0001| AN ACT | 0002| RELATING TO ELECTIONS; AMENDING AND ENACTING SECTIONS OF THE MUNICIPAL | 0003| ELECTION CODE. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. A new section of the Municipal Election Code is | 0007| enacted to read: | 0008| "ABSENTEE BALLOT--CONDUCT OF ELECTION--WHEN NOT TIMELY RECEIVED-- | 0009| EMERGENCY PROCEDURE FOR VOTING AND COUNTING.-- | 0010| A. Any applicant for an absentee ballot who has not | 0011| received the absentee ballot by mail as of the date of the election | 0012| may present himself at his assigned precinct polling place and, after | 0013| executing an affidavit of nonreceipt of absentee ballot, shall be | 0014| permitted to vote on an emergency paper ballot or a marksense ballot. | 0015| B. The completed ballot shall be placed in an official | 0016| inner envelope substantially as prescribed by Section 3-9-6 NMSA 1978 | 0017| and sealed. The official inner envelope shall then be placed in an | 0018| official envelope substantially as prescribed for a transmittal | 0019| envelope or mailing envelope in Section 3-9-6 NMSA 1978. This | 0020| envelope shall contain a form on its back that identifies the voter by | 0021| name and signature roster number and the printed statement to the | 0022| effect that the voter made application for an absentee ballot but had | 0023| not received it as of the date of the election and is permitted to | 0024| vote by emergency paper ballot or a marksense ballot. | 0025| C. The presiding judge shall put all such ballots in a | 0001| special envelope provided for that purpose by the municipal clerk, | 0002| seal it and return it to the municipal clerk along with the machine | 0003| tally sheets. The sealed envelope shall not be put in the locked | 0004| ballot box. | 0005| D. Upon receipt of the envelope containing such ballots, | 0006| the municipal clerk, no later than forty-eight hours after the close | 0007| of the election, shall remove the transmittal envelopes and without | 0008| removing or opening the inner envelopes, determine that: | 0009| (1) such voter did in fact make application for an | 0010| absentee ballot; and | 0011| (2) no such absentee ballot was received by the | 0012| municipal clerk from the voter by 7:00 p.m. on election day. | 0013| E. Upon making such determination, the municipal clerk | 0014| shall remove the inner envelope without opening it, destroy the | 0015| transmittal envelope and place the inner envelope in a secure place to | 0016| be transmitted to the municipal canvassing board to be tallied and | 0017| included in the canvass of that municipality for the appropriate | 0018| precinct. | 0019| F. The municipal clerk shall prescribe and furnish the | 0020| necessary envelopes for purposes of this section and shall adopt rules | 0021| and regulations deemed necessary to preserve the secrecy of the | 0022| ballot." | 0023| Section 2. A new section of the Municipal Election Code is | 0024| enacted to read: | 0025| "ADDITIONAL EMERGENCY PROCEDURE FOR VOTING.-- | 0001| A. After the close of the period for requesting absentee | 0002| voter ballots by mail, any voter unable to go to the polls due to | 0003| unforeseen illness or disability resulting in his confinement in a | 0004| hospital, sanitarium, nursing home or residence who is unable to vote | 0005| at his polling place, voting booth or voting apparatus or machinery | 0006| may request in writing that an alternative ballot be made to be made | 0007| available to him. The written request shall be signed by the voter | 0008| and a health care provider under penalty of perjury. | 0009| B. The alternative ballot shall be made available by the | 0010| municipal clerk where the voter resides to any authorized voter who | 0011| has presented the written request to the office of the clerk. | 0012| C. Before releasing the alternative ballot, the municipal | 0013| clerk shall compare the signature on the written request with the | 0014| signature on the voter's affidavit of registration. If the municipal | 0015| clerk determines that the signature on the written request is not the | 0016| signature of the voter, the request for the alternative ballot shall | 0017| be rejected. | 0018| D. The voter shall mark the alternative ballot, place it in | 0019| an identification envelope similar to that used for absentee ballots, | 0020| fill out and sign the envelope and return the ballot to the office of | 0021| the municipal clerk where the voter resides no later than the time of | 0022| closing of the polls on election day. The voter's name shall be | 0023| compared to the roster of voters and the ballot shall be counted only | 0024| if there is no signature for that voter on the roster of the precinct | 0025| where the voter's name appears. | 0001| E. Alternative ballots shall be processed and counted in | 0002| the same manner as absentee ballots. | 0003| F. The municipal clerk shall prescribe the form of | 0004| alternative ballots." | 0005| Section 3. Section 3-8-2 NMSA 1978 (being Laws 1985, Chapter | 0006| 208, Section 10) is amended to read: | 0007| "3-8-2. DEFINITIONS.-- | 0008| A. The definitions in Section 3-1-2 NMSA 1978 shall apply | 0009| to the Municipal Election Code in addition to those definitions set | 0010| forth in the Municipal Election Code. | 0011| B. As used in the Municipal Election Code: | 0012| (1) "absentee voter list" means the list prepared by | 0013| the municipal and county clerks of those persons who have been issued | 0014| an absentee ballot; | 0015| (2) "ballot" means a system for arranging and | 0016| designating for the voter the names of candidates and other questions | 0017| to be voted on and for the marking, casting or otherwise recording of | 0018| such votes, and the term includes absentee ballots, ballot labels, | 0019| emergency paper ballots and paper ballots used in lieu of voting | 0020| machines; | 0021| (3) "ballot label" means that portion of cardboard, | 0022| paper or other material placed on the front of the voting machine | 0023| containing the names of the candidates, the offices the candidates are | 0024| seeking and a statement of the proposed questions to be voted upon; | 0025| (4) "clerk" or "municipal clerk" means the municipal | 0001| clerk or any deputy or assistant municipal clerk; | 0002| (5) "county clerk" means the clerk of the county or | 0003| his designee within which the municipality is located; | 0004| (6) "election returns" means all certificates of the | 0005| precinct board, including but not limited to the certificate showing | 0006| the total number of votes cast for each candidate, if any, and for or | 0007| against each question, if any, and shall include statements of | 0008| canvass, signature rosters, registered voter lists, machine printed | 0009| returns, emergency paper ballots, paper ballots used in lieu of voting | 0010| machines, absentee ballots, absentee ballot registers and absentee | 0011| voter lists or absent voter machine printed returns; | 0012| (7) "emergency paper ballot" means the paper ballot | 0013| used when a voting machine becomes disabled so that a voter is unable | 0014| to cast a vote for all of the candidates and questions of the voter's | 0015| choice and have such vote correctly recorded by the voting machine, | 0016| and when no substitute voting machine is available; | 0017| (8) "precinct" means a portion of a county situated | 0018| entirely in or partly in a municipality which has been designated by | 0019| the county as a precinct for election purposes and which is entitled | 0020| to a polling place and a precinct board. If a precinct includes | 0021| territory