0001| HOUSE BILL 245
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| EDWARD C. SANDOVAL
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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 ELECTIONS; EXPANDING THE ABSENT VOTER ACT;
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0012| REPEALING THE ABSENTEE-EARLY VOTING ACT; CLARIFYING FILING
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0013| REQUIREMENTS AND NOMINATING PETITION REQUIREMENTS; PRESCRIBING
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0014| CERTAIN ELECTION FORMS; AMENDING, REPEALING AND ENACTING
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0015| SECTIONS OF THE ELECTION CODE.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 1-6-2 NMSA 1978 (being Laws 1987,
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0019| Chapter 327, Section 6, as amended) is amended to read:
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0020| "1-6-2. DEFINITIONS.--As used in the Absent Voter Act:
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0021| A. "absent uniformed services voter" means:
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0022| (1) a member of a uniformed service on active
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0023| duty who, by reason of such active duty, is absent from the
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0024| place of residence where the member is otherwise qualified to
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0025| vote;
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0001| (2) a member of the merchant marine who, by
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0002| reason of service in the merchant marine, is absent from the
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0003| place of residence where the member is otherwise qualified to
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0004| vote; or
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0005| (3) a spouse or dependent of a member
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0006| referred to in Paragraphs (1) and (2) of this subsection who,
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0007| by reason of the active duty or service of the member, is
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0008| absent from the place of residence where the spouse or
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0009| dependent is otherwise qualified to vote;
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0010| B. "election" means [any] a statewide
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0011| election, general election, primary election or special
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0012| election to fill vacancies in the office of United States
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0013| representative and regular or special school district
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0014| elections [except as modified by the school election law];
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0015| C. "electronic ballot" means a paper ballot or
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0016| ballot face designed to be used on an electronic voting
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0017| machine to cast votes;
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0018| D. "electronic voting machine" means a computer-
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0019| controlled machine designed to electronically record and
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0020| tabulate votes cast;
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0021| [C.] E. "federal office" means the office of
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0022| president, vice president or of [a] senator or
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0023| representative in congress;
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0024| [D.] F. "federal qualified elector" means:
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0025| (1) an absent uniformed services voter; or
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0001| (2) an absent uniformed [service]
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0002| services voter who, by reason of active duty or service, is
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0003| absent from the United States on the date of the election
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0004| involved;
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0005| [E. "marksense ballot" means a paper ballot card
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used on an optical scan vote tabulating machine;
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F.] G. "member of the merchant marine" means an
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individual other than a member of a uniformed service or an
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individual employed, enrolled or maintained on the Great Lakes
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or the inland waterways who:
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(1) is employed as an officer or crew member
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of a vessel documented under the laws of the United States, a
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vessel owned by the United States or a vessel of a foreign-
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flag registry under charter to or control of the United
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States; or
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(2) is enrolled with the United States for
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employment or training for employment or maintained by the
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United States for emergency relief service as an officer or
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crew member of any such vessel;
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[G.] H. "overseas voter" means:
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0021| (1) a person who resides outside the United
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0022| States and is qualified to vote in the last place in which the
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0023| person was domiciled before leaving the United States; or
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0024| (2) a person who resides outside the United
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0025| States and, but for such residence, would be qualified to vote
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0001| in the last place in which the person was domiciled before
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0002| leaving the United States; and
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0003| [H.] I. "uniformed services" means the army,
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0004| navy, air force, marine corps and coast guard and the
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0005| commissioned corps of the national oceanic and atmospheric
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0006| administration."
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0007| Section 2. Section 1-6-3 NMSA 1978 (being Laws 1969,
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0008| Chapter 240, Section 129, as amended by Laws 1993, Chapter 19,
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0009| Section 1 and also by Laws 1993, Chapter 21, Section 1) is
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0010| amended to read:
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0011| "1-6-3. RIGHT TO VOTE BY ABSENTEE BALLOT [RIGHT TO
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VOTE].--
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0013| A. Any voter may vote by absentee ballot for all
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0014| candidates and on all questions appearing on the ballot [at
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his precinct poll] as if he were able to cast his ballot in
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0016| person at [the precinct poll] his regular polling place on
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0017| election day.
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0018| B. Any federal qualified elector may register
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0019| absentee and vote by an absentee ballot for any federal
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0020| office."
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0021| Section 3. Section 1-6-4 NMSA 1978 (being Laws 1969,
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0022| Chapter 240, Section 130, as amended) is amended to read:
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0023| "1-6-4. ABSENTEE BALLOT APPLICATION.--
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0024| A. Application by a federal qualified elector for
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0025| an absentee ballot shall be made on the official postcard form
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0001| prescribed or authorized by the federal government to the
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0002| county clerk of the county of his residence.
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0003| B. Application by a voter for an absentee ballot
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0004| shall be made only on a form prescribed, printed and furnished
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0005| by the secretary of state to the county clerk of the county in
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0006| which [he] the voter resides. The form shall identify the
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0007| applicant and contain information to establish his
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0008| qualification for issuance of an absentee ballot under the
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0009| Absent Voter Act; provided that on the application form for a
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0010| general election ballot there shall be no box, space or place
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0011| provided for designation of the voter's political party
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0012| affiliation.
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0013| C. Each application for an absentee ballot shall
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0014| be subscribed by the applicant."
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0015| Section 4. Section 1-6-4.1 NMSA 1978 (being Laws 1987,
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0016| Chapter 327, Section 9) is amended to read:
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0017| "1-6-4.1. FEDERAL WRITE-IN ABSENTEE BALLOT FOR OVERSEAS
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0018| VOTERS IN GENERAL ELECTIONS FOR FEDERAL OFFICES.--
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0019| A. Except as provided in Subsection C of this
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0020| section, a federal write-in absentee ballot for federal
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0021| offices in a general election shall be processed in the same
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0022| manner as provided by law for other absentee ballots.
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0023| B. In completing the ballot, the overseas voter
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0024| may designate a candidate by writing in the name of the
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0025| candidate or by writing in the name of a political party, in
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0001| which case the ballot shall be counted for all candidates of
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0002| that political party for federal office. Any abbreviation,
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0003| misspelling or other minor variation in the form of the name
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0004| of a candidate or a political party shall be disregarded in
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0005| determining the validity of the ballot if the intention of the
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0006| overseas voter can be ascertained.
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0007| C. A federal write-in absentee ballot of an
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0008| overseas voter shall not be counted if:
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0009| (1) the ballot is submitted from any location
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0010| in the United States;
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0011| (2) the application of the overseas voter for
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0012| [a New Mexico] an absentee ballot is received by the
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0013| county clerk less than thirty days before the election; or
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0014| (3) the [New Mexico] absentee ballot of the
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0015| overseas voter is received by the county clerk later than
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0016| [seven] 7:00 p.m. on election day."
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0017| Section 5. Section 1-6-5 NMSA 1978 (being Laws 1969,
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0018| Chapter 240, Section 131, as amended by Laws 1993, Chapter
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0019| 314, Section 43 and also by Laws 1993, Chapter 316, Section
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0020| 43) is amended to read:
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0021| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT--
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0022| [MAKING] MARKING AND DELIVERY OF BALLOT IN PERSON.--
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0023| A. The county clerk shall mark each completed
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0024| absentee ballot application with the date and time of receipt
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0025| in the clerk's office and enter the required information in
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0001| the absentee ballot register. The county clerk shall then
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0002| determine if the applicant is a voter, an absent uniformed
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0003| services voter or an overseas voter.
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0004| B. If the applicant has no valid certificate of
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0005| registration on file in the county and he is not a federal
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0006| qualified elector or if the applicant states he is a federal
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0007| qualified elector but his application indicates he is not a
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0008| federal qualified elector, no absentee ballot shall be issued
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0009| [and]. The county clerk shall mark the application
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0010| "rejected" and file the application in a separate file from
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0011| those accepted.
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0012| C. The county clerk shall notify in writing each
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0013| applicant of the fact of acceptance or rejection of his
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0014| application and, if rejected, shall explain why the
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0015| application was rejected.
