HOUSE BILL 831

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Janice E. Arnold-Jones

AN ACT

RELATING TO ELECTIONS; PLACING A TWENTY-FOUR-HOUR MORATORIUM ON RELEASE OF TOTALS OF ALL UNOFFICIAL ELECTION RETURNS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] RELEASE OF UNOFFICIAL RETURNS.--Except as provided in Sections 1-12-34 and 1-12-38 NMSA 1978, a precinct board member, absent voter precinct board member, county clerk, secretary of state or any other election official shall not disclose the unofficial results of an election until twenty-four hours after the closing of the polls."

     Section 2. Section 1-12-30 NMSA 1978 (being Laws 1969, Chapter 240, Section 289, as amended) is amended to read:

     "1-12-30. CONDUCT OF ELECTION--DISPOSITION OF POLL BOOK, SIGNATURE ROSTER AND MACHINE-PRINTED RETURN REPORTING UNOFFICIAL RETURNS.--

          A. After all certificates have been executed, the presiding judge and the two election judges shall place the check list of registered voters voting and one copy of the machine-printed returns in the stamped, addressed envelope provided for that purpose and immediately mail it to the secretary of state.

          B. The signature roster, the machine-printed returns and the direct-recording electronic cartridge for electronic and marksense machines shall be returned to the county clerk. The signature roster, the machine-printed returns and the direct-recording electronic cartridge for electronic and marksense machines shall not be placed in the ballot box.

          C. Signature rosters and machine-printed returns in the custody of the county clerk may be destroyed three years after the election to which they apply.

          D. The county clerk shall report the unofficial total returns for the county to the secretary of state [within ten] twenty-four hours after the polls close."

     Section 3. Section 1-12-34 NMSA 1978 (being Laws 1969, Chapter 240, Section 294, as amended) is amended to read:

     "1-12-34. CONDUCT OF ELECTION--COPIES OF ELECTION RETURN CERTIFICATES.--Upon completion of the certificate of returns, the presiding judge shall deliver all returns to the county clerk on election night with the exception of the one legible copy of the machine-printed return from each voting machine posted on the outside of the entrance door to the polling place."

     Section 4. Section 1-12-38 NMSA 1978 (being Laws 1973, Chapter 358, Section 3) is amended to read:

     "1-12-38. VOTING MACHINES--PRINTOMATIC VOTING MACHINE--ADMITTANCE OF WATCHERS AND CANDIDATES--PROCLAMATION OF RESULTS.--During the reading of the results of the votes cast, any candidate or watcher who desires to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be distinctly announced by the presiding judge, who shall read the name of each candidate and only the vote registered on the [printed] machine-printed returns. The presiding judge shall also read the vote cast for and against each constitutional amendment or other question submitted. During the proclamation, ample opportunity shall be given to any person lawfully present to compare the result so proclaimed with the [printed] machine-printed returns, and any necessary corrections shall then and there be made by the precinct board."

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