0001| HOUSE BILL 245 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| EDWARD C. SANDOVAL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ELECTIONS; EXPANDING THE ABSENT VOTER ACT; | 0012| REPEALING THE ABSENTEE-EARLY VOTING ACT; CLARIFYING FILING | 0013| REQUIREMENTS AND NOMINATING PETITION REQUIREMENTS; PRESCRIBING | 0014| CERTAIN ELECTION FORMS; AMENDING, REPEALING AND ENACTING | 0015| SECTIONS OF THE ELECTION CODE. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 1-6-2 NMSA 1978 (being Laws 1987, | 0019| Chapter 327, Section 6, as amended) is amended to read: | 0020| "1-6-2. DEFINITIONS.--As used in the Absent Voter Act: | 0021| A. "absent uniformed services voter" means: | 0022| (1) a member of a uniformed service on active | 0023| duty who, by reason of such active duty, is absent from the | 0024| place of residence where the member is otherwise qualified to | 0025| vote; | - 1 - 0001| (2) a member of the merchant marine who, by | 0002| reason of service in the merchant marine, is absent from the | 0003| place of residence where the member is otherwise qualified to | 0004| vote; or | 0005| (3) a spouse or dependent of a member | 0006| referred to in Paragraphs (1) and (2) of this subsection who, | 0007| by reason of the active duty or service of the member, is | 0008| absent from the place of residence where the spouse or | 0009| dependent is otherwise qualified to vote; | 0010| B. "election" means ~[any]~ |a| statewide | 0011| election, general election, primary election or special | 0012| election to fill vacancies in the office of United States | 0013| representative and regular or special school district | 0014| elections ~[except as modified by the school election law]~; | 0015| |C. "electronic ballot" means a paper ballot or | 0016| ballot face designed to be used on an electronic voting | 0017| machine to cast votes;| | 0018| |D. "electronic voting machine" means a computer- | 0019| controlled machine designed to electronically record and | 0020| tabulate votes cast;| | 0021| ~[C.]~ |E.| "federal office" means the office of | 0022| president, vice president or of ~[a]~ senator or | 0023| representative in congress; | 0024| ~[D.]~ |F.| "federal qualified elector" means: | 0025| (1) an absent uniformed services voter; or | - 2 - 0001| (2) an absent uniformed ~[service]~ | 0002| |services| voter who, by reason of active duty or service, is | 0003| absent from the United States on the date of the election | 0004| involved; | 0005| ~[E. "marksense ballot" means a paper ballot card | 0006| used on an optical scan vote tabulating machine; | 0007| F.] |G.| "member of the merchant marine" means an | 0008| individual other than a member of a uniformed service or an | 0009| individual employed, enrolled or maintained on the Great Lakes | 0010| or the inland waterways who: | 0011| (1) is employed as an officer or crew member | 0012| of a vessel documented under the laws of the United States, a | 0013| vessel owned by the United States or a vessel of a foreign- | 0014| flag registry under charter to or control of the United | 0015| States; or | 0016| (2) is enrolled with the United States for | 0017| employment or training for employment or maintained by the | 0018| United States for emergency relief service as an officer or | 0019| crew member of any such vessel; | 0020| [G.]~ |H.| "overseas voter" means: | 0021| (1) a person who resides outside the United | 0022| States and is qualified to vote in the last place in which the | 0023| person was domiciled before leaving the United States; or | 0024| (2) a person who resides outside the United | 0025| States and, but for such residence, would be qualified to vote | - 3 - 0001| in the last place in which the person was domiciled before | 0002| leaving the United States; and | 0003| ~[H.]~ |I.| "uniformed services" means the army, | 0004| navy, air force, marine corps and coast guard and the | 0005| commissioned corps of the national oceanic and atmospheric | 0006| administration." | 0007| Section 2. Section 1-6-3 NMSA 1978 (being Laws 1969, | 0008| Chapter 240, Section 129, as amended by Laws 1993, Chapter 19, | 0009| Section 1 and also by Laws 1993, Chapter 21, Section 1) is | 0010| amended to read: | 0011| "1-6-3. RIGHT TO |VOTE BY| ABSENTEE BALLOT ~[RIGHT TO | 0012| VOTE]~.-- | 0013| A. Any voter may vote by absentee ballot for all | 0014| candidates and on all questions appearing on the ballot ~[at | 0015| his precinct poll]~ as if he were able to cast his ballot in | 0016| person at ~[the precinct poll]~ |his regular polling place on | 0017| election day|. | 0018| B. Any federal qualified elector may register | 0019| absentee and vote by an absentee ballot for any federal | 0020| office." | 0021| Section 3. Section 1-6-4 NMSA 1978 (being Laws 1969, | 0022| Chapter 240, Section 130, as amended) is amended to read: | 0023| "1-6-4. ABSENTEE BALLOT APPLICATION.