both inside and outside the boundaries of a municipality, | 0022| then "precinct", for municipal elections, shall mean only that portion | 0023| of the precinct lying within the boundaries of the municipality; | 0024| (9) "consolidated precinct" means the combination of | 0025| two or more precincts pursuant to the Municipal Election Code; | 0001| (10) "precinct board" means the appointed election | 0002| officials serving a single or consolidated precinct; | 0003| (11) "recheck" pertains to voting machines and means | 0004| a verification procedure where the counter compartment of the voting | 0005| machine is opened and the results of the balloting as shown on the | 0006| counters of the machine are compared with the results shown on the | 0007| official returns; and | 0008| (12) "recount" pertains to emergency paper ballots, | 0009| paper ballots used in lieu of voting machines and absentee ballots and | 0010| means a retabulation and retallying of individual ballots." | 0011| Section 4. Section 3-8-7 NMSA 1978 (being Laws 1965, Chapter | 0012| 300, Section 14-8-5, as amended) is amended to read: | 0013| "3-8-7. MUNICIPAL CLERK--COUNTY CLERK--ELECTION | 0014| DUTIES.-- | 0015| A. The municipal clerk shall: | 0016| (l) administer the municipal election; | 0017| (2) with the consent of the governing body, secure | 0018| the necessary polling places; | 0019| (3) see that all necessary supplies and equipment are | 0020| present at each polling place prior to the opening of the polls on the | 0021| day of the election; | 0022| (4) certify voting machines; | 0023| (5) conduct an election school for precinct board | 0024| members as required in Section 3-8-21 NMSA 1978; | 0025| (6) keep the office of the municipal clerk open on | 0001| election day for the purpose of receiving ballot boxes, election | 0002| returns and materials until all election returns and materials are | 0003| received; and | 0004| (7) within fifteen days of the holding of any | 0005| municipal election, forward to the county clerk a listing of all | 0006| individuals voting in the municipal election. | 0007| B. Within fifteen days of the adoption of the election | 0008| resolution, the municipal clerk shall request in writing from the | 0009| county clerk the registered voter lists and signature rosters | 0010| containing only the qualified electors eligible to vote in the | 0011| municipal election. At least seven days prior to every municipal | 0012| election, the county clerk shall furnish to the municipal clerk the | 0013| registered voter list and signature roster containing only the | 0014| qualified electors eligible to vote in the municipal election. A | 0015| municipal clerk shall not amend, add or delete any information to or | 0016| from the registered voter list except as otherwise provided by law. | 0017| The registered voter list shall constitute the registration list for | 0018| the municipal election. The registered voter list does not have to be | 0019| returned to the county clerk. The municipality shall bear the | 0020| reasonable cost of preparation of the voter lists and signature | 0021| rosters." | 0022| Section 5. Section 3-8-10 NMSA 1978 (being Laws 1985, Chapter | 0023| 208, Section 18) is amended to read: | 0024| "3-8-10. CONSOLIDATION OF PRECINCTS.-- | 0025| A. Any precinct may be combined with one or more adjacent | 0001| and contiguous precincts by the governing body when the municipal | 0002| clerk determines that consolidation is in the best interest of those | 0003| precincts and will not compromise the orderly and efficient conduct of | 0004| the election. | 0005| B. Precincts may be consolidated in any regular or special | 0006| municipal election, including bond elections, except when prohibited | 0007| by law." | 0008| Section 6. Section 3-8-14 NMSA 1978 (being Laws 1985, Chapter | 0009| 208, Section 22, as amended) is amended to read: | 0010| "3-8-14. VOTING MACHINES--ORDERING--PREPARATION--CERTIFICATION-- | 0011| DELIVERY.-- | 0012| A. If voting machines are to be used, the municipal clerk | 0013| shall order the machines from the county clerk within fifteen days of | 0014| the adoption of the election resolution, and the county clerk shall | 0015| supply such voting machines pursuant to Section 1-9-6 NMSA 1978. The | 0016| county shall provide voting machine technicians, voting machine | 0017| programming and voting machine transportation and the municipality | 0018| shall pay the reasonable fee charged by the county for such services | 0019| and the use of the voting machines, but in no case in an amount which | 0020| exceeds the actual cost to the county pursuant to Section 1-9-12 NMSA | 0021| 1978. | 0022| B. If voting machines are to be used, the municipal clerk | 0023| shall order at least one voting machine for every polling place; | 0024| provided that the clerk shall order a sufficient number of voting | 0025| machines to assure that the eligible voters in that polling place | 0001| shall be able to vote in a timely manner. | 0002| C. Programming of electronic machines shall be performed | 0003| under the supervision of the municipal clerk and the county clerk. | 0004| The machines shall be programmed so that votes will be counted in | 0005| accordance with specification for electronic voting machine adopted by | 0006| the secretary of state. | 0007| D. Immediately upon receipt of the notice of date, time and | 0008| place of inspection and certification, the municipal clerk shall post | 0009| such notice in the office of the municipal clerk and attempt to | 0010| telephone the candidates at the phone number listed on the declaration | 0011| of candidacy to give each candidate notice of the date, time and place | 0012| of inspection and certification. | 0013| E. Inspection and certification shall occur not later than | 0014| seven days prior to the election and shall be open to the public. | 0015| F. At the date, time and place for inspection and | 0016| certification, in the presence of the county clerk and those municipal | 0017| candidates present, if any, the municipal clerk shall: | 0018| (1) test each counter for accuracy by casting votes | 0019| upon it until it correctly registers each vote cast; | 0020| (2) test each voting machine to assure that it has | 0021| been correctly programmed; and | 0022| (3) inform the county clerk when each machine is | 0023| satisfactory and ready to be certified. | 0024| G. If the municipal clerk informs the county clerk that a | 0025| machine is satisfactory and ready to be certified, then: | 0001| (1) the county clerk shall reset each counter at | 0002| zero; | 0003| (2) the county clerk shall insert the printer pack | 0004| into the machine; | 0005| (3) the voting machine shall be immediately sealed | 0006| with a numbered metal seal so as to prevent operation of the machine | 0007| or its registering counters without breaking the seal; | 0008| (4) the municipal clerk shall prepare a certificate | 0009| in triplicate for each machine that shall: | 0010| (a) show the serial number of the voting | 0011| machine; | 0012| (b) state that the voting machine has all of its | 0013| resettable registering counters set at zero; | 0014| (c) state that the machine has been tested by | 0015| voting on each registered counter to prove the counter is in perfect | 0016| condition; | 0017| (d) show the number of the metal seal that has | 0018| sealed the machine; and | 0019| (e) show the number registered on the protective | 0020| counter; | 0021| (5) a copy of the certificate shall be delivered to | 0022| the county clerk, the original certificate shall be filed in