AN ACT
RELATING TO ELECTIONS; CHANGING THE
TIMES FOR ABSENTEE VOTING; CHANGING REPORTING REQUIREMENTS FOR ABSENTEE BALLOT
REGISTERS; PROVIDING STANDARDS FOR VOTER ASSISTANCE; CONFORMING CERTAIN
SECTIONS OF THE ELECTION CODE TO THE REQUIREMENTS OF THE FEDERAL HELP AMERICA
VOTE ACT OF 2002; AMENDING AND ENACTING SECTIONS OF THE ELECTION CODE.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO: Section 1. Section 1-6-4 NMSA 1978 (being Laws 1969,
Chapter 240, Section 130, as amended) is amended to read:
"1-6-4. ABSENTEE BALLOT APPLICATION--FEDERAL
QUALIFIED ELECTOR--OVERSEAS VOTER.--
A. Application by a federal qualified elector or
an overseas voter for an absentee ballot shall be made on the official postcard
form prescribed or authorized by the federal government to the county clerk of
the county of his residence.
B. Application by a voter for an absentee ballot
shall be made only on a form prescribed by the secretary of state. The form shall identify the applicant and
contain information to establish his qualification for issuance of an absentee
ballot under the Absent Voter Act; provided that on the application form for a
general election ballot there shall be no box, space or place provided for
designation of the voter's political party affiliation. The form shall allow the applicant to receive
an absentee ballot for all elections within an election cycle.
C. Each application for an absentee ballot shall
be subscribed by the applicant.
D. An application for an absentee ballot by a
federal qualified elector or an overseas voter shall be accepted at any time
preceding the general election."
Section 2. Section 1-6-5 NMSA 1978 (being Laws 1969,
Chapter 240, Section 131, as amended by Laws 2001, Chapter 49, Section 1 and by
Laws 2001, Chapter 58, Section 1) is amended to read:
"1-6-5. PROCESSING APPLICATION--ISSUANCE OF
BALLOT--MARKING AND DELIVERY OF BALLOT IN PERSON.--
A. The county clerk shall mark each completed
absentee ballot application with the date and time of receipt in the clerk's
office and enter the required information in the absentee ballot register. The county clerk shall then determine if the
applicant is a voter, an absent uniformed services voter or an overseas voter.
B. If the applicant does not have a valid
certificate of registration on file in the county and he is not a federal
qualified elector or if the applicant states he is a federal qualified elector
but his application indicates he is not a federal qualified elector, an
absentee ballot shall not be issued and the county clerk shall mark the
application "rejected" and file the application in a separate file
from those accepted.
C. The county clerk shall notify in writing each
applicant of the fact of acceptance or rejection of his application and, if
rejected, shall explain why the application was rejected.
D. If the applicant has on file with the county
a valid certificate of registration that indicates that the applicant is a
voter who registered by mail without submitting the required identification,
the county clerk shall notify the voter that he must submit with his absentee
ballot a copy of a current and valid photo identification, utility bill, bank
statement, government check, paycheck or other government document that shows
the name and address of the applicant.
The county clerk shall note on the absentee ballot register and
signature roster that the applicant's absentee ballot must be returned with the
required identification.
E. If the county clerk finds that the applicant
is a voter other than a federal qualified elector or overseas voter, the county
clerk shall mark the application "accepted" and, beginning
twenty-eight days before the election, deliver an absentee ballot to the voter
in the county clerk's office or mail to the applicant an absentee ballot and
the required envelopes for use in returning the ballot. If the county clerk finds that the applicant
is a federal qualified elector or overseas voter, the county clerk shall mark
the application "accepted" and beginning forty-five days before the
election, mail to the applicant an absentee ballot and the required envelopes
for use in returning the ballot.
Acceptance of an application of a federal qualified elector constitutes
registration for the election in which the ballot is to be cast. Acceptance of an application from an overseas
voter who is not an absent uniformed services voter constitutes a request for
changing information on the certificate of registration of any such voter. An absent voter shall not be permitted to
change his party affiliation during those periods when change of party
affiliation is prohibited by the Election Code.
Upon delivery of an absentee ballot to a voter in the county clerk's
office or mailing of an absentee ballot to an applicant who is a voter, an
appropriate designation shall be made on the signature line of the signature
roster next to the name of the voter who has been provided or mailed an
absentee ballot.
F. If an application for an absentee ballot is
delivered in person to the county clerk and is accepted, the county clerk shall
provide the voter an absentee ballot and it shall be marked by the applicant in
a voting booth of a type prescribed by the secretary of state, sealed in the
proper envelopes and otherwise properly executed and returned to the county
clerk or his authorized representative before the voter leaves the office of
the county clerk. The act of marking the
absentee ballot in the office of the county clerk shall be a convenience to the
voter in the delivery of the absentee ballot and does not make the office of
the county clerk a polling place subject to the requirements of a polling place
in the Election Code other than is provided in this subsection. It shall be unlawful to solicit votes,
display or otherwise make accessible any posters, signs or other forms of
campaign literature whatsoever in the clerk's office. Absentee ballots may be marked in person at
the county clerk's office during the regular hours and days of business
beginning on the twenty-eighth day preceding the election and from 10:00 a.m.
to 6:00 p.m. on the Saturday immediately prior to the date of the election. In marking the absentee ballot, the voter,
pursuant to the provisions of Section 1-12-15 NMSA 1978, may be assisted by one
person of the voter's choice.