-- | 0024| A. Application by a federal qualified elector for | 0025| an absentee ballot shall be made on the official postcard form | - 4 - 0001| prescribed or authorized by the federal government to the | 0002| county clerk of the county of his residence. | 0003| B. Application by a voter for an absentee ballot | 0004| shall be made only on a form prescribed, printed and furnished | 0005| by the secretary of state to the county clerk of the county in | 0006| which ~[he]~ |the voter| resides. The form shall identify the | 0007| applicant and contain information to establish his | 0008| qualification for issuance of an absentee ballot under the | 0009| Absent Voter Act; provided that on the application form for a | 0010| general election ballot there shall be no box, space or place | 0011| provided for designation of the voter's political party | 0012| affiliation. | 0013| C. Each application for an absentee ballot shall | 0014| be subscribed by the applicant." | 0015| Section 4. Section 1-6-4.1 NMSA 1978 (being Laws 1987, | 0016| Chapter 327, Section 9) is amended to read: | 0017| "1-6-4.1. FEDERAL WRITE-IN ABSENTEE BALLOT FOR OVERSEAS | 0018| VOTERS IN GENERAL ELECTIONS FOR FEDERAL OFFICES.-- | 0019| A. Except as provided in Subsection C of this | 0020| section, a federal write-in absentee ballot for federal | 0021| offices in a general election shall be processed in the same | 0022| manner as provided by law for other absentee ballots. | 0023| B. In completing the ballot, the overseas voter | 0024| may designate a candidate by writing in the name of the | 0025| candidate or by writing in the name of a political party, in | - 5 - 0001| which case the ballot shall be counted for all candidates of | 0002| that political party for federal office. Any abbreviation, | 0003| misspelling or other minor variation in the form of the name | 0004| of a candidate or a political party shall be disregarded in | 0005| determining the validity of the ballot if the intention of the | 0006| overseas voter can be ascertained. | 0007| C. A federal write-in absentee ballot of an | 0008| overseas voter shall not be counted if: | 0009| (1) the ballot is submitted from any location | 0010| in the United States; | 0011| (2) the application of the overseas voter for | 0012| ~[a New Mexico]~ |an| absentee ballot is received by the | 0013| county clerk less than thirty days before the election; or | 0014| (3) the ~[New Mexico]~ absentee ballot of the | 0015| overseas voter is received by the county clerk later than | 0016| ~[seven]~ |7:00| p.m. on election day." | 0017| Section 5. Section 1-6-5 NMSA 1978 (being Laws 1969, | 0018| Chapter 240, Section 131, as amended by Laws 1993, Chapter | 0019| 314, Section 43 and also by Laws 1993, Chapter 316, Section | 0020| 43) is amended to read: | 0021| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT-- | 0022| ~[MAKING]~ |MARKING| AND DELIVERY OF BALLOT IN PERSON.-- | 0023| A. The county clerk shall mark each completed | 0024| absentee ballot application with the date and time of receipt | 0025| in the clerk's office and enter the required information in | - 6 - 0001| the absentee ballot register. The county clerk shall then | 0002| determine if the applicant is a voter, an absent uniformed | 0003| services voter or an overseas voter. | 0004| B. If the applicant has no valid certificate of | 0005| registration on file in the county and he is not a federal | 0006| qualified elector or if the applicant states he is a federal | 0007| qualified elector but his application indicates he is not a | 0008| federal qualified elector, no absentee ballot shall be issued | 0009| ~[and]~. The county clerk shall mark the application | 0010| "rejected" and file the application in a separate file from | 0011| those accepted. | 0012| C. The county clerk shall notify in writing each | 0013| applicant of the fact of acceptance or rejection of his | 0014| application and, if rejected, shall explain why the | 0015| application was rejected. | 0016| D. If the |county clerk finds that the| applicant | 0017| is ~[determined to be]~ a voter or a federal qualified | 0018| elector, the county clerk shall mark the application | 0019| "accepted" and deliver |an absentee ballot to the voter in the | 0020| county clerk's office |or mail to the applicant an absentee | 0021| ballot and the required envelopes for use in