the | 0023| office of the municipal clerk and one copy shall be posted on the | 0024| voting machine; and | 0025| (6) if the voting machine requires keys, the keys to | 0001| the voting machine shall be enclosed in a sealed envelope on which | 0002| shall be written: | 0003| (a) the number of the precinct and polling place | 0004| to which the machine is assigned; | 0005| (b) the serial number of that voting machine; | 0006| (c) the number of the metal seal that has sealed | 0007| the voting machine; | 0008| (d) the number registered on the protective | 0009| counter; and | 0010| (e) across the seal of the envelope, the | 0011| signatures of the county clerk, the municipal clerk and all candidates | 0012| present, if any, at the inspection and certification. | 0013| H. After certification of the voting machines, if the | 0014| voting machines require keys, the county clerk shall keep the keys to | 0015| the voting machines in his custody and shall deliver the keys to the | 0016| municipal clerk when the voting machines are delivered for election. | 0017| The municipal clerk shall secure in the office of the municipal clerk | 0018| all the envelopes containing the keys to the voting machines until | 0019| delivered to the presiding judge of the election. | 0020| I. An objection to the use of a particular voting machine | 0021| shall be filed in the district court within two days after the machine | 0022| has been certified. Any objection so filed shall specify the number | 0023| of the voting machine objected to and the reason for the objection. | 0024| Each voting machine shall be conclusively presumed to be properly | 0025| prepared for the election if it has been certified, unless a timely | 0001| objection has been filed. | 0002| J. Voting machines certified in accordance with this | 0003| section shall be delivered to the assigned precinct polling place no | 0004| earlier than five days prior to the election and no later than noon on | 0005| the day prior to the election. | 0006| K. The municipal clerk shall refuse to certify any voting | 0007| machine that the municipal clerk determines is not programmed | 0008| properly, is not working properly or will not fairly or accurately | 0009| record votes. Only voting machines that have been certified by the | 0010| municipal clerk shall be used in the election." | 0011| Section 7. Section 3-8-16 NMSA 1978 (being Laws 1985, Chapter | 0012| 208, Section 24) is amended to read: | 0013| "3-8-16. PAPER BALLOTS IN LIEU OF VOTING MACHINES--EMERGENCY | 0014| PAPER BALLOTS--FORM--GENERAL REQUIREMENTS.--As used in this section, | 0015| "paper ballots" means paper ballots used in lieu of voting machines | 0016| and emergency paper ballots. Paper ballots shall be in the form | 0017| prescribed by the municipal clerk, which shall conform to the fol- | 0018| | 0019| lowing rules. | 0020| A. Paper ballots shall: | 0021| (1) be numbered consecutively beginning with number | 0022| one. The number shall be printed in the upper right-hand corner of | 0023| the ballot with a diagonal perforated line appropriately placed so | 0024| that the portion of the ballot bearing the number in the upper right- | 0025| hand corner may be readily and easily detached from the ballot; | 0001| (2) be uniform in size; | 0002| (3) be printed on good quality paper; | 0003| (4) be printed in plain black type; | 0004| (5) have all words and phrases printed correctly and | 0005| in their proper places; and | 0006| (6) have district and precinct, if applicable. | 0007| B. The following heading shall be printed on each paper | 0008| ballot used in all municipal elections: | 0009| "OFFICIAL ELECTION BALLOT | 0010| Election held . . . . . . . . . . (insert date)". | 0011| C. If the election is a regular municipal election, then | 0012| the paper ballot shall be prepared consistent with the requirements of | 0013| Section 3-8-29 NMSA 1978. In addition, next to each candidate's name | 0014| shall appear an empty box to be used when voting for that candidate. | 0015| Where space is allowed on a paper ballot for entering the name of a | 0016| declared write-in candidate, that space shall be clearly designated by | 0017| the use of the heading "Write-in Candidate". Below the heading shall | 0018| appear one line, with a box to the right of the line, for each | 0019| individual office holder to be elected. Below the last candidate's | 0020| name shall appear any question presented, in the order designated by | 0021| the governing body. | 0022| D. If the election is a special municipal election, then | 0023| questions presented shall be placed on the paper ballot in the order | 0024| designated by the governing body. | 0025| E. Next to each question presented on a paper ballot shall | 0001| appear two empty boxes, one labeled "FOR" and the other labeled | 0002| "AGAINST". | 0003| F. At the bottom of all paper ballots shall be printed: | 0004| "OFFICIAL ELECTION BALLOT", followed by a facsimile signature of the | 0005| municipal clerk." | 0006| Section 8. Section 3-8-19 NMSA 1978 (being Laws 1971, Chapter | 0007| 306, Section 8, as amended) is amended to read: | 0008| "3-8-19. PRECINCT BOARDS--APPOINTMENTS--COMPENSATION.-- | 0009| A. In order to qualify as a member of the precinct board, a | 0010| person shall: | 0011| (1) be a resident qualified elector of the munici- | 0012| | 0013| pality and a resident of the precinct or consolidated precinct within | 0014| the jurisdiction of the precinct board. However, if there is a | 0015| shortage or absence of precinct board members in certain precincts or | 0016| consolidated precincts, then a person who is a resident qualified | 0017| elector of the municipality and a nonresident of the precinct or | 0018| consolidated precinct may be appointed; | 0019| (2) be able to read and write; | 0020| (3) have the necessary capacity to carry out the | 0021| functions of the office with acceptable skill and dispatch; and | 0022| (4) execute the precinct board member's oath of | 0023| office. | 0024| B. No person shall be qualifed for appointment or service | 0025| on a precinct board if that person is a: | 0001| (1) candidate for any municipal office; | 0002| (2) spouse, parent, child, brother or sister of any | 0003| candidate to be voted for at the election; | 0004| (3) sheriff, deputy sheriff, marshal, deputy marshal, | 0005| state or municipal policeman; | 0006| (4) spouse, parent, child, brother or sister of the | 0007| municipal clerk or any deputy or assistant municipal clerk; or | 0008| (5) municipal clerk or deputy or assistant municipal | 0009| clerk. | 0010| C. Not less than thirty-five days before the day of the mu- | 0011| | 0012| nicipal election, the governing body shall appoint a precinct board | 0013| for each polling place. The precinct board shall consist of no fewer | 0014| than three and no more than five members. Each board shall have no | 0015| fewer than three election judges and no fewer than two election | 0016| clerks. Election judges may also be appointed as election clerks. | 0017| Not less than two alternates shall be appointed who shall become | 0018| either election judges or election clerks or both as the need arises. | 0019| On the thirty-fifth day before the day of the election, the municipal | 0020| clerk shall post and maintain in the clerk's office until the day of | 0021| the election the names of the election judges, election clerks and | 0022| alternates for each polling place. The posting of the names of the | 0023| election judges, election clerks and alternates for each polling place | 0024| may be proved by an affidavit signed by the municipal