FIFTY-FIFTH LEGISLATURE HB 231/a
FIRST SESSION, 2021
March 18, 2021
Mr. President:
Your INDIAN, RURAL AND CULTURAL AFFAIRS COMMITTEE, to whom has been referred
HOUSE BILL 231, as amended
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. Strike Senate Rules Committee Amendments 4 and 5.
2. On pages 1 through 6, strike Sections 1 and 2 in their entirety and insert in lieu thereof the following new sections:
"SECTION 1. A new Section 1-3-7.2 NMSA 1978 is enacted to
read:
"1-3-7.2. [NEW MATERIAL] POLLING PLACES ON NATIVE AMERICAN
LANDS.--If, in an area that includes Indian nation, tribal or pueblo
lands, the president, governor or governing body of the Indian nation, tribe or pueblo has declared an emergency or has invoked emergency powers pursuant to other laws:
A. a polling place located on Indian nation, tribal or
pueblo land shall not be eliminated or consolidated with other
polling places, nor shall the days and times of voting be modified,
without the written agreement of the Indian nation, tribe or pueblo
where the polling place is located;
B. no later than ninety-eight days before a statewide
election without a court order and by means of a written request or
no later than forty-nine days before a statewide election with a
court order, the county clerk shall provide to an Indian nation,
tribe or pueblo that has not previously requested for that election
cycle at least one alternate voting or mobile alternate voting
location for that election; provided the alternate voting or mobile
alternate voting location otherwise complies with the requirements
of Section 1-6-5.8 NMSA 1978;
C. no later than eighty-four days before a statewide
election without a court order and by means of a written request or
no later than thirty-five days before a statewide election with a
court order, the county clerk shall provide an election day polling
place to an Indian nation, tribe or pueblo that does not already
have an election day polling place within its boundaries if voters
registered within the Indian nation, tribe or pueblo are unable to
leave the Indian nation, tribe or pueblo during the time when voting
occurs for a statewide election;
D. the requirement that a polling place be available to
all voters in the county is waived if an Indian nation, tribe or
pueblo is inaccessible or the borders are closed; and
E. all necessary and reasonable expenses by the county
clerk for compliance with this section shall be reimbursed by the
secretary of state."
SECTION 2. Section 1-3-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 58, as amended) is amended to read:
"1-3-8. PRECINCT CHANGES--NOTICE AND PUBLICATION.--
A. Upon the adoption of any resolution, or upon the final action of any district court upon a petition creating, abolishing, dividing or consolidating any precinct, or changing any precinct boundary, or changing any designated polling place, the board of county commissioners shall:
[A.] (1) send a certified copy of the resolution or court order to the secretary of state and to the county [chairman] chair of each of the major political parties; and
[B.] (2) publish once the resolution in a newspaper as provided in the Election Code.
B. A polling place located on Indian nation, tribal or pueblo lands shall not be eliminated or consolidated with other polling locations without the written agreement of the Indian nation, tribe or pueblo on which the polling place is located."".
___________________________________
SHANNON D. PINTO, CHAIR
Adopted_______________________ Not Adopted_______________________
(Chief Clerk) (Chief Clerk)
Date ________________________
The roll call vote was 6 For 0 Against
Yes: 6
No: 0
Excused: None
Absent: None
HB0231IC1.wpd .220950.1