44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO ELECTIONS; ENACTING THE CENTRALIZED VOTER REGISTRATION SYSTEM ACT; REPEALING THE AUTOMATED VOTER RECORDS SYSTEM ACT; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Centralized Voter Registration System Act"."
Section 2. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Centralized Voter Registration System Act:
A. "centralized voter registration system" means the computers and computer data maintained and operated by the secretary of state and the county clerk in each county;
B. "county" means any county in this state;
C. "county register" means an official file of original certificates of registration of the county arranged in alphabetical order by voter surname;
D. "county voter list" means a list of voters arranged in alphabetical order by voter surname within and for a county;
E. "duplicate master record" means an exact duplicate of all data stored on the centralized voter registration system database;
F. "file maintenance list" means a list that reflects additions, deletions or changes to any voter record in the centralized voter registration system;
G. "mailing labels" means printed labels used for mailing purposes of selected voters arranged in the order in which requested providing the names and addresses of voters from the centralized voter registration system;
H. "precinct voter list" means a list of voters arranged in alphabetical order by voter surname within and for a precinct;
I. "signature roster" means a voter list with space provided opposite each voter's name for the voter's signature or witnessed mark;
J. "special voter list" means a list of selected voters arranged in the order in which requested from the centralized voter registration system;
K. "statistical data" means information derived from the centralized voter registration system;
L. "voter data" means selected information derived from the centralized voter registration system;
M. "voter list" means a list of registered voters prepared by the county clerk for purposes of an election; and
N. "voter record" means all information extracted from a voter's certificate of registration and transferred to the central voter registration system database by the county clerk and any additional information pertaining to that voter included by the county clerk in the system's database."
Section 3. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] MANDATORY COMPLIANCE--SECRETARY OF STATE TO ADMINISTER.--
A. Compliance with the Centralized Voter Registration System Act is mandatory and supplemental to the provisions of the Election Code.
B. The secretary of state shall administer the Centralized Voter Registration System Act and shall prescribe any rules, forms, procedures and instructions necessary for the orderly transition to and the efficient implementation of the provisions of the that act.
C. The secretary of state and each county clerk shall maintain records containing all requests by the public for special voter lists, mailing labels, statistical data, voter data, precinct voter lists and county voter lists. The records shall indicate the requesting party, the date of the request, the date of fulfilling the request, charges made and any other information required by the secretary of state. Requests for registration lists shall be fulfilled within a period of ten working days.
D. All registration records required by the Election Code shall be included as part of and maintained by the centralized voter registration system."
Section 4. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] COUNTY REGISTER--ESTABLISHMENT.--
The county clerk shall establish and maintain a county register. The county register shall be filed in fire-resistant files and maintained in a secure manner in the office of the county clerk. The files containing the county register shall be arranged to provide ready and convenient access and shall be kept locked except when being used by authorized persons in accordance with the Election Code."
Section 5. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] ENTRY OF DATA INTO CENTRALIZED VOTER REGISTRATION SYSTEM.--
A. The county clerk, upon receipt and acceptance of a properly completed certificate of registration within the period prescribed for registration, shall immediately enter in the proper space thereon the precinct of the voter.
B. The county clerk shall cause the registration information of every registered voter in the county to be entered into the centralized voter registration system in accordance with any rules or procedures prescribed by the secretary of state.
C. After entry of data into the centralized voter registration system, the county clerk shall file the original certificate of registration alphabetically in the county register.
D. A certificate of registration shall not be removed from the county register pursuant to a cancellation of registration until the county clerk has entered into the centralized voter registration system all deletions and changes."
Section 6. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] VOTER LISTS--SIGNATURE ROSTERS.--The county clerk shall provide for computer generated voter lists and signature rosters for all precincts within the county from the centralized voter registration system. The voter lists and signature rosters shall be used at any election for which registration of voters is required."
Section 7. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] VOTER LISTS--SIGNATURE ROSTERS--CONTENT.--
A. The voter lists and signature rosters for any precinct shall contain for each voter, as shown on his certificate of registration:
(1) his name;
(2) his gender;
(3) his residence address;
(4) his mailing address;
(5) his social security number;
(6) his year of birth;
(7) his party affiliation, if any; and
(8) his precinct of residence.
B. In addition, the names on each voter list and signature roster shall be numbered consecutively beginning with the number "1".
C. On each page of each voter list and on each signature roster there shall be printed the page number and the date and name of the election for which they are to be used."
Section 8. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] SIGNATURE ROSTER--VOTER LISTS--DISTRIBUTION.--
A. One copy of the signature roster shall be prepared for each precinct. On the cover of the signature roster shall be printed the words, "Copy for the County Clerk". Upon its preparation and certification as to its accuracy and completeness, the county clerk shall deliver the copy of the signature roster to the precinct board.