clerk. The | 0025| municipal clerk shall, by mail, notify each person appointed, request | 0001| a written acceptance and keep a record of all notifications and | 0002| acceptances. The notice shall state the date by which the person must | 0003| accept the appointment. If any person appointed to a precinct board, | 0004| or as an alternate, fails to accept an appointment within seven days | 0005| after the notice is sent, the position shall be deemed vacant and the | 0006| position shall be filled as provided in this section. | 0007| D. The county clerk shall furnish upon request of the | 0008| municipal clerk the names and addresses of qualified precinct board | 0009| members for general elections, and such precinct board members may be | 0010| appointed as precinct board members for municipal elections. | 0011| E. The municipal clerk shall appoint a qualified elector as | 0012| a precinct board member to fill any vacancy which may occur between | 0013| the day when the list of precinct board members is posted and the day | 0014| of the election. If a vacancy occurs on the day of the election, the | 0015| precinct board members present at the polling place may appoint by a | 0016| majority vote a qualified elector to fill the vacancy. If the vacancy | 0017| was filled after the date of the election school, then that person | 0018| need not attend an election school in order to validly serve on the | 0019| precinct board. | 0020| F. Members of a precinct board shall be compensated for | 0021| their services at the rate provided in Section 1-2-16 NMSA 1978 for | 0022| the day of the election. The governing body may authorize payment to | 0023| alternates who are required by the precinct board or municipal clerk | 0024| to stand by on election day at the rate of not more than twenty | 0025| dollars ($20.00) for the day of the election. | 0001| G. Compensation shall be paid within thirty days following | 0002| the date of election." | 0003| Section 9. Section 3-8-26 NMSA 1978 (being Laws 1965, Chapter | 0004| 300, Section 14-8-4, as amended) is amended to read: | 0005| "3-8-26. REGULAR MUNICIPAL ELECTION--PUBLICATION OF RESOLUTION-- | 0006| CHOICE OF BALLOTS OR VOTING MACHINES.-- | 0007| A. Not earlier than one hundred and twelve days or later | 0008| than eighty-four days prior to the date of a regular municipal elec- | 0009| | 0010| tion, the governing body shall adopt an election resolution calling | 0011| for the regular municipal election. The election resolution shall be | 0012| published in both English and Spanish and once within fifteen days of | 0013| adoption and again not less than sixty days prior to the election or | 0014| more than seventy-five days prior to the election, as provided in | 0015| Subsection J of Section 3-1-2 NMSA 1978. In addition, the election | 0016| resolution shall be posted in the office of the municipal clerk within | 0017| twenty-four hours from the date of adoption until the date of the | 0018| election. For information purposes and coordination, one copy of the | 0019| election resolution shall be mailed within fifteen days of adoption to | 0020| the secretary of state and the county clerk of the county in which the | 0021| municipality is located. | 0022| B. The resolution shall state the date when the election | 0023| will be held, the offices to be filled, the questions to be submitted | 0024| to the voters, the date and time of the closing of the registration | 0025| books by the county clerk as required by law, the date and time for | 0001| filing the declaration of candidacy, the location of polling places | 0002| and the consolidation of precincts, if any, notwithstanding any | 0003| conflicting provisions of Section 1-3-5 NMSA 1978. Any question to be | 0004| submitted to the voters in addition to the election of municipal offi- | 0005| | 0006| cers may be included in the election resolution, but such inclusion | 0007| shall not substitute for any additional or separate resolution or | 0008| publication thereof as required by law. | 0009| C. In those municipalities allowed by law to use paper bal- | 0010| | 0011| lots, the election resolution shall also state whether paper ballots | 0012| or voting machines will be used in the election." | 0013| Section 10. Section 3-8-27 NMSA 1978 (being Laws 1965, Chapter | 0014| 300, Section 14-8-8, as amended) is amended to read: | 0015| "3-8-27. REGULAR MUNICIPAL ELECTION--DECLARATION OF CANDIDACY-- | 0016| WITHDRAWING NAME FROM BALLOT--PENALTY FOR FALSE STATEMENT.-- | 0017| A. Candidate filing day shall be between the hours of 8:00 | 0018| a.m. and 5:00 p.m. on the fifty-sixth day preceding the day of elec- | 0019| | 0020| tion. On candidate filing day, a candidate for municipal office shall | 0021| personally appear at the office of the municipal clerk to file all | 0022| documents required by law in order to cause a person to be certified | 0023| as a candidate. Alternatively, on candidate filing day, a person | 0024| acting solely on the candidate's behalf, by virtue of a written | 0025| affidavit of authorization signed by the candidate, notarized and | 0001| presented to the municipal clerk by such person, shall file in the | 0002| office of the municipal clerk all documents required by law in order | 0003| to cause a person to be certified as a candidate. | 0004| B. On candidate filing day, each candidate shall cause to | 0005| be filed in the office of the municipal clerk a declaration of | 0006| candidacy and a certified copy of the candidate's current affidavit of | 0007| voter registration on file with the county clerk which has been | 0008| certified by the office of the county clerk on a date not earlier than | 0009| the adoption of the election resolution. | 0010| C. All candidates shall cause their affidavits of voter | 0011| registration to show their address as a street address or rural route | 0012| number and not as a post office box. | 0013| D. The municipal clerk shall provide a form for the | 0014| declaration of candidacy and shall accept only those declarations of | 0015| candidacy which contain: | 0016| (1) the identical name and the identical resident | 0017| street address as shown on the affidavit of registration of the | 0018| candidate submitted with the declaration of candidacy; | 0019| (2) the office and term to which the candidate seeks | 0020| election and district designation, if appropriate; | 0021| (3) a statement that the candidate is eligible and | 0022| legally qualified to hold the office for which the candidate is | 0023| filing; | 0024| (4) a statement that the candidate has not been | 0025| convicted of a felony or, if the candidate has been convicted of a | 0001| felony, a statement that the candidate's elective franchise has been | 0002| restored; | 0003| (5) a statement that the candidate or the candidate's | 0004| authorized representative shall personally appear at the office of the | 0005| municipal clerk during normal business hours on the fifty-fourth day | 0006| before the election to ascertain whether the municipal clerk has | 0007| certified the declaration of candidacy as valid; | 0008| (6) a telephone number at which the candidate or the | 0009| candidate's authorized representative can be reached for purposes of | 0010| giving telephone notice; | 0011| (7) a statement to the effect that the declaration of | 0012| candidacy is an affidavit under oath and that any false statement | 0013| knowingly made therein constitutes a fourth degree felony under the | 0014| laws of New Mexico; and | 0015| (8) the notarized signature of the candidate on the | 0016| declaration of candidacy. | 