0001| SENATE BILL 642
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| DIANNA J. DURAN
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0005|
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0006|
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0007|
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0008| FOR THE ELECTION CODE RECODIFICATION COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO ELECTIONS; MAKING TECHNICAL CHANGES AND
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0012| STANDARDIZING LANGUAGE THROUGHOUT THE ELECTION CODE; AMENDING
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0013| AND REPEALING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 1-1-6 NMSA 1978 (being Laws 1977,
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0017| Chapter 222, Section l) is amended to read:
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0018| "1-1-6. RECHECK AND RECOUNT.--As used in the Election
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0019| Code:
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0020| A. "recheck" [pertains to voting machines and]
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0021| means a verification procedure where the center counter
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0022| compartment door of the voting machine is opened and the
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0023| results of the balloting as shown on the counters of the
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0024| machine are compared with the results shown on the official
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0025| returns; and
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0001| B. "recount" [pertains to emergency paper ballots
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and absentee ballots and] means a retabulation and retallying
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0003| of individual ballots."
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0004| Section 2. Section 1-1-8 NMSA 1978 (being Laws 1969,
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0005| Chapter 240, Section 7, as amended by Laws 1993, Chapter 314,
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0006| Section 2 and also by Laws 1993, Chapter 316, Section 2) is
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0007| amended to read:
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0008| "1-1-8. ELECTION RETURNS.--As used in the Election Code,
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0009| "election returns" means the certificate of the precinct board
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0010| showing the total number of votes cast for each candidate, or
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0011| for or against each proposed constitutional amendment or other
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0012| question, and may include statements of canvass, signature
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0013| rosters, [poll books, tally books] checklist of registered
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0014| voters, machine printed returns and, in any canvass of returns
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0015| for county candidates, the original certificates of
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0016| registration in the possession of the county clerk, together
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0017| with the copies of certificates of registration in the office
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0018| of the county clerk."
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0019| Section 3. Section 1-1-14 NMSA 1978 (being Laws 1969,
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0020| Chapter 240, Section 14, as amended) is amended to read:
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0021| "1-1-14. PUBLICATION.--As used in the Election Code,
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0022| "publication", unless otherwise provided in the constitution of
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0023| New Mexico or the Election Code, means publication for the
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0024| required number of times in a newspaper of general circulation
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0025| in the county. "Publication in Spanish" means publication for
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0001| the required number of times [in an official Spanish language
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newspaper as set forth in Section 14-11-13 NMSA 1978 or any
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other Spanish language newspaper which meets the requirements
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of Section 14-11-2 NMSA 1978 if such newspaper exists in the
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county and is of general circulation in the county] in the
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0006| Spanish language in a newspaper of general circulation in the
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0007| county."
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0008| Section 4. Section 1-2-6 NMSA 1978 (being Laws 1969,
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0009| Chapter 240, Section 28, as amended) is amended to read:
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0010| "1-2-6. PRECINCT BOARD--APPOINTMENT--TERM.--
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0011| A. The county clerk [on or before fifty-five days
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next preceding the primary election] shall appoint the
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0013| precinct board for each precinct prior to an election.
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0014| [B. The members of the precinct board shall be
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appointed for a term of two years.
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C.] B. In the event of a vacancy in the office
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0017| of precinct board member by reason of death, removal from the
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0018| county, disqualification, refusal to serve or excusal by the
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0019| county clerk for sufficient cause, the county clerk shall
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0020| appoint a qualified person to fill the vacancy [for the
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unexpired term]."
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0022| Section 5. Section 1-2-7 NMSA 1978 (being Laws 1969,
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0023| Chapter 240, Section 29, as amended) is amended to read:
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0024| "1-2-7. PRECINCT BOARD--QUALIFICATION OF MEMBERS.--
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0025| A. In order to qualify as a member of the precinct
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0001| board, a person shall:
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0002| (1) be a resident of the [representative
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district and] county in which the precinct where he is a voter
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0004| is located;
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0005| (2) be able to read and write;
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0006| (3) have the necessary capacity to carry out
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0007| his functions with acceptable skill and dispatch; and
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0008| (4) execute the precinct board member's oath
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0009| of office.
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0010| B. No person shall be qualified for appointment or
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0011| service on a precinct board:
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0012| (1) who is a candidate for any federal, state,
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0013| district or county office;
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0014| (2) who is a spouse, parent, child, brother or
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0015| sister of any candidate [to be voted for at the election]
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0016| whose name will appear on the ballot at that election; or
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0017| (3) who is a sheriff, deputy sheriff, marshal,
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0018| deputy marshal or state or municipal policeman."
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0019| Section 6. Section 1-2-8 NMSA 1978 (being Laws 1975,
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0020| Chapter 255, Section 14, as amended) is amended to read:
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0021| "1-2-8. PRECINCT BOARD--LISTS FROM MAJOR POLITICAL
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0022| PARTIES.--
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0023| A. The county chairman of each of the major
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0024| political parties may file with the county clerk at least
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0025| thirty days before the date of appointment the names of not
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0001| [more than four voters for each precinct to be considered for
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appointment as a member of the precinct board. Such names
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shall be those of persons residing] less than two voters who
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0004| will serve as a member of a precinct board. A person chosen to
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0005| serve on a precinct board shall reside in the precinct to
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0006| which [they are to be] he is appointed and [who] shall
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0007| meet the qualifications required for a precinct board member.
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0008| The county chairman may indicate his order of preference for
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0009| each of the persons recommended for each precinct.
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0010| B. In the event the county chairman fails to
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0011| recommend members of the precinct board in the time required,
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0012| the county clerk may appoint the board."
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0013| Section 7. Section 1-2-11 NMSA 1978 (being Laws 1977,
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0014| Chapter 222, Section 5) is amended to read:
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0015| "1-2-11. PRECINCT BOARD--ASSIGNMENT.--Wherever possible,
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0016| the county clerk shall assign persons appointed as precinct
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0017| board members to serve in precincts [wherein] where they
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0018| reside [or in precincts located in the representative district
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wherein they reside]. In the event of a shortage or absence
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0020| of precinct board members in certain precincts, the county
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0021| clerk may, in the best interest of the election process, assign
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0022| appointed precinct board members to serve in any precinct in
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0023| the county, provided that [such] the appointed board
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0024| members shall not change the proportionate representation of
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0025| each party on the board."
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0001| Section 8. Section 1-2-14 NMSA 1978 (being Laws 1969,
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0002| Chapter 240, Section 34, as amended) is amended to read:
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0003| "1-2-14. PRECINCT BOARDS--NOTICE OF APPOINTMENT.--
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0004| A. Immediately after the appointment of the
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0005| precinct boards, the county clerk shall:
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0006| (1) make and certify a list of the names of
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0007| the appointees for each precinct, post the list in a
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0008| conspicuous and accessible place in his office and keep it
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0009| posted for five days and send a copy of the list by mail to the
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0010| county chairman of each major political party and to the
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0011| secretary of state; and
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0012| (2) by mail, notify each person appointed,
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0013| request his written acceptance and keep a record of all
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0014| notifications and acceptances. [The notice shall be
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accompanied by a copy of the instructions to the precinct
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board.]
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0017| B. If any person appointed to a precinct board
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0018| fails to accept the appointment [within two weeks after the
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notice was sent], the county clerk shall appoint another
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0020| qualified person for the precinct board."
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0021| Section 9. Section 1-2-20 NMSA 1978 (being Laws 1969,
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0022| Chapter 240, Section 39, as amended) is amended to read:
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0023| "1-2-20. MESSENGERS--COMPENSATION.--
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0024| A. The county clerk may appoint messengers to
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0025| deliver to presiding judges and to county clerks ballot
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0001| boxes, [poll books] signature rosters, checklists of
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0002| registered voters, keys, election supplies and other
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0003| materials pertaining to the election.
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0004| B. Messengers shall be paid mileage as provided in
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0005| the Per Diem and Mileage Act each way over the usually traveled
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0006| route. The mileage shall be paid within thirty days following
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0007| the date of election if funds are available for payment."
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0008| Section 10. Section 1-2-23 NMSA 1978 (being Laws 1969,
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0009| Chapter 240, Section 42, as amended) is amended to read:
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0010| "1-2-23. CHALLENGERS--PERMITTED ACTIVITIES.--
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0011| A. A challenger or alternate challenger, upon
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0012| presentation of his written appointment to the [precinct
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board] presiding judge, shall be permitted to be present
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0014| from the time the precinct board convenes at the polling place
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0015| until the completion of the counting and tallying of the
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0016| ballots after the polls close.
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0017| B. A challenger or alternate challenger, for the
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0018| purpose of interposing challenges, may:
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0019| (1) inspect the [registration book or]
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0020| precinct voter list for the purpose of determining whether he
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0021| desires to interpose a challenge;
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0022| (2) inspect the [poll books, registration
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book or] signature rosters or checklist of registered voters
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0024| to determine whether entries are being made in accordance with
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0025| the Election Code;
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0001| (3) examine each voting machine before the
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0002| polls are opened to compare the number on the metal seal and
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0003| the numbers on the counters with the numbers on the key
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0004| envelope and to see that all ballot labels are in their proper
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0005| places and that the voting machine is ready for voting at the
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0006| opening of the polls; and
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0007| (4) make in any polling place and preserve for
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0008| future reference written memoranda of any action or omission on
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0009| the part of any member of the precinct board."