returning the | 0022| ballot. Acceptance of an application of a federal qualified | 0023| elector constitutes registration for the election in which the | 0024| ballot is to be cast. Acceptance of an application from an | 0025| overseas voter who is not an absent uniformed services voter | - 7 - 0001| constitutes a request for changing information on the | 0002| certificate of registration of any such voter. No absent | 0003| voter shall be permitted to change his party affiliation | 0004| during those periods when change of party affiliation is | 0005| prohibited by the Election Code. Upon delivery |of an | 0006| absentee ballot to a voter in the county clerk's office| or | 0007| mailing of an absentee ballot to ~[any]~ |an| applicant who is | 0008| a voter, an appropriate designation shall be made on the | 0009| signature line of the signature roster next to the name of the | 0010| ~[person]~ |voter| who has been ~[sent]~ |provided or mailed| | 0011| an absentee ballot. | 0012| E. If an application for an absentee ballot is | 0013| delivered in person to the county clerk and is accepted, the | 0014| county clerk shall ~[deliver the]~ |provide the voter an| | 0015| absentee ballot and it shall be marked by the applicant in a | 0016| voting booth of a type prescribed by the secretary of state | 0017| ~[in the courthouse]~, sealed in the proper envelopes and | 0018| otherwise properly executed and returned to the county clerk | 0019| or his authorized representative before the ~[applicant]~ | 0020| |voter| leaves the office of the county clerk. The act of | 0021| marking the absentee ballot in the office of the county clerk | 0022| shall be a convenience to the voter in the delivery of the | 0023| absentee ballot and does not make the office of the county | 0024| clerk a polling place subject to the requirements of a polling | 0025| place in the Election Code other than is provided in this | - 8 - 0001| subsection. It shall be unlawful to solicit votes, display or | 0002| otherwise make accessible any posters, signs or other forms of | 0003| campaign literature whatsoever in the clerk's office. | 0004| Absentee ballots may be marked in person during the regular | 0005| hours and days of business at the county clerk's office from | 0006| 8:00 a.m. on the fortieth day preceding the election up until | 0007| 5:00 p.m. on the Saturday immediately prior to the date of the | 0008| election. | 0009| |F.| In marking the absentee ballot, the voter may | 0010| be assisted by one person of the voter's ~[own]~ choice ~[upon | 0011| the execution with the county clerk of an affidavit for | 0012| assistance stating therein that the voter meets at least one | 0013| of the conditions for receiving such assistance as is set | 0014| forth by the provisions of Section 1-12-12 NMSA 1978]~. | 0015| |G. Commencing with the twentieth day prior to an | 0016| election, an absent voter may vote in person at the county | 0017| clerk's office or on an electronic voting machine at an | 0018| alternate location established by the county clerk. In class | 0019| A counties, the county clerk shall establish not less than | 0020| four alternate locations as a convenience to the voters. | 0021| Absentee voting may be done at the county clerk's office or an | 0022| alternate location during the regular hours of business from | 0023| 8:00 a.m. on the twentieth day prior to the election until | 0024| 5:00 p.m. on the Thursday immediately prior to the election. | 0025| The county clerk shall ensure that procedures established for | - 9 - 0001| processing an absent voter application and for voting by | 0002| absentee ballot are complied with at each alternate location.| | 0003| ~[F.]~ |H.| Absentee ballots shall be air mailed | 0004| to applicants temporarily domiciled inside or outside the | 0005| continental limits of the United States not later than on the | 0006| Thursday immediately prior to the date of the election. | 0007| ~[G.]~ |I.| No absentee ballot shall be delivered | 0008| or mailed |by the county clerk| to any person other than the | 0009| applicant for such ballot. | 0010| ~[H.]~ |J.| The county clerk shall accept and | 0011| process with respect to a primary or general election for any | 0012| federal office, any otherwise valid voter registration | 0013| application from an absent uniformed services voter or | 0014| overseas voter if the application is received not less than | 0015| thirty days before the election. The county clerk shall also | 0016| accept and process federal write-in absentee ballots from | 0017| overseas voters in general elections for federal offices in | 0018| accordance with the provisions of Section 103 of the federal | 0019| Uniformed and Overseas Citizens Absentee Voting Act. | 0020| |K. The secretary of state and each county clerk | 0021| shall make reasonable efforts to publicize and inform voters | 0022| of the times and locations for absentee voting.