0017| E. The municipal clerk shall not accept a declaration of | 0018| candidacy for more than one municipal elected office per candidate, so | 0019| that each candidate declares for only one municipal elected office. | 0020| F. Once filed, the declaration of candidacy is a public | 0021| record. | 0022| G. Not later than the fifty-fifth day preceding the day of | 0023| the election, the municipal clerk shall determine whether the | 0024| declaration of candidacy shall be certified. In order to be certified | 0025| as a candidate, the documents submitted to the municipal clerk shall | 0001| prove that the individual is a qualified elector as defined in | 0002| Subsection K of Section 3-1-2 NMSA 1978 and, if appropriate, that the | 0003| individual resides in and is registered to vote in the municipal | 0004| election district from which the individual seeks election. In the | 0005| event that an individual fails to submit to the municipal clerk on | 0006| candidate filing day the documents listed in Subsection B of this | 0007| section in the form and with the contents as required by this section, | 0008| then the municipal clerk shall not certify that individual as a | 0009| candidate for municipal office. | 0010| H. The municipal clerk shall post in the clerk's office a | 0011| list of the names of those individuals who have been certified as | 0012| candidates. The municipal clerk shall also post in the clerk's office | 0013| the names of those individuals who have not been certified as | 0014| candidates, along with all the reasons therefor. Such posting shall | 0015| occur no later than 9:00 a.m. on the fifty-fourth day preceding the | 0016| election. | 0017| I. Not later than 5:00 p.m. on the forty-ninth day before | 0018| the day of the election, a candidate for municipal office may file an | 0019| affidavit on the form provided by the municipal clerk in the office of | 0020| the municipal clerk stating that he is no longer a candidate for | 0021| municipal office. A municipal clerk shall not place on the ballot the | 0022| name of any person who has filed an affidavit as provided in this | 0023| subsection. | 0024| J. Not later than 10:00 a.m. on the forty-eighth day | 0025| preceding the election, the municipal clerk shall confirm with the | 0001| printer on contract with the municipality and the county clerk the | 0002| names of the candidates and their position on the ballot. | 0003| K. Any person knowingly making a false statement in the | 0004| declaration of candidacy is guilty of a fourth degree felony. | 0005| L. No person shall be elected to municipal office as a | 0006| write-in candidate unless that person has been certified as a declared | 0007| write-in candidate by the municipal clerk, as follows: | 0008| (1) write-in candidates filing day shall be on the | 0009| forty-second day preceding the election between the hours of 8:00 a.m. | 0010| and 5:00 p.m.; | 0011| (2) write-in candidates shall file a declaration of | 0012| write-in candidacy with the same documents and satisfy the same | 0013| requirements as established in this section for candidates; | 0014| (3) the municipal clerk shall, on the forty-first day | 0015| preceding the election, certify those individuals who have satisfied | 0016| the requirements of this section as declared write-in candidates; | 0017| (4) not later than 9:00 a.m. on the fortieth day | 0018| preceding the election, the municipal clerk shall, in the office of | 0019| the municipal clerk: | 0020| (a) post the names of those individuals who have | 0021| been certified as declared write-in candidates; and | 0022| (b) post the names of those individuals who have | 0023| not been certified as declared write-in candidates along with the | 0024| reasons therefor; and | 0025| (5) not later than 5:00 p.m. on the twenty-eighth day | 0001| preceding the election, a declared write-in candidate may file an | 0002| affidavit that he is no longer a write-in candidate for municipal | 0003| office. In the event that a declared write-in candidate files such an | 0004| affidavit of withdrawal, any votes for such a candidate shall not be | 0005| counted and canvassed." | 0006| Section 11. Section 3-8-40 NMSA 1978 (being Laws 1985, Chapter | 0007| 208, Section 48, as amended) is amended to read: | 0008| "3-8-40. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO VOTE-- | 0009| CERTIFICATE VOTING--FRAUDULENT AND DOUBLE VOTING.-- | 0010| A. No person shall vote in a municipal special or regular | 0011| election unless that person is a qualified elector and he has appeared | 0012| to vote at the polling place in the precinct or consolidated precinct | 0013| which encompasses his place of residence as shown on the signature | 0014| roster. | 0015| B. No person shall vote whose name and affidavit of | 0016| registration number appears on the list of voters purged from the | 0017| rolls unless that person has again completed an affidavit of | 0018| registration and his name also appears on the signature roster. | 0019| C. Notwithstanding the provisions of Subsections A and B of | 0020| this section, a person shall be permitted to vote even though that | 0021| person's name cannot be found in the signature roster, provided: | 0022| (1) his residence is within the boundaries of the | 0023| municipality and within the boundaries of the precinct in which he | 0024| offers to vote; | 0025| (2) his name is not on the purged list or his name | 0001| has been incorrectly placed on the purged list; | 0002| (3) his name is not on the list of persons having | 0003| been issued absentee ballots; | 0004| (4) he presents a certificate bearing the seal and | 0005| signature of the county clerk stating that his duplicate affidavit of | 0006| registration is on file at the county clerk's office, that he has not | 0007| been purged and that he shall be permitted to vote in the precinct and | 0008| election specified therein, provided that such authorization shall not | 0009| be given orally by the county clerk; and | 0010| (5) he executes a statement swearing or affirming to | 0011| the best of his knowledge that he is a qualified elector resident of | 0012| the municipality, currently registered and eligible to vote in that | 0013| precinct and has not cast a ballot or voted in the election. | 0014| D. Upon compliance with the requirements of Subsection C of | 0015| this section, the election judge shall cause the election clerks to: | 0016| (1) write the person's name and address, as shown on | 0017| the certificate, in the signature roster under the heading for name | 0018| and address in the first blank space immediately below the last name | 0019| and address appearing in the signature roster; | 0020| (2) insert the person's ballot number or voter number | 0021| as shown on the public counter of the voting machine on the | 0022| certificate and on his executed sworn statement; | 0023| (3) retain the completed certificate and the executed | 0024| sworn statement, which shall be returned to the municipal clerk with | 0025| the election returns; and | 0001| (4) comply with all relevant requirements of Section | 0002| 3-8-41 NMSA 1978. | 0003| E. After canvass, the municipal clerk shall in writing | 0004| notify the county clerk of the names of all individuals voting on | 0005| triplicate affidavits of registration or certificates. | 0006| F. A person who knowingly executes a false statement | 0007| required by Paragraph (5) of Subsection C of this section is guilty of | 0008| perjury as provided in the Criminal Code of this state, and voting on | 0009| the basis of such falsely executed statement constitutes fraudulent | 0010| voting. | 0011| G. A person not entitled to vote who fraudulently votes or | 0012| a person who votes or offers to vote more than once at any election is | 0013| guilty of a fourth degree felony." | 0014| Section 12. Section 3-8-43 NMSA 1978 (being Laws 1985, Chapter | 0015| 208, Section 51, as amended) is amended to read: | 0016| "3-8-43. CONDUCT OF ELECTION--CHALLENGES--REQUIRED CHALLENGES-- | 0017| ENTRIES--DISPOSITION.