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0010| Section 11. Section 1-2-25 NMSA 1978 (being Laws 1969,
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0011| Chapter 240, Section 44, as amended) is amended to read:
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0012| "1-2-25. CHALLENGERS--PROHIBITED ACTIVITIES.--
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0013| A. Challengers and alternate challengers shall not
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0014| be permitted to perform any duty of a precinct board member.
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0015| Challengers and alternate challengers shall not handle the
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0016| ballots, [poll books] signature rosters, checklist of
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0017| registered voters or voting machines or take any part in the
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0018| tallying or counting of the ballots.
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0019| B. Only one challenger or alternate challenger for
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0020| each political party in each precinct shall be permitted at one
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0021| time in the room in which the voting is being conducted.
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0022| C. Challengers shall not interfere with the orderly
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0023| conduct of the election."
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0024| Section 12. Section 1-2-26 NMSA 1978 (being Laws 1969,
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0025| Chapter 240, Section 45, as amended) is amended to read:
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0001| "1-2-26. CHALLENGERS--PENALTY.--The act of denying a
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0002| challenger or alternate challenger, who has presented his
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0003| written appointment to the precinct board, the right to be
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0004| present at the polling place, [or] denying him the right to
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0005| challenge voters and inspect the [registration books]
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0006| signature rosters [or poll books] or denying him the right to
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0007| witness the counting and tallying of ballots is a petty
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0008| misdemeanor."
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0009| Section 13. Section 1-2-29 NMSA 1978 (being Laws 1969,
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0010| Chapter 240, Section 48) is amended to read:
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0011| "1-2-29. WATCHERS--PERMISSIBLE AND UNPERMISSIBLE
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0012| ACTIVITIES.--
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0013| A. Upon presentation of his written appointment to
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0014| the [precinct board] presiding judge, a watcher may:
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0015| (1) be present from the time the precinct
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0016| board convenes at the polling place until the completion of the
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0017| counting and tallying of the ballots after the polls close;
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0018| (2) be permitted to observe that the election
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0019| is being conducted in accordance with the Election Code;
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0020| (3) examine any voting machine being used in
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0021| the precinct in the same manner that challengers may examine
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0022| the voting machines; and
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0023| (4) make in any polling place and preserve for
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0024| future reference written memoranda of any action or omission on
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0025| the part of any member of the precinct board charged with the
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0001| performance of a duty by the Election Code.
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0002| B. A watcher is subject to the same prohibitions
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0003| and restrictions as are placed upon challengers by the Election
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0004| Code."
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0005| Section 14. Section 1-2-30 NMSA 1978 (being Laws 1969,
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0006| Chapter 240, Section 49) is amended to read:
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0007| "1-2-30. WATCHERS--PENALTY.--The act of denying a
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0008| watcher, who has presented his written appointment to the
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0009| [precinct board] presiding judge, the right to be present
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0010| at the polling place, or denying him the right to witness the
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0011| counting and tallying of the ballots, is a petty misdemeanor."
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0012| Section 15. Section 1-3-6 NMSA 1978 (being Laws 1969,
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0013| Chapter 240, Section 56, as amended) is amended to read:
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0014| "1-3-6. PRECINCTS--BOUNDARIES--PROTEST.--
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0015| A. Any twenty-five or more [voters] qualified
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0016| electors of a precinct dissatisfied with the boundaries fixed
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0017| for a precinct or location of the polling place designated by
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0018| the board of county commissioners for that precinct may, at any
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0019| time not less than fifty-five days prior to any general
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0020| election, petition the district court of that county, setting
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0021| forth the facts and reasons for their dissatisfaction and
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0022| requesting that the board of county commissioners be required
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0023| by mandamus to change the boundaries or polling place as set
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0024| forth in the petition.
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0025| B. Upon filing of the petition, the court shall fix
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0001| a time and place for hearing, which time shall not be more than
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0002| twenty days from the date the petition was filed. Each member
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0003| of the board of county commissioners and the person whose name
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0004| appears first on the petition as a signer [thereof] shall
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0005| immediately be given notice by the court of the filing of the
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0006| petition and the date set for hearing.
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0007| C. On the date set for the hearing on the petition,
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0008| the court shall hear the evidence, decide the issues involved
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0009| and issue its order as the law and facts require."
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0010| Section 16. Section 1-3-7 NMSA 1978 (being Laws 1969,
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0011| Chapter 240, Section 57, as amended) is amended to read:
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0012| "1-3-7. POLLING PLACES.--
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0013| A. No less than one polling place shall be provided
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0014| for each precinct.
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0015| B. The board of county commissioners shall
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0016| designate as the polling place, or places as the case may be,
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0017| in each precinct the most convenient and suitable public
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0018| building or public school building in the precinct [that can
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be obtained].
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0020| C. If [no] a precinct does not have a public
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0021| building or public school building [is available] within
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0022| that precinct, the board of county commissioners shall provide
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0023| some other suitable place, which shall be the most convenient
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0024| and appropriate place obtainable in the precinct, considering
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0025| the purpose for which it is to be used pursuant to the Election
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0001| Code.
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0002| D. If [no] a precinct does not have a public
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0003| building or public school building [is available in the]
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0004| within that precinct and if there is no other suitable place
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0005| obtainable in the precinct, the board of county commissioners
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0006| may designate as a polling place for the precinct the most
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0007| convenient and suitable building or public school building
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0008| nearest to that precinct that can be obtained. [Provided, no]
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0009| A polling place shall not be designated outside the
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0010| boundary of the precinct as provided in this subsection until
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0011| [such] that designated polling place is approved by written
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0012| order of the district court of the county in which the precinct
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0013| is located.
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0014| E. Upon application of the board of county
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0015| commissioners, the governing board of any school district shall
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0016| permit the use of any school building or a part thereof for
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0017| registration purposes and the conduct of any election;
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0018| provided, however, that the building or the part used for the
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0019| election complies with the standards set out in the federal
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0020| Voting Accessibility for the Elderly and Handicapped Act
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0021| (Public Law 98-435).
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0022| F. Public schools may be closed for elections at
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0023| the discretion of local school boards."
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0024| Section 17. Section 1-3-7.1 NMSA 1978 (being Laws 1984,
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0025| Chapter 76, Section 1, as amended) is amended to read:
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0001| "1-3-7.1. ADDITIONAL POLLING PLACES.--In the interest of
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0002| the convenience of the voters and providing accessibility to
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0003| the polling place, the board of county commissioners may create
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0004| additional polling places within the precinct upon [their]
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0005| its own action or upon receipt of a petition signed by at
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0006| least [ten] twenty-five percent of the registered voters of
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0007| the precinct so requesting."
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0008| Section 18. Section 1-3-18 NMSA 1978 (being Laws 1989,
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0009| Chapter 199, Section 1) is amended to read:
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0010| "1-3-18. POLLING PLACES--BUILDING REQUIREMENTS--
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0011| INSPECTION.--
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0012| A. No building used as a polling place for the
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0013| conduct of an election in any class A county shall house:
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0014| (1) more than four precinct polling places in
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0015| the conduct of any single election; and
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0016| (2) more than two precinct polling places in
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0017| any single room.
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0018| B. The restrictions set forth in Subsection A of
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0019| this section may be waived with the approval of the director of
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0020| the state bureau of elections.
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0021| C. The location of each precinct polling place
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0022| within the building shall be clearly designated by appropriate
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0023| signs, prominently and clearly displayed [at a height no less
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than six feet from the floor]. Signs for each precinct polling
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0025| place shall also be clearly displayed outside the building
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0001| where polling takes place.
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0002| D. Not less than thirty days prior to any election
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0003| at which the building is intended for use as a polling place,
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0004| the county clerk or his designated representative shall
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0005| physically inspect each [such] facility to determine its
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0006| suitability for precinct polling places and its capability of
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0007| handling heavy voter traffic in the most expeditious manner
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0008| with a maximum efficiency and minimum discomfort of the voter.
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0009| In the event the building is found to meet these standards, the
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0010| county clerk shall certify for the record its acceptability.
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0011| E. Each polling place will be furnished and have
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0012| available equipment necessary to [assist voters in reading the
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ballot] conduct the election."
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0014| Section 19. Section 1-4-15 NMSA 1978 (being Laws 1969,
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0015| Chapter 240, Section 71, as amended) is amended to read:
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0016| "1-4-15. REGISTRATION--CHANGE OF PARTY AFFILIATION.--
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0017| A. A voter may change his designated party
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0018| affiliation by executing a certificate of registration for
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0019| change of party affiliation.
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0020| B. A voter who has previously declined to designate
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0021| a party affiliation but who desires to designate a party
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0022| affiliation shall [make an original designation of party
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affiliation by executing] execute a certificate of
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0024| registration [for designation of] indicating his new party
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0025| affiliation and file it with the county clerk."