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0016| D. If the county clerk finds that the applicant
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0017| is [determined to be] a voter or a federal qualified
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0018| elector, the county clerk shall mark the application
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0019| "accepted" and deliver an absentee ballot to the voter in the
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0020| county clerk's office or mail to the applicant an absentee
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0021| ballot and the required envelopes for use in returning the
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0022| ballot. Acceptance of an application of a federal qualified
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0023| elector constitutes registration for the election in which the
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0024| ballot is to be cast. Acceptance of an application from an
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0025| overseas voter who is not an absent uniformed services voter
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0001| constitutes a request for changing information on the
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0002| certificate of registration of any such voter. No absent
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0003| voter shall be permitted to change his party affiliation
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0004| during those periods when change of party affiliation is
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0005| prohibited by the Election Code. Upon delivery of an
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0006| absentee ballot to a voter in the county clerk's office or
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0007| mailing of an absentee ballot to [any] an applicant who is
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0008| a voter, an appropriate designation shall be made on the
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0009| signature line of the signature roster next to the name of the
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0010| [person] voter who has been [sent] provided or mailed
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0011| an absentee ballot.
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0012| E. If an application for an absentee ballot is
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0013| delivered in person to the county clerk and is accepted, the
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0014| county clerk shall [deliver the] provide the voter an
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0015| absentee ballot and it shall be marked by the applicant in a
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0016| voting booth of a type prescribed by the secretary of state
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0017| [in the courthouse], sealed in the proper envelopes and
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0018| otherwise properly executed and returned to the county clerk
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0019| or his authorized representative before the [applicant]
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0020| voter leaves the office of the county clerk. The act of
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0021| marking the absentee ballot in the office of the county clerk
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0022| shall be a convenience to the voter in the delivery of the
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0023| absentee ballot and does not make the office of the county
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0024| clerk a polling place subject to the requirements of a polling
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0025| place in the Election Code other than is provided in this
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0001| subsection. It shall be unlawful to solicit votes, display or
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0002| otherwise make accessible any posters, signs or other forms of
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0003| campaign literature whatsoever in the clerk's office.
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0004| Absentee ballots may be marked in person during the regular
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0005| hours and days of business at the county clerk's office from
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0006| 8:00 a.m. on the fortieth day preceding the election up until
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0007| 5:00 p.m. on the Saturday immediately prior to the date of the
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0008| election.
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0009| F. In marking the absentee ballot, the voter may
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0010| be assisted by one person of the voter's [own] choice [upon
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the execution with the county clerk of an affidavit for
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assistance stating therein that the voter meets at least one
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of the conditions for receiving such assistance as is set
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forth by the provisions of Section 1-12-12 NMSA 1978].
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0015| G. Commencing with the twentieth day prior to an
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0016| election, an absent voter may vote in person at the county
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0017| clerk's office or on an electronic voting machine at an
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0018| alternate location established by the county clerk. In class
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0019| A counties, the county clerk shall establish not less than
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0020| four alternate locations as a convenience to the voters.
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0021| Absentee voting may be done at the county clerk's office or an
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0022| alternate location during the regular hours of business from
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0023| 8:00 a.m. on the twentieth day prior to the election until
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0024| 5:00 p.m. on the Thursday immediately prior to the election.
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0025| The county clerk shall ensure that procedures established for
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0001| processing an absent voter application and for voting by
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0002| absentee ballot are complied with at each alternate location.
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0003| [F.] H. Absentee ballots shall be air mailed
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0004| to applicants temporarily domiciled inside or outside the
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0005| continental limits of the United States not later than on the
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0006| Thursday immediately prior to the date of the election.
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0007| [G.] I. No absentee ballot shall be delivered
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0008| or mailed by the county clerk to any person other than the
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0009| applicant for such ballot.
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0010| [H.] J. The county clerk shall accept and
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0011| process with respect to a primary or general election for any
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0012| federal office, any otherwise valid voter registration
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0013| application from an absent uniformed services voter or
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0014| overseas voter if the application is received not less than
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0015| thirty days before the election. The county clerk shall also
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0016| accept and process federal write-in absentee ballots from
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0017| overseas voters in general elections for federal offices in
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0018| accordance with the provisions of Section 103 of the federal
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0019| Uniformed and Overseas Citizens Absentee Voting Act.
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0020| K. The secretary of state and each county clerk
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0021| shall make reasonable efforts to publicize and inform voters
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0022| of the times and locations for absentee voting."
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0023| Section 6. A new section of the Absent Voter Act is
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0024| enacted to read:
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0025| "[NEW MATERIAL] PREPARATION OF ELECTRONIC VOTING
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0001| MACHINES.--
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0002| A. Five days before an electronic voting machine
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0003| is issued for absentee voting as provided in Section 1-6-9.1
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0004| NMSA 1978, the county clerk may begin to prepare, inspect and
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0005| seal the voting machine in accordance with the specifications
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0006| for electronic voting machines adopted by the secretary of
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0007| state.
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0008| B. One day before any electronic voting machine is
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0009| used for absentee voting, the county clerk shall certify to
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0010| the secretary of state and all county party chairmen the type
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0011| and serial number of each voting machine to be used."
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0012| Section 7. A new section of the Absent Voter Act is
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0013| enacted to read:
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0014| "[NEW MATERIAL] SECRETARY OF STATE--EMERGENCY
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0015| AUTHORITY.--The secretary of state shall have emergency
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0016| authority to prescribe by regulation procedures to accommodate
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0017| the special absentee ballot requirements brought on by
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0018| activation of the New Mexico national guard and reserve units or
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0019| for individuals who are overseas voters, and procedures for a
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0020| special write-in absentee ballot available at least ninety days
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0021| prior to an election to cover candidates for federal offices."
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0022| Section 8. Section 1-6-6 NMSA 1978 (being Laws 1969,
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0023| Chapter 240, Section 132, as amended) is amended to read:
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0024| "1-6-6. ABSENTEE BALLOT REGISTER.--
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0025| A. For each election, the county clerk shall keep
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0001| an "absentee ballot register" in which he shall enter:
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0002| (1) the name and [county] address of each
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0003| absentee ballot applicant;
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0004| (2) the date and time of receipt of the
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0005| application;
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0006| (3) whether the application was accepted or
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0007| rejected;
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0008| (4) the date of [delivery or] issue of an
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0009| absentee ballot in the county clerk's office or at an
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0010| alternate location or the mailing of an absentee ballot to
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0011| the applicant;
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0012| (5) the applicant's precinct;
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0013| (6) whether the applicant is a voter, a
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0014| federal voter, a federal qualified elector or an overseas
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0015| citizen voter; and
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0016| (7) the date and time the completed
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0017| absentee ballot was received from the applicant by the
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0018| county clerk or the absent voter voted in the county clerk's
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0019| office or at an alternate location.
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0020| B. Within twenty-four hours after receipt of a
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0021| voter's application for an absentee ballot, the county clerk
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0022| shall mail either the ballot or a notice of rejection to
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0023| the applicant.
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0024| C. The absentee ballot register is a public record
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0025| open to public inspection in the county clerk's office during
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0001| regular office hours.
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0002| D. The county clerk shall deliver to the
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0003| [absentee] absent voter precinct board on election day a
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0004| complete list of all absentee ballot applicants with
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0005| applicable information shown in the absentee ballot register
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0006| for each applicant up to [noon of the day] 5:00 p.m. on the
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0007| Thursday preceding the election. The county clerk shall
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0008| deliver a signature roster containing the same information as
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0009| the lists to the [absentee] absent voter precinct board.
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0010| E. The county clerk shall transmit to the
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0011| secretary of state and to the county chairman of each of the
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0012| major political parties in the county a complete copy of
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0013| entries made in the absentee ballot register. Such
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0014| transmissions shall be made once each week beginning four
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0015| weeks immediately prior to the election. A final copy shall
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0016| be transmitted on the Friday immediately following the
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0017| election."