-- | 0018| A. A challenge may be interposed by a member of the | 0019| precinct board or by a challenger for the following reasons, which | 0020| shall be stated in an audible tone by the person making the challenge: | 0021| (1) the person offering to vote is not registered; | 0022| (2) the person offering to vote is listed on the | 0023| purge list or is listed among those persons in the precinct to whom an | 0024| absentee ballot was issued; | 0025| (3) the person offering to vote is not a qualified | 0001| elector; | 0002| (4) the person offering to vote is not listed on the | 0003| signature roster or voter registration list; | 0004| (5) in the case of an absentee ballot, if the | 0005| official mailing envelope containing an absentee ballot has been | 0006| opened prior to delivery of absentee ballots to the absent voter | 0007| precinct board; or | 0008| (6) the person offering to vote is a qualified | 0009| elector of the municipality but does not reside in the district where | 0010| he is offering to vote. | 0011| B. When a person has offered to vote and a challenge is | 0012| interposed and the person's name appears in the signature roster or | 0013| his name has been entered in the signature roster pursuant to | 0014| Subsection D of Section 3-8-40 NMSA 1978, the election clerk shall | 0015| write the word "challenged" above the person's signature in the | 0016| signature roster. | 0017| (1) If the challenge is unanimously affirmed by the | 0018| election judges, then: | 0019| (a) the election clerk shall write the word | 0020| "affirmed" above the person's signature next to the challenge notation | 0021| in the signature roster; | 0022| (b) the person shall nevertheless be furnished a | 0023| paper ballot, whether or not voting machines are being used at the | 0024| polling place, and the election clerk shall write the number of the | 0025| ballot so furnished next to the person's signature in the signature | 0001| roster; | 0002| (c) the person shall be allowed to mark and | 0003| prepare the ballot. He shall return the paper ballot to an election | 0004| judge who shall announce the person's name in an audible tone and in | 0005| his presence place the challenged ballot in an envelope marked | 0006| "rejected", which shall be sealed and the person's name shall be | 0007| written on such envelope; and | 0008| (d) the envelope containing the rejected ballot | 0009| shall then be deposited in the ballot box and shall not be counted. | 0010| (2) If the challenge is not unanimously affirmed by | 0011| the election judges, then: | 0012| (a) the election clerks shall write the words | 0013| "not affirmed" above the person's signature next to the challenge | 0014| notation in the signature roster; and | 0015| (b) the person shall be allowed to vote in the | 0016| manner allowed by law as if the challenge had not been interposed. | 0017| C. A required challenge shall be interposed by the precinct | 0018| board when a person attempts to offer himself to vote and demands to | 0019| vote and his name does not appear on the signature roster and cannot | 0020| be entered pursuant to Subsection D of Section 3-8-40 NMSA 1978. A | 0021| required challenge shall be interposed by the precinct board as | 0022| follows: | 0023| (1) the election judge shall cause the election | 0024| clerks to enter the person's name and address under the heading "name | 0025| and address" in the signature roster in the first blank space | 0001| immediately below the last name and address that appears in the | 0002| signature roster; | 0003| (2) the election clerk shall immediately write the | 0004| words "required challenge" above the space provided for the person's | 0005| signature in the signature roster; | 0006| (3) the person shall sign his name in the signature | 0007| roster; | 0008| (4) the person shall nevertheless be furnished a | 0009| paper ballot, whether or not voting machines are being used at the | 0010| polling place, and the election clerk shall write the number of the | 0011| ballot so furnished next to the person's signature in the signature | 0012| roster; and | 0013| (5) the person shall be allowed to mark and prepare | 0014| the ballot. He shall return the paper ballot to an election judge who | 0015| shall announce his name in an audible tone and in his presence place | 0016| the required challenge ballot in an envelope marked "rejected-- | 0017| required challenge" which shall be sealed. The person's name shall be | 0018| written on the envelope and the envelope containing the rejected | 0019| ballot shall then be deposited in the ballot box and shall not be | 0020| counted." | 0021| Section 13. Section 3-8-47 NMSA 1978 (being Laws 1985, Chapter | 0022| 208, Section 55) is amended to read: | 0023| "3-8-47. CONDUCT OF ELECTIONS--DISPOSITION OF SIGNATURE ROSTER-- | 0024| MACHINE-PRINTED RETURNS--BALLOT BOXES--ELECTION RETURN CERTIFICATE-- | 0025| AFFIDAVITS--AND OTHER ELECTION MATERIALS.-- | 0001| A. After all certificates have been executed, the precinct | 0002| board shall place one copy of the signature roster and one copy of the | 0003| machine-printed returns in the stamped, addressed envelope provided | 0004| for that purpose by the municipal clerk and immediately mail it to the | 0005| district court. | 0006| B. The following election returns and materials shall not | 0007| be placed in the ballot box and shall be returned by the precinct | 0008| board to the municipal clerk in the envelope provided by the municipal | 0009| clerk for such purpose: | 0010| (1) all ballot box keys; | 0011| (2) one signature roster; | 0012| (3) one voter registration list; | 0013| (4) the election returns certificate; | 0014| (5) one copy of the machine-printed returns; | 0015| (6) a machine cartridge for any electronic; | 0016| (7) voting machine permits; and | 0017| (8) all unused election supplies. | 0018| C. The locked ballot box containing any paper ballot cast | 0019| in the election, election returns and all material listed in | 0020| Subsection B of this section shall be returned by the precinct board | 0021| to the municipal clerk within twenty-four hours after the polls close. | 0022| D. After receipt of ballot boxes and election returns and | 0023| materials but not later than twenty-four hours after the polls close, | 0024| the municipal clerk shall ascertain whether the locked ballot box and | 0025| all the election returns and materials enumerated in Subsection B of | 0001| this section have been returned to the municipal clerk as provided in | 0002| Subsection C of this section. If the locked ballot box or all such | 0003| election returns and materials are not timely returned by each | 0004| precinct board, then the municipal clerk shall immediately issue a | 0005| summons requiring the delinquent precinct board to appear and produce | 0006| the missing ballot box or election returns or materials within twenty- | 0007| four hours. The summons shall be served by a sheriff or state police | 0008| officer without cost to the municipality, and the members of the | 0009| precinct board shall not be paid for their service on election day | 0010| unless the delay was unavoidable. If delivery pursuant to the summons | 0011| is not timely made, then the vote in the precinct shall not be | 0012| canvassed or made a part of the final election results except upon | 0013| order of the district court after finding that the delay in the | 0014| delivery of materials was due to forces beyond the control of the | 0015| precinct board. | 0016| E. Once the ballot box is locked, it shall not be opened | 0017| prior to canvassing by the municipal clerk." | 0018| Section 14. Section 3-8-48 NMSA 1978 (being Laws 1985, Chapter | 0019| 208, Section 56) is amended to read: | 0020| "3-8-48. CONDUCT OF ELECTIONS--EMERGENCY PAPER BALLOTS--PAPER | 0021| BALLOTS--ONE TO A VOTER--RECEIPT OR DELIVERY--OCCUPATION OF VOTING | 0022| MACHINES.