G. Commencing on the third Saturday prior to an
election, an absent voter may vote in person, on an electronic voting machine
at an alternate location established by the county clerk. In class A counties with more than two
hundred thousand registered voters, the county clerk shall establish not less
than twelve alternate voting locations as a convenience to the voters. For class A counties with two hundred
thousand registered voters or less, the county clerk shall establish not less
than four alternate voting locations. In
non-class A counties with more than ten thousand registered voters, the county
clerk shall establish at least one alternate voting location. In non-class A counties with ten thousand
registered voters or less, early voting shall be conducted in the office of the
county clerk or at such alternative locations as may be designated by the
county clerk. Absentee voting may be
done at an alternate location from 12:00 p.m. to 8:00 p.m., Tuesday through
Friday, and 10:00 a.m. to 6:00 p.m. Saturday through the Saturday immediately
prior to the election. The county clerk
shall ensure that procedures established for processing an absent voter
application and for voting by absentee ballot are complied with at each
alternate location.
H. Absentee ballots shall be airmailed to
applicants temporarily domiciled inside or outside the continental limits of
the United States not later than on the Thursday immediately prior to the date
of the election.
I. An absentee ballot shall not be delivered or
mailed by the county clerk to any person other than the applicant for such
ballot.
J. The county clerk shall accept and process,
with respect to a primary or general election for any federal office, any
otherwise valid voter registration application from an absent uniformed
services voter or overseas voter if the application is received not less than
thirty days before the election. The
county clerk shall also accept and process federal write-in absentee ballots
from overseas voters in general elections for federal offices in accordance
with the provisions of Section 103 of the federal Uniformed and Overseas
Citizens Absentee Voting Act.
K. The secretary of state and each county clerk
shall make reasonable efforts to publicize and inform voters of the times and
locations for absentee voting."
Section 3. Section 1-6-6 NMSA 1978 (being Laws 1969,
Chapter 240, Section 132, as amended) is amended to read:
"1-6-6. ABSENTEE BALLOT REGISTER.--
A. For each election, the county clerk shall
keep an "absentee ballot register", in which he shall enter:
(1) the name and address of each absentee ballot
applicant;
(2) the date and time of receipt of the
application;
(3) whether the application was accepted or
rejected;
(4) the date of issue of an absentee ballot in
the county clerk's office or at an alternate location or the mailing of an
absentee ballot to the applicant;
(5) the applicant's precinct;
(6) whether the applicant is a voter, a federal
voter, a federal qualified elector or an overseas voter;
(7) whether the voter is required to submit
identification pursuant to Section 1-6-5 NMSA 1978; and
(8) the date and time the completed absentee
ballot was received from the applicant by the county clerk or the absent voter
voted early in person in the county clerk's office or at an alternate location.
B. Within twenty-four hours after receipt of a
voter's application for an absentee ballot, the county clerk shall mail either
the ballot, if it is within twenty-eight days of election day or a notice of
rejection to the applicant.
C. The absentee ballot register is a public
record open to public inspection in the county clerk's office during regular
office hours. The county clerk shall
have an updated absentee ballot register available for public inspection Monday
through Friday during regular office hours.
D. The county clerk shall deliver to the absent
voter precinct on election day a complete list of all absentee ballot
applicants and early voters with applicable information shown in the absentee
ballot register for each applicant and early voter up to 6:00 p.m. on the
Saturday preceding the election. The
county clerk shall deliver a signature roster containing the same information
as the lists to the absent voter precinct board.
E. The county clerk shall transmit to the
secretary of state and to the county chairman of each of the major political
parties in the county a complete copy of entries made in the absentee ballot
register. Such transmissions shall be
made once each week beginning four weeks immediately prior to the
election. A final copy shall be
transmitted on the Saturday immediately following the election.
F. If the county clerk has available the
technology to do so, at the request of a candidate or chair of a political
party of the county, the county clerk shall electronically transmit to the
candidate or chair via the internet the information, when updated, on the
absentee ballot register indicating voters who have requested absentee ballots,
returned their absentee ballots or voted early in person."
Section 4. A new section of the Absent Voter Act is
enacted to read:
"EARLY VOTING--ALTERNATIVE
VOTING LOCATIONS--POLL WORKERS.--An alternate voting location shall be attended
by at least two poll workers of different political parties."
Section 5. A new section of the Absent Voter Act is enacted
to read:
"ABSENTEE BALLOT--DELIVERY
TO COUNTY CLERK.--A voter, caregiver to that voter or member of that voter's
immediate family may deliver that voter's absentee ballot to the county clerk
in person or by mail."
Section 6. A new section of the Absent Voter Act is
enacted to read:
"EARLY VOTING--ALTERNATE
VOTING PLACES--PROCEDURES.--The secretary of state shall adopt rules to:
A. ensure that voters have adequate access to
alternate locations for early voting in each county, taking into consideration
population density and travel time to the place of voting; and
B. ensure that early voters are not allowed to
vote in person on election day."
Section 7. A new section of the Election Code is enacted
to read:
"EARLY VOTER.--As used in
the Election Code, "early voter" means a voter who votes in person
before election day, and not by mail."
HB 984
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