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0018| Section 9. Section 1-6-7 NMSA 1978 (being Laws 1969,
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0019| Chapter 240, Section 133, as amended) is amended to read:
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0020| "1-6-7. FORM OF ABSENTEE BALLOT.--As soon as candidates
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0021| and questions to be voted upon have been determined for each
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0022| election, the county clerk shall procure a supply of suitable
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0023| absentee ballots. The absentee [ballot] ballots shall be
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0024| numbered and shall be, as nearly as [practicable]
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0025| possible, in the same form as prescribed by the secretary of
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0001| state for emergency ballots. However, to reduce weight and
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0002| bulk for transport of absentee ballots, the size and weight of
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0003| the paper for envelopes, ballots and instructions shall be
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0004| reduced as much as possible. Absentee ballots shall be
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0005| printed at least forty days prior to the date of a primary
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0006| election and forty-nine days prior to the date of a general
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0007| election. Absentee ballots for any other election shall be
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0008| printed at least thirty-five days prior to the date of the
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0009| election."
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0010| Section 10. Section 1-6-8 NMSA 1978 (being Laws 1969,
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0011| Chapter 240, Section 134, as amended) is amended to read:
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0012| "1-6-8. ABSENTEE BALLOT ENVELOPES.--
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0013| A. The secretary of state shall prescribe the form
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0014| of, procure and distribute to each county clerk a supply of:
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0015| (1) official inner envelopes for use in
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0016| sealing the completed absentee ballot;
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0017| (2) official mailing envelopes for use in
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0018| returning the official inner envelope to the county clerk;
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0019| provided the official mailing envelope for absentee ballots in
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0020| a general election shall contain no designation of party
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0021| affiliation;
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0022| (3) absentee ballot instructions, describing
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0023| proper methods for completion of the ballot and returning it;
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0024| and
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0025| (4) official transmittal envelopes for use by
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0001| the county clerk in mailing absentee ballot materials.
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0002| B. Official transmittal envelopes and official
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0003| mailing envelopes for transmission of absentee ballot
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0004| materials to and from the county clerk and federal qualified
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0005| electors shall be printed in red in the form prescribed by the
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0006| federal Uniformed and Overseas Citizens Absentee Voting Act.
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0007| Official transmittal envelopes and official mailing envelopes
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0008| for transmission of absentee ballot materials to and from the
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0009| county clerk and voters shall be printed in black in
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0010| substantially similar form. All official inner envelopes
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0011| shall be printed in black.
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0012| C. The reverse of each official mailing envelope
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0013| shall contain a form to be executed by the [person] voter
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0014| completing the absentee ballot. The form shall identify the
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0015| [person] voter and shall contain the following statement:
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0016| "I will not vote in this election other than by the enclosed
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0017| ballot. I will not receive or offer any compensation or
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0018| reward for giving or withholding any vote."."
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0019| Section 11. Section 1-6-9 NMSA 1978 (being Laws 1969,
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0020| Chapter 240, Section 135, as amended) is amended to read:
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0021| "1-6-9. MANNER OF VOTING BY ABSENTEE BALLOT.--
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0022| A. Any person voting [under provisions of]
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0023| pursuant to the Absent Voter Act shall secretly mark his
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0024| absentee ballot in the manner provided in the Election Code
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0025| for marking emergency paper ballots, place it in the official
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0001| inner envelope and securely seal the envelope. The voter
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0002| shall then place the official inner envelope inside the
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0003| official mailing envelope and securely seal the envelope. The
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0004| voter shall then complete the form on the reverse of the
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0005| official mailing envelope, which shall include an affirmation
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0006| by the voter under penalty of perjury that the facts stated in
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0007| the form are true.
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0008| B. Federal qualified electors shall either deliver
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0009| or mail the official mailing envelope to the county clerk of
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0010| their county of residence or deliver it to a person designated
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0011| by federal authority to receive executed ballots for
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0012| transmission to the county clerk of the county of residence or
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0013| former residence as the case may be. Voters shall either
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0014| deliver or mail the official mailing envelope to the county
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0015| clerk of their county of residence."
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0016| Section 12. Section 1-6-9.1 NMSA 1978 (being Laws 1991,
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0017| Chapter 105, Section 13, as amended) is amended to read:
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0018| "1-6-9.1. [USING THE MARKSENSE] VOTING BY ELECTRONIC
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0019| BALLOT.--[Any person] An absent voter voting on [the
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marksense] an electronic ballot shall secretly mark the
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0021| ballot [by completing the arrow ( ) ( ) in pencil directly
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to the right of the candidate's name or the proposed question.
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The voter shall then place the marked ballot in the official
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inner envelope and securely seal the envelope and then place
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the official inner envelope inside the official mailing
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envelope and securely seal the envelope. The voter shall then
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complete the form on the reverse of the official mailing
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envelope] in accordance with the instructions on that
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0004| ballot, and the vote cast shall be recorded on an electronic
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0005| voting machine."
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0006| Section 13. Section 1-6-10 NMSA 1978 (being Laws 1969,
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0007| Chapter 240, Section 136, as amended) is amended to read:
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0008| "1-6-10. RECEIPT OF ABSENTEE BALLOTS BY CLERK.--
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0009| A. The county clerk shall mark on each completed
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0010| official mailing envelope the date and time of receipt in the
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0011| clerk's office, record this information in the absentee ballot
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0012| register and safely keep the official mailing envelope
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0013| unopened in a locked and number-sealed ballot box, except
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0014| as provided in Subsection H of Section 1-6-14 NMSA 1978,
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0015| until it is delivered on election day to the proper absent
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0016| voter precinct board or until it is canceled and destroyed in
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0017| accordance with law.
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0018| B. The county clerk shall accept completed
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0019| official mailing envelopes until 7:00 p.m. on election day.
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0020| Any completed official mailing envelope received after that
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0021| time shall not be delivered to a precinct board but shall be
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0022| preserved by the county clerk until the time for election
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0023| contests has expired. In the absence of a restraining order
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0024| after expiration of the time for election contests, the county
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0025| clerk shall destroy all late official mailing envelopes
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0001| without opening or permitting the contents to be examined,
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0002| cast, counted or canvassed. Before their destruction, the
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0003| county clerk shall count the numbers of late absentee
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0004| ballots from voters, federal voters, overseas citizen voters
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0005| and federal qualified electors and report the number from each
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0006| category to the secretary of state.
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0007| C. At 5:00 p.m. on the Monday immediately
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0008| preceding the date of election, the county clerk shall record
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0009| the numbers of the unused absentee ballots and shall publicly
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0010| destroy in the county clerk's office all such unused ballots.
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0011| The county clerk shall execute a certificate of [such]
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0012| destruction, which shall include the numbers on the absentee
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0013| ballots destroyed. A copy of the certificate of destruction
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0014| shall be sent to the secretary of state."
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0015| Section 14. Section 1-6-11 NMSA 1978 (being Laws 1969,
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0016| Chapter 240, Section 137, as amended) is amended to read:
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0017| "1-6-11. DELIVERY OF ABSENTEE BALLOTS TO ABSENT VOTER
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0018| PRECINCTS.--
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0019| A. On election day, the county clerk shall
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0020| deliver the absentee ballots received [by him] prior to 7:00
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0021| p.m. on election day to the special deputy county clerks for
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0022| delivery to the absent voter precinct boards. The absentee
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0023| ballots for each absent voter precinct shall be separately
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0024| wrapped, and the special deputy county clerk shall issue a
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0025| receipt for all ballots [taken by him] delivered for the
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0001| county clerk. Upon delivery of the absentee ballots to the
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0002| absent voter precinct board, the special deputy county clerk
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0003| shall remain in the polling place of the absent voter precinct
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0004| until he has observed the opening of the official mailing
|
0005| envelope, the deposit of the ballot in the locked ballot box
|
0006| and the listing of the names on the official mailing envelope
|
0007| in the signature rosters. Upon [such] delivery of absentee
|
0008| ballots, the special deputy county clerk shall obtain a
|
0009| receipt executed by the presiding judge and each election
|
0010| judge and he shall return [such] the receipt to the county
|
0011| clerk for filing. The receipts shall specify the number of
|
0012| envelopes received by the special deputy county clerk from the
|
0013| county clerk for each absent voter precinct and the number of
|
0014| envelopes received by the absent voter precinct board from the
|
0015| special deputy county clerk.
