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

RELATING TO ELECTIONS; PROVIDING FOR ELECTION DAY REGISTRATION OF VOTERS.

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

Section 1. Section 1-4-5.1 NMSA 1978 (being Laws 1993, Chapter 314, Section 7 and Laws 1993, Chapter 316, Section 7, as amended) is amended to read:

"1-4-5.1. METHOD OF REGISTRATION--FORM.--

A. A qualified elector may apply for registration before election day by mail or in the office of the county clerk.

B. Certificate of registration forms may be requested from the secretary of state or any county clerk in person, by telephone or by mail for oneself or for others.

C. Except as provided in Subsection D of this section, a qualified elector who wishes to register to vote shall fill out completely and sign the certificate of registration. The qualified elector may seek the assistance of any person in completing the certificate of registration.

D. A qualified elector who has filed for an order of protection pursuant to the provisions of the Family Violence Protection Act and who presents a copy of that order from a state or tribal court to the registration officer shall not be required to provide address information on the certificate of registration.

E. Completed certificates of registration may be mailed or presented in person by the registrant or any other person to the secretary of state or presented in person by the registrant or any other person to the county clerk of the county in which the registrant resides.

F. [If the registrant wishes to vote in the next election] The completed and signed certificate of registration shall be delivered or mailed and postmarked at least twenty-eight days before the election.

G. Upon receipt of a certificate of registration, the secretary of state shall send the certificate to the county clerk in the county where the qualified elector resides.

H. Only when the certificate of registration is properly filled out, signed by the qualified elector and accepted for filing by the county clerk as evidenced by his signature or stamp and the date of acceptance thereon and when notice has been received by the registrant shall it constitute an official public record of the registration of the qualified elector.

I. The secretary of state shall prescribe the form of the certificate of registration, which shall be a postpaid mail-in format and shall be printed in Spanish and English. The certificate of registration form shall be clear and understandable to the average person and shall include brief but sufficient instructions to enable the qualified elector to complete the form without assistance."

Section 2. A new section of the Election Code, Section 1-4-5.3 NMSA 1978, is enacted to read:

"1-4-5.3. [NEW MATERIAL] METHOD OF ELECTION DAY REGISTRATION.--

A. A qualified elector may register to vote on election day, provided the qualified elector:

(1) appears in person at the precinct in which the elector maintains residence;

(2) presents proof of residence to the election judge; and

(3) executes a sworn statement or affirmation stating that to the best of his knowledge he is a qualified elector whose residence is within the boundaries of the precinct in which he is offering to vote.

B. For the purposes of this section, proof of residence may be shown by presenting:

(1) a valid New Mexico driver's license, provisional driver's license or identification card issued by the state of New Mexico; or

(2) an original utility bill due and payable within thirty days of the election day that indicates the qualified elector's name and current address, and one of the following:

(a) a United States passport;

(b) a United States military identification; or

(c) a student identification card issued by a post-secondary educational institution located in New Mexico, provided that the card contains a picture and the name of the qualified elector.

C. The certificate of registration shall be delivered with the election returns to the county clerk of the county in which the registrant resides.

D. The secretary of state shall prescribe the form of the certificate of registration and rules for election day registration.

E. Nothing in this section permits a qualified elector to change on election day an existing certificate of registration."

Section 3. Section 1-5-12 NMSA 1978 (being Laws 1969, Chapter 240, Section 114, as amended by Laws 1993, Chapter 314, Section 37 and also by Laws 1993, Chapter 316, Section 37) is amended to read:

"1-5-12. VOTER WHOSE NAME IS NOT ON LIST OR ROSTER.--

A. A voter whose name does not appear on the voter list and signature roster for the precinct in which he offers to vote shall be permitted to vote in [such] the precinct, provided the voter meets the requirements specified in Section 1-4-5.3 NMSA 1978, or specified in the Election Code for voting on a voter's copy of a certificate of registration, or has in his possession a certificate of eligibility bearing the seal and signature of the county clerk stating that the voter's original certificate of registration is in the county register of that county wherein [such] the precinct is located.

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] A 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 [under this section] shall be permitted."