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0001| Section 20. Section 1-4-16 NMSA 1978 (being Laws 1969,
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0002| Chapter 240, Section 72, as amended by Laws 1993, Chapter 314,
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0003| Section 15 and also by Laws 1993, Chapter 316, Section 15) is
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0004| amended to read:
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0005| "1-4-16. REGISTRATION--WHEN PARTY AFFILIATION SHALL NOT
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0006| BE MADE.--
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0007| A. No designation of party affiliation shall be
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0008| made or changed on an existing certificate of registration at
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0009| any time during which registration is closed, or if the voter
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0010| has voted early or by absentee ballot.
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0011| B. Every person appearing as a candidate on the
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0012| primary or general election ballot shall be a candidate only
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0013| under the name and party affiliation designation appearing on
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0014| his existing certificate of registration on file in the county
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0015| clerk's office on the date of the governor's proclamation of a
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0016| primary election."
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0017| Section 21. Section 1-4-17 NMSA 1978 (being Laws 1969,
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0018| Chapter 240, Section 73, as amended by Laws 1993, Chapter 10,
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0019| Section 1 and by Laws 1993, Chapter 314, Section 16 and also by
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0020| Laws 1993, Chapter 316, Section 16) is amended to read:
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0021| "1-4-17. REGISTRATION--CHANGE OF RESIDENCE WITHIN SAME
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0022| COUNTY.--
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0023| A. A voter who has changed his residence within the
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0024| same county shall complete a certificate of registration to
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0025| change his registered residence address or file a change of
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0001| residence notification with the county clerk on a form approved
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0002| by the secretary of state.
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0003| B. No change of registered residence address shall
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0004| be made in any period during which registration is closed or
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0005| if the voter has voted early; however, the county clerk may
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0006| accept applications for such change but shall not process them
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0007| until the registration period is open.
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0008| C. The application for or notification of change
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0009| of registered residence shall be filed with the county clerk,
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0010| and the previous registration shall be retained for six years
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0011| in a file established for that purpose."
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0012| Section 22. Section 1-4-30 NMSA 1978 (being Laws 1969,
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0013| Chapter 240, Section 86, as amended by Laws 1993, Chapter 314,
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0014| Section 26 and also by Laws 1993, Chapter 316, Section 26) is
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0015| amended to read:
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0016| "1-4-30. CANCELLATION OF REGISTRATION--VOTER'S REQUEST.--
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0017| A. The county clerk shall cancel a certificate of
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0018| registration only upon the request of a voter [only for the
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following reasons:
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(1) when the voter changes his registered
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residence address to another county within the state; and
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(2) when the voter moves to another state].
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0023| B. [An application by] A request by a voter to
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0024| cancel his registration shall be [in writing and subscribed
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before a registration officer or a person authorized to
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administer oaths or on a form prescribed by the secretary of
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state] submitted in writing to the county clerk.
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0003| C. Upon receipt of the written request for
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0004| cancellation of registration, the county clerk shall cancel the
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0005| voter's registration and shall [forthwith] immediately mail
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0006| to [such] the person a notice of [such] the
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0007| cancellation and the date of cancellation.
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0008| D. The voter's certificate of registration shall be
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0009| deemed canceled upon receipt by the county clerk of the
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0010| voter's written request [therefor and when such request is
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for the reasons specified in Subsection A of this section]."
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0012| Section 23. Section 1-6-4 NMSA 1978 (being Laws 1969,
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0013| Chapter 240, Section 130, as amended by Laws 1993, Chapter 19,
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0014| Section 2 and by Laws 1993, Chapter 20, Section 1 and by Laws
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0015| 1993, Chapter 21, Section 2 and by Laws 1993, Chapter 314,
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0016| Section 42 and also by Laws 1993, Chapter 316, Section 42) is
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0017| amended to read:
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0018| "1-6-4. ABSENTEE BALLOT APPLICATION.--
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0019| A. Application by a federal qualified elector for
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0020| an absentee ballot shall be made on the official postcard form
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0021| prescribed [or authorized by the federal government to the
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county clerk of the county of his residence] in accordance
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0023| with the federal Uniformed and Overseas Citizens Absentee
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0024| Voting Act.
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0025| B. Application by a voter for an absentee ballot
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0001| shall be made only on a form prescribed, printed and furnished
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0002| by the secretary of state to the county clerk of the county in
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0003| which he resides. The form shall identify the applicant and
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0004| contain information [to establish his qualification] for
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0005| issuance of an absentee ballot under the Absent Voter Act.
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0006| C. Each application for an absentee ballot shall be
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0007| subscribed by the applicant.
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0008| D. Any major party may furnish an application for
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0009| an absentee ballot to a voter on a form prescribed by the
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0010| secretary of state."
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0011| Section 24. Section 1-6-5 NMSA 1978 (being Laws 1969,
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0012| Chapter 240, Section 131, as amended by Laws 1993, Chapter 314,
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0013| Section 43 and also by Laws 1993, Chapter 316, Section 43) is
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0014| amended to read:
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0015| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF
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0016| BALLOT [MAKING] MARKING AND DELIVERY OF BALLOT IN PERSON.--
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0017| A. The county clerk shall mark each completed
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0018| absentee ballot application with the date and time of receipt
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0019| in the clerk's office and enter the required information in the
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0020| absentee ballot register. The county clerk shall then
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0021| determine if the applicant is a voter, an absent uniformed
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0022| services voter or an overseas voter.
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0023| B. If the applicant has no valid certificate of
|
0024| registration on file in the county and he is not a federal
|
0025| qualified elector or if the applicant states he is a federal
|
0001| qualified elector but his application indicates he is not a
|
0002| federal qualified elector, no absentee ballot shall be issued
|
0003| and the county clerk shall mark the application "rejected" and
|
0004| file the application in a separate file from those accepted.
|
0005| C. The county clerk shall notify in writing each
|
0006| applicant of the fact of acceptance or rejection of his
|
0007| application and, if rejected, shall explain why the application
|
0008| was rejected.
|
0009| D. If the applicant is determined to be a voter or
|
0010| a federal qualified elector, the county clerk shall mark the
|
0011| application "accepted" and deliver or mail to the applicant an
|
0012| absentee ballot and the required envelopes for use in returning
|
0013| the ballot. Acceptance of an application of a federal
|
0014| qualified elector constitutes registration for the election in
|
0015| which the ballot is to be cast. Acceptance of an application
|
0016| from an overseas voter who is not an absent uniformed services
|
0017| voter constitutes a request for changing information on the
|
0018| certificate of registration of any such voter. No absent voter
|
0019| shall be permitted to change his party affiliation during those
|
0020| periods when change of party affiliation is prohibited by the
|
0021| Election Code. Upon delivery or mailing of an absentee ballot
|
0022| to any applicant who is a voter, an appropriate designation
|
0023| shall be made on the signature line of the [signature roster
|
next to the name of the person who has been sent an absentee
|
ballot] absent voter list and checklist of registered
|
0001| voters.
|
0002| E. If an application for an absentee ballot is
|
0003| delivered in person to the county clerk and is accepted, the
|
0004| county clerk shall deliver the absentee ballot and it shall be
|
0005| marked by the applicant in a voting booth of a type prescribed
|
0006| by the secretary of state in the courthouse, sealed in the
|
0007| proper envelopes and otherwise properly executed and returned
|
0008| to the county clerk or his authorized representative before the
|
0009| applicant leaves the office of the county clerk. The act of
|
0010| marking the absentee ballot in the office of the county clerk
|
0011| shall be a convenience to the voter in the delivery of the
|
0012| absentee ballot and does not make the office of the county
|
0013| clerk a polling place subject to the requirements of a polling
|
0014| place in the Election Code other than is provided in this
|
0015| subsection. It shall be unlawful to solicit votes, display or
|
0016| otherwise make accessible any posters, signs or other forms of
|
0017| campaign literature whatsoever in the clerk's office. Absentee
|
0018| ballots may be marked in person during the regular hours and
|
0019| days of business at the county clerk's office from 8:00 a.m. on
|
0020| the fortieth day preceding the election up until 5:00 p.m. on
|
0021| the Saturday immediately prior to the date of the election. In
|
0022| marking the absentee ballot, the voter may be assisted by one
|
0023| person of the voter's own choice [upon the execution with the
|
county clerk of an affidavit for assistance stating therein
|
that the voter meets at least one of the conditions for
|
receiving such assistance as is set forth by the provisions of
|
Section 1-12-12 NMSA 1978.
|
F. Absentee ballots shall be air mailed to
|
applicants temporarily domiciled inside or outside the
|
continental limits of the United States not later than on the
|
Thursday immediately prior to the date of the election] as
|
0007| provided in Section 1-12-15 NMSA 1978.
|
0008| F. Absentee ballots shall be mailed no later than
|
0009| the Thursday prior to the date of the election to applicants
|
0010| temporarily domiciled inside or outside the boundaries of the
|
0011| state and no later than fifteen days prior to the date of the
|
0012| election to applicants temporarily domiciled outside the
|
0013| continental boundaries of the United States.
|
0014| G. No absentee ballot shall be delivered or mailed
|
0015| to any person other than the applicant for such ballot.
|
0016| H. The county clerk shall accept and process with
|
0017| respect to a primary or general election for any federal
|
0018| office, any otherwise valid voter registration application from
|
0019| an absent uniformed services voter or overseas voter if the
|
0020| application is received not less than thirty days before the
|
0021| election. The county clerk shall also accept and process
|
0022| federal write-in absentee ballots from overseas voters in
|
0023| general elections for federal offices in accordance with the
|
0024| provisions of Section 103 of the federal Uniformed and Overseas
|
0025| Citizens Absentee Voting Act."