|
0016| B. At 7:00 a.m. on election day, the county clerk
|
0017| shall deliver the electronic voting machines used for absentee
|
0018| voting to the absent voter precinct board. The machines shall
|
0019| not be used to vote on or count additional ballots for that
|
0020| election. A special deputy county clerk shall issue a receipt
|
0021| for each voting machine. Upon delivery of a voting machine,
|
0022| the special deputy shall obtain a receipt executed by the
|
0023| presiding judge and each election judge specifying the serial
|
0024| number and the seal number of the machine and shall verify the
|
0025| public counter number on the machine, and he shall return the
|
- 19 -
0001| receipt to the county clerk for filing. Thereafter, the
|
0002| absent voter precinct board shall proceed as specified in
|
0003| Sections 1-6-1 through 1-6-25 NMSA 1978."
|
0004| Section 15. Section 1-6-14 NMSA 1978 (being Laws 1971,
|
0005| Chapter 317, Section 11, as amended) is amended to read:
|
0006| "1-6-14. HANDLING ABSENTEE BALLOTS BY ABSENT VOTER
|
0007| PRECINCT BOARDS.--
|
0008| A. Before opening any official mailing envelope,
|
0009| the presiding judge and the election judges shall determine
|
0010| that the required information has been completed on the
|
0011| reverse side of the official mailing envelope.
|
0012| B. If the voter's signature is missing, the
|
0013| presiding judge shall write "Rejected" on the front of the
|
0014| official mailing envelope. The election clerks shall enter
|
0015| the voter's name in the signature rosters and shall write the
|
0016| notation "Rejected--Missing Signature" in the "Notations"
|
0017| column of the signature rosters. The presiding election
|
0018| judge shall place the official mailing envelope unopened in an
|
0019| envelope provided for rejected ballots, seal the envelope and
|
0020| write the voter's name on the front of the envelope and
|
0021| deposit it in the locked ballot box.
|
0022| C. The accredited challengers may examine the
|
0023| official mailing envelope and may challenge the ballot of any
|
0024| absent voter for the following reasons:
|
0025| (1) the official mailing envelope has been
|
- 20 -
0001| opened prior to being received by the absent voter precinct
|
0002| board; or
|
0003| (2) the person offering to vote is not a
|
0004| federal voter, federal qualified elector, overseas citizen
|
0005| voter or voter as provided in the Election Code.
|
0006| Upon the challenge of an absentee ballot, the election
|
0007| judges and the presiding election judge shall follow the
|
0008| same procedure as when ballots are challenged when a person
|
0009| attempts to vote in person. If a challenge is upheld, the
|
0010| official mailing envelope shall not be opened but shall be
|
0011| placed in an envelope provided for challenged ballots. The
|
0012| same procedure shall be followed in canvassing and determining
|
0013| the validity of challenged absentee ballots as with other
|
0014| challenged ballots.
|
0015| D. If the official mailing envelopes have been
|
0016| properly subscribed and the voters have not been challenged:
|
0017| (1) the election judges shall open the
|
0018| official mailing envelopes and deposit the ballots in their
|
0019| still-sealed official inner envelopes in the locked ballot
|
0020| box; and
|
0021| (2) the election clerks shall enter the
|
0022| absent voter's name and residence address as shown on the
|
0023| official mailing envelope in the signature rosters and shall
|
0024| mark the notation "AB" opposite the voter's name in the
|
0025| "Notations" column of the signature rosters.
|
- 21 -
0001| E. Prior to the closing of the polls, the election
|
0002| judges and the presiding election judge may either remove
|
0003| the absentee ballots from the official inner envelopes and
|
0004| count and tally the results of absentee balloting or, under
|
0005| the personal supervision of the presiding election judge and
|
0006| one election judge from each party, [register the results of
|
each absentee ballot on a] count and tally the absentee
|
0008| ballots on an electronic voting machine the same as if the
|
0009| absent voter had been present and voted in person. It [shall
|
be] is unlawful for any person to disclose the results of
|
0011| [such] a count and tally [or such registration on a
|
voting machine] of absentee ballots prior to the closing of
|
0013| the polls.
|
0014| F. Absentee ballots shall be counted and tallied
|
0015| [or registered on a lever voting machine or] on an
|
0016| electronic voting machine as provided in the Election Code
|
0017| [provided that any county with a population in excess of one
|
hundred thousand shall count and tally or register absentee
|
ballots on an electronic voting machine].
|
0020| G. Absent voter precinct polls shall close at the
|
0021| time prescribed by the Election Code for other polling places,
|
0022| and the results of the election shall be certified as
|
0023| prescribed by the secretary of state.
|
0024| H. The county clerk may convene the absent voter
|
0025| precinct board no more than three days before the day of the
|
- 22 -
0001| election to alphabetize, enter on the roster and sort the
|
0002| absentee ballots by legislative district; provided that no
|
0003| member of the absent voter precinct board shall open an
|
0004| official mailing envelope or count and canvass any absentee
|
0005| ballot prior to the day of the election."
|
0006| Section 16. Section 1-6-15 NMSA 1978 (being Laws 1977,
|
0007| Chapter 222, Section 13, as amended) is amended to read:
|
0008| "1-6-15. CANVASS--RECOUNT OR RECHECK--DISPOSITION.--
|
0009| [Where no] If voting machines are not used to register
|
0010| absentee ballots, [such] the absentee ballots shall be
|
0011| canvassed, recounted and disposed of in the manner provided by
|
0012| the Election Code for the canvassing, recounting and
|
0013| disposition of emergency paper ballots. [Where] If voting
|
0014| machines are used to register absentee ballots, [such] the
|
0015| ballots shall be canvassed and rechecked in the manner
|
0016| provided by the Election Code for the canvassing and recheck
|
0017| of ballots cast on a voting machine; provided, in the event of
|
0018| a contest, voting machines used to register absentee ballots
|
0019| shall not be rechecked but the absentee ballots shall be
|
0020| recounted in the manner provided by the Election Code for the
|
0021| recounting of emergency paper ballots. As used in this
|
0022| section, "voting machines" means [lever voting machines or]
|
0023| electronic voting machines as provided in the Election Code."
|
0024| Section 17. Section 1-6-16 NMSA 1978 (being Laws 1969,
|
0025| Chapter 240, Section 141, as amended by Laws 1989, Chapter
|
- 23 -
0001| 368, Section 2 and also by Laws 1989, Chapter 392, Section 15)
|
0002| is amended to read:
|
0003| "1-6-16. VOTING IN PERSON PROHIBITED.--
|
0004| A. Except as provided in Section 1-6-16.1 NMSA
|
0005| 1978, no person who has been issued an [absent voter]
|
0006| absentee ballot shall vote in person at his precinct poll.
|
0007| B. At any time prior to 5:00 p.m. on the Monday
|
0008| immediately preceding the date of the election, [any] a
|
0009| person whose absentee ballot application has been accepted and
|
0010| who was mailed an absentee ballot but who has not received the
|
0011| absentee ballot may execute, in the office of the county clerk
|
0012| of the county where he is registered to vote, a sworn
|
0013| affidavit stating that he did not receive or vote his absentee
|
0014| ballot. Upon receipt of the sworn affidavit, the county clerk
|
0015| shall issue the voter a replacement absentee ballot.
|
0016| C. The secretary of state shall prescribe the form
|
0017| of the affidavit and the manner in which the county clerk
|
0018| shall void the first ballot mailed to the applicant."
|
0019| Section 18. Section 1-6-16.1 NMSA 1978 (being Laws 1989,
|
0020| Chapter 368, Section 1, as amended) is amended to read:
|
0021| "1-6-16.1. ABSENTEE BALLOT--CONDUCT OF ELECTION--WHEN
|
0022| NOT TIMELY RECEIVED--EMERGENCY PROCEDURE FOR VOTING AND
|
0023| COUNTING.--
|
0024| A. [Any applicant] A voter who applies for an
|
0025| absentee ballot [who] but has not received the absentee
|
- 24 -
0001| ballot by mail as of the date of the election may present
|
0002| himself at his assigned [precinct] polling place and, after
|
0003| executing an affidavit of nonreceipt of absentee ballot, shall
|
0004| be permitted to vote on an emergency paper ballot [or a
|
marksense ballot].
