45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ELECTIONS; RESTORING THE RIGHT TO VOTE TO A PERSON CONVICTED OF A FELONY WHO HAS SATISFIED ALL CONDITIONS OF A SENTENCE; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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] CANCELLATION OF REGISTRATION FOLLOWING CONVICTION--ELIGIBILITY FOR REGISTRATION UPON SATISFACTION OF CONDITIONS.--

A. When a voter has been convicted of a felony, the clerk of the district court where the conviction occurred shall file a certificate of felony conviction with the county clerk of the county where the convicted felon is registered.

B. For purposes of cancellation of registration, verification of a felony conviction may be obtained by comparing the voter's registration record with the certificate of felony conviction filed by the clerk of the district court.

C. The certificate of felony conviction shall include the voter's:

(1) name;

(2) age;

(3) sex;

(4) marital status;

(5) birthplace;

(6) birth date;

(7) social security number, if any;

(8) date of conviction; and

(9) address.

D. When a voter convicted of a felony, for which a sentence of imprisonment is authorized but deferred or suspended by order of the court, has satisfactorily completed the conditions of the court order, the clerk of the court shall notify the county where the convicted felon was registered that the person is eligible for registration.

E. When a voter convicted of a felony is unconditionally discharged from a correctional facility under the jurisdiction of the corrections department, or is conditionally discharged from a facility under the jurisdiction of the corrections department and has satisfactorily completed all conditions of probation or parole, the corrections department shall notify the county clerk where the felon was registered that the person is eligible for registration.

F. When a voter convicted of a federal offense constituting a felony is unconditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency, or is conditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency, and has satisfactorily completed all conditions of probation or parole, the federal agency having jurisdiction of that person shall notify the secretary of state that the person is eligible for registration."

Section 2. Section 31-13-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-14) is amended to read:

"31-13-1. [EFFECT OF CRIMINAL CONVICTION UPON CIVIL RIGHTS--GOVERNOR MAY PARDON OR GRANT] FELONY CONVICTION-- RESTORATION OF CITIZENSHIP.--

A. [Any] A person who has been convicted of a felony shall not be permitted to vote in any statewide, county, municipal or district election held pursuant to the [laws of the state or any subdivision thereof, nor shall such person be permitted to hold any office of public trust for the state or any subdivision thereof.

B. When any convict shall pass the entire period of his sentence within the penitentiary, he shall be entitled to a certificate thereof by the superintendent of the penitentiary; or if such person shall complete the period of his sentence while on parole, he shall be entitled to a certificate thereof by the director of parole.

C. The disability imposed by this section may only be removed by the governor. Upon presentation to the governor of a certificate evidencing the completion of an individual's sentence, the governor may, in his discretion, grant to such individual a pardon or a certificate restoring such person to full rights of citizenship] provisions of the Election Code, unless the person:

(1) has satisfactorily completed the terms of a suspended or deferred sentence imposed by a court;

(2) was unconditionally discharged from a correctional facility under the jurisdiction of the corrections department or was conditionally discharged from a correctional facility under the jurisdiction of the corrections department and has satisfactorily completed all conditions of probation or parole;

(3) was unconditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency or was conditionally discharged from a correctional facility under the jurisdiction of a federal corrections agency and has satisfactorily completed all conditions of probation or parole; or

(4) has presented the governor with a certificate verifying the completion of his sentence and was granted a pardon or a certificate by the governor restoring his full rights of citizenship.

B. A person who has been convicted of a felony shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district, unless the person has presented the governor with a certificate verifying the completion of his sentence and was granted a pardon or a certificate by the governor restoring his full rights of citizenship."

Section 3. Section 1-20-18 NMSA 1978 (being Laws 1969, Chapter 240, Section 442, as amended) is amended to read:

"1-20-18. PERMITTING [PRISONERS] A PRISONER TO VOTE.--

A. Permitting [prisoners] a prisoner to vote consists of [any] a warden of a penitentiary, a sheriff or jailer or any other person having custody of [convicts or prisoners] a convict or prisoner taking him or permitting him to be taken [such convicts or prisoners to any] to a polling place for the purposes of voting in any election.

Whoever permits [prisoners] a prisoner to vote is guilty of a misdemeanor and shall be [punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not less than thirty days nor more than ninety days, or both] sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

B. This section does not prohibit permitting [prisoners to vote] a prisoner convicted of a misdemeanor from voting by absentee ballot pursuant to the provisions of the Absent Voter Act."

Section 4. REPEAL.--Section 1-4-27 NMSA 1978 (being Laws 1969, Chapter 240, Section 83, as amended) is repealed.

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.