SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
SENATE BILL 643
52nd legislature - STATE OF NEW MEXICO - first session, 2015
AN ACT
RELATING TO ELECTIONS; CHANGING REQUIREMENTS AND PROCEDURES FOR VOTER REGISTRATION; PROVIDING PROCEDURES AND REQUIREMENTS FOR REGISTRATION BY ELECTRONIC MEANS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-4-18.1 NMSA 1978 (being Laws 2013, Chapter 91, Section 1) is amended to read:
"1-4-18.1. ONLINE VOTER REGISTRATION [UPDATES].--
[A. In addition to updating a certificate of registration in person or by mail, a voter may in accordance with the provisions of Sections 1-4-15 through 1-4-18 NMSA 1978 update an existing certificate of registration electronically by completing a certificate of registration form on the secretary of state's web site. Upon receipt of an updated certificate of registration, the secretary of state shall transmit the certificate to the county clerk of the county in which the registrant resides, and the county clerk shall print the updated certificate, file it in the county's register of voters and enter it into the statewide voter file.
B. A certificate of registration updated electronically shall be electronically authenticated by the registrant using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act. A certificate of registration that is electronically authenticated in accordance with the provisions of this subsection shall be deemed to have been subscribed and sworn to by the registrant.
C. The secretary of state shall ensure that the web site used for electronic registration is secure and that the confidentiality of all users and integrity of data submitted are preserved. The secretary of state shall implement the provisions of this section no later than June 30, 2015.]
A. A person may complete a certificate of registration in person or by mail. In addition, the secretary of state shall, not later than January 1, 2016, allow a voter to submit an update to an existing certificate of registration and, not later than July 1, 2017, allow a qualified elector to submit a new certificate of registration form electronically through a web site authorized by the secretary of state or through any computer system maintained by a state agency for electronic voter registration that is approved by the secretary of state; provided that the person is qualified to register to vote and has a current or expired New Mexico driver's license or state identification card issued by the motor vehicle division of the taxation and revenue department.
B. An online certificate of registration form shall
contain all of the information that is required for a paper
form. The person shall also be required to provide the person's full New Mexico driver's license number or state identification card number.
C. When a person submits a new certificate of registration or an update to an existing certificate of registration, the person shall mark the box associated with the following statement included as part of the electronic certificate of registration form:
"By clicking the boxes below, I swear or affirm all of the
following:
□ I am the person whose name and identifying
information is provided on this form, and I desire to register to vote in the state of New Mexico; and
□ all of the information that I have provided on this form is true and correct as of the date I am submitting this form.".
D. Prior to January 1, 2016, the secretary of state, in conjunction with the county clerks of the state, shall adopt rules establishing a uniform and nondiscriminatory process to match the information contained in the voter registration election management system with the database of the motor vehicle division of the taxation and revenue department or the federal social security administration for electronic certificates of registration updates completed pursuant to this section.
E. Prior to January 1, 2017, the secretary of state, in conjunction with the county clerks of the state, shall adopt rules establishing a uniform and nondiscriminatory process to match the information contained in the voter registration election management system with the database of the motor vehicle division of the taxation and revenue department or the federal social security administration for all electronic certificates of registration completed pursuant to this section.
F. Electronically submitted certificate of registration application forms shall retain the dates of
submission by the qualified elector and of acceptance by the county clerk.
G. For purposes of deadlines contained in the Election Code, the time and date of the submission by the qualified elector shall be considered the time and date when the certificate of registration is received by the county clerk.
H. The secretary of state shall ensure that the web
sites used for electronic voter registration are secure and
that the confidentiality of all users and the integrity of data
submitted are preserved."
SECTION 2. Section 1-5-30 NMSA 1978 (being Laws 1989, Chapter 298, Section 1, as amended) is amended to read:
"1-5-30. SECRETARY OF STATE--ESTABLISHMENT OF STATEWIDE COMPUTERIZED VOTER REGISTRATION SYSTEM.--
A. The secretary of state shall develop, implement, establish and supervise a statewide computerized voter registration system that complies with the federal Help America Vote Act of 2002 to facilitate voter registration and to provide a central database containing voter registration information for New Mexico.
B. The statewide computerized voter registration system shall:
(1) provide for the establishment and maintenance of a central database for all voter registration information;
(2) permit the offices of all county clerks to add, modify and delete county information from the system to provide for accurate and up-to-date records;
(3) permit the offices of the county clerks and the bureau of elections to have access to the central database for review and search capabilities;
(4) provide security and protection for all information in the central database and monitor the central database to ensure the prevention of unauthorized entry;
(5) provide procedures for the electronic receipt of voter registration application and update information, including digitized and electronic signatures, photographs and other data provided by the motor vehicle division of the taxation and revenue department or the federal social security administration;
[(5)] (6) provide procedures for entering data into the central database; and
[(6)] (7) provide a centralized system for each county to enter the precinct to which a voter should be assigned for voting purposes."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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