-- | 0023| A. Only one emergency paper ballot or paper ballot shall be | 0024| given to each qualified elector entitled to vote. The ballots shall | 0025| be delivered to qualified electors entitled to vote in consecutive | 0001| order, beginning with the lowest numbered ballot. | 0002| B. No qualified elector entitled to vote shall receive a | 0003| ballot from any person other than from an election judge at the | 0004| polling place where the person is authorized to vote. No person other | 0005| than an election judge shall deliver a ballot to any qualified elector | 0006| entitled to vote. | 0007| C. Unless otherwise provided by law, when voting machines | 0008| are used as voting booths to mark emergency paper ballots, they shall | 0009| not be occupied by more than one person at a time. A person shall not | 0010| remain in or occupy such voting machine longer than is necessary to | 0011| mark and prepare his emergency paper ballot, which shall not exceed | 0012| five minutes. | 0013| D. The ballot shall be used and completed in the manner | 0014| prescribed in Section 1-12-25.1 NMSA 1978 and returned to the | 0015| presiding judge who shall place it in a locked ballot box to be | 0016| counted when the machine is repaired or replaced or at the time the | 0017| polls close. Counting and handling marksense ballots in emergency | 0018| situations shall be done as prescribed for emergency paper ballots." | 0019| Section 15. Section 3-8-55 NMSA 1978 (being Laws 1985, Chapter | 0020| 208, Section 63) is amended to read: | 0021| "3-8-55. POST-ELECTION DUTIES--CANVASS--DEFECTIVE RETURNS-- | 0022| CORRECTION.-- | 0023| A. The municipal clerk shall immediately issue a summons | 0024| directed to the precinct board, commanding it to appear and make the | 0025| necessary corrections or supply omissions or any missing election | 0001| returns if: | 0002| (1) it appears on the face of the election returns | 0003| that any certificate has not been properly executed; | 0004| (2) it appears that there is a discrepancy within the | 0005| election returns; | 0006| (3) it appears that there is a discrepancy between | 0007| the number of votes set forth in the certificate for all candidates | 0008| and the number of electors voting as shown by the election returns; | 0009| (4) it appears that there is any omission, | 0010| informality, ambiguity, error or uncertainty on the face of the | 0011| returns; or | 0012| (5) it appears that there are missing election | 0013| returns. | 0014| B. If any member or members of the precinct board fail to | 0015| appear as required, the municipal clerk shall immediately issue a | 0016| summons commanding them to appear. The summons shall be served by a | 0017| sheriff or state police officer as in the manner of civil cases, and | 0018| for each service a sheriff or state police officer shall be allowed | 0019| the same mileage as is paid in civil cases. | 0020| C. After issuing the necessary notifications or summonses, | 0021| the canvass of all correct election returns shall proceed." | 0022| Section 16. Section 3-8-71 NMSA 1978 (being Laws 1985, Chapter | 0023| 208, Section 79, as amended) is amended to read: | 0024| "3-8-71. PRESERVATION OF ELECTION INFORMATION.-- | 0025| A. The municipal clerk shall retain for two years after | 0001| each municipal election: | 0002| (1) the absentee ballot register and ballots, | 0003| application for absentee ballots, absentee voter lists and affidavits | 0004| of destruction; | 0005| (2) the signature roster and registered voter list; | 0006| (3) the machine-printed returns; | 0007| (4) oaths of office of the precinct board; | 0008| (5) the declarations of candidacy and withdrawals; | 0009| (6) election resolution; | 0010| (7) proof of all publications; | 0011| (8) copies of all election material required to be | 0012| published or posted; | 0013| (9) copies of all sample ballots and ballot labels; | 0014| (10) voting machine permits; | 0015| (11) affidavits of triplicate voter registration or | 0016| certificates submitted by voters; | 0017| (12) copies of all affidavits and certificates | 0018| prepared in connection with the election; | 0019| (13) certificates of canvass and amended certificates | 0020| of canvass, if any; | 0021| (14) all results of recounts, rechecks, contests and | 0022| recanvass; and | 0023| (15) all other significant election materials. | 0024| B. The district court shall retain for forty-five days | 0025| after each municipal election all election materials sent by the | 0001| precinct board. Thereafter, the material may be destroyed unless | 0002| needed by the court in connection with a contest or other case or | 0003| controversy. | 0004| C. The municipal clerk shall destroy election records two | 0005| years after the election by shredding, burning or otherwise | 0006| destroying." | 0007| Section 17. Section 3-8-77 NMSA 1978 (being Laws 1985, Chapter | 0008| 208, Section 85) is amended to read: | 0009| "3-8-77. ELECTIONEERING TOO CLOSE TO POLLING PLACE--OBSTRUCTING | 0010| POLLING PLACE--DISTURBING POLLING PLACE--PENALTY.-- | 0011| A. Electioneering too close to the polling place consists | 0012| of any form of campaigning on election day within one hundred feet of | 0013| the building in which the polling place is located and includes but is | 0014| not limited to the display of signs, bumper stickers or distribution | 0015| of campaign literature. | 0016| B. A person who commits electioneering too close to the | 0017| polling place is guilty of a petty misdemeanor. | 0018| C. Obstructing the polling place consists of: | 0019| (1) approaching nearer than fifty feet from any | 0020| polling place during the conduct of the election with the intention of | 0021| knowingly interfering with the legal conduct of the election; or | 0022| (2) willfully blocking an entrance to the polling | 0023| place so as to prevent free ingress and egress. | 0024| D. A person who obstructs the polling place is guilty of a | 0025| petty misdemeanor. | 0001| E. Disturbing the polling place consists of doing one or | 0002| more of the following acts in the building in which the polling place | 0003| is located or outside the building in which the polling place is | 0004| located on election day: | 0005| (1) any act which knowingly interferes with or | 0006| impedes the legal conduct of the election or the legal performance of | 0007| any election official's duties or any act which unintentionally causes | 0008| such result if such act is continued after an election judge orders a | 0009| person to cease and desist such activity; or | 0010| (2) any act which knowingly interferes with or | 0011| impedes a person's right to cast a vote in quiet, secret and orderly | 0012| surroundings or any act which unintentionally causes such result if | 0013| such act is continued after an election judge orders a person to cease | 0014| and desist such activity. | 0015| F. A person who disturbs the polling place is guilty of a | 0016| petty misdemeanor." | 0017| Section 18. Section 3-8-78 NMSA 1978 (being Laws 1985, Chapter | 0018| 208, Section 86) is amended to read: | 0019| "3-8-78. COERCION OF EMPLOYEES--PERMITTING PRISONERS TO VOTE-- | 0020| MALFEASANCE BY MESSENGERS--UNLAWFUL USE OR POSSESSION OF LIQUOR OR | 0021| ILLEGAL DRUGS--PENALTY.