|" | 0023| Section 6. A new section of the Absent Voter Act is | 0024| enacted to read: | 0025| "[|NEW MATERIAL|] PREPARATION OF ELECTRONIC VOTING | - 10 - 0001| MACHINES.-- | 0002| A. Five days before an electronic voting machine | 0003| is issued for absentee voting as provided in Section 1-6-9.1 | 0004| NMSA 1978, the county clerk may begin to prepare, inspect and | 0005| seal the voting machine in accordance with the specifications | 0006| for electronic voting machines adopted by the secretary of | 0007| state. | 0008| B. One day before any electronic voting machine is | 0009| used for absentee voting, the county clerk shall certify to | 0010| the secretary of state and all county party chairmen the type | 0011| and serial number of each voting machine to be used." | 0012| Section 7. A new section of the Absent Voter Act is | 0013| enacted to read: | 0014| "[|NEW MATERIAL|] SECRETARY OF STATE--EMERGENCY | 0015| AUTHORITY.--The secretary of state shall have emergency | 0016| authority to prescribe by regulation procedures to accommodate | 0017| the special absentee ballot requirements brought on by | 0018| activation of the New Mexico national guard and reserve units or | 0019| for individuals who are overseas voters, and procedures for a | 0020| special write-in absentee ballot available at least ninety days | 0021| prior to an election to cover candidates for federal offices." | 0022| Section 8. Section 1-6-6 NMSA 1978 (being Laws 1969, | 0023| Chapter 240, Section 132, as amended) is amended to read: | 0024| "1-6-6. ABSENTEE BALLOT REGISTER.-- | 0025| A. For each election, the county clerk shall keep | - 11 - 0001| an "absentee ballot register" in which he shall enter: | 0002| (1) the name and ~[county]~ address of each | 0003| absentee ballot applicant; | 0004| (2) the date and time of receipt of the | 0005| application; | 0006| (3) whether the application was accepted or | 0007| rejected; | 0008| (4) the date of ~[delivery or]~ |issue of an | 0009| absentee ballot in the county clerk's office or at an | 0010| alternate location or the| mailing of an absentee ballot to | 0011| the applicant; | 0012| (5) the applicant's precinct; | 0013| (6) whether the applicant is a voter, a | 0014| federal voter, a federal qualified elector or an overseas | 0015| citizen voter; and | 0016| (7) the date and time the completed | 0017| |absentee| ballot was received from the applicant by the | 0018| county clerk |or the absent voter voted in the county clerk's | 0019| office or at an alternate location|. | 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 |a| notice of rejection |to | 0023| the applicant|. | 0024| C. The absentee ballot register is a public record | 0025| open to public inspection in the county clerk's office during | - 12 - 0001| regular office hours. | 0002| D. The county clerk shall deliver to the | 0003| ~[absentee]~ |absent voter precinct| board on election day a | 0004| complete list of all absentee ballot applicants with | 0005| applicable information shown in the absentee ballot register | 0006| for each applicant up to ~[noon of the day]~ |5:00 p.m. on the | 0007| Thursday| preceding the election. The county clerk shall | 0008| deliver a signature roster containing the same information as | 0009| the lists to the ~[absentee]~ |absent voter precinct| board. | 0010| E. The county clerk shall transmit to the | 0011| secretary of state and to the county chairman of each of the | 0012| major political parties in the county a complete copy of | 0013| entries made in the absentee ballot register. Such | 0014| transmissions shall be made once each week beginning four | 0015| weeks immediately prior to the election. A final copy shall | 0016| be transmitted on the Friday immediately following the | 0017| election." | 0018| Section 9. Section 1-6-7 NMSA 1978 (being Laws 1969, | 0019| Chapter 240, Section 133, as amended) is amended to read: | 0020| "1-6-7. FORM OF ABSENTEE BALLOT.