|
0006| B. The completed ballot shall be placed in an
|
0007| official inner envelope substantially as prescribed by Section
|
0008| 1-6-8 NMSA 1978 and sealed. The official inner envelope shall
|
0009| then be placed in an official envelope substantially as
|
0010| prescribed for a transmittal envelope or mailing envelope in
|
0011| Section 1-6-8 NMSA 1978. This envelope shall contain a form on
|
0012| its back that identifies the voter by name and signature
|
0013| roster number and [the] a printed statement to the effect
|
0014| that the voter made application for an absentee ballot but had
|
0015| not received it as of the date of the election and is
|
0016| permitted to vote by emergency paper ballot [or a marksense
|
ballot].
|
0018| C. The presiding election judge shall put all
|
0019| [such] absentee ballots in a special envelope provided for
|
0020| that purpose by the county clerk, seal it and return it to the
|
0021| county clerk along with the machine tally sheets. The sealed
|
0022| envelope shall not be put in the locked ballot box.
|
0023| D. Upon receipt of the envelope containing [such
|
absentee ballots, the county clerk, no later than forty-
|
eight hours after the close of the election, shall remove the
|
- 25 -
transmittal envelopes and, without removing or opening the
|
inner envelopes, determine [that]:
|
0003| (1) [such] if a voter did in fact make
|
0004| application for an absentee ballot; and
|
0005| (2) [no such] if an absentee ballot was
|
0006| received by the county clerk from the voter by 7:00 p.m. on
|
0007| election day.
|
0008| E. Upon making [such] that determination, the
|
0009| county clerk shall remove the inner envelope without opening
|
0010| it, [destroy the transmittal envelope] retain the
|
0011| transmittal envelope with the other election returns and
|
0012| place the unopened inner envelope in a secure [place]
|
0013| container to be transmitted to the county canvassing board
|
0014| to be tallied and included in the canvass of that county for
|
0015| the appropriate precinct.
|
0016| F. The secretary of state shall prescribe and
|
0017| furnish the necessary envelopes for purposes of this section
|
0018| and shall adopt rules and regulations deemed necessary to
|
0019| preserve the secrecy of [the ballot] emergency paper
|
0020| ballots."
|
0021| Section 19. Section 1-6-16.2 NMSA 1978 (being Laws 1993,
|
0022| Chapter 353, Section 1) is amended to read:
|
0023| "1-6-16.2. ADDITIONAL EMERGENCY PROCEDURE FOR VOTING.--
|
0024| A. After the close of the period for requesting
|
0025| absentee [voter] ballots by mail, any voter who is unable
|
- 26 -
0001| to go to the polls due to unforeseen illness or disability
|
0002| resulting in his confinement in a hospital, sanatorium,
|
0003| nursing home or residence and who is unable to vote at his
|
0004| regular polling place [voting booth or voting apparatus or
|
machinery] or alternate location may request in writing
|
0006| that an alternative ballot be made available to him. The
|
0007| written request shall be signed by the voter and a health care
|
0008| provider under penalty of perjury.
|
0009| B. The alternative ballot shall be made available
|
0010| by the clerk of the county in which the voter resides to any
|
0011| authorized representative of the voter who through his
|
0012| representative has presented the written request to the office
|
0013| of the clerk.
|
0014| C. Before releasing the alternative ballot, the
|
0015| county clerk shall compare the signature on the written
|
0016| request with the signature on the voter's affidavit of
|
0017| registration. If the county clerk determines that the
|
0018| signature on the written request is not the signature of the
|
0019| voter, he shall reject the request for an alternative ballot.
|
0020| D. The voter shall mark the alternative ballot,
|
0021| place it in an identification envelope similar to that used
|
0022| for absentee ballots, fill out and sign the envelope and
|
0023| return the ballot to the office of the clerk of the county in
|
0024| which the voter resides no later than the time of closing of
|
0025| the polls on election day. The voter's name shall be compared
|
- 27 -
0001| to the roster of voters and the alternative ballot shall
|
0002| only be counted if there is no signature for that voter on the
|
0003| roster of the precinct where that voter's name appears.
|
0004| E. Alternative ballots shall be processed and
|
0005| counted in the same manner as absentee ballots.
|
0006| F. The secretary of state shall prescribe the form
|
0007| of alternative ballots and shall distribute an appropriate
|
0008| number of alternative ballots to each county clerk."
|
0009| Section 20. Section 1-6-17 NMSA 1978 (being Laws 1969,
|
0010| Chapter 240, Section 142) is amended to read:
|
0011| "1-6-17. CANCELLATION OF ABSENTEE BALLOT AT DEATH.--If
|
0012| any person voting under the provisions of the Absent Voter Act
|
0013| dies after mailing or delivering his absentee ballot to the
|
0014| county clerk but before the absentee ballot is [delivered to
|
the deceased person's precinct board, his] counted, the
|
0016| official outer envelope shall be marked ["cancelled by board
|
of registration"] "canceled" and preserved by the county
|
0018| clerk in the same manner as provided for other uncast ballots
|
0019| in Subsection B of Section [3-6-10B NMSA 1953] 1-6-10
|
0020| NMSA 1978."
|
0021| Section 21. Section 1-6-21 NMSA 1978 (being Laws 1975,
|
0022| Chapter 255, Section 93, as amended) is amended to read:
|
0023| "1-6-21. CONSOLIDATION OF ABSENT VOTER PRECINCTS.--
|
0024| Absent voter precincts may be consolidated [if] by the
|
0025| governing authority if it deems it desirable and so directs
|
- 28 -
0001| by resolution."
|
0002| Section 22. Section 1-6-23 NMSA 1978 (being Laws 1975,
|
0003| Chapter 255, Section 95, as amended) is amended to read:
|
0004| "1-6-23. ABSENT VOTER PRECINCT POLLING PLACE--HOURS ON
|
0005| ELECTION DAY AND SUBSEQUENT DAYS.--The county clerk or
|
0006| statutorily appointed supervisor of the election shall
|
0007| determine the hours [in] during which the absent voter
|
0008| precinct polling place shall be open for delivery and counting
|
0009| of ballots [shall be set by the county clerk or statutorily
|
appointed supervisor of the election] on election day and
|
0011| subsequent days until all ballots are counted."
|
0012| Section 23. Section 1-6-24 NMSA 1978 (being Laws 1969,
|
0013| Chapter 54, Section 5, as amended) is amended to read:
|
0014| "1-6-24. ABSENT VOTER PRECINCT BOARD APPOINTMENT.--
|
0015| A. The county clerk of each county shall appoint
|
0016| [and compensate] absent voter precinct board members and
|
0017| their respective alternates for each absent voter precinct
|
0018| [in the manner specified in the Election Code for other
|
precinct board members] and shall compensate them at an
|
0020| hourly rate set by the county clerk.
|
0021| B. A minimum of three precinct board members
|
0022| shall be appointed to the absent voter precinct board with no
|
0023| more than two members belonging to the same political party."
|
0024| Section 24. A new section of the Absent Voter Act is
|
0025| enacted to read:
|
- 29 -
0001| "[NEW MATERIAL] SECURITY--COUNTING AND CANVASSING.--The
|
0002| secretary of state shall adopt rules and regulations for
|
0003| protecting the integrity, security and secrecy of the absentee
|
0004| ballots, including procedures specifying that machines and
|
0005| ballot containers remain locked and that ballots not be
|
0006| removed prior to election day; procedures for voting by
|
0007| absentee ballot; separation of absentee ballots voted on
|
0008| electronic voting machines twenty days before the election
|
0009| from those received through the mail; disposition of absentee
|
0010| ballots rejected by a voting machine; handling of, counting
|
0011| and canvassing of absentee ballots; and sorting of absentee
|
0012| ballots by representative district for canvassing purposes."