|
0001| Section 25. Section 1-6-6 NMSA 1978 (being Laws 1969,
|
0002| Chapter 240, Section 132, as amended) is amended to read:
|
0003| "1-6-6. ABSENTEE BALLOT REGISTER.--
|
0004| A. For each election, the county clerk shall keep
|
0005| an "absentee ballot register" in which he shall enter:
|
0006| (1) the name and county address of each
|
0007| absentee ballot applicant;
|
0008| (2) the date and time of receipt of the
|
0009| application;
|
0010| (3) whether the application was accepted or
|
0011| rejected;
|
0012| (4) the date of delivery or mailing of an
|
0013| absentee ballot to the applicant;
|
0014| (5) the applicant's precinct;
|
0015| (6) whether the applicant is a voter, [a
|
federal voter] a federal qualified elector or an overseas
|
0017| citizen voter; and
|
0018| (7) the date and time the completed ballot was
|
0019| received from the applicant by the county clerk.
|
0020| B. Within twenty-four hours after receipt of a
|
0021| voter's application for an absentee ballot, the county clerk
|
0022| shall mail either the ballot or notice of rejection.
|
0023| C. The absentee ballot register is a public record
|
0024| open to public inspection in the county clerk's office during
|
0025| regular office hours.
|
0001| D. The county clerk shall deliver to the
|
0002| [absentee] absent voter precinct board on election day a
|
0003| complete list of all absentee ballot applicants with applicable
|
0004| information shown in the absentee ballot register for each
|
0005| applicant up to noon of the day preceding the election. The
|
0006| county clerk shall deliver [a signature roster] an absent
|
0007| voter list and checklist of registered voters containing the
|
0008| same information as the lists to the [absentee] board.
|
0009| E. The county clerk shall transmit to the secretary
|
0010| of state and to the county chairman of each of the major
|
0011| political parties in the county a complete copy of entries made
|
0012| in the absentee ballot register. Such transmissions shall be
|
0013| made once each week beginning four weeks immediately prior to
|
0014| the election. A final copy shall be transmitted on the Friday
|
0015| immediately following the election."
|
0016| Section 26. Section 1-6-7 NMSA 1978 (being Laws 1969,
|
0017| Chapter 240, Section 133, as amended) is amended to read:
|
0018| "1-6-7. FORM OF ABSENTEE BALLOT TIME FOR PRINTING.--As
|
0019| soon as candidates and questions to be voted upon have been
|
0020| determined for each election, the county clerk shall procure a
|
0021| supply of suitable absentee ballots. The absentee ballot shall
|
0022| be numbered and shall be, as nearly as practicable, in the same
|
0023| form as prescribed by the secretary of state for emergency
|
0024| ballots. However, to reduce weight and bulk for transport of
|
0025| absentee ballots, the size and weight of the paper for
|
0001| envelopes, ballots and instructions shall be reduced as much as
|
0002| possible. Absentee ballots shall be printed at least [forty]
|
0003| forty-five days prior to the date of a primary election and
|
0004| [forty-nine] forty-five days prior to the date of a general
|
0005| election. Absentee ballots for any other election shall be
|
0006| printed at least thirty-five days prior to the date of the
|
0007| election."
|
0008| Section 27. Section 1-6-10 NMSA 1978 (being Laws 1969,
|
0009| Chapter 240, Section 136, as amended) is amended to read:
|
0010| "1-6-10. RECEIPT OF ABSENTEE BALLOTS BY COUNTY CLERK.--
|
0011| A. The county clerk shall mark on each completed
|
0012| official mailing envelope the date and time of receipt in the
|
0013| clerk's office, record this information in the absentee ballot
|
0014| register and safely keep the official mailing envelope unopened
|
0015| in a locked ballot box [until it is delivered on election day
|
to the proper precinct board or until it is canceled and
|
destroyed in accordance with law].
|
0018| B. The county clerk shall accept completed official
|
0019| mailing envelopes until 7:00 p.m. on election day. Any
|
0020| completed official mailing envelope received after that time
|
0021| shall not be delivered to a precinct board but shall be
|
0022| preserved by the county clerk until the time for election
|
0023| contests has expired. In the absence of a restraining order
|
0024| after expiration of the time for election contests, the county
|
0025| clerk shall destroy all late official mailing envelopes without
|
0001| opening or permitting the contents to be examined, cast,
|
0002| counted or canvassed. Before their destruction, the county
|
0003| clerk shall count the numbers of late ballots from voters,
|
0004| [federal voters] overseas citizen voters and federal
|
0005| qualified electors and report the number from each category to
|
0006| the secretary of state.
|
0007| C. At 5:00 p.m. on the Monday immediately preceding
|
0008| the date of election, the county clerk shall record the numbers
|
0009| of the unused absentee ballots and shall publicly destroy in
|
0010| the county clerk's office all such unused ballots. The county
|
0011| clerk shall execute a certificate of such destruction, which
|
0012| shall include the numbers on the ballots destroyed. A copy of
|
0013| the certificate of destruction shall be sent to the secretary
|
0014| of state.
|
0015| D. At 7:00 p.m. on election day, the county clerk
|
0016| shall record the number of unused absentee ballots retained to
|
0017| comply with the provisions of Section 1-6-16.2 NMSA 1978 and
|
0018| publicly destroy in the county clerk's office all unused
|
0019| ballots. The county clerk shall execute a certificate of
|
0020| destruction, which shall be sent to the secretary of state."
|
0021| Section 28. Section 1-6-11 NMSA 1978 (being Laws 1969,
|
0022| Chapter 240, Section 137, as amended) is amended to read:
|
0023| "1-6-11. DELIVERY OF ABSENTEE BALLOTS TO ABSENT VOTER
|
0024| PRECINCTS.--
|
0025| A. On election day, the county clerk shall
|
0001| deliver the absentee ballots received by him prior to 7:00 p.m.
|
0002| on election day to the special deputy county clerks for
|
0003| delivery to the absent voter precinct boards. The absentee
|
0004| ballots for each absent voter precinct shall be separately
|
0005| wrapped, and the special deputy county clerk shall receipt for
|
0006| all ballots taken by him for the county clerk. Upon delivery
|
0007| of the absentee ballots to the absent voter precinct board, the
|
0008| special deputy county clerk shall remain in the polling place
|
0009| of the absent voter precinct until he has observed the opening
|
0010| of the official mailing envelope, the deposit of the ballot in
|
0011| the locked ballot box and the listing of the names on the offi-
|
0012|
|
0013| cial mailing envelope in the signature rosters. Upon such
|
0014| delivery of absentee ballots, the special deputy county clerk
|
0015| shall obtain a receipt executed by the presiding judge and each
|
0016| election judge and he shall return such receipt to the county
|
0017| clerk for filing. The receipts shall specify the number of en-
|
0018|
|
0019| velopes received by the special deputy county clerk from the
|
0020| county clerk for each absent voter precinct and the number of
|
0021| envelopes received by the absent voter precinct board from the
|
0022| special deputy county clerk.
|
0023| B. On election day, the county clerk shall deliver
|
0024| the absentee ballots received by him prior to 7:00 p.m. on
|
0025| election day to the absent voter precinct board. Upon delivery
|
0001| of absentee ballots, the county clerk shall obtain a receipt
|
0002| executed by the presiding judge and each election judge. The
|
0003| receipts shall specify the number of envelopes delivered by the
|
0004| county clerk and the number of envelopes received by the absent
|
0005| voter precinct board."
|
0006| Section 29. Section 1-6-14 NMSA 1978 (being Laws 1971,
|
0007| Chapter 317, Section 11, as amended) is amended to read:
|
0008| "1-6-14. HANDLING ABSENTEE BALLOTS BY ABSENT VOTER
|
0009| PRECINCT BOARDS.--
|
0010| A. Before opening any official mailing envelope,
|
0011| the presiding judge and the election judges shall determine
|
0012| that the required information has been completed on the reverse
|
0013| side of the official mailing envelope.
|
0014| B. If the voter's signature is missing, the
|
0015| presiding judge shall write "Rejected" on the front of the
|
0016| official mailing envelope. The election [clerks] officials
|
0017| shall enter the voter's name in the [signature rosters and
|
shall write the notation "Rejected--Missing Signature" in the
|
"Notations" column of the signature rosters] absent voter
|
0020| list and checklist of registered voters. The presiding judge
|
0021| shall place the official mailing envelope unopened in an
|
0022| envelope provided for rejected ballots, seal the envelope and
|
0023| write the voter's name on the front of the envelope and deposit
|
0024| it in the locked ballot box.
|
0025| C. The accredited challengers may examine the
|
0001| official mailing envelope and may challenge the ballot of any
|
0002| absent voter for the following reasons:
|
0003| (1) the official mailing envelope has been
|
0004| opened prior to being received by the precinct board; or
|
0005| (2) the person offering to vote is not a
|
0006| [federal voter] federal qualified elector, overseas citizen
|
0007| voter or voter as provided in the Election Code.
