SENATE BILL 32
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Gregg Schmedes
AN ACT
RELATING TO ELECTIONS; PROHIBITING THE SHARING OF EARLY AND ABSENTEE VOTER INFORMATION WHILE AN ELECTION IS UNDERWAY; AMENDING SECTIONS OF THE ELECTION CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-4-5.5 NMSA 1978 (being Laws 1975, Chapter 255, Section 78, as amended) is amended to read:
"1-4-5.5. REQUESTS FOR VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS.--
A. The county clerk or secretary of state shall furnish voter data, mailing labels or special voter lists only upon written request to the county clerk or the secretary of state and after compliance with the requirements of this section; provided, however, all requesters shall be treated equally in regard to the charges and the furnishing of the materials.
B. In furnishing voter data, mailing labels or special voter lists, the county clerk or secretary of state shall not provide data or lists that include voters' social security numbers, codes used to identify agencies where voters have registered, a voter's day and month of birth, [or] voters' telephone numbers if prohibited by voters or information regarding a voter's request for or return or status of an absentee ballot or early vote while an election is underway.
C. Each requester of voter data, mailing labels or special voter lists shall sign an affidavit that the voter data, mailing labels and special voter lists shall be used for governmental or election and election campaign purposes only and shall not be made available or used for unlawful purposes.
D. The secretary of state shall prescribe the form of the affidavit.
E. As used in this section:
(1) "election campaign purposes" means relating in any way to a campaign in an election conducted by a federal, state or local government;
(2) "governmental purposes" means noncommercial purposes relating in any way to the structure, operation or decision-making of a federal, state or local government;
(3) "mailing labels" means prepared mailing labels of selected voters arranged in the order in which requested and providing only the name and address of the voter;
(4) "special voter list" means a prepared list of selected voters arranged in the order in which requested; and
(5) "voter data" means selected information derived from the voter file."
SECTION 2. Section 1-5-14 NMSA 1978 (being Laws 1969, Chapter 240, Section 118, as amended) is amended to read:
"1-5-14. FILE MAINTENANCE REPORTS--VOTER FILE
UPDATES.--
A. At least once a month, the secretary of state shall have made from the state voter file a file maintenance report of additions, deletions and changes, if any, to each of the county registers. The file maintenance report shall indicate whether each entry listed is an addition, deletion or change to the county register.
B. A digital version of the file maintenance report shall be stored by the secretary of state for at least one year.
C. Upon request, the secretary of state shall furnish an updated voter file to the state chair of each of the qualified political parties in the state. Upon request, the county clerk shall provide a file maintenance report or an updated voter file to the county chair of each of the qualified political parties in the county.
D. File maintenance reports and updated voter files shall be provided in a manipulable digital format and shall not include the voter's social security number, codes used to identify the agency where the voter registered, the voter's day and month of birth, the voter's email address, information regarding a voter's request for or return or status of an absentee ballot or early vote while an election is underway or, if prohibited by the voter, the voter's telephone number."
SECTION 3. Section 1-6-6 NMSA 1978 (being Laws 1969, Chapter 240, Section 132, as amended) is amended to read:
"1-6-6. BALLOT REGISTER.--
A. For each statewide election, the county clerk shall keep an "absentee ballot register", in which the county clerk shall enter:
(1) the name and address of each absentee ballot applicant;
(2) the date and time of receipt of the application;
(3) whether the application was accepted or rejected;
(4) the date of issue of an absentee ballot at an early voting location or the mailing of an absentee ballot to the applicant;
(5) the applicant's precinct;
(6) whether the applicant is a voter and whether the voter is a uniformed-service voter or an overseas voter;
(7) whether the voter is required to submit documentary identification pursuant to Section 1-6-5 NMSA 1978; and
(8) the date and time the completed mailed ballot was received from the voter by the county clerk or the absent voter registered a ballot early in person in the county clerk's office or at an alternate location. B. For each special election, the county clerk shall keep a "mailed ballot register", in which the county clerk shall enter:
(1) the name and address of each voter to whom a mailed ballot was sent;
(2) the date of mailing of a mailed ballot to the voter;
(3) the applicant's precinct;
(4) whether the voter is a uniformed-service voter or an overseas voter;
(5) whether the voter is required to submit a documentary identification pursuant to Section 1-6-5 NMSA 1978; and
(6) the date and time the completed mailed ballot was received from the voter by the county clerk.
C. Beginning the day after an election, each ballot register is a public record open to public inspection in the county clerk's office during regular office hours. The county clerk shall have an updated ballot register available for public inspection Monday through Friday during regular office hours.
D. The county clerk shall deliver to the absent voter election board on election day a complete list of all absentee ballot applicants and early voters with applicable information shown in the absentee ballot register for each applicant and early voter up to 6:00 p.m. on the Saturday preceding a statewide election. The county clerk shall deliver a signature roster containing the same information as the lists to the absent voter election board.
E. Upon request by a candidate or chair of a political party participating in a partisan election in the county, the county clerk shall transmit to the candidate or county chair [of each of the political parties participating in a partisan election in the county a complete] a copy of entries made in the absentee ballot register, excluding the name and address of any voter. Such transmissions shall be made once each week beginning four weeks immediately prior to the election. A final copy with voter names and addresses shall be transmitted on the Saturday immediately following the election.
[F. If the county clerk has available the technology to do so, at the request of a candidate or chair of a political party of the county, the county clerk shall electronically transmit to the candidate or chair via the internet the information, when updated, on the absentee ballot register indicating voters who have requested absentee ballots, returned their absentee ballots or voted early in person.]"
SECTION 4. Section 1-11-13 NMSA 1978 (being Laws 1969, Chapter 240, Section 223, as amended) is amended to read:
"1-11-13. INDEX OF VOTERS.--Upon the written request of a qualified political party, a candidate, an election-related organization or an election observer, the secretary of state shall send to the requester an index of all voters and their addresses, their party affiliation, their precinct, their voter history and their unique identifier [and their early or absentee voting status in any election currently underway]. Each index shall be certified by the secretary of state as being an accurate listing of all voters in each requested county. The written request shall specify whether the information is to be received electronically or on paper, the electronic or physical delivery address, the time period during which the information is to be received, the frequency of receiving the information and the method of payment."
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