0001|                           HOUSE BILL 1131
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                            KIP W. NICELY
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PRIMARY ELECTIONS; PROVIDING FOR THE VOTING IN
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0012|     PRIMARY ELECTIONS OF REGISTERED QUALIFIED ELECTORS WHO DECLINE
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0013|     TO DESIGNATE A PARTY AFFILIATION; AMENDING AND ENACTING
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0014|     SECTIONS OF THE ELECTION CODE.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A new section of the Election Code is enacted
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0018|     to read:
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0019|          "[<u>NEW MATERIAL</u>]  PRIMARY ELECTIONS--PERSONS WHO DECLINE
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0020|     TO STATE PARTY AFFILIATION ALLOWED TO VOTE.--Any registered
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0021|     qualified elector whose certificate of registration declines to
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0022|     designate a party affiliation shall be given a choice in a
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0023|     primary election to designate which political party nominating
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0024|     primary he wishes to vote in and shall be given access to a
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0025|     ballot containing the names of those candidates for nomination
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0001|     of that party and shall be permitted to cast his vote in the
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0002|     primary election for nomination of candidates of that
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0003|     designated political party at the precinct polling place, by
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0004|     absentee ballot or at the office of the county clerk by
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0005|     absentee early voting."
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0006|          Section 2.  Section 1-5-10 NMSA 1978 (being Laws 1969,
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0007|     Chapter 240, Section 112, as amended) is amended to read:
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0008|          "1-5-10.  VOTER LISTS--SIGNATURE ROSTERS--USE DURING
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0009|     ELECTION.--
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0010|               A.  Each precinct board using voter lists shall post
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0011|     securely at or near the entrance of the polling place one copy
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0012|     of the voter list for use of the voters prior to voting.  The
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0013|     posted copy shall not contain a listing of voter social
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0014|     security numbers.
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0015|               B.  The presiding judge of the precinct board shall
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0016|     assign one judge of the board to be in charge of one copy of
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0017|     the voter list, which shall be used to confirm the registration
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0018|     and voting of each person offering to vote.
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0019|               C.  The presiding judge of the precinct board shall
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0020|     assign one election clerk to be in charge of the signature
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0021|     roster.
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0022|               D.  The judge assigned to the voter list used for
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0023|     confirmation of registration and voting shall determine that
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0024|     each person offering to vote is registered and, in the case of
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0025|     a primary election, that <s>[such]</s> <u>the</u> voter is registered in
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0001|     a party designated on the primary election ballot <u>or has
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<u></u>0002| <u>    declined to designate a party affiliation</u>.  If the person's
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0003|     registration is confirmed by the presence of his name on the
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0004|     voter list or if the person presents a certificate under the
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0005|     seal and signature of the county clerk showing that he is
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0006|     entitled to vote in the election and to vote in that precinct,
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0007|     <s>[then]</s> the judge shall announce to the election clerks the
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0008|     list number and the name of the voter as shown on the voter
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0009|     list.
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0010|               E.  The election clerk shall locate that list number
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0011|     and name on the signature roster and shall require the voter to
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0012|     sign his usual signature or, if unable to write, to make his
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0013|     mark opposite his printed name.  If the voter makes his mark,
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0014|     it shall be witnessed by one of the judges of the precinct
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0015|     board.
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0016|               F.  No voter shall be permitted to vote until he has
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0017|     properly signed his usual signature or made his mark in the
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0018|     signature roster.
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0019|               G.  After the poll is closed, the election clerk in
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0020|     charge of a signature roster shall draw a single horizontal
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0021|     line in ink through each signature space in the signature
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0022|     roster where no signature or mark appears."