|
0013| Section 25. Section 1-8-13 NMSA 1978 (being Laws 1969,
|
0014| Chapter 240, Section 162, as amended) is amended to read:
|
0015| "1-8-13. PRIMARY ELECTION LAW--CONTENTS OF
|
0016| PROCLAMATION.--The proclamation calling a primary election
|
0017| shall contain:
|
0018| A. the names of the major political parties
|
0019| participating in the primary election;
|
0020| B. the offices for which each political party
|
0021| shall nominate candidates; provided that if any law is enacted
|
0022| by the legislature in the year in which the primary election
|
0023| is held and [such] the law does not take effect until
|
0024| after the date of the proclamation but prior to the date of
|
0025| the primary election, the proclamation shall conform to the
|
- 30 -
0001| intent of [such] the law with respect to the offices for
|
0002| which each political party shall nominate candidates;
|
0003| C. the date on which declarations of candidacy and
|
0004| nominating petitions for United States representative, any
|
0005| office voted upon by all the voters of the state, a
|
0006| legislative office, the office of district judge, district
|
0007| attorney, state board of education or magistrate shall be
|
0008| filed and the places where they shall be filed in order to
|
0009| have the candidates' names printed on the official ballot of
|
0010| their party at the primary election;
|
0011| D. the date on and place at which declarations of
|
0012| candidacy shall be filed for any other office and filing fees
|
0013| paid or, in lieu thereof, a pauper's statement of inability to
|
0014| pay;
|
0015| [E. the date on and place at which declarations
|
of intent to be a write-in candidate for a statewide office or
|
office of United States representative shall be filed;
|
F. the date on and place at which declarations of
|
intent to be a write-in candidate for any other office shall
|
be filed;
|
G.] E. the final date on and place at which
|
0022| candidates for the office of United States representative and
|
0023| for any statewide office seeking preprimary convention
|
0024| designation by the major parties shall file petitions and
|
0025| declarations of candidacy;
|
- 31 -
0001| [H.] F. the final date on which the major
|
0002| political parties shall hold state preprimary conventions for
|
0003| the designation of candidates; and
|
0004| [I.] G. the final date on and place at which
|
0005| certificates of designation of primary election candidates
|
0006| shall be filed by political parties with the secretary of
|
0007| state.
|
0008| As used in the Primary Election Law, "statewide office"
|
0009| means any office voted on by all the voters of the state."
|
0010| Section 26. Section 1-8-30 NMSA 1978 (being Laws 1973,
|
0011| Chapter 228, Section 4, as amended) is amended to read:
|
0012| "1-8-30. PRIMARY ELECTION LAW--DECLARATION OF
|
0013| CANDIDACY--NOMINATING PETITION--FILING AND FORM.--
|
0014| A. As used in the Primary Election Law,
|
0015| "nominating petition" means the authorized form used for
|
0016| obtaining the required number of signatures of voters, which
|
0017| is signed on behalf of the person wishing to become a
|
0018| candidate for a political office in the primary election
|
0019| requiring a nominating petition.
|
0020| B. In making a declaration of candidacy, the
|
0021| candidate at the same time shall file a nominating petition,
|
0022| which shall be on [forms] the form prescribed by law.
|
0023| C. The nominating petition shall be on paper
|
0024| approximately eight and one-half inches wide and fourteen
|
0025| inches long with numbered lines for signatures spaced
|
- 32 -
0001| approximately three-eighths of an inch apart and shall be in
|
0002| the following form:
|
0003| "NOMINATING PETITION
|
0004| I, the undersigned, a registered voter of the
|
0005| county of _______________, New Mexico, and a member of
|
0006| the____________ party, hereby nominate _______________,
|
0007| who resides at __________________ in the county of
|
0008| _______________, New Mexico, for the party nomination for
|
0009| the office of ________________________, to be voted for
|
0010| at the primary election to be held on the first Tuesday
|
0011| of June, [19]_____, and I declare that I am a resident
|
0012| of the state, district, county or area to be represented
|
0013| by the office for which the person being nominated is a
|
0014| candidate. I also declare that I have not signed, and
|
0015| will not sign, any nominating petition for more persons
|
0016| than the number of candidates necessary to fill such
|
0017| office at the next ensuing general election.
|
0018| 1. ____________ _____________ ____________ __________
|
0019| (usual (name printed (address as (city or
|
0020| signature) as registered) registered) rt. no.)
|
0021| 2. _____________ _____________ ____________ __________
|
0022| (usual (name printed (address as (city or
|
0023| signature) as registered) registered) rt. no.).".
|
0024| D. In October of odd-numbered years, the secretary
|
0025| of state shall furnish to each county clerk a sample of a
|
- 33 -
0001| nominating petition form, a copy of which shall be made
|
0002| available by the county clerk upon request of any candidate.
|
0003| [E. The signature of the voter shall not be
|
counted unless the voter was a registered member of the
|
candidate's party ten days prior to the filing of the
|
nominating petition. The signature of the voter shall not be
|
counted unless the entire line indicates the voter's usual
|
signature, his name printed as registered and his address as
|
registered and his city or route number and is upon the form
|
furnished by the secretary of state to the county clerks or a
|
duplicate thereof.
|
F.] E. When more than one sheet is required for
|
0013| a petition, each of the sheets shall be in the form prescribed
|
0014| by this section and all sheets shall be firmly secured by a
|
0015| staple or other suitable fastening."
|
0016| Section 27. Section 1-8-31 NMSA 1978 (being Laws 1973,
|
0017| Chapter 228, Section 5, as amended by Laws 1993, Chapter 314,
|
0018| Section 47 and also by Laws 1993, Chapter 316, Section 47) is
|
0019| amended to read:
|
0020| "1-8-31. PRIMARY ELECTION LAW--NOMINATING PETITION--
|
0021| SIGNATURES TO BE COUNTED.--
|
0022| A. [Each signer of] A person who signs a
|
0023| nominating petition shall sign but one petition for the same
|
0024| office unless more than one candidate is to be elected to
|
0025| [such] that office, and in that case a person may sign
|
- 34 -
0001| not more than the number of nominating petitions equal to the
|
0002| number of candidates to be elected to the office [shall be
|
signed].
|
0004| B. A person who signs a nominating petition shall
|
0005| indicate his residence as his address. If the person does not
|
0006| have a residential address, he may provide his mailing
|
0007| address.
|
0008| [B.] C. A signature shall be counted on a
|
0009| nominating petition unless there is evidence presented that
|
0010| the person signing [is not a]:
|
0011| (1) was not a registered member of the
|
0012| candidate's political party ten days prior to the filing of
|
0013| the nominating petition;
|
0014| (2) failed to provide information required by
|
0015| the nominating petition sufficient to determine that the
|
0016| person is a qualified voter of the state, district, county or
|
0017| area to be represented by the office for which the person
|
0018| seeking the nomination is a candidate;
|
0019| [(2)] (3) has signed more than one
|
0020| petition for the same office, except as provided in Subsection
|
0021| A of this section, or has signed one petition more than once;
|
0022| [(3)] (4) is not of the same political
|
0023| party as the candidate named in the nominating petition as
|
0024| shown by the signer's certificate of registration; or
|
0025| [(4)] (5) is not the person whose name
|
- 35 -
0001| appears on the nominating petition.
|
0002| [C.] D. The procedures set forth in this
|
0003| section shall be used to validate signatures on any petition
|
0004| required by the Election Code, except that Paragraphs (1) and
|
0005| (4) of Subsection C of this section shall not apply to
|
0006| petitions filed by unaffiliated candidates or petitions filed
|
0007| by candidates of minor political parties."
|
0008| Section 28. Section 1-8-44 NMSA 1978 (being Laws 1969,
|
0009| Chapter 240, Section 182, as amended) is amended to read:
|
0010| "1-8-44. PRIMARY ELECTION LAW--WITHDRAWAL OF CANDIDATES--
|
0011| DATE OF WITHDRAWAL.--[No] A candidate [shall] seeking
|
0012| to withdraw from a primary election [unless he withdraws]
|
0013| shall withdraw no later than the first [Friday after the
|
filing date] Tuesday in April before that primary election."