--As soon as candidates | 0021| and questions to be voted upon have been determined for each | 0022| election, the county clerk shall procure a supply of suitable | 0023| absentee ballots. The absentee ~[ballot]~ |ballots| shall be | 0024| numbered and shall be, as nearly as ~[practicable]~ | 0025| |possible|, in the same form as prescribed by the secretary of | - 13 - 0001| state for emergency ballots. However, to reduce weight and | 0002| bulk for transport of absentee ballots, the size and weight of | 0003| the paper for envelopes, ballots and instructions shall be | 0004| reduced as much as possible. Absentee ballots shall be | 0005| printed at least forty days prior to the date of a primary | 0006| election and forty-nine days prior to the date of a general | 0007| election. Absentee ballots for any other election shall be | 0008| printed at least thirty-five days prior to the date of the | 0009| election." | 0010| Section 10. Section 1-6-8 NMSA 1978 (being Laws 1969, | 0011| Chapter 240, Section 134, as amended) is amended to read: | 0012| "1-6-8. ABSENTEE BALLOT ENVELOPES.-- | 0013| A. The secretary of state shall prescribe the form | 0014| of, procure and distribute to each county clerk a supply of: | 0015| (1) official inner envelopes for use in | 0016| sealing the completed absentee ballot; | 0017| (2) official mailing envelopes for use in | 0018| returning the official inner envelope to the county clerk; | 0019| provided the official mailing envelope for absentee ballots in | 0020| a general election shall contain no designation of party | 0021| affiliation; | 0022| (3) absentee ballot instructions, describing | 0023| proper methods for completion of the ballot and returning it; | 0024| and | 0025| (4) official transmittal envelopes for use by | - 14 - 0001| the county clerk in mailing absentee ballot materials. | 0002| B. Official transmittal envelopes and official | 0003| mailing envelopes for transmission of absentee ballot | 0004| materials to and from the county clerk and federal qualified | 0005| electors shall be printed in red in the form prescribed by the | 0006| federal Uniformed and Overseas Citizens Absentee Voting Act. | 0007| Official transmittal envelopes and official mailing envelopes | 0008| for transmission of absentee ballot materials to and from the | 0009| county clerk and voters shall be printed in black in | 0010| substantially similar form. All official inner envelopes | 0011| shall be printed in black. | 0012| C. The reverse of each official mailing envelope | 0013| shall contain a form to be executed by the ~[person]~ |voter| | 0014| completing the absentee ballot. The form shall identify the | 0015| ~[person]~ |voter| and shall contain the following statement: | 0016| "I will not vote in this election other than by the enclosed | 0017| ballot. I will not receive or offer any compensation or | 0018| reward for giving or withholding any vote."." | 0019| Section 11. Section 1-6-9 NMSA 1978 (being Laws 1969, | 0020| Chapter 240, Section 135, as amended) is amended to read: | 0021| "1-6-9. MANNER OF VOTING |BY ABSENTEE BALLOT|.-- | 0022| A. Any person voting ~[under provisions of]~ | 0023| |pursuant to| the Absent Voter Act shall secretly mark his | 0024| |absentee| ballot in the manner provided in the Election Code | 0025| for marking emergency paper ballots, place it in the official | - 15 - 0001| inner envelope and securely seal the envelope. The voter | 0002| shall then place the official inner envelope inside the | 0003| official mailing envelope and securely seal the envelope. The | 0004| voter shall then complete the form on the reverse of the | 0005| official mailing envelope, which shall include an affirmation | 0006| by the voter under penalty of perjury that the facts stated in | 0007| the form are true. | 0008| B. Federal qualified electors shall either deliver | 0009| or mail the official mailing envelope to the county clerk of | 0010| their county of residence or deliver it to a person designated | 0011| by federal authority to receive executed ballots for | 0012| transmission to the county clerk of the county of residence or | 0013| former residence as the case may be. Voters shall either | 0014| deliver or mail the official mailing envelope to the county | 0015| clerk of their county of residence." | 0016| Section 12. Section 1-6-9.1 NMSA 1978 (being Laws 1991, | 0017| Chapter 105, Section 13, as amended) is amended to read: | 0018| "1-6-9.1. ~[USING THE MARKSENSE]~ |VOTING BY ELECTRONIC| | 0019| BALLOT.--~[Any person]~ |An absent voter| voting on ~[the | 0020| marksense]~ |an electronic| ballot shall secretly mark the | 0021| ballot ~[by completing the arrow ( ) ( ) in pencil directly | 0022| to the right of the candidate's name or the proposed question. | 0023| The voter shall then place the marked ballot in the official | 0024| inner envelope and securely seal the envelope and then place | 0025| the official inner envelope inside the official mailing | - 16 - 0001| envelope and securely seal the envelope. The voter shall then | 0002| complete the form on the reverse of the official mailing | 0003| envelope]~ |in accordance with the instructions on that | 0004| ballot, and the vote cast shall be recorded on an electronic | 0005| voting machine|." | 0006| Section 13. Section 1-6-10 NMSA 1978 (being Laws 1969, | 0007| Chapter 240, Section 136, as amended) is amended to read: | 0008| "1-6-10. RECEIPT OF ABSENTEE BALLOTS BY CLERK.