identification card signature for voter registration purposes; and
(3) the form is otherwise completed in conformance with the registration requirements of the Election Code.
B. For each electronic submission of a certificate of registration form, the secretary of state shall obtain a digital copy of the applicant's driver's license or identification card signature from the taxation and revenue department, which the department shall supply upon request.
C. A certificate of registration form submitted electronically shall otherwise be treated as a certificate of registration form submitted by mail. If an applicant is registering to vote for the first time in New Mexico, the applicant shall affirm that the taxation and revenue department is authorized to transmit a copy of the applicant's driver's license or identification card to the secretary of state to fulfill the identification requirements of Subsection I of Section 1-4-5.1 NMSA 1978.
D. If the certificate of registration form is completed and accepted in accordance with the provisions of this section, the secretary of state shall transmit the completed certificate to the appropriate county clerk.
E. The secretary of state may employ additional security measures to ensure the accuracy and integrity of certificates of registration that are submitted electronically."
SECTION 2. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] CHANGING A VOTER'S CERTIFICATE OF REGISTRATION--REASONS--PROCEDURES.--
A. A voter may change the voter's certificate of registration by completing a new certificate of registration form for the following reasons:
(1) the voter's name has changed or there is an error in the certificate of registration;
(2) the voter would like to change or declare a party designation; or
(3) the voter has changed residence.
B. No change in a voter's registration shall be made in any period during which registration is closed; however, the county clerk shall accept a new certificate of registration form that changes the voter's existing certificate of registration but shall not process the registration until the registration period is open.
C. The county clerk shall cancel the voter's previous certificate of registration upon acceptance of a new certificate of registration for that voter.
D. The county clerk shall retain a voter's previous certificate of registration for six years in a file established for that purpose."
SECTION 3. Section 1-4-11 NMSA 1978 (being Laws 1969, Chapter 240, Section 67, as amended) is amended to read:
"1-4-11. DUTIES OF COUNTY CLERK--UPON RECEIPT OF CERTIFICATES.--
A. Upon receipt of a complete certificate of registration, if in proper form, the county clerk shall determine if the qualified elector applying for registration is already registered in the registration records of the county. If the qualified elector is not already registered in the county and if the certificate of registration is received within the time allowed by law for filing certificates of registration in the county clerk's office, the county clerk shall sign or stamp, in the space provided therefor on each copy of the certificate, the qualified elector's name and the date the certificate was accepted for filing in the county registration records. Voter information shall be handed or mailed immediately to the qualified elector and to no other person.
B. If the qualified elector is already registered in the county as shown by the qualified elector's original certificate of registration currently on file in the county registration records, the county clerk shall not accept the new certificate of registration unless it is filed pursuant to Section [1-4-13, 1-4-15, 1-4-17 or 1-4-18 NMSA 1978] 2 of this 2011 act. If the applicant's certificate of registration is rejected for any reason, the county clerk shall stamp or write the word "rejected" on the new certificate of registration and hand or mail it, if possible, to the applicant with an explanation of why the new certificate of registration was rejected and what remedial action, if any, the applicant must take to bring the registration up to date or into compliance with the Election Code.
C. If the qualified elector does not register in person, indicates that the qualified elector has not previously voted in a general election in New Mexico and does not provide the registration officer with the required identification, the registration officer shall indicate this on the qualified elector's certificate of registration and the county clerk shall note this on the appropriate precinct signature roster."
SECTION 4. REPEAL.--Sections 1-4-13, 1-4-15, 1-4-17 and 1-4-18 NMSA 1978 (being Laws 1969, Chapter 240, Sections 69, 71, 73 and 74, as amended) are repealed.
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