B. The county clerk shall prepare three copies of the voter list for each precinct. Of the three copies prepared, one copy shall not include voter social security numbers. He shall deliver two of the copies to each precinct board. One copy of the voter list shall be retained by the county clerk for verification purposes on election day and one copy for the secretary of state shall be marked to verify those voters on the list who voted.
C. Two copies of the county voter list, arranged in alphabetical order, shall be prepared for election day for verification purposes only."
Section 9. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] SIGNATURE ROSTERS--CERTIFICATE.--Any certificate required by the Election Code for poll books shall be similarly required for signature rosters in substantially the same form to the extent it serves the same purpose."
Section 10. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] VOTER LISTS--SIGNATURE ROSTERS--USE DURING ELECTION.--
A. Each precinct board using voter lists shall post securely at or near the entrance of the polling place one copy of the voter list for use of the voters prior to voting. The posted copy shall not contain a listing of voter social security numbers.
B. The presiding judge of the precinct board shall assign one election judge of the board to be in charge of one copy of the voter list, which shall be used to confirm the registration and voting of each person offering to vote.
C. The presiding judge of the precinct board shall assign one election clerk to be in charge of the signature roster.
D. The judge assigned to the voter list used for confirmation of registration and voting shall determine that each person offering to vote is registered and, in the case of a primary election, that such voter is registered in a party designated on the primary election ballot. If the person's registration is confirmed by the presence of his name on the voter list or if the person presents a certificate under the seal and signature of the county clerk showing that he is entitled to vote in the election and to vote in that precinct, then the judge shall announce to the election clerks the list number and the name of the voter as shown on the voter list.
E. The election clerk shall locate that list number and name on the signature roster and shall require the voter to sign his usual signature or, if unable to write, to make his mark opposite his printed name. If the voter makes his mark, it shall be witnessed by one of the judges of the precinct board.
F. No voter shall be permitted to vote until he has properly signed his usual signature or made his mark in the signature roster.
G. After the poll is closed, the election clerk in charge of a signature roster shall draw a single horizontal line in ink through each signature space in the signature roster where no signature or mark appears."
Section 11. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] VOTER LISTS--SIGNATURE ROSTERS--DISPOSITION AFTER ELECTION.--
A. After the polls are closed, the signature roster shall be properly certified by the precinct board and returned to the county clerk with the election returns destined for the county clerk. The voter list marked for the secretary of state shall be returned to the secretary of state with the election returns destined for the secretary of state.
B. The signed and certified signature rosters used in any election shall be considered a part of the election returns and treated accordingly. They shall be preserved and finally disposed of in the same manner as provided in the Election Code for election returns.
C. The punishment for willful destruction, defacement, unauthorized alteration or improper disposition of signature rosters used in an election shall be the same as for similar treatment of election returns."
Section 12. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] VOTER'S NAME NOT ON LIST OR ROSTER.--
A. If a voter's name does not appear on the voter list and signature roster for the precinct in which he offers to vote, the voter shall be permitted to vote in such precinct; provided the voter meets the requirements specified in the Election Code and otherwise meets the fail-safe voting provisions of the National Voter Registration Act.
B. The election clerks in charge of the signature rosters shall add the voter's name and address in ink to the signature roster on the line immediately following the last entered voter's name, and the voter shall be allowed to cast his ballot provided he has first signed or marked both rosters.
C. The voting machine public counter number or the ballot number for the voter shall be entered on his certificate of eligibility or copy of his certificate of registration. The certificate of eligibility or voter's copy of his certificate of registration shall be retained by the precinct board and returned to the county clerk with the election returns.
D. Such certificate of eligibility shall be valid for use only in the precinct and for the election and date specified thereon.
E. In a primary election, a voter whose party affiliation is not shown on the certificate of eligibility or copy of his certificate of registration shall not be permitted to receive or cast a ballot. No voter shall be permitted to vote for a candidate of a party different from the party designation shown on his certificate of eligibility or the copy of his certificate of registration.
F. No verbal authorization from the county clerk to allow a person to vote pursuant to this section shall be permitted."
Section 13. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] FILE MAINTENANCE LIST.--
A. On the first regular working day of each month the county clerk shall prepare a file maintenance list showing all additions, deletions or other changes for the preceding month.
B. One copy of the list shall be stored by the county clerk for at least six years.
C. The county clerk shall provide one copy of the file maintenance list to the county chairman of each of the major political parties in the county. The file maintenance list shall not include the voter's social security number, codes used to identify the agency where the voter registered, voter's day and month of birth or voter's telephone number, if prohibited by the voter."
