HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE BILL 84
54th legislature - STATE OF NEW MEXICO - first session, 2019
AN ACT
RELATING TO ELECTIONS; PROVIDING FOR THE AUTOMATIC VOTER REGISTRATION AND UPDATING OF QUALIFIED ELECTORS AT THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT AND CERTAIN OTHER STATE AGENCIES; REPEALING SECTION 1-4-5.2 NMSA 1978 (BEING LAWS 1995, CHAPTER 198, SECTION 3).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-4-47 NMSA 1978 (being Laws 1991, Chapter 80, Section 4, as amended) is amended to read:
"1-4-47. DRIVER'S LICENSE VOTER REGISTRATION.--
A. Every person who is a qualified elector and is applying for a driver's license or identification card, or to renew or update a driver's license or [for an] identification card shall, if qualified to register to vote, [with the consent of the applicant] be simultaneously automatically registered to vote, or shall have an existing voter registration automatically updated, unless the person declines to register or to update the person's registration during the application process.
B. The secretary of taxation and revenue shall select certain employees of the motor vehicle division of the taxation and revenue department or employees of entities on contract to provide immediate field services to the motor vehicle division to provide assistance to any applicant requesting voter registration assistance.
C. Every motor vehicle division office, field office or contract field office of the division shall display within the offices clearly visible signs stating "voter registration assistance available" and shall ensure that:
(1) [personnel in each office shall advise each person who is a qualified elector and an applicant for licensure or renewal or for an identification card that initial voter registration or a change of address for voter registration may be made simultaneously with the motor vehicle application] the application for issuance or renewal of a driver's license or identification card contains a notice that the information provided on the application will be used to automatically register the applicant to vote or to automatically update the applicant's voter registration, unless the applicant specifically declines to register or to update the applicant's voter registration during the application process;
(2) each person who is a qualified elector and an applicant for a driver's license or identification card, or a renewal of a driver's license or identification card, is offered an opportunity during the application process to decline to register to vote or to update the person's voter registration;
(3) the application for issuance or renewal of a driver's license or identification card contains a notice that an applicant who is a victim of domestic violence or stalking may decline to register to vote or to update the applicant's voter registration under this section, but may register to vote without publicly disclosing the applicant's street address pursuant to the Confidential Substitute Address Act;
[(2)] (4) voter registration shall be conducted in a manner such that the applicant completes the full certificate of registration electronically; and
[(3)] (5) the applicant's digital signature shall be affixed to the certificate of registration using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act.
D. [A motor vehicle division employee or contractor] No person who issues or renews a driver's license or identification card shall [not] intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act. [A motor vehicle division employee or contractor] No person who issues or renews a driver's license or identification card shall [not] reveal the existence of or the nature of the voter registration to anyone other than a registration officer.
E. Any voter registration made or [accepted at a motor vehicle division office or motor vehicle division field office] updated at any office, including a field office, of the motor vehicle division or a contractor of the motor vehicle division shall be transmitted to the secretary of state and the appropriate registration officer within seven calendar days.
F. The secretary of state shall work with the motor vehicle division to:
(1) ensure compliance in the application of the provisions of this section with the federal National Voter Registration Act of 1993;
(2) ensure consistent implementation in the various counties, based on county classification and developing technology; and
(3) develop procedures to ensure that, once voter registration information is transmitted to the appropriate registration officer, the voter's certificate of registration is printed and placed in the county's register of voters.
G. If a person who is not entitled to vote becomes registered to vote pursuant to this section, that registration shall not be valid, and the county clerk shall remove the registration from the register of voters."
SECTION 2. Section 1-4-48 NMSA 1978 (being Laws 1995, Chapter 198, Section 13, as amended) is amended to read:
"1-4-48. AGENCY REGISTRATION--AGENCY AUTOMATIC VOTER REGISTRATION.--
A. The secretary of state shall adopt and publish in accordance with the State Rules Act rules for the administration of a state-agency-based voter registration program. The rules shall provide for distribution of voter registration forms, provisions for the acceptance of voter registration forms and procedures for reporting voter registration activity in accordance with the federal National Voter Registration Act of 1993.