-- | 0009| A. The county clerk shall mark on each completed | 0010| official mailing envelope the date and time of receipt in the | 0011| clerk's office, record this information in the absentee ballot | 0012| register and safely keep the official mailing envelope | 0013| unopened in a locked |and number-sealed| ballot box, |except | 0014| as provided in Subsection H of Section 1-6-14 NMSA 1978|, | 0015| until it is delivered on election day to the proper |absent | 0016| voter |precinct board or until it is canceled and destroyed in | 0017| accordance with law. | 0018| B. The county clerk shall accept completed | 0019| official mailing envelopes until 7:00 p.m. on election day. | 0020| Any completed official mailing envelope received after that | 0021| time 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 | - 17 - 0001| without opening or permitting the contents to be examined, | 0002| cast, counted or canvassed. Before their destruction, the | 0003| county clerk shall count the numbers of late |absentee| | 0004| ballots from voters, federal voters, overseas citizen voters | 0005| and federal qualified electors and report the number from each | 0006| category to the secretary of state. | 0007| C. At 5:00 p.m. on the Monday immediately | 0008| preceding the date of election, the county clerk shall record | 0009| the numbers of the unused absentee ballots and shall publicly | 0010| destroy in the county clerk's office all such unused ballots. | 0011| The county clerk shall execute a certificate of ~[such]~ | 0012| destruction, which shall include the numbers on the |absentee| | 0013| ballots destroyed. A copy of the certificate of destruction | 0014| shall be sent to the secretary of state." | 0015| Section 14. Section 1-6-11 NMSA 1978 (being Laws 1969, | 0016| Chapter 240, Section 137, as amended) is amended to read: | 0017| "1-6-11. DELIVERY OF ABSENTEE BALLOTS TO ABSENT VOTER | 0018| PRECINCTS.-- | 0019| |A.| On election day, the county clerk shall | 0020| deliver the absentee ballots received ~[by him]~ prior to 7:00 | 0021| p.m. on election day to the special deputy county clerks for | 0022| delivery to the absent voter precinct boards. The absentee | 0023| ballots for each absent voter precinct shall be separately | 0024| wrapped, and the special deputy county clerk shall |issue a| | 0025| receipt for all ballots ~[taken by him]~ |delivered| for the | - 18 - 0001| county clerk. Upon delivery of the absentee ballots to the | 0002| absent voter precinct board, the special deputy county clerk | 0003| shall remain in the polling place of the absent voter precinct | 0004| until he has observed the opening of the official mailing | 0005| envelope, the deposit of the ballot in the locked ballot box | 0006| and the listing of the names on the official mailing envelope | 0007| in the signature rosters. Upon ~[such]~ delivery of absentee | 0008| ballots, the special deputy county clerk shall obtain a | 0009| receipt executed by the presiding judge and each election | 0010| judge and he shall return ~[such]~ |the| receipt to the county | 0011| clerk for filing. The receipts shall specify the number of | 0012| envelopes received by the special deputy county clerk from the | 0013| county clerk for each absent voter precinct and the number of | 0014| envelopes received by the absent voter precinct board from the | 0015| special deputy county clerk. | 0016| |B. At 7:00 a.m. on election day, the county clerk | 0017| shall deliver the electronic voting machines used for absentee | 0018| voting to the absent voter precinct board. The machines shall | 0019| not be used to vote on or count additional ballots for that | 0020| election. A special deputy county clerk shall issue a receipt | 0021| for each voting machine. Upon delivery of a voting machine, | 0022| the special deputy shall obtain a receipt executed by the | 0023| presiding judge and each election judge specifying the serial | 0024| number and the seal number of the machine and shall verify the | 0025| public counter number on the machine, and he shall return the | - 19 - 0001| receipt to the county clerk for filing. Thereafter, the | 0002| absent voter precinct board shall proceed as specified in | 0003| Sections 1-6-1 through 1-6-25 NMSA 1978.