HOUSE BILL 1153
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Jose A. Campos
AN ACT
RELATING TO ELECTIONS; ELIMINATING OUTDATED VOTING MACHINE STANDARDS; REMOVING SOME REFERENCES TO EMERGENCY PAPER BALLOTS IN THE ELECTION CODE; CHANGING REFERENCES TO VOTING MACHINES IN CERTAIN SECTIONS OF LAW; PROVIDING FOR VOTING IN EMERGENCY SITUATIONS; AMENDING AND REPEALING SECTIONS OF THE ELECTION CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 1-12-25.1 NMSA 1978 (being Laws 1991, Chapter 105, Section 30) is amended to read:
"1-12-25.1. PROCEDURES FOR VOTING ON [LEVER] ELECTRONIC [AND MARKSENSE VOTING MACHINES] VOTE TABULATOR SYSTEMS.--[A.] A voter voting on [a lever type machine] an electronic vote tabulator system shall:
[(1) enter the machine and push the red handle to the left to close the curtain;
(2) set the pointer directly under the candidate's name or question on which he desires to vote; and
(3) make all selections and pull the red handle to the right to open the curtain and record his vote.
B. A voter voting on a direct recording electronic machine shall:
(1) enter the machine;
(2) press the square to the right of the candidate's name or question on which he desires to vote; and
(3) make all selections and press the vote button in the lower right hand corner of the voting machine to record his vote.
C. A voter voting on a marksense machine shall
(1)] A. receive a ballot issued by the precinct board;
[(2)] B. take the ballot to a voting booth and, with the [pencil] writing utensil provided, mark it by [completing the arrow to the right of] filling in the circle next to the candidate's name or next to the answer to the question [on] for which [he] the voter desires to vote; and
[(3) make all selections and] C. feed the ballot into the [machine] electronic vote tabulator to record [his] the vote."
Section 2. Section 1-12-43 NMSA 1978 (being Laws 1977, Chapter 222, Section 46) is amended to read:
"1-12-43. EMERGENCY SITUATIONS [EMERGENCY PAPER BALLOTS--WHEN USED].--
A. If any voting [machine] system becomes disabled while being used to the extent that any voter is unable to cast a vote for all the candidates or questions of [his] the voter's choice and have such vote recorded by the [machine] voting system, it shall be repaired, if possible, or another voting [machine] system shall be promptly substituted.
B. The board of county commissioners shall appropriate funds for servicing, repairing and substituting voting [machines] systems that become disabled.
C. If a disabled voting [machine] system cannot be repaired in a reasonable length of time and if there are no other voting [machines] systems available for substitution, the presiding judge shall order [emergency paper] marked ballots to be [substituted and used] collected and securely preserved until they may be tabulated pursuant to rules promulgated by the secretary of state.
D. A voter shall not be denied the opportunity to mark a ballot for later tabulation due to the lack of a functioning voting system.
[D.] E. The county clerk shall provide additional [emergency paper] ballots if needed and when requested by the precinct board."
Section 3. Section 1-12-45 NMSA 1978 (being Laws 1977, Chapter 222, Section 48, as amended) is amended to read:
"1-12-45. [EMERGENCY SITUATIONS--EMERGENCY PAPER] BALLOTS--FORM FOR PRIMARY.--[A. Emergency paper] Ballots used in the primary election by each party shall be [set up on the ballot paper as follows:
(1) across the top shall be printed the words, "OFFICIAL PRIMARY ELECTION BALLOT";
(2) on the next line shall be printed the name of the qualified political party and the date of the primary election;
(3) on the next line shall be printed the name of the county in which the ballot is used;
(4) on the next line shall be printed the words, "To vote for a person, mark either a cross (X) or a check (V) in the box at the right of the name of each person for whom you desire to vote.";
(5) thereafter, there shall be printed consecutively the designated office and to the extreme right of that same line shall be printed the words, "Vote For", then the words, "one", "two" or another spelled number designating how many persons under that office are to be voted for;
(6) following and below the designation of office there shall be printed the name of each candidate for that office, with a box directly opposite and to the right of the name wherein the voter may make his cross (X) or check (V). The names of the candidates shall be printed on equal margin, one under another, and in the order and manner provided by law. The boxes following each name shall be of the same size and each shall not be more than one-sixth of an inch apart; and
(7) the name of each office for which candidates are to be nominated along with the candidates' names shall be separated from the succeeding office and list of candidates on the emergency paper ballot by a heavy black line to designate that office clearly.