|
0008| Upon the challenge of an absentee ballot, the election
|
0009| [judges] officials and the presiding judge shall follow the
|
0010| same procedure as when ballots are challenged when a person
|
0011| attempts to vote in person. If a challenge is upheld, the
|
0012| official mailing envelope shall not be opened but shall be
|
0013| placed in an envelope provided for challenged ballots. The
|
0014| same procedure shall be followed in canvassing and determining
|
0015| the validity of challenged absentee ballots as with other
|
0016| challenged ballots.
|
0017| D. If the official mailing envelopes have been
|
0018| properly subscribed and the voters have not been challenged:
|
0019| (1) the election [judges] officials shall
|
0020| open the official mailing envelopes and deposit the ballots in
|
0021| their still-sealed official inner envelopes in the locked
|
0022| ballot box; and
|
0023| (2) the election [clerks] officials shall
|
0024| [enter] mark the absent voter's name and residence address
|
0025| as shown on the official mailing envelope in the [signature
|
rosters] absent voter list and checklist of registered
|
0002| voters and shall mark the notation "AB" opposite the voter's
|
0003| name in the "Notations" column of the [signature rosters]
|
0004| checklist.
|
0005| E. Prior to the closing of the polls, the election
|
0006| [judges] officials and the presiding judge may either
|
0007| remove the absentee ballots from the official inner envelopes
|
0008| and count and tally the results of absentee balloting or, under
|
0009| the personal supervision of the presiding judge and one
|
0010| election [judge] official from each party, register the
|
0011| results of each absentee ballot on a voting machine the same as
|
0012| if the absent voter had been present and voted in person. It
|
0013| [shall be] is unlawful for any person to disclose the
|
0014| results of such count and tally or such registration on a
|
0015| voting machine of absentee ballots prior to the closing of the
|
0016| polls.
|
0017| F. Absentee ballots shall be counted and tallied or
|
0018| registered on a [lever voting] machine [or an electronic
|
voting machine] as provided in the Election Code [provided
|
that any county with a population in excess of one hundred
|
thousand shall count and tally or register absentee ballots on
|
an electronic voting machine].
|
0023| G. Absent voter precinct polls shall close at the
|
0024| time prescribed by the Election Code for other polling places,
|
0025| and the results of the election shall be certified as
|
0001| prescribed by the secretary of state."
|
0002| Section 30. Section 1-6-16 NMSA 1978 (being Laws 1969,
|
0003| Chapter 240, Section 141, as amended by Laws 1989, Chapter 368,
|
0004| Section 2 and also by Laws 1989, Chapter 392, Section 15) is
|
0005| amended to read:
|
0006| "1-6-16. VOTING IN PERSON PROHIBITED.--
|
0007| A. Except as provided in Section 1-6-16.1 NMSA
|
0008| 1978, no person who has been issued an absent voter ballot
|
0009| shall vote in person at his [precinct poll] polling place.
|
0010| B. At any time prior to 5:00 p.m. on the Monday
|
0011| immediately preceding the date of the election, any person
|
0012| whose absentee ballot application has been accepted and who was
|
0013| mailed an absentee ballot but who has not received or voted
|
0014| the absentee ballot may execute, in the office of the county
|
0015| clerk of the county where he is registered to vote, a sworn
|
0016| affidavit stating that he did not receive or vote his absentee
|
0017| ballot. [Upon receipt of the sworn affidavit, the county clerk
|
shall issue the voter a replacement absentee ballot.]
|
0019| C. The secretary of state shall prescribe the form
|
0020| of the affidavit and the manner in which the county clerk shall
|
0021| void the first ballot mailed to the applicant."
|
0022| Section 31. Section 1-6-16.2 NMSA 1978 (being Laws 1993,
|
0023| Chapter 353, Section 1) is amended to read:
|
0024| "1-6-16.2. ADDITIONAL EMERGENCY PROCEDURE FOR VOTING.--
|
0025| A. After the close of the period for requesting
|
0001| absentee voter ballots by mail, any voter who is unable to go
|
0002| to the polls due to unforeseen illness or disability resulting
|
0003| in his confinement in a hospital, sanatorium, nursing home or
|
0004| residence and who is unable to vote at his polling place,
|
0005| voting booth or voting apparatus or machinery may request in
|
0006| writing that [an alternative] a ballot be made available to
|
0007| him. The written request shall be signed by the voter and a
|
0008| health care provider under penalty of perjury.
|
0009| B. The [alternative] absentee ballot shall be
|
0010| made available by the clerk of the county in which the voter
|
0011| resides to any authorized representative of the voter who
|
0012| through his representative has presented the written request to
|
0013| the office of the clerk.
|
0014| C. Before releasing the [alternative] absentee
|
0015| ballot, the county clerk shall compare the signature on the
|
0016| written request with the signature on the voter's [affidavit]
|
0017| certificate of registration. If the county clerk determines
|
0018| that the signature on the written request is not the signature
|
0019| of the voter, he shall reject the request for an
|
0020| [alternative] absentee ballot.
|
0021| D. The voter shall mark the [alternative]
|
0022| absentee ballot, place it in an identification envelope
|
0023| similar to that used for absentee ballots, fill out and sign
|
0024| the envelope and return the ballot to the office of the clerk
|
0025| of the county in which the voter resides no later than the time
|
0001| of closing of the polls on election day. The voter's name
|
0002| shall be compared to the roster of voters and the ballot shall
|
0003| only be counted if there is no signature for that voter on the
|
0004| roster of the precinct where that voter's name appears.
|
0005| [E. Alternative ballots shall be processed and
|
counted in the same manner as absentee ballots.
|
F. The secretary of state shall prescribe the form
|
of alternative ballots and shall distribute an appropriate
|
number of alternative ballots to each county clerk.]"
|
0010| Section 32. Section 1-6-20 NMSA 1978 (being Laws 1969,
|
0011| Chapter 54, Section 3, as amended) is amended to read:
|
0012| "1-6-20. CREATION OF ABSENT VOTER PRECINCT. [A.] The
|
0013| board of county commissioners shall adopt a resolution
|
0014| creating, for absent voting purposes only, an absent voter pre-
|
0015|
|
0016| cinct [for each state representative district in the] that
|
0017| shall be identified by the name of that county. The
|
0018| boundaries of [such] the absent voter precinct shall
|
0019| coincide with the boundaries of the state [representative]
|
0020| district that it represents, except for multicounty
|
0021| [representative] districts. In multicounty
|
0022| [representative] districts, the boundaries of the absent
|
0023| voter precinct in each county shall coincide with the
|
0024| boundaries of that portion of the [representative] district
|
0025| [lying] that it represents that lie within the county.
|
0001| [B. Absent voter precincts shall be identified by
|
the name of the county and the state representative district
|
number. In the case of multicounty representative districts,
|
the absent voter precinct in each county shall be distinguished
|
by the name of the county.]"
|
0006| Section 33. Section 1-9-5 NMSA 1978 (being Laws 1969,
|
0007| Chapter 240, Section 188, as amended) is amended to read:
|
0008| "1-9-5. REQUIREMENT TO PURCHASE AND USE VOTING
|
0009| MACHINES.--
|
0010| A. Voting machines shall be used in all precincts
|
0011| in all statewide elections.
|
0012| B. The county clerk of each county shall provide
|
0013| one voting machine in each precinct for use in the general and
|
0014| primary elections when the total number of [registered voters
|
in that precinct amounted to less than four hundred at the
|
close of registration] votes cast in the previous general
|
0017| election was less than four hundred.
|
0018| C. At least one additional voting machine shall be
|
0019| provided in such precinct for every four hundred [registered
|
voters] votes cast in the previous general election in that
|
0021| precinct.
|
0022| D. When authorized by the state board of finance,
|
0023| the board of county commissioners may acquire new or previously
|
0024| owned voting or electronic vote tabulating machines, as tested
|
0025| and approved by the secretary of state pursuant to the
|
0001| provisions of Section 1-9-14 NMSA 1978, which machines may be
|
0002| used in any election for public office. The acquisition of
|
0003| these machines may be in excess of the number provided in this
|
0004| section.
|
0005| E. Except for intercounty acquisitions of equipment
|
0006| approved by the secretary of state, a previously owned voting
|
0007| or electronic vote tabulating machine shall have a warranty
|
0008| equal to the warranty required of a new voting or electronic
|
0009| vote tabulating machine."
|
0010| Section 34. Section 1-11-2 NMSA 1978 (being Laws 1969,
|
0011| Chapter 240, Section 212, as amended) is amended to read:
|
0012| "1-11-2. CONTENTS OF PROCLAMATION.--The proclamation
|
0013| shall:
|
0014| A. give notice of the election;
|
0015| B. set forth the purpose of the election;
|
0016| C. list the offices to be filled;
|
0017| D. list all properly certified candidates for each
|
0018| of the offices to be filled;
|
0019| E. list [the] any declared write-in candidate's
|
0020| name and party affiliation; and
|
0021| [F. list the names of all precinct board members
|
and the precinct to which they are appointed; and
|
G.] F. give the address or location of the
|
0024| polling place in each precinct where the election is to be
|
0025| held."
