HOUSE BILL 225

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

James E. Smith and Timothy M. Keller

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR ELECTRONIC ONLINE UPDATES OF A VOTER'S CERTIFICATE OF REGISTRATION; PROVIDING FOR ELECTRONIC SUBMITTAL OF A VOTER'S CERTIFICATE OF REGISTRATION FORM BY THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT.

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

     SECTION 1. A new section of Chapter 1, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ONLINE VOTER REGISTRATION UPDATES.--

          A. In addition to updating a certificate of registration in person or by mail, a voter may in accordance with the provisions of Sections 1-4-15 through 1-4-18 NMSA 1978 update an existing certificate of registration electronically by completing a certificate of registration form on the secretary of state's web site. Upon receipt of an updated certificate of registration, the secretary of state shall transmit the certificate to the county clerk of the county in which the registrant resides, and the county clerk shall print the updated certificate and file it in the county's register of voters.

          B. A certificate of registration updated electronically shall be electronically authenticated by the registrant using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act. A certificate of registration that is electronically authenticated in accordance with the provisions of this subsection shall be deemed to have been subscribed and sworn to by the registrant.

           C. The secretary of state shall ensure that the web site used for electronic registration is secure and that the confidentiality of all users and integrity of data submitted are preserved. The secretary of state shall implement the provisions of this section no later than March 1, 2014."

     SECTION 2. Section 1-4-47 NMSA 1978 (being Laws 1991, Chapter 80, Section 4, as amended) is amended to read:

     "1-4-47. DRIVER'S LICENSE VOTER REGISTRATION.--

          A. Every person who is a qualified elector and is applying for a driver's license, to renew a driver's license or for an identification card shall, if [otherwise] qualified to register to vote, with the consent of the applicant be simultaneously registered to vote.

          B. The secretary of taxation and revenue shall select certain employees of the motor vehicle division of the taxation and revenue department or employees of entities on contract to provide field services to the motor vehicle division [of the taxation and revenue department] to provide assistance to any applicant requesting voter registration assistance.

          C. Every motor vehicle division office, field office or contract field office of the division shall display within the offices clearly visible signs stating "voter registration assistance available" and:

                (1) personnel in each office shall advise [any] each person who is a qualified elector and an applicant for licensure or renewal or for an identification card that initial voter registration or a change of address for voter registration may be made simultaneously with the motor vehicle application;

                (2) voter registration shall be conducted in a manner such that the applicant is able to fill out the full certificate of registration electronically; and

                (3) the applicant's digital signature shall be affixed to the certificate of registration.

          D. [No] A motor vehicle division employee or contractor [may] shall not intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act. [No] A motor vehicle division employee or contractor [may] shall not reveal the existence of or the nature of the voter registration to anyone other than a registration officer.

          E. Any voter registration made or accepted at a motor vehicle division office or motor vehicle division field office shall be transmitted to the appropriate registration officer within [ten] seven calendar days.

          F. The secretary of state shall work with the motor vehicle division to:

                (1) ensure compliance in the application of the provisions of this section with the federal National Voter Registration Act of 1993;

                (2) ensure consistent implementation in the various counties, based on county classification and developing technology; and

                (3) develop procedures to ensure that, once voter registration information is transmitted to the appropriate registration officer, the voter's certificate of registration is printed and placed in the county's register of voters."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2014.