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0023|          Section 3.  Section 1-5-12 NMSA 1978 (being Laws 1969,
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0024|     Chapter 240, Section 114, as amended by Laws 1993, Chapter 314,
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0025|     Section 37 and also by Laws 1993, Chapter 316, Section 37) is
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0001|     amended to read:
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0002|          "1-5-12.  VOTER WHOSE NAME IS NOT ON LIST OR ROSTER.--
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0003|               A.  A voter whose name does not appear on the voter
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0004|     list and signature roster for the precinct in which he offers
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0005|     to vote shall be permitted to vote in <s>[such]</s> <u>the</u> precinct,
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0006|     provided the voter meets the requirements specified in the
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0007|     Election Code for voting on a voter's copy of a certificate of
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0008|     registration, or has in his possession a certificate of
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0009|     eligibility bearing the seal and signature of the county clerk
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0010|     stating that the voter's original certificate of registration
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0011|     is in the county register of that county wherein <s>[such]</s> <u>the</u>
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0012|     precinct is located.
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0013|               B.  The election clerks in charge of the signature
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0014|     rosters shall add the voter's name and address in ink to the
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0015|     signature roster on the line immediately following the last
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0016|     entered voter's name and the voter shall be allowed to cast his
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0017|     ballot, provided he has first signed or marked both rosters.
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0018|               C.  The voting machine public counter number or the
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0019|     ballot number for the voter shall be entered on his certificate
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0020|     of eligibility or copy of his certificate of registration.  The
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0021|     certificate of eligibility or voter's copy of his certificate
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0022|     of registration shall be retained by the precinct board and
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0023|     returned to the county clerk with the election returns.
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0024|               D. <s>[Such]</s> <u>A</u> certificate of eligibility shall be
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0025|     valid for use only in the precinct and for the election and
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0001|     date specified thereon.
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0002|               E.  In a primary election, a voter whose party
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0003|     affiliation is not shown on the certificate of eligibility or
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0004|     copy of his certificate of registration shall not be permitted
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0005|     to receive or cast a ballot <u>unless the certificate of
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<u></u>0006| <u>    eligibility or the certificate of registration indicates that
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<u></u>0007| <u>    the voter has declined to designate a party affiliation</u>.  No
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0008|     voter shall be permitted to vote for a candidate of a party
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0009|     different from the party designation shown on his certificate
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0010|     of eligibility or the copy of his certificate of registration. 
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0011|     <u>A voter whose certificate of eligibility or certificate of
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<u></u>0012| <u>    registration indicates that the voter has declined to designate
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<u></u>0013| <u>    a party affiliation shall be permitted to vote for a candidate
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<u></u>0014| <u>    of a party of his choice.</u>
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0015|               F.  No verbal authorization from the county clerk to
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0016|     allow a person to vote <s>[under this section]</s> shall be
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0017|     permitted."
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0018|          Section 4.  Section 1-12-7 NMSA 1978 (being Laws 1969,
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0019|     Chapter 240, Section 246, as amended by Laws 1993, Chapter 314,
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0020|     Section 54 and also by Laws 1993, Chapter 316, Section 54) is
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0021|     amended to read:
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0022|          "1-12-7.  CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO
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0023|     VOTE.--
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0024|               A.  No person shall vote in any primary, general or
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0025|     statewide special election unless he is a voter of the precinct
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0001|     in which he offers to vote.  A valid original certificate of
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0002|     registration in the county register is prima facie evidence of
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0003|     being a voter in the precinct.
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0004|               B. <u>Except as provided in Section 1-5-12 NMSA 1978,</u>
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0005|     no person shall vote in any primary election whose party
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0006|     affiliation is not designated on his original certificate of
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0007|     registration.
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0008|               C. <u>Except as provided in Section 1-5-12 NMSA 1978,</u>
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0009|     no voter at any primary election shall be permitted to vote for
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0010|     the candidate of any party other than the party designated on
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0011|     his original certificate of registration at the time the
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0012|     governor issues the primary election proclamation.
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0013|               D.  No person shall vote in any primary, general or
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0014|     statewide special election whose name and certificate of
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0015|     registration number appears on the list of voters purged from
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0016|     the rolls.  The list shall be placed with the signature rosters
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0017|     and delivered to the polls with the other election supplies by
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0018|     the county clerk and shall consist of those voters in the
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0019|     precinct purged since the last preceding general election."
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0020|                              
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