|
0001| Section 35. Section 1-12-5 NMSA 1978 (being Laws 1969,
|
0002| Chapter 240, Section 244, as amended) is amended to read:
|
0003| "1-12-5. CONDUCT OF ELECTION--STATE POLICE--OTHER PEACE
|
0004| OFFICERS.--
|
0005| A. [Any] A member of the county clerk's office,
|
0006| the New Mexico state police or any other peace officer may
|
0007| enter a polling place upon request of a presiding judge or an
|
0008| election judge for the purpose of observing the conduct of the
|
0009| election.
|
0010| B. [No] A member of the county clerk's office,
|
0011| the New Mexico state police or any other peace officer shall
|
0012| not interfere in any way with a member of the precinct board,
|
0013| a voter or the conduct of the election except to assist in
|
0014| maintaining order and orderly control of access when requested
|
0015| by the secretary of state's office, the county clerk's
|
0016| office, the presiding judge or an election judge.
|
0017| C. [Any] A member of the county clerk's office,
|
0018| the New Mexico state police or any other peace officer
|
0019| [violating] who violates Subsection B of this section is
|
0020| guilty of a petty misdemeanor and in addition to any other
|
0021| penalty provided by law shall be subject to dismissal and is
|
0022| ineligible for reinstatement."
|
0023| Section 36. Section 1-12-10 NMSA 1978 (being Laws 1969,
|
0024| Chapter 240, Section 249, as amended) is amended to read:
|
0025| "1-12-10. CONDUCT OF ELECTION--VOTER'S NAME, ADDRESS,
|
0001| SIGNATURE.--When a voter presents himself at [the polls] his
|
0002| regular polling place to vote, he shall announce his name and
|
0003| address in an audible tone of voice. When an election
|
0004| [judge] official finds the voter's name in the signature
|
0005| roster, he shall in like manner repeat the name of the voter.
|
0006| The voter shall then sign his name or make his mark on the
|
0007| signature line in the copy of the signature roster to be
|
0008| returned to the county clerk. Upon the voter's name or mark
|
0009| being written in the signature roster, a challenge may be
|
0010| interposed as provided in the Election Code."
|
0011| Section 37. Section 1-12-11 NMSA 1978 (being Laws 1969,
|
0012| Chapter 240, Section 250, as amended) is amended to read:
|
0013| "1-12-11. CONDUCT OF ELECTION--ENTRIES BY PRECINCT
|
0014| BOARD.--If no challenge is interposed, an election [judge]
|
0015| official shall write or stamp in the space provided
|
0016| [therefor] on the signature roster the number of the paper
|
0017| ballot cast by the voter or the vote number shown on the public
|
0018| counter of the voting machine."
|
0019| Section 38. Section 1-12-13 NMSA 1978 (being Laws 1969,
|
0020| Chapter 240, Section 266, as amended) is amended to read:
|
0021| "1-12-13. CONDUCT OF ELECTION--AID OR ASSISTANCE TO VOTER
|
0022| IN MARKING BALLOT.--
|
0023| A. When a voter who is eligible for assistance
|
0024| pursuant to Section 1-12-12 NMSA 1978 requires assistance in
|
0025| marking his paper ballot or recording his vote by voting
|
0001| machine, the voter shall announce this fact in an audible tone
|
0002| before receiving his paper ballot or before entering the voting
|
0003| machine.
|
0004| B. The voter's request for assistance shall be
|
0005| noted by his name in the signature roster and checklist of
|
0006| registered voters and initialed by the presiding judge.
|
0007| C. After noting the request for assistance in the
|
0008| signature roster and checklist of registered voters, the
|
0009| voter shall be permitted assistance in marking his paper ballot
|
0010| or recording his vote as provided in Section 1-12-15 NMSA 1978.
|
0011| D. Any person who [swears] falsely [in order to
|
secure assistance] requests assistance is guilty of
|
0013| perjury."
|
0014| Section 39. Section 1-12-20 NMSA 1978 (being Laws 1969,
|
0015| Chapter 240, Section 273, as amended) is amended to read:
|
0016| "1-12-20. CONDUCT OF ELECTION--INTERPOSING CHALLENGES.--A
|
0017| challenge may be interposed by a member of the precinct board
|
0018| or by a party challenger for the following reasons:
|
0019| A. the person presenting himself to vote is not
|
0020| registered;
|
0021| [B. the person presenting himself to vote is
|
listed on the purge list placed with the signature rosters or
|
is listed among those persons in the precinct from whom an
|
absentee ballot was received;
|
C.] B. the person presenting himself to vote is
|
0001| improperly registered because he is not a qualified elector;
|
0002| [D.] C. in the case of a primary election, the
|
0003| person presenting himself to vote is not affiliated with a
|
0004| political party represented on the ballot; or
|
0005| [E.] D. in the case of an absentee ballot, the
|
0006| official outer envelope of the absentee voter has been opened
|
0007| prior to the counting of the ballots."
|
0008| Section 40. Section 1-12-21 NMSA 1978 (being Laws 1969,
|
0009| Chapter 240, Section 274, as amended) is amended to read:
|
0010| "1-12-21. CONDUCT OF ELECTION--CHALLENGES--ENTRIES.--When
|
0011| a challenge is interposed, the election [clerks] officials
|
0012| shall enter the word "CHALLENGED" under the notation headings
|
0013| in the signature [rosters] roster and checklist of
|
0014| registered voters."
|
0015| Section 41. Section 1-12-22 NMSA 1978 (being Laws 1969,
|
0016| Chapter 240, Section 275, as amended) is amended to read:
|
0017| "1-12-22. CONDUCT OF ELECTION--CHALLENGES--DISPOSITION.--
|
0018| Challenges shall be handled as follows:
|
0019| A. if the challenge is unanimously affirmed by the
|
0020| presiding judge and the two election judges, the person shall
|
0021| nevertheless be furnished a paper ballot, regardless of whether
|
0022| [or not] voting machines are being used in the precinct, and
|
0023| he shall be allowed to mark it. The paper ballot shall then be
|
0024| returned to the presiding judge, who shall announce the voter's
|
0025| name in an audible tone and in the voter's presence and place
|
0001| the challenged ballot in an envelope marked "Rejected". Then
|
0002| this envelope shall be sealed, and the voter's name shall be
|
0003| written on the envelope. The envelope containing the rejected
|
0004| ballot shall then be deposited in the ballot box and shall not
|
0005| be counted. The election clerks shall enter such voter's name
|
0006| in the [signature roster] checklist of registered voters to
|
0007| be sent to the secretary of state, and the voter shall sign his
|
0008| name in the other signature roster. The word "Affirmed" shall
|
0009| be written opposite [such] the voter's name under the
|
0010| challenge notation in [both] the signature [rosters]
|
0011| roster and checklist of registered voters together with the
|
0012| number of the ballot so furnished; or
|
0013| B. if the challenge is not unanimously affirmed by
|
0014| the presiding judge and the two election judges, the voter
|
0015| shall be allowed to vote, and the election clerks shall enter
|
0016| the words "Not Affirmed" under the challenge notation after the
|
0017| voter's name in the signature roster and the checklist of
|
0018| registered voters."
|
0019| Section 42. Section 1-12-23 NMSA 1978 (being Laws 1969,
|
0020| Chapter 240, Section 277, as amended) is amended to read:
|
0021| "1-12-23. CONDUCT OF ELECTION--VOTING MACHINES--
|
0022| INSTRUCTIONS.--Before each voter enters the voting machine, a
|
0023| member of the precinct board shall, so far as possible,
|
0024| instruct him on how to operate the voting machine [illustrate
|
its operation on the model] and call his attention to the
|
0001| posted sample ballot. If any voter, after entering the voting
|
0002| machine and before drawing its curtain, asks for further infor-
|
0003|
|
0004| mation regarding the machine's operation, the two election
|
0005| judges shall give him the necessary information and retire
|
0006| before the curtain is drawn."
|
0007| Section 43. Section 1-12-28 NMSA 1978 (being Laws 1969,
|
0008| Chapter 240, Section 283, as amended) is amended to read:
|
0009| "1-12-28. CONDUCT OF ELECTION--ELECTION CERTIFICATE.--
|
0010| Immediately upon the closing of the polls, the precinct board
|
0011| shall complete and sign a certificate [which shall state: "We
|
certify the ________________ election complete with the voting
|
of voting machine number __________by voter number
|
_______________on the signature roster] on the cover of the
|
0015| signature roster and checklist of registered voters."
|
0016| Section 44. Section 1-12-29 NMSA 1978 (being Laws 1969,
|
0017| Chapter 240, Section 287, as amended) is amended to read:
|
0018| "1-12-29. CONDUCT OF ELECTION--COUNTING AND TALLYING--WHO
|
0019| MAY BE PRESENT.--Only the members of the precinct board,
|
0020| candidates or their representatives, representatives of the
|
0021| news media and lawfully appointed challengers and watchers may
|
0022| be present while the votes are being counted and tallied. Only
|
0023| members of the precinct board shall handle [ballots, signature
|
rosters or] the signature roster and checklist of registered
|
0025| voters, tally sheets or take part in the counting and
|
0001| tallying."