|" | 0004| Section 15. Section 1-6-14 NMSA 1978 (being Laws 1971, | 0005| Chapter 317, Section 11, as amended) is amended to read: | 0006| "1-6-14. HANDLING ABSENTEE BALLOTS BY ABSENT VOTER | 0007| PRECINCT BOARDS.-- | 0008| A. Before opening any official mailing envelope, | 0009| the presiding judge and the election judges shall determine | 0010| that the required information has been completed on the | 0011| reverse side of the official mailing envelope. | 0012| B. If the voter's signature is missing, the | 0013| presiding judge shall write "Rejected" on the front of the | 0014| official mailing envelope. The election clerks shall enter | 0015| the voter's name in the signature rosters and shall write the | 0016| notation "Rejected--Missing Signature" in the "Notations" | 0017| column of the signature rosters. The presiding |election| | 0018| judge shall place the official mailing envelope unopened in an | 0019| envelope provided for rejected ballots, seal the envelope and | 0020| write the voter's name on the front of the envelope and | 0021| deposit it in the locked ballot box. | 0022| C. The accredited challengers may examine the | 0023| official mailing envelope and may challenge the ballot of any | 0024| absent voter for the following reasons: | 0025| (1) the official mailing envelope has been | - 20 - 0001| opened prior to being received by the |absent voter| precinct | 0002| board; or | 0003| (2) the person offering to vote is not a | 0004| federal voter, federal qualified elector, overseas citizen | 0005| voter or voter as provided in the Election Code. | 0006| Upon the challenge of an absentee ballot, the election | 0007| judges and the presiding |election| judge shall follow the | 0008| same procedure as when ballots are challenged when a person | 0009| attempts to vote in person. If a challenge is upheld, the | 0010| official mailing envelope shall not be opened but shall be | 0011| placed in an envelope provided for challenged ballots. The | 0012| same procedure shall be followed in canvassing and determining | 0013| the validity of challenged absentee ballots as with other | 0014| challenged ballots. | 0015| D. If the official mailing envelopes have been | 0016| properly subscribed and the voters have not been challenged: | 0017| (1) the election judges shall open the | 0018| official mailing envelopes and deposit the ballots in their | 0019| still-sealed official inner envelopes in the locked ballot | 0020| box; and | 0021| (2) the election clerks shall enter the | 0022| absent voter's name and residence address as shown on the | 0023| official mailing envelope in the signature rosters and shall | 0024| mark the notation "AB" opposite the voter's name in the | 0025| "Notations" column of the signature rosters. | - 21 - 0001| E. Prior to the closing of the polls, the election | 0002| judges and the presiding |election| judge may either remove | 0003| the absentee ballots from the official inner envelopes and | 0004| count and tally the results of absentee balloting or, under | 0005| the personal supervision of the presiding |election| judge and | 0006| one election judge from each party, ~[register the results of | 0007| each absentee ballot on a]~ |count and tally the absentee | 0008| ballots on an electronic| voting machine the same as if the | 0009| absent voter had been present and voted in person. It ~[shall | 0010| be]~ |is| unlawful for any person to disclose the results of | 0011| ~[such]~ |a| count and tally ~[or such registration on a | 0012| voting machine]~ of absentee ballots prior to the closing of | 0013| the polls. | 0014| F. Absentee ballots shall be counted and tallied | 0015| ~[or registered on a lever voting machine or]~ |on| an | 0016| electronic voting machine as provided in the Election Code | 0017| ~[provided that any county with a population in excess of one | 0018| hundred thousand shall count and tally or register absentee | 0019| ballots on an electronic voting machine]~. | 0020| G. Absent voter precinct polls shall close at the | 0021| time prescribed by the Election Code for other polling places, | 0022| and the results of the election shall be certified as | 0023| prescribed by the secretary of state. | 0024| |H. The county clerk may convene the absent voter | 0025| precinct board no more than three days before the day of the | - 22 - 0001| election to alphabetize, enter on the roster and sort the | 0002| absentee ballots by legislative district; provided that no | 0003| member of the absent voter precinct board shall open an | 0004| official mailing envelope or count and canvass any absentee | 0005| ballot prior to the day of the election.