SENATE BILL 2
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
Michael S. Sanchez and Patricia Roybal Caballero
AN ACT
RELATING TO ELECTIONS; PROVIDING FOR THE AUTOMATIC REGISTRATION TO VOTE OF QUALIFIED ELECTORS WHO APPLY FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY THE STATE AND WHO DO NOT DECLINE TO BE REGISTERED; PROVIDING PROCEDURES TO AUTOMATICALLY REGISTER TO VOTE QUALIFIED ELECTORS WHO HAVE A DRIVER'S LICENSE OR IDENTIFICATION CARD AND WILL BE AT LEAST EIGHTEEN YEARS OF AGE ON OR BEFORE THE NEXT GENERAL ELECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. 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 qualified to register to vote, with the consent of the applicant] be simultaneously registered to vote, unless the person:
(1) affirmatively declines to become registered to vote; or
(2) does not attest that the person meets all voter eligibility requirements, including United States citizenship.
B. A person who is not a qualified elector because the person will not be eighteen years of age on or before the next general election and who is applying for a driver's license or for an identification card shall simultaneously pre-register to vote, unless the person affirmatively declines to pre-register to vote. The secretary of state shall promulgate rules outlining the information necessary for pre-registration.
[B.] C. 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 to provide assistance to any applicant requesting voter registration assistance.
[C.] D. 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 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] will be made simultaneously with the motor vehicle application;
(2) voter registration shall be conducted in a manner such that the applicant completes the full certificate of registration electronically; and
(3) the applicant's digital signature shall be affixed to the certificate of registration using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act.
[D.] E. A motor vehicle division employee or contractor shall not intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act. A motor vehicle division employee or contractor shall not reveal the existence of or the nature of the voter registration to anyone other than a registration officer.
[E.] F. Any voter registration made or accepted at a motor vehicle division office or motor vehicle division field office shall be transmitted to the secretary of state and the appropriate registration officer within seven calendar days.
[F.] G. 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 2. A new section of the Election Code, Section 1-4-47.1 NMSA 1978, is enacted to read:
"1-4-47.1. [NEW MATERIAL] AUTOMATIC VOTER REGISTRATION FOR QUALIFIED ELECTORS WHO PRE-REGISTERED TO VOTE.--
A. Not later than July 1, 2017, the secretary of state shall by rule establish a schedule by which the motor vehicle division of the taxation and revenue department shall provide the secretary with electronic records containing the legal name, birth date, resident address, social security number, citizenship status, party preference, if any, and electronic digital signature of each person who is eighteen years of age or younger and has on file with the division that information.
B. The secretary of state shall provide to the county clerk of the county in which the person is or will be eligible to register to vote the person's information received by the secretary from the division. The county clerk shall determine if the person has already registered to vote or is an unregistered qualified elector who has pre-registered to vote and will be eighteen years of age on or before the next general election, and notify each such pre-registered qualified elector of the procedure by which the person may decline being registered to vote and how the person may change political party affiliation if the person so chooses.
C. If a person notified pursuant to Subsection B of this section does not decline to be registered to vote within twenty-one days after the county clerk issues notification, the person's electronic record and digital signature shall constitute a completed certificate of registration. If the county clerk determines that the person is qualified to be registered to vote, the county clerk shall print and file a copy of the person's certificate of registration in the county's register of voters and enter the person's information into the state voter file."
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