-- | 0022| A. Coercion of employees consists of any officer or agent | 0023| of any corporation, company or association or any person having | 0024| supervision over or employing persons entitled to vote at any election | 0025| directly or indirectly discharging or penalizing or threatening to | 0001| discharge or penalize such employee because of the employee's opinions | 0002| or beliefs or because of such employee's intention to vote or to | 0003| refrain from voting for any candidate or for or against any question. | 0004| B. A person who commits coercion of employees is guilty of | 0005| a fourth degree felony. | 0006| C. Permitting prisoners to vote consists of any person who | 0007| has custody of convicts or prisoners taking such convicts or prisoners | 0008| or permitting them to be taken to any polling place for the purpose of | 0009| voting in any election. | 0010| D. A person who permits prisoners to vote is guilty of a | 0011| petty misdemeanor and shall be punished by a fine of not less than one | 0012| hundred dollars ($100) nor more than five hundred dollars ($500), or | 0013| by imprisonment for not less than thirty days nor more than ninety | 0014| days, or both. | 0015| E. Subsection C and Subsection D of this section do not | 0016| prohibit permitting prisoners who are legally qualified to vote to | 0017| cast an absentee ballot pursuant to the provisions of the Municipal | 0018| Election Code. | 0019| F. Malfeasance by messengers consists of the willful delay | 0020| or failure of any official messenger to convey or deliver election | 0021| supplies to the precinct board or municipal clerk, the willful delay | 0022| or failure of any official messenger to convey or deliver the ballot | 0023| box, key, election returns or other election materials, documents or | 0024| supplies to the municipal clerk or precinct board or the willful delay | 0025| or failure of any official messenger to perform as required by any | 0001| precinct board member or the municipal clerk who makes a legal demand. | 0002| G. Any messenger committing such malfeasance is guilty of a | 0003| petty misdemeanor. | 0004| H. Unlawful use or possession of alcoholic liquor or | 0005| illegal drugs consists of the use or possession of any alcoholic | 0006| liquor or illegal drug by any member of the precinct board, | 0007| challengers, watchers or the municipal clerk prior to or while | 0008| performing official duties on election day. Unlawful use or | 0009| possession also consists of the use, possession or carrying of | 0010| alcoholic liquor or illegal drugs within two hundred feet of the | 0011| polling place during any election. | 0012| I. A person who commits unlawful possession of alcoholic | 0013| liquor or illegal drugs is guilty of a petty misdemeanor." | 0014| Section 19. Section 3-9-6 NMSA 1978 (being Laws 1973, Chapter | 0015| 375, Section 7, as amended) is amended to read: | 0016| "3-9-6. FORM OF ABSENTEE BALLOT--FORM OF ABSENTEE BALLOT | 0017| ENVELOPES.-- | 0018| A. The form of the absentee ballot shall be, as nearly as | 0019| practicable, in the same form as prescribed by the municipal clerk for | 0020| emergency paper ballots or paper ballots used in lieu of voting | 0021| machines. However, to reduce weight and bulk for transport of | 0022| absentee ballots, the size and weight of the paper for envelopes, | 0023| ballots and instructions shall be reduced as much as is practicable. | 0024| The ballots shall provide for sequential numbering. | 0025| B. Absentee ballots and envelopes shall be delivered by the | 0001| printer to the municipal clerk not later than thirty-five days prior | 0002| to the date of the election to be held. | 0003| C. The municipal clerk shall prescribe the form of: | 0004| (1) official inner envelopes for use in sealing the | 0005| completed absentee ballot; | 0006| (2) official mailing envelopes for use in returning | 0007| the official inner envelope to the municipal clerk; | 0008| (3) absentee ballot instructions, describing proper | 0009| methods for completion of the ballot and returning it; and | 0010| (4) official transmittal envelopes for use by the | 0011| municipal clerk in mailing absentee ballot materials. | 0012| D. Official transmittal envelopes and official mailing | 0013| envelopes for transmission of absentee ballot materials to and from | 0014| the municipal clerk and federal voters and federal qualified electors | 0015| shall be printed in red in the form prescribed by postal regulations | 0016| and the Federal Voting Assistance Act of 1955. Official transmittal | 0017| envelopes and official mailing envelopes for transmission of absentee | 0018| ballot materials to and from the municipal clerk shall be printed in | 0019| green in substantially similar form. All official inner envelopes | 0020| shall be printed in green. | 0021| E. The reverse of each official mailing envelope shall | 0022| contain a form to be signed by the person completing the absentee | 0023| ballot. The form shall identify the person and shall contain the | 0024| following statement: "I will not vote in this election other than by | 0025| the enclosed ballot. I will not receive or offer any compensation or | 0001| reward for giving or withholding any vote."." | 0002| Section 20. Section 3-9-7 NMSA 1978 (being Laws 1973, Chapter | 0003| 375, Section 8, as amended by Laws 1995, Chapter 98, Section 2 and | 0004| also by Laws 1995, Chapter 200, Section 7) is amended to read: | 0005| "3-9-7. MANNER OF VOTING.-- | 0006| A. Any person voting an absentee ballot under the provi- | 0007| | 0008| sions of the Municipal Election Code shall secretly mark the ballot in | 0009| the manner provided in the Municipal Election Code for marking | 0010| emergency paper ballots, remove any visible number on the ballot, | 0011| place the ballot in the official inner envelope and securely seal the | 0012| envelope. The person voting shall then place the official inner | 0013| envelope inside the official mailing envelope and securely seal the | 0014| envelope. The person voting shall then fill in the form on the | 0015| reverse of the official mailing envelope. | 0016| B. Federal voters and federal qualified electors shall | 0017| either deliver or mail the official mailing envelope to the municipal | 0018| clerk of their municipality of residence or deliver it to a person | 0019| designated by federal authority to receive executed ballots for | 0020| transmission to the municipal clerk of the municipality of residence. | 0021| Voters shall either deliver or mail the official mailing envelope to | 0022| the municipal clerk of their municipality of residence. | 0023| C. Any person voting on the marksense ballot shall | 0024| secretly mark the ballot by completing the arrow in pencil | 0025| directly to the right of the candidate's name or the proposed | 0001| question. The voter shall then place the marked ballot in the | 0002| official inner envelope and securely seal the envelope and then | 0003| place the official inner envelope inside the official mailing | 0004| envelope and securely seal the envelope. The voter shall then | 0005| complete the form on the reverse of the official mailing | 0006| envelope." |