|
0002| Section 45. Section 1-12-30 NMSA 1978 (being Laws 1969,
|
0003| Chapter 240, Section 289, as amended) is amended to read:
|
0004| "1-12-30. CONDUCT OF ELECTION--DISPOSITION OF [POLL
|
BOOK] SIGNATURE ROSTER AND MACHINE PRINTED RETURN REPORTING
|
0006| UNOFFICIAL RETURNS.--
|
0007| A. After all certificates have been executed, the
|
0008| presiding judge and the two election judges shall place the
|
0009| checklist of registered voters voting, one copy of the tally
|
0010| sheets, if used, and one copy of the machine-printed returns
|
0011| in the stamped, addressed envelope provided for that purpose
|
0012| and immediately mail it to the secretary of state.
|
0013| B. The signature roster, [the machine printed
|
returns and the direct recording electronic cartridge for
|
electronic and marksense machines] the tape that reflects the
|
0016| opening totals, two copies of the printed returns, the used
|
0017| voting machine entry permits, the original of the tally sheets,
|
0018| if used, and the voting machine cartridge shall be returned to
|
0019| the county clerk. [The signature roster, the machine printed
|
returns and the direct recording electronic cartridge for
|
electronic and marksense machines shall not be placed in the
|
ballot box.]
|
0023| C. One legible copy of the machine-printed return
|
0024| from each voting machine shall be posted on the outside of the
|
0025| entrance door to the polling place. Signature rosters and
|
0001| machine printed returns in the custody of the county clerk may
|
0002| be destroyed three years after the election to which they
|
0003| apply.
|
0004| D. The county clerk shall report the unofficial
|
0005| total returns for the county to the secretary of state within
|
0006| ten hours after the polls close."
|
0007| Section 46. Section 1-12-31 NMSA 1978 (being Laws 1969,
|
0008| Chapter 240, Section 291, as amended) is amended to read:
|
0009| "1-12-31. CONDUCT OF ELECTION--DISPOSITION OF BALLOT
|
0010| BOXES AND OTHER ELECTION MATERIALS.--
|
0011| [A. The following election returns and materials
|
shall not be placed in the ballot box and shall be returned
|
immediately to the county clerk along with the locked box:
|
(1) one ballot box key in an envelope
|
addressed to the county clerk;
|
(2) one signature roster;
|
(3) one tally sheet;
|
(4) the registration binder;
|
(5) all unused election supplies not destroyed
|
pursuant to the Election Code; and
|
(6) a machine cartridge for any electronic or
|
marksense machine.]
|
0023| A. If marksense or emergency ballots were not
|
0024| used, those unused ballots and all other unused election
|
0025| supplies that were not required to be destroyed pursuant to the
|
0001| Election Code shall be returned immediately to the county
|
0002| clerk, along with the ballot box.
|
0003| B. In the event marksense or emergency paper
|
0004| ballots have been voted, the election judge of the party
|
0005| different from that of the presiding judge shall place one
|
0006| ballot box key in an envelope addressed to the county clerk and
|
0007| return it to the county clerk along with the ballot box. The
|
0008| other ballot box key shall be placed in the envelope
|
0009| addressed to the district court and immediately [mail it]
|
0010| mailed to the district court."
|
0011| Section 47. Section 1-12-35 NMSA 1978 (being Laws 1969,
|
0012| Chapter 240, Section 295, as amended) is amended to read:
|
0013| "1-12-35. CONDUCT OF ELECTION--VOTING MACHINES--CLOSING
|
0014| POLLS--LOCKING MACHINE.--As soon as the last voter has voted,
|
0015| the precinct board, in the presence of all persons lawfully
|
0016| permitted to be present, shall immediately lock and seal the
|
0017| voting machine against further voting. The precinct board
|
0018| shall release the five copies of the machine-printed returns
|
0019| from the machine. The precinct board shall then sign a
|
0020| certificate stating that the machine was locked and sealed,
|
0021| [giving the exact time] stating the number of [voters shown
|
on the public counters, which shall be the total number of]
|
0023| votes cast on the machine in that precinct and stating the
|
0024| voting machine serial number [on the seal; and stating the
|
number registered on the protective counter]."
|
0001| Section 48. Section 1-12-40 NMSA 1978 (being Laws 1969,
|
0002| Chapter 240, Section 300, as amended) is amended to read:
|
0003| "1-12-40. CONDUCT OF ELECTION--VOTING MACHINE--DURATION
|
0004| OF LOCKING AND SEALING.--
|
0005| A. [On the voting machine] The [machine return
|
sheet is] machine-printed returns represent the official
|
0007| vote tally for that precinct.
|
0008| B. If in the district court's opinion a contest is
|
0009| likely to develop, it may order a voting machine to remain
|
0010| locked and sealed for such time it deems necessary, which
|
0011| period of time shall not interfere with or prohibit the use of
|
0012| the machine at a subsequent election.
|
0013| C. The county clerk shall break the seal or unlock
|
0014| the machine for purposes of lawful investigation when ordered
|
0015| to do so by a court of competent jurisdiction, the state
|
0016| legislature or the governing body of a local government calling
|
0017| the election. When the investigation is completed, the voting
|
0018| machine shall again be sealed or locked and across the
|
0019| envelope containing the keys shall be written the signature of
|
0020| the person having broken the seal or unlocked the machine."
|
0021| Section 49. Section 1-12-45 NMSA 1978 (being Laws 1977,
|
0022| Chapter 222, Section 48, as amended) is amended to read:
|
0023| "1-12-45. EMERGENCY SITUATIONS--EMERGENCY PAPER BALLOTS--
|
0024| FORM FOR PRIMARY.--
|
0025| A. Emergency paper ballots used in the primary
|
0001| election by each party shall be set up on the ballot paper as
|
0002| follows:
|
0003| (1) across the top shall be printed the words,
|
0004| "OFFICIAL PRIMARY ELECTION BALLOT";
|
0005| (2) on the next line shall be printed the name
|
0006| of the qualified political party and the date of the primary
|
0007| election;
|
0008| (3) on the next line shall be printed the name
|
0009| of the county in which the ballot is used;
|
0010| (4) on the next line shall be printed the
|
0011| words, "To vote for a person, [mark either a cross (X) or a
|
check (V) in the box at] complete the arrow to the right of
|
0013| the name of each person for whom you desire to vote.";
|
0014| (5) thereafter, there shall be printed
|
0015| consecutively the designated office and to the extreme right of
|
0016| that same line shall be printed the words, "Vote For", then the
|
0017| words, "one", "two" or another spelled number designating how
|
0018| many persons under that office are to be voted for;
|
0019| (6) following and below the designation of
|
0020| office there shall be printed the name of each candidate for
|
0021| that office, with [a box directly opposite and] an
|
0022| incomplete arrow directly to the right of the name [wherein
|
the voter may make his cross (X) or check (V)] of the
|
0024| candidates. The names of the candidates shall be printed on
|
0025| equal margin, one under another, and in the order and manner
|
0001| provided by law. The boxes following each name shall be of the
|
0002| same size and each shall not be more than one-sixth of an inch
|
0003| apart; and
|
0004| (7) the name of each office for which
|
0005| candidates are to be nominated along with the candidates' names
|
0006| shall be separated from the succeeding office and list of
|
0007| candidates on the emergency paper ballot by a heavy black line
|
0008| to designate that office clearly.
|
0009| B. The emergency paper ballot used in the primary
|
0010| election shall have no other printing or distinguishing mark on
|
0011| the ballot, except at the bottom shall appear the facsimile
|
0012| signature of the county clerk and the words in bold, black
|
0013| type, "OFFICIAL PRIMARY ELECTION BALLOT".
|
0014| C. Emergency paper ballots used in the primary
|
0015| election shall be numbered consecutively by party."
|
0016| Section 50. Section 1-12-48 NMSA 1978 (being Laws 1977,
|
0017| Chapter 222, Section 51) is amended to read:
|
0018| "1-12-48. EMERGENCY SITUATIONS--EMERGENCY PAPER BALLOTS--
|
0019| NUMBER SUPPLIED.--
|
0020| A. The county clerk shall supply [to each precinct
|
a quantity] an adequate quantity of emergency paper ballots
|
0022| [equal to five percent of the total number of voters in that]
|
0023| to each precinct. [Such] Emergency paper ballots shall be
|
0024| used only as provided in Section [3-12-77 NMSA 1953] 1-12-43
|
0025| NMSA 1978.
|
0001| B. Emergency paper ballots are official ballots and
|
0002| shall meet the same requirements and safeguards as all other
|
0003| official ballots."