B. Voter registration shall be made available at all state agencies providing public assistance or services to people with disabilities. The secretary of state may, with the agreement of those offices, designate other state and local public offices to provide voter registration services.
C. Each state agency participating in the voter registration program shall maintain sufficient records for the secretary of state to comply with federal voter registration reporting requirements and the federal Help America Vote Act of 2002. Any records maintained by a state agency regarding voter registration activities in that agency are confidential and shall not be released as public records.
D. Any voter registration made or accepted at a state agency pursuant to this section shall be transmitted to the appropriate registration officer within [ten] seven calendar days.
E. A state agency employee or agency contractor who participates in the voter registration process may not intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act. A state agency employee or agency contractor who participates in the voter registration process may not reveal the existence of or the nature of the voter registration to anyone other than a registration officer.
F. A person who is a qualified elector and completes an application to register to vote or to update the person's voter registration at an automatic voter registration agency shall automatically be registered to vote or to have the person's voter registration updated unless the person declines. A person who is a qualified elector shall be provided the opportunity to decline to register to vote or to update the person's registration prior to automatically being registered to vote or having the person's registration updated.
G. Upon receiving a request for services or assistance to register to vote or update voter registration at an automatic voter registration agency, the automatic voter registration agency shall provide:
(1) notice that, if the applicant is eligible to register to vote or to have the applicant's voter registration updated, the information provided on the application will be used to register the applicant to vote or to update the applicant's registration, unless the applicant specifically declines;
(2) each person with an opportunity during the application process to decline voter registration or to have the person's voter registration updated; and
(3) notice that an applicant who is a victim of domestic violence or stalking may decline to register to vote or to update the applicant's voter registration under this section, but may register to vote without publicly disclosing the applicant's street address pursuant to the Confidential Substitute Address Act.
H. Voter registration or updating of voter registration under this section shall be conducted in a manner such that the:
(1) applicant completes the full certificate of registration electronically; and
(2) applicant's digital signature is affixed to the certificate of registration using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act.
I. If a person who is not entitled to vote becomes registered to vote pursuant to this section, that registration shall not be valid, and the county clerk shall remove the registration from the register of voters.
J. Each year, the secretary of state shall conduct a review of each agency not already designated as an automatic voter registration agency to determine whether designation is appropriate. The secretary of state shall designate each such agency that collects information or documents that would provide proof of eligibility to vote unless the secretary of state determines that there are compelling reasons why automatic voter registration is not feasible at the agency. If the secretary of state determines that there are compelling reasons why automatic voter registration is not feasible at an agency, the secretary of state shall prepare a report explaining those reasons, provide that report to the legislative council service and provide a presentation to the appropriate interim legislative committee by the end of October in the calendar year in which that determination is made.
K. The secretary of state shall adopt and publish rules in accordance with the State Rules Act for the administration of automatic voter registration and voter registration updating at automatic voter registration agencies. The rules shall provide for registration and updating in accordance with the National Voter Registration Act of 1993, the Help America Vote Act of 2002 and this 2019 act.
L. The secretary of state shall work with each automatic voter registration agency to take appropriate measures to educate the public about automatic voter registration and updating under this section.
M. As used in this section, "automatic voter registration agency" means:
(1) the taxation and revenue department;
(2) the human services department; and
(3) any other state agency that the secretary of state designates; provided that the secretary of state may only designate an agency as an automatic voter registration agency after verifying that the agency collects information or documents that would provide proof of eligibility to vote."
SECTION 3. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] ANNUAL AUDIT--COUNTY VOTER LIST.--The secretary of state shall conduct an annual audit to identify persons who are not entitled to vote but who are registered to vote. The secretary of state shall provide a list to the county clerk of persons in that county who are not entitled to vote but who are registered to vote. The county clerk shall remove from the county voter list persons who are not entitled to vote but who are registered to vote no later than one hundred twenty days prior to a statewide general election."
SECTION 4. REPEAL.--Section 1-4-5.2 NMSA 1978 (being Laws 1995, Chapter 198, Section 3) is repealed.
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.
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