|
0015| Section 29. Section 1-8-49 NMSA 1978 (being Laws 1977,
|
0016| Chapter 322, Section 5) is amended to read:
|
0017| "1-8-49. INDEPENDENT CANDIDATES FOR GENERAL [OR UNITED
|
STATES REPRESENTATIVE SPECIAL] ELECTIONS--CANDIDATES FOR
|
0019| PRESIDENT AND VICE PRESIDENT.--[If the person filing the
|
declaration of independent candidacy is a candidate for
|
president of the United States, he shall also file the names
|
and addresses of the required number of presidential electors
|
who intend to vote for such independent candidate in the
|
electoral college]
|
0025| A. Nomination as an independent candidate for
|
- 36 -
0001| president or vice president shall be made by filing a
|
0002| declaration of independent candidacy with the proper filing
|
0003| officer. The candidate for president shall also at the same
|
0004| time file a nominating petition with the required number of
|
0005| signatures.
|
0006| B. In making a declaration of independent
|
0007| candidacy for president, the candidate shall submit a sworn
|
0008| statement in the following form:
|
0009| "DECLARATION OF INDEPENDENT CANDIDACY FOR PRESIDENT
|
0010| I, (candidate's name), being duly sworn, say
|
0011| that I am a citizen of the United States, have been a resident
|
0012| of the United States for at least fourteen years and have
|
0013| attained the age of thirty-five.
|
0014| I desire to become a candidate for the office of
|
0015| president of the United States at the general election to be
|
0016| held on the date set by law for this year. I will be eligible
|
0017| and legally qualified to hold this office at the beginning of
|
0018| its term.
|
0019| The name of my vice presidential running mate, whom I
|
0020| selected is . The names and addresses of
|
0021| the required number of presidential electors who intend to
|
0022| vote for me and for my vice presidential running mate in the
|
0023| electoral college are:
|
0024|
|
0025| (name) (name)
|
- 37 -
0001|
|
0002| (residence address) (residence address)
|
0003|
|
0004| (mailing address) (mailing address)
|
0005|
|
0006| (city) (city)
|
0007|
|
0008| (state and zip code) (state and zip code)
|
0009|
|
0010| (name) (name)
|
0011|
|
0012| (residence address) (residence address)
|
0013|
|
0014| (mailing address) (mailing address)
|
0015|
|
0016| (city) (city)
|
0017|
|
0018| (state and zip code) (state and zip code)
|
0019|
|
0020| (name)
|
0021|
|
0022| (residence address)
|
0023|
|
0024| (mailing address)
|
0025|
|
- 38 -
0001| (city)
|
0002|
|
0003| (state and zip code)
|
0004| I submit with this statement a nominating petition in the
|
0005| form and manner prescribed by the Election Code. I make the
|
0006| foregoing affidavit under oath, knowing that any false
|
0007| statement herein constitutes a felony punishable in accordance
|
0008| with the criminal laws of New Mexico.
|
0009|
|
0010| (declarant)
|
0011|
|
0012| (residence address)
|
0013|
|
0014| (mailing address)
|
0015|
|
0016| (city)
|
0017|
|
0018| (state and zip code)
|
0019| Subscribed and sworn to me this day of
|
0020| ,
|
0021| (year)
|
0022|
|
0023| notary public
|
0024| My commission expires:
|
0025| ".
|
- 39 -
0001| C. In making a declaration of independent
|
0002| candidacy for vice president, the candidate shall submit a
|
0003| sworn statement in the following form:
|
0004| "DECLARATION OF INDEPENDENT CANDIDACY FOR VICE PRESIDENT
|
0005| I, (candidate's name), being duly sworn, say
|
0006| that I am a citizen of the United States, have been a resident
|
0007| of the United States for at least fourteen years and have
|
0008| attained the age of thirty-five.
|
0009| I have been selected by independent presidential
|
0010| candidate as his vice presidential running mate
|
0011| and desire to be that candidate for vice president. I will be
|
0012| eligible and legally qualified to hold this office at the
|
0013| beginning of its term.
|
0014| I make the foregoing affidavit under oath, knowing that
|
0015| any false statement herein constitutes a felony punishable in
|
0016| accordance with the criminal laws of New Mexico.
|
0017|
|
0018| (declarant)
|
0019|
|
0020| (residence address)
|
0021|
|
0022| (mailing address)
|
0023|
|
0024| (city)
|
0025|
|
- 40 -
0001| (state and zip code)
|
0002| Subscribed and sworn to me this day of
|
0003| ,
|
0004| (year)
|
0005|
|
0006| (notary public)
|
0007| My commission expires:
|
0008| ".
|
0009| D. The independent presidential electors whom the
|
0010| independent candidate for president is required to name shall
|
0011| be registered voters of New Mexico; they may or may not be
|
0012| affiliated with a political party in New Mexico. United
|
0013| States senators, United States representatives and persons
|
0014| holding federal offices of trust or profit are not eligible to
|
0015| be electors.
|
0016| E. When independent candidates for president and
|
0017| vice president appear on the general election ballot, a vote
|
0018| for that pair of nominees is a vote for that presidential
|
0019| candidate's electors.
|
0020| F. If the independent candidates for president and
|
0021| vice president receive the highest number of votes at the
|
0022| general election, the independent presidential candidate's
|
0023| electors shall be the presidential electors of the state of
|
0024| New Mexico. As such, each elector shall be granted a
|
0025| certificate of election by the state canvassing board, and
|
- 41 -
0001| each elector shall be subject to the provisions of Sections
|
0002| 1-15-5 through 1-15-10 NMSA 1978."
|
0003| Section 30. Section 1-8-50 NMSA 1978 (being Laws 1977,
|
0004| Chapter 322, Section 6) is amended to read:
|
0005| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED
|
0006| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION
|
0007| FORM.--
|
0008| A. As used in Sections [3-8-27.1 through 3-8-27.8
|
NMSA 1953] 1-8-45 through 1-8-52 NMSA 1978, "nominating
|
0010| petition" means the authorized form [or forms] used for
|
0011| obtaining the required number of signatures of voters
|
0012| [which] that is signed on behalf of the person wishing to
|
0013| become an independent candidate for a political office in a
|
0014| general or United States representative special election
|
0015| requiring a nominating petition.
|
0016| B. In making a declaration of candidacy, the
|
0017| candidate shall file a nominating petition at the same time,
|
0018| which shall be on forms prescribed by law.
|
0019| [B.] C. The nominating petition for an
|
0020| independent candidate for any office except president of the
|
0021| United States shall be on paper approximately eight and one-
|
0022| half inches wide and fourteen inches long with numbered lines
|
0023| for signatures spaced approximately three-eighths of an inch
|
0024| apart and shall be in the following form:
|
0025| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY
|
- 42 -
0001| FOR ANY OFFICE EXCEPT PRESIDENT OF THE UNITED STATES
|
0002| I, the undersigned, a registered voter of the
|
0003| county of ____________________, New Mexico, hereby
|
0004| nominate ___________________________________, who resides
|
0005| at _________________________ in the county of __________,
|
0006| New Mexico, as an independent candidate for the office of
|
0007| _________________________, to be voted for at the general
|
0008| election [(United States representative special
|
election)] to be held on November _____, [19] _____, or
|
0010| United States representative special election to be held
|
0011| on ,
|
0012| ___________________________________________
|
0013| (month) (day) (year)
|
0014| and I declare that I am a resident of the state,
|
0015| district, county or area to be represented by the office
|
0016| for which the person being nominated is a candidate. I
|
0017| also declare that I have not signed, and will not sign,
|
0018| any nominating petition for more persons than the number
|
0019| of candidates necessary to fill [such] the office at
|
0020| the next ensuing general election or at a United States
|
0021| representative special election.
|
0022| 1. ____________ _____________ ____________ __________
|
0023| (usual (name printed (address as (city)
|
0024| signature) as registered) registered)
|
0025| 2. _____________ _____________ ____________ __________
|
- 43 -
0001| (usual (name printed (address as (city)".