B. The emergency paper ballot used in the primary election shall have no other printing or distinguishing mark on the ballot, except at the bottom shall appear the facsimile signature of the county clerk and the words in bold, black type, "OFFICIAL PRIMARY ELECTION BALLOT".
C. Emergency paper ballots used in the primary election shall be numbered consecutively by party] in the form prescribed by the secretary of state."
Section 4. Section 1-12-46 NMSA 1978 (being Laws 1977, Chapter 222, Section 49) is amended to read:
"1-12-46. [EMERGENCY SITUATIONS--EMERGENCY PAPER] BALLOTS--FORM FOR GENERAL ELECTION.--[Emergency paper] Ballots used in the general election shall be in the form prescribed by the secretary of state. [and shall conform to the following requirements:
A. each emergency paper ballot shall have printed thereon the name of each candidate whose certificate of nomination has been filed according to the Election Code, and no other names;
B. the names of each party's candidates shall be printed on the ballot in the column under the party name and emblem, and the name of each candidate shall be printed under the title of the office for which he has been nominated. No party name or emblem shall appear on the emergency paper ballot unless certificates thereof have been filed as provided by the Election Code;
C. there shall be printed on the top of each emergency paper ballot the following:
"OFFICIAL GENERAL ELECTION BALLOT
Election held ______________________________ (insert date)"; and
D. there shall be printed on the bottom of each ballot the following:
"OFFICIAL GENERAL ELECTION BALLOT"
followed by a facsimile signature of the county clerk.]"
Section 5. Section 1-12-51 NMSA 1978 (being Laws 1977, Chapter 222, Section 54) is amended to read:
"1-12-51. [EMERGENCY SITUATIONS] UNAUTHORIZED RECEIPT OR DELIVERY OF [EMERGENCY PAPER] BALLOT.--Unless otherwise provided by law, a voter shall not receive [an emergency paper] a ballot from any person other than from a member of the precinct board of the polling place where [he] the voter is authorized to vote. No person other than a member of the precinct board or officer authorized by law shall deliver [an emergency paper] a ballot to any voter."
Section 6. Section 1-12-57 NMSA 1978 (being Laws 1977, Chapter 222, Section 60) is amended to read:
"1-12-57. [EMERGENCY SITUATIONS--EMERGENCY PAPER] BALLOTS--PROCEDURE AFTER MARKING.--After marking and preparing [his emergency paper] a ballot, the voter:
[A. shall, before leaving the voting machine, fold his ballot so that the number on the ballot appears on the outside, without displaying the marks on its face, and he shall keep it folded until he has voted;
B.] A. shall not show it to any person in such a way as to reveal its contents; and
[C.] B. shall insert the ballot into the electronic vote tabulator or deliver it to the presiding judge [who shall then detach the visible number on the ballot, hand it to the voter, then deposit the emergency paper ballot in the ballot box in the presence of the voter] for tabulation."
Section 7. REPEAL.--Sections 1-6-9.1, 1-9-4.1, 1-9-15, 1-10-2.1, 1-11-5, 1-12-24, 1-12-38, 1-12-44, 1-12-48, 1-12-50, 1-12-52 through 1-12-56 and 1-12-63 NMSA 1978 (being Laws 1991, Chapter 105, Section 13, Laws 2001, Chapter 233, Section 15, Laws 1985, Chapter 207, Section 14, Laws 1991, Chapter 105, Section 16, Laws 1969, Chapter 240, Sections 215 and 278, Laws 1973, Chapter 358, Section 3 and Laws 1977, Chapter 222, Sections 47, 51, 53, 55 through 59 and 66, as amended) are repealed.
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