|
0004| Section 51. Section 1-12-53 NMSA 1978 (being Laws 1977,
|
0005| Chapter 222, Section 56, as amended) is amended to read:
|
0006| "1-12-53. EMERGENCY SITUATIONS--VOTERS--EMERGENCY PAPER
|
0007| BALLOT--GENERAL ELECTION--MARKING.--The voter in preparing an
|
0008| emergency paper ballot in a general election shall:
|
0009| A. if he wishes to vote a straight party ticket,
|
0010| [mark a cross (X) or a check (V) in the circle beneath]
|
0011| complete the arrow to the right of the name of the party, and
|
0012| his vote shall be considered as having been cast for every
|
0013| candidate named on the ticket of that party on the ballot,
|
0014| unless he also votes for one or more candidates in some other
|
0015| column or for some person whose name is not printed on the
|
0016| ballot;
|
0017| B. if he [marks a cross (X) or a check (V) in any
|
circle and also desires to vote for a candidate of another
|
political party (the ticket of which also appears on the
|
ballot) or for any person by write-in, mark a cross (X) or a
|
check (V) in the box immediately to the right of the name of
|
the candidate or write in the name of the person for whom he]
|
0023| completes the arrow to the right of the party name and
|
0024| desires to vote [in the blank provided therefor and mark a
|
cross (X) or a check (V) in the box immediately to the right
|
thereof, and his vote shall be considered as having been cast
|
for every candidate of the political party below the party name
|
where he marked his cross (X) or a check (V) in the circle]
|
0004| for a candidate of another political party, he shall complete
|
0005| the arrow directly to the right of the name of the candidate in
|
0006| the blank provided, and his vote shall be considered as having
|
0007| been cast for every candidate of the political party to the
|
0008| right of the party name where he has completed the arrow,
|
0009| except for the candidates for whom he has otherwise voted; or
|
0010| C. if he wishes, mark the ballot by [omitting the
|
cross (X) or check (V) in the circle and marking a cross (X) or
|
a check (V) in the box immediately to the right of the name
|
of] completing the arrow directly to the right of every
|
0014| candidate or person for whom he desires to vote, and his vote
|
0015| shall be considered as having been cast only for the candidate
|
0016| or person [opposite whose name the cross or check has been
|
marked] who has a completed arrow opposite his name."
|
0018| Section 52. Section 1-12-54 NMSA 1978 (being Laws 1977,
|
0019| Chapter 222, Section 57, as amended) is amended to read:
|
0020| "1-12-54. EMERGENCY SITUATIONS--VOTING ON CONSTITUTIONAL
|
0021| AMENDMENTS AND OTHER QUESTIONS BY EMERGENCY PAPER BALLOT.--If a
|
0022| constitutional amendment or other question is submitted to the
|
0023| voters by emergency paper ballot, the voter shall mark his
|
0024| emergency paper ballot by [making a cross (X) or a check (V)
|
in the box] completing the arrow directly to the right of the
|
0001| box to indicate he is for or against the proposed amendment."
|
0002| Section 53. Section 1-12-66 NMSA 1978 (being Laws 1977,
|
0003| Chapter 222, Section 69, as amended) is amended to read:
|
0004| "1-12-66. EMERGENCY SITUATIONS--EMERGENCY PAPER BALLOTS--
|
0005| SIGNATURE ROSTERS AND TALLY SHEETS CHECKLIST OF REGISTERED
|
0006| VOTERS--DISPOSITION.--
|
0007| A. After the counting and tallying of emergency
|
0008| paper ballots are completed and after all certificates have
|
0009| been executed, the presiding judge and the two election judges
|
0010| shall place [one copy of the signature roster] the checklist
|
0011| of registered voters and one copy of the tally sheet in the
|
0012| stamped, addressed envelope provided for that purpose, and an
|
0013| election judge shall immediately mail it to the secretary of
|
0014| state.
|
0015| B. The [remaining copy of the] signature roster
|
0016| and the tally sheet shall be returned to the county clerk. The
|
0017| signature roster and the tally sheet shall not be placed in the
|
0018| ballot box.
|
0019| C. Signature rosters, checklists of registered
|
0020| voters and tally sheets in the custody of the county clerk and
|
0021| the secretary of state may be destroyed three years after the
|
0022| election to which they apply."
|
0023| Section 54. Section 1-13-21 NMSA 1978 (being Laws 1971,
|
0024| Chapter 317, Section 21, as amended) is amended to read:
|
0025| "1-13-21. CLEARING VOTING MACHINES.--
|
0001| A. Thirty days after adjournment of the state
|
0002| canvassing board, each county clerk [in the presence of the
|
district judge] or his designated representative [shall open
|
all voting machines of] may publicly, during normal business
|
0005| hours, erase all voting machine cartridges for the precincts
|
0006| for which he has not received [no] a notice by registered
|
0007| mail of a contest or [no] a judicial inquiry, and he
|
0008| shall clear [such] those machines of all votes that were
|
0009| cast [thereon] upon them.
|
0010| B. The county clerk shall keep locked those voting
|
0011| machines whereof a recount, judicial inquiry or inspection is
|
0012| sought, subject to order of the district court or other
|
0013| authority having jurisdiction [of] over the contest or
|
0014| inspection.
|
0015| C. At least three days prior to the opening and
|
0016| clearing of the voting machines, the county clerk shall notify
|
0017| the county chairman of each political party participating in
|
0018| the election of the time, place and date thereof. The chairman
|
0019| of the political party may be present or may have his
|
0020| [accredited] representative present at such opening and
|
0021| clearing.
|
0022| D. Nothing in this section shall prohibit the use
|
0023| of voting machines in a subsequent election. If the voting
|
0024| machine must be cleared before the thirty-day period prescribed
|
0025| in Subsection A of this section for use in any election, the
|
0001| county clerk shall first obtain an order from the district
|
0002| court for such clearance."
|
0003| Section 55. Section 1-15-6 NMSA 1978 (being Laws 1969,
|
0004| Chapter 240, Section 356, as amended) is amended to read:
|
0005| "1-15-6. PRESIDENTIAL ELECTORS--ORGANIZATION.--
|
0006| A. Presidential electors of the state shall meet at
|
0007| 11:00 a.m. in the office of the secretary of state on the day
|
0008| fixed by the laws of the United States for presidential
|
0009| electors to cast their ballots for president and vice president
|
0010| of the United States.
|
0011| B. At [such] that meeting, the presidential
|
0012| electors shall organize by choosing a presiding officer and a
|
0013| secretary.
|
0014| C. If the full number of electors required by law
|
0015| are not present at [such] the meeting for any reason, those
|
0016| presidential electors present shall immediately select as many
|
0017| replacements as necessary to equal the required number of
|
0018| electors. In doing so, those electors present shall select
|
0019| from a list of names nominated by the state chairman of that
|
0020| party [forthwith choose electors from the voters of that state
|
party].
|
0022| D. The secretary of state shall provide such
|
0023| clerical assistance as needed by the presidential electors in
|
0024| performing their duties."
|
0025| Section 56. Section 1-16-5 NMSA 1978 (being Laws 1969,
|
0001| Chapter 240, Section 378, as amended) is amended to read:
|
0002| "1-16-5. STATE CONSTITUTIONAL AMENDMENTS--BALLOT--FORMS
|
0003| FOR EMERGENCY PAPER BALLOTS AND ABSENTEE BALLOTS.--
|
0004| A. All emergency paper ballots and absentee ballots
|
0005| proposing constitutional amendments shall have printed thereon
|
0006| in both English and Spanish the full title of the joint
|
0007| resolution proposing the constitutional amendment and the
|
0008| constitutional amendment number assigned to the joint
|
0009| resolution by the secretary of state. [Below the printed
|
title, there shall be printed on the ballot two one-quarter
|
inch blank boxes. Opposite one of the blank boxes, there shall
|
be printed in both English and Spanish the words "FOR", and op-
|
|
posite the other blank box shall be printed in both such
|
languages the words "AGAINST".] To the right of the text of
|
0016| the proposed amendment in both English and Spanish the word
|
0017| "FOR" and the word "AGAINST" shall appear with an incomplete
|
0018| arrow pointing to each choice.
|
0019| B. There shall be printed across the top of such
|
0020| ballot the following: "Instructions to voters: [If you desire
|
to vote for the amendment, mark a cross (X) or a check (V) or
|
any other mark clearly indicating intention in the [__?__]
|
opposite the words "FOR". If you desire to vote against the
|
amendment, mark a cross (X) or a check (V) or any other mark
|
clearly indicating intention in the [__?__] opposite the words
|
"AGAINST".] To vote, complete the arrow pointing to your
|
0002| choice"."
|
0003| Section 57. REPEAL.--Sections 1-2-13, 1-6-21, 1-6-22,
|
0004| 1-6-24, 1-12-32 and 1-12-34 NMSA 1978 (being Laws 1969, Chapter
|
0005| 240, Section 33, Laws 1975, Chapter 255, Section 93, Laws 1969,
|
0006| Chapter 54, Sections 4 and 5 and Laws 1969, Chapter 240,
|
0007| Sections 292 and 294, as amended) are repealed.
|
0008|
|
0009|
|
0010| FORTY-THIRD LEGISLATURE
|
0011| FIRST SESSION, 1997
|
0012|
|
0013|
|
0014| March 18, 1997
|
0015|
|
0016| Mr. President:
|
0017|
|
0018| Your RULES COMMITTEE, to whom has been referred
|
0019|
|
0020| SENATE BILL 642
|
0021|
|
0022| has had it under consideration and reports same with
|
0023| recommendation that it DO PASS.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004|
|
0005| __________________________________
|
0006| Gloria Howes, Chairman
|
0007|
|
0008|
|
0009|
|
0010| Adopted_______________________ Not
|
0011| Adopted_______________________
|
0012| (Chief Clerk) (Chief Clerk)
|
0013|
|
0014|
|
0015|
|
0016| Date ________________________
|
0017|
|
0018|
|
0019| The roll call vote was 5 For 0 Against
|
0020| Yes: 5
|
0021| No: 0
|
0022| Excused: Aragon, Rodarte, Stockard
|
0023| Absent: None
|
0024|
|
0025|
|
0001| S0642RU1
|