|
0002| signature) as registered) registered)
|
0003| D. The nominating petition for an independent
|
0004| candidate for the office of president of the United States
|
0005| shall be on paper approximately eight and one-half inches wide
|
0006| and fourteen inches long with numbered lines for signatures
|
0007| spaced approximately three-eighths of an inch apart and shall
|
0008| be in the following form:
|
0009| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY
|
0010| FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES
|
0011| I, the undersigned, a registered voter of the
|
0012| county of , New Mexico, by endorsement
|
0013| hereon, petition that the name of be
|
0014| printed on the general election ballot as an independent
|
0015| candidate for the office of president of the United
|
0016| States, to be voted on at the general election to be held
|
0017| on November , . I also declare that I am
|
0018| that person whose name appears hereon and that I have not
|
0019| signed, nor will I sign, any nominating petition for any
|
0020| other candidate seeking the office of president of the
|
0021| United States at the next ensuing general election.".
|
0022| [C.] E. The secretary of state shall furnish
|
0023| to each county clerk a sample of the nominating petition form,
|
0024| a copy of which shall be made available by the county clerk
|
0025| upon request of any candidate as provided by the Election
|
- 44 -
0001| Code.
|
0002| [D. The signature of the voter shall not be
|
counted unless the entire line is filled out in full and is
|
upon the form prescribed by this section.
|
E.] F. When more than one sheet is required for
|
0006| a petition, each of the sheets shall be in the form prescribed
|
0007| by this section, and all sheets shall be firmly secured by a
|
0008| staple or other suitable fastening."
|
0009| Section 31. Section 1-12-7 NMSA 1978 (being Laws 1969,
|
0010| Chapter 240, Section 246, as amended by Laws 1993, Chapter
|
0011| 314, Section 54 and also by Laws 1993, Chapter 316, Section
|
0012| 54) is amended to read:
|
0013| "1-12-7. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO
|
0014| VOTE.--
|
0015| A. No person shall vote in any primary, general or
|
0016| statewide special election unless he is a voter of the
|
0017| precinct in which he offers to vote. A valid original
|
0018| certificate of registration in the county register is prima
|
0019| facie evidence of being a voter in the precinct.
|
0020| B. No person shall vote in any primary election
|
0021| whose party affiliation is not designated on his original
|
0022| certificate of registration.
|
0023| C. No [voter] person at any primary election
|
0024| shall be permitted to vote for the candidate of any party
|
0025| other than the party designated on his [original] current
|
- 45 -
0001| certificate of registration [at the time the governor issues
|
the primary election proclamation.
|
D. No person shall vote in any primary, general or
|
statewide special election whose name and certificate of
|
registration number appears on the list of voters purged from
|
the rolls. The list shall be placed with the signature
|
rosters and delivered to the polls with the other election
|
supplies by the county clerk and shall consist of those voters
|
in the precinct purged since the last preceding general
|
election]."
|
0011| Section 32. Section 1-15-23 NMSA 1978 (being Laws 1969,
|
0012| Chapter 240, Section 373) is amended to read:
|
0013| "1-15-23. EXPIRING TERM AND [NEXT] SUCCEEDING TERM
|
0014| [BALLOT--WRITE-IN].--[A.] If the same individual is a
|
0015| candidate at a general election for both the expiring term and
|
0016| the [next] succeeding term, his name shall appear but once
|
0017| on the ballot, and the name of the office, followed by the
|
0018| words, "full and expiring terms".
|
0019| [B. Provisions shall be made in the general
|
election to permit any voter to write in a separate name for
|
the expiring term and a separate name for the next succeeding
|
term. A voter may write in the name of any candidate he
|
chooses for either term, and such vote shall be valid and
|
counted even though the candidate's name is printed on the
|
paper ballot or ballot label.]"
|
- 46 -
0001| Section 33. Section 1-22-2 NMSA 1978 (being Laws 1985,
|
0002| Chapter 168, Section 4, as amended) is amended to read:
|
0003| "1-22-2. DEFINITIONS.--As used in the School Election
|
0004| Law:
|
0005| A. "board" means the governing authority of the
|
0006| local school district;
|
0007| B. "county clerk" means the clerk of each county
|
0008| in which the school district is situate;
|
0009| C. "proper filing officer" means the county clerk
|
0010| or, in the case of a multicounty school district, the clerk of
|
0011| the county in which the administrative office of the school
|
0012| district is situate;
|
0013| D. "magistrate" means the magistrate whose office
|
0014| is situated in the municipality where the administrative
|
0015| office of the school district is located or in close proximity
|
0016| to the municipality;
|
0017| E. "school district election" means [any] a
|
0018| regular or special school district election [except] but
|
0019| does not include a recall election; and
|
0020| F. "superintendent" means the superintendent of
|
0021| schools of the local school district."
|
0022| Section 34. Section 1-22-7 NMSA 1978 (being Laws 1985,
|
0023| Chapter 168, Section 9) is amended to read:
|
0024| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--
|
0025| PENALTY.--
|
- 47 -
0001| A. [A declaration of candidacy for membership on
|
the board to] A candidate for a school board position that
|
0003| will be filled at a regular school district election shall
|
0004| [be filed] file a declaration of candidacy with the proper
|
0005| filing officer during the period commencing at 9:00 a.m. on
|
0006| the third Tuesday in December of the even-numbered year
|
0007| immediately preceding the date of the regular school district
|
0008| election and ending at 5:00 p.m. on the same day.
|
0009| B. [A declaration of candidacy for membership on
|
the board to] A candidate for a school board position that
|
0011| will be filled at a special school district election shall
|
0012| [be filed] file a declaration of candidacy with the proper
|
0013| filing officer during the period commencing at 9:00 a.m. on
|
0014| the forty-eighth day before the election and ending at 5:00
|
0015| p.m. on the same day.
|
0016| C. A candidate shall file for only one school
|
0017| board position during a filing period.
|
0018| [C. Any person knowingly making] D. A person
|
0019| who knowingly makes a false statement in his declaration of
|
0020| candidacy is guilty of a fourth degree felony and shall be
|
0021| sentenced pursuant to the provisions of Section 31-18-15 NMSA
|
0022| 1978."
|
0023| Section 35. Section 1-22-19 NMSA 1978 (being Laws 1985,
|
0024| Chapter 168, Section 21, as amended) is amended to read:
|
0025| "1-22-19. ABSENTEE VOTING.--
|
- 48 -
0001| A. [Any registered qualified elector of the
|
school district who cannot be present at his precinct polling
|
place on the day of the school district election because of
|
illness, injury or disability; who will be absent from his
|
school district of residence because his duties, occupation,
|
business or vacation requires him to be elsewhere; or who
|
cannot attend his precinct polling place because of the tenets
|
of his religion] A voter may vote in a school district
|
0009| election by absentee ballot for all candidates and on all
|
0010| questions appearing on the ballot [at the election] in his
|
0011| precinct as if he were [able to cast] casting his ballot
|
0012| in person at the [precinct] polling place on election day.
|
0013| B. The provisions of the Absent Voter Act of the
|
0014| Election Code apply to absentee voting in school district
|
0015| elections, provided that absentee ballots may be marked in
|
0016| person during the regular hours and days of business at the
|
0017| county clerk's office from 8:00 a.m. on the twenty-fifth day
|
0018| preceding the election until 5:00 p.m. on the Friday
|
0019| immediately prior to the date of the election. Absentee
|
0020| ballots shall be printed at least thirty days prior to the
|
0021| date of the election. Provisions may be made by the board in
|
0022| the proclamation for absentee voting by electronic voting
|
0023| machine from 8:00 a.m. on the twentieth day preceding an
|
0024| election until 5:00 p.m. on the Friday immediately prior to
|
0025| the date of the election.
|
- 49 -
0001| C. A regular precinct board may be designated to
|
0002| serve as the absent voter precinct board. [Members] A
|
0003| member of the absent voter precinct board shall receive the
|
0004| same compensation as [other] a regular precinct board
|
0005| [members, but in no case shall] member. A regular
|
0006| precinct board member who also serves as a member of the
|
0007| absent voter precinct board shall not be entitled to extra
|
0008| compensation for serving on [the absent voter precinct]
|
0009| more than one board."
|
0010| Section 36. REPEAL.--Sections 1-6-5.2 and 1-6A-1 through
|
0011| 1-6A-12 NMSA 1978 (being Laws 1991, Chapter 105, Section 11,
|
0012| Laws 1993, Chapter 37, Sections 1 through 9, Chapter 165,
|
0013| Sections 4 through 6, as amended) are repealed.
|