Section 14. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] VOTER REGISTRATION SYSTEM DATABASE--DUPLICATE.--
A. The secretary of state shall provide by rule for the timely back-up of the centralized voter registration system's database and the production of a duplicate master record.
B. In case of loss or damage to the centralized voter registration system, or any portion thereof, the duplicate master record shall be used to duplicate the system's database, or any portion thereof. No other use shall be made of the duplicate master record.
C. The secretary of state and the county clerk shall ensure that the centralized voter records system and any duplicate master record thereof is protected against loss, damage, unauthorized access and unauthorized alteration.
D. Any duplicate master record shall be stored in a fire-resistant safe or vault located at a place remote from, and which is considered a separate damage risk from, the place of storage or use of the centralized voter registration system.
E. No information or data derived from the centralized voter registration system, or any portion thereof, or any duplicate master record, or any portion thereof, shall be stored or transported in any manner that will subject either or both to possible loss or damage from common or related perils."
Section 15. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] REGISTRATION--INFORMATION REQUIRED.--
A. The certificate of registration form shall require the following elements of information concerning the applicant for registration: name, gender, residence address, municipality, mailing address, county of former registration, social security number, date of birth, political party affiliation, if any, zip code, telephone number at the applicant's option and statement of qualification for voting.
B. Provision shall be made for the usual signature or mark of the applicant, the signature of the county clerk, and for the dates of such signatures.
C. The certificate of registration form may indicate whether it is completed by the applicant as a new registration, a change to the existing registration or a cancellation of an existing registration.
D. The certificate of registration forms shall be serially numbered and shall be furnished promptly and in adequate supply by the secretary of state upon request by the county clerk."
Section 16. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] FILING--REGISTRATION.--The secretary of state shall prescribe the method of filing and maintaining certificates of registration in any county."
Section 17. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] UNLAWFUL DISPOSITION OF INFORMATION OR DATA--PENALTY.--
A. Unlawful disposition of information or data derived from the centralized voter registration system consists of the willful selling, loaning or otherwise surrendering of any data derived from the centralized voter registration system or any duplicate master record, or a portion thereof, by any person for any purpose not authorized by the Centralized Voter Registration System Act or to any person not authorized by that act to have possession of data derived from the centralized voter registration system.
B. Any person authorized by the Centralized Voter Registration System Act or any other provision of law to access or possess data derived from the centralized voter registration system who commits unlawful disposition of data derived from the centralized voter registration system database or duplicate master record, or any portion thereof, is guilty of a fourth degree felony."
Section 18. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] UNLAWFUL DESTRUCTION OR ALTERATION OF VOTER REGISTRATION SYSTEM--PENALTY.--
A. Unlawful destruction or alteration of the centralized voter registration system or duplicate master record, or any portion thereof, or file maintenance list, or any portion thereof, consists of the unauthorized destruction of, or the unauthorized alteration of, or the erasure of information from, or the rendering unusable, or any portion thereof, for their lawfully intended purpose by any person.
B. Any person who commits unlawful destruction or alteration of the centralized voter registration system or duplicate master record, or any portion thereof, or file maintenance list, or any portion thereof, is guilty of a fourth degree felony."
Section 19. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] REQUESTS FOR STATISTICAL DATA, VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS.--
A. The county clerk and secretary of state shall permit the release of any voter data, statistical data, mailing labels, special voter lists, precinct voter lists or county voter lists only upon written request by the requester of the data, labels or lists as provided in this section. All requesters shall be treated equally in regard to the charges and the furnishing of the requested data, labels or lists.
B. In furnishing voter data or special voter lists, precinct voter lists and county voter lists, the county clerk and the secretary of state are prohibited from providing data or lists that include a voter's social security number, a code used to identify the agency where the voter registered, a voter's day and month of birth or the voter's telephone number, if release was not authorized by the voter.
C. Each requester of voter data, mailing labels or special voter lists, precinct voter lists and county voter lists shall sign an affidavit that information contained in the voter data, mailing labels and special voter lists, precinct voter lists and county voter lists shall be used for governmental or election and election campaign purposes only and shall not be made available or used for commercial or any unlawful purposes.
D. Each requester of statistical data shall sign an affidavit that such statistical data shall be used for information or research purposes only and shall not be made available or used for commercial or any unlawful purposes.
E. The secretary of state shall prescribe the form of the affidavit."
Section 20. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] UNLAWFUL USE OF STATISTICAL
DATA--UNLAWFUL USE OF VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS--PENALTIES.--
A. Unlawful use of statistical data consists of the use of statistical data in such a manner as to derive information, the use or possession of which would be otherwise prohibited pursuant to the Centralized Voter Registration System Act.
