SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
SENATE BILL 90
52nd legislature - STATE OF NEW MEXICO - first session, 2015
AN ACT
RELATING TO PUBLIC OFFICIALS; ADDING THE DEFINITION "FELONIOUS OR INFAMOUS CRIME" TO THE ELECTION CODE; ADDRESSING THE RESTORATION OF VOTING RIGHTS; PROVIDING FOR REMOVAL FROM PUBLIC OFFICE IMMEDIATELY UPON CONVICTION OF A FELONY; PROVIDING FOR FORFEITURE OF CAMPAIGN FUNDS; REPEALING SECTION 31-13-1 NMSA 1978 (BEING LAWS 1963, CHAPTER 303, SECTION 29-14, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 1, Article 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] FELONIOUS OR INFAMOUS CRIME--DEFINITION.--As used in the Election Code, "felonious or infamous crime" means a capital crime or a first or second degree felony or an equivalent crime from another jurisdiction."
SECTION 2. Section 1-4-27.1 NMSA 1978 (being Laws 2001, Chapter 46, Section 1, as amended) is amended to read:
"1-4-27.1. CANCELLATION OF REGISTRATION FOLLOWING CONVICTION--ELIGIBILITY FOR VOTING UPON SATISFACTION OF CONDITIONS.--
A. When a voter has been convicted of a [felony] felonious or infamous crime in any state or federal court, the voter's registration shall be canceled.
B. A person convicted of a [felony] felonious or infamous crime who is otherwise a qualified elector is eligible to register to vote when that person:
(1) has been unconditionally discharged from a correctional facility or detention center;
(2) has completed all conditions of parole or supervised probation; [or]
(3) has had the conviction overturned on appeal; or
(4) has been granted a pardon or a certificate by the governor restoring the person's full rights of citizenship.
C. No person imprisoned in a facility operated or managed by the corrections department shall be permitted to vote during the period of imprisonment.
[C.] D. The secretary of state shall each month maintain current in the statewide voter registration electronic management system the eligibility status of persons convicted of [felonies] felonious or infamous crimes to register to vote pursuant to this section.
[D.] E. The corrections department, the New Mexico sentencing commission and the administrative office of the courts shall deliver to the secretary of state information and data as needed to carry out the provisions of this section.
[E.] F. The secretary of state shall request from the United States attorney for the district of New Mexico, in conformance with 42 U.S.C. Section 1973gg-6(g), information and data as needed to carry out the provisions of this section."
SECTION 3. Section 10-1-2 NMSA 1978 (being Laws 1912, Chapter 44, Section 1, as amended) is amended to read:
"10-1-2. PUBLIC OFFICE--CONVICTION OF CRIME--DISQUALIFICATION--REMOVAL--FORFEITURE.--[Sec. 2. That No]
A. A person convicted of a felonious or infamous crime, as defined in the Election Code, unless such person has been pardoned or restored to political rights, shall not be qualified to be elected or appointed to any public office in this state.
B. If a person who holds a public office in this state is convicted of a felony, the person shall be deemed to have resigned from the public office immediately upon conviction, and the office is vacant. If the felony is related to the exercise of a person's elective office, all funds belonging to the person's campaign committee or committees shall be subject to forfeiture pursuant to the provisions of the Forfeiture Act; provided that upon forfeiture, any funds shall be deposited into the children's trust fund.
C. As used in this section, "public office" means:
(1) any elective office;
(2) the office of a cabinet secretary; or
(3) an appointed position on a public board or commission."
SECTION 4. REPEAL.--Section 31-13-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-14, as amended) is repealed.
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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