SENATE BILL 40
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Michael Padilla and Harold Pope
AN ACT
RELATING TO DOMESTIC AFFAIRS; AMENDING AND ENACTING SECTIONS OF CHAPTER 40, ARTICLE 1 NMSA 1978 TO PROVIDE FOR REMOTE SOLEMNIZATION AND MARRIAGE LICENSURE BY AFFIDAVIT FOR A PARTY WHO IS UNAVAILABLE AS A RESULT OF ACTIVE DUTY AS A MEMBER OF THE ARMED FORCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 40, Article 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] REMOTE SOLEMNIZATION FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY--AFFIDAVIT REQUIREMENTS-- SOLEMNIZATION--DISTRICT COURT PETITION UPON REFUSAL.--
A. If a party to a marriage is unable to be present at the solemnization, the unavailable party may marry remotely if that party provides a notarized affidavit to a person authorized to solemnize a marriage pursuant to Section 40-1-2 NMSA 1978. The affidavit shall include:
(1) the unavailable party's full name, including the maiden surname of a female applicant; address; date of birth; place of birth, including city, county and state; citizenship; and social security number, if any;
(2) a declaration that the unavailable party is not presently married;
(3) a declaration that the party to the marriage who is available is not presently married and is not related to the unavailable party as:
(a) an ancestor or descendant, by blood or adoption;
(b) a brother or sister, of the whole or half blood or by adoption;
(c) a parent's brother or sister, of the whole or half blood or by adoption;
(d) a son or daughter of a brother or sister, of the whole or half blood or by adoption;
(e) a current or former stepchild or stepparent; or
(f) a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption;
(4) a declaration that the unavailable party desires to marry and the name, age and address of the person to whom the unavailable party desires to be married;
(5) the approximate date on which the marriage is to occur;
(6) the reason the unavailable party is unable to appear personally before the county clerk for the issuance of the license; and
(7) the appointment of any adult, other than the other party to the marriage, to act as proxy for the purpose of participating in the ceremony, if the unavailable party is:
(a) a member of the armed forces of the United States on active duty; and
(b) unable to attend the ceremony.
B. If a person authorized to solemnize a marriage pursuant to Section 40-1-2 NMSA 1978 has received an affidavit from the unavailable party pursuant to Subsection A of this section, the person may solemnize the marriage.
C. Pursuant to this section, a party to the marriage and the unavailable party, through affidavit or proxy stated within the affidavit, may petition the district court for an order permitting the marriage to be solemnized if the solemnization is refused."
SECTION 2. Section 40-1-10 NMSA 1978 (being Laws 1905, Chapter 65, Section 1, as amended) is amended to read:
"40-1-10. LICENSE REQUIRED--PERSONAL APPEARANCE REQUIREMENTS--AFFIDAVIT REQUIREMENTS FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY--COUNTY CLERK.--
A. Each couple desiring to marry pursuant to the laws of New Mexico shall first obtain a license from a county clerk of this state and, following a ceremony conducted in this state, file the license for recording in the county issuing the license.
B. To obtain a marriage license, the couple shall personally appear at the office of the county clerk issuing the license [and] unless an unavailable party provides a notarized affidavit pursuant to Subsection C of this section. A couple appearing personally at the office of the county clerk shall provide sufficient identification to satisfy the county clerk as to each person's identity and qualification to receive a marriage license pursuant to Chapter 40, Article 1 NMSA 1978. [On application to a judge of the district court, the court, for good cause, may authorize a person unable to appear personally to obtain a license from the county clerk, and a certified copy of the judicial authorization shall be filed with the county clerk.]
C. If a party to a marriage is unable to be present at the office of the county clerk to obtain a marriage license, the unavailable party may proceed remotely if that party provides a notarized affidavit to the county clerk. The affidavit shall include:
(1) the unavailable party's full name, including the maiden surname of a female applicant; address; date of birth; place of birth, including city, county and state; citizenship; and social security number, if any;
(2) a declaration that the unavailable party is not presently married;
(3) a declaration that the party to the marriage who is available is not presently married and is not related to the unavailable party as:
(a) an ancestor or descendant, by blood or adoption;
(b) a brother or sister, of the whole or half blood or by adoption;
(c) a parent's brother or sister, of the whole or half blood or by adoption;
(d) a son or daughter of a brother or sister, of the whole or half blood or by adoption;
(e) a current or former stepchild or stepparent; or
(f) a son or daughter of a parent's brother or sister, of the whole or half blood or by adoption;
(4) a declaration that the unavailable party desires to marry and the name, age and address of the person to whom the unavailable party desires to be married;
(5) the approximate date on which the marriage is to occur;
(6) the reason the unavailable party is unable to appear personally before the county clerk for the issuance of the license; and
(7) the appointment of any adult, other than the other party to the marriage, to act as proxy for the purpose of participating in the ceremony, if the unavailable party is:
(a) a member of the armed forces of the United States on active duty; and
(b) unable to attend the ceremony.
[C.] D. The county clerk:
(1) shall collect the social security number of an applicant for a marriage license only as provided for in Section 27-1-10 NMSA 1978;
(2) shall not make available a social security number to another person except as provided for in Section 27-1-10 NMSA 1978; and
(3) may, thirty days after the commencement of each fiscal year, dispose of, in a secure manner, those social security numbers collected in the previous fiscal year that have not been requested as provided for in Section 27-1-10 NMSA 1978."
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