B. Unlawful use of voter data, mailing labels or special voter lists consists of the knowing and willful use of such information for purposes prohibited by the Centralized Voter Registration System Act.
C. Any person or entity, or agent thereof, who commits unlawful use of statistical data, voter data, mailing labels or special voter lists is guilty of a fourth degree felony and upon conviction shall be fined ten dollars ($10.00) for each and every line of voter information that was unlawfully used.
D. Each and every unlawful use of statistical data, voter data, mailing labels or special voter lists constitutes a separate offense."
Section 21. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] CREATION OF CENTRALIZED VOTER REGISTRATION SYSTEM ADVISORY COMMITTEE.--
A. There is created the "centralized voter registration system advisory committee" consisting of the director of the bureau of elections, the information systems manager from the office of the secretary of state and six members appointed by the secretary of state, as follows:
(1) four county clerks selected from a list submitted by the recognized state association of county clerks; and
(2) two registered voters.
B. The director of the bureau of elections shall serve as chair of the advisory committee. No more than four of the eight appointed members shall be registered from the same political party."
Section 22. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] DUTIES OF CENTRALIZED VOTER REGISTRATION SYSTEM ADVISORY COMMITTEE.--The centralized voter registration system advisory committee shall:
A. recommend procedures for the orderly and timely conversion of voter registration data in the existing county database to the centralized voter registration system;
B. review any uniform procedures proposed by the secretary of state for the implementation, maintenance and operation of the centralized voter registration system; and
C. recommend changes or modifications to any uniform procedures or rules adopted by the secretary of state for the implementation, maintenance and operation of the centralized voter registration system."
Section 23. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] CENTRALIZED VOTER REGISTRATION SYSTEM ADVISORY COMMITTEE--COMPENSATION--MEETINGS.--
A. Members of the centralized voter registration system advisory committee, except the director of the bureau of elections and the information systems manager, shall be paid per diem and mileage as provided in the Per Diem and Mileage Act for nonsalaried state officers.
B. No less than two meetings shall be called annually by the secretary of state."
Section 24. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] SECRETARY OF STATE--ESTABLISHMENT OF CENTRALIZED VOTER REGISTRATION SYSTEM.--
A. The secretary of state shall enter into a contract for the purchase of any hardware, software and consulting services necessary to establish and implement the centralized voter registration system on a statewide basis consistent with the provisions of the Procurement Code. The secretary of state shall supervise the implementation of the centralized voter registration system in each county.
B. The secretary of state shall ensure that the centralized voter registration system includes all generally accepted industry standards for security and protection of the system's database. The secretary of state shall also ensure that any centralized voter registration system implemented provides the means for accurately converting the existing voter registration databases maintained by the county clerks to the centralized voter registration system.
C. The centralized voter registration system shall:
(1) link the secretary of state and all county clerks to a fully computerized centralized voter registration database;
(2) permit a county clerk to add a voter's record to the centralized voter registration system database, change information in a voter record or delete a duplicate voter record or a voter record from the system's database upon the cancellation of a certificate of registration as provided by the Election Code;
(3) permit a county clerk and the bureau of elections to access the system's database for review and search capabilities for any lawful purpose and the preparation of mailing labels, special voter lists, precinct voter lists and county voter lists; and
(4) provide a means by which a county clerk may automatically assign a voter to his precinct for voting purposes when a street index exists for the entire county or any part thereof."
Section 25. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] SECRETARY OF STATE--UNIFORM PROCEDURES FOR COUNTIES.--The secretary of state shall:
A. adopt uniform rules and procedures for the implementation, maintenance and operation of the centralized voter registration system;
B. prescribe forms compatible with the statewide centralized voter registration system; and
C. ensure that training opportunities are available to each county clerk in the maintenance and operation of the centralized voter registration system."
Section 26. APPROPRIATION.--One million five hundred twenty-eight thousand dollars ($1,528,000) is appropriated from the general fund to the office of the secretary of state for expenditure in fiscal year 2000 for the purpose of implementing a statewide centralized voter registration system. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.
Section 27. REPEAL.--Sections 1-5-1 through 1-5-31 NMSA 1978 (being Laws 1969, Chapter 240, Sections 103 through 115, 118, 120 through 122, 124 and 125, Laws 1977, Chapter 222, Section 11, Laws 1975, Chapter 255, Sections 75 through 83 and Laws 1989, Chapter 298, Sections 1 and 2, as amended) are repealed.
Section 28. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.