|" | 0006| Section 16. Section 1-6-15 NMSA 1978 (being Laws 1977, | 0007| Chapter 222, Section 13, as amended) is amended to read: | 0008| "1-6-15. CANVASS--RECOUNT OR RECHECK--DISPOSITION.-- | 0009| ~[Where no]~ |If| voting machines are |not| used to register | 0010| absentee ballots, ~[such]~ |the absentee| ballots shall be | 0011| canvassed, recounted and disposed of in the manner provided by | 0012| the Election Code for the canvassing, recounting and | 0013| disposition of emergency paper ballots. ~[Where]~ |If| voting | 0014| machines are used to register absentee ballots, ~[such]~ |the| | 0015| ballots shall be canvassed and rechecked in the manner | 0016| provided by the Election Code for the canvassing and recheck | 0017| of ballots cast on a voting machine; provided, in the event of | 0018| a contest, voting machines used to register absentee ballots | 0019| shall not be rechecked but the absentee ballots shall be | 0020| recounted in the manner provided by the Election Code for the | 0021| recounting of emergency paper ballots. As used in this | 0022| section, "voting machines" means ~[lever voting machines or]~ | 0023| electronic voting machines as provided in the Election Code." | 0024| Section 17. Section 1-6-16 NMSA 1978 (being Laws 1969, | 0025| Chapter 240, Section 141, as amended by Laws 1989, Chapter | - 23 - 0001| 368, Section 2 and also by Laws 1989, Chapter 392, Section 15) | 0002| is amended to read: | 0003| "1-6-16. VOTING IN PERSON PROHIBITED.-- | 0004| A. |Except as provided in Section 1-6-16.1 NMSA | 0005| 1978|, no person who has been issued an ~[absent voter]~ | 0006| |absentee| ballot shall vote in person at his precinct poll. | 0007| B. At any time prior to 5:00 p.m. on the Monday | 0008| immediately preceding the date of the election, ~[any]~ |a| | 0009| person whose absentee ballot application has been accepted and | 0010| who was mailed an absentee ballot but who has not received the | 0011| absentee ballot may execute, in the office of the county clerk | 0012| of the county where he is registered to vote, a sworn | 0013| affidavit stating that he did not receive or vote his absentee | 0014| ballot. Upon receipt of the sworn affidavit, the county clerk | 0015| shall issue the voter a replacement absentee ballot. | 0016| C. The secretary of state shall prescribe the form | 0017| of the affidavit and the manner in which the county clerk | 0018| shall void the first ballot mailed to the applicant." | 0019| Section 18. Section 1-6-16.1 NMSA 1978 (being Laws 1989, | 0020| Chapter 368, Section 1, as amended) is amended to read: | 0021| "1-6-16.1. ABSENTEE BALLOT--CONDUCT OF ELECTION--WHEN | 0022| NOT TIMELY RECEIVED--EMERGENCY PROCEDURE FOR VOTING AND | 0023| COUNTING.-- | 0024| A. ~[Any applicant]~ |A voter who applies| for an | 0025| absentee ballot ~[who]~ |but| has not received the absentee | - 24 - 0001| ballot by mail as of the date of the election may present | 0002| himself at his assigned ~[precinct]~ polling place and, after | 0003| executing an affidavit of nonreceipt of absentee ballot, shall | 0004| be permitted to vote on an emergency paper ballot ~[or a | 0005| marksense ballot]~. | 0006| B. The completed ballot shall be placed in an | 0007| official inner envelope substantially as prescribed by Section | 0008| 1-6-8 NMSA 1978 and sealed. The official inner envelope shall | 0009| then be placed in an official envelope substantially as | 0010| prescribed for a transmittal envelope or mailing envelope in | 0011| Section 1-6-8 NMSA 1978. This envelope shall contain a form on | 0012| its back that identifies the voter by name and signature | 0013| roster number and ~[the]~ |a| printed statement to the effect | 0014| that the voter made application for an absentee ballot but had | 0015| not received it as of the date of the election and is | 0016| permitted to vote by emergency paper ballot ~[or a marksense | 0017| ballot]~. | 0018| C. The presiding |election| judge shall put all | 0019| ~[such]~ |absentee| ballots in a special envelope provided for | 0020| that purpose by the county clerk, seal it and return it to the | 0021| county clerk along with the machine tally sheets. The sealed | 0022| envelope shall not be put in the locked ballot box. | 0023| D. Upon receipt of the envelope containing ~[such | 0024| |absentee| ballots, the county clerk, no later than forty- | 0025| eight hours after the close of the election, shall remove the | - 25 - 0001| transmittal envelopes and, without removing or opening the | 0002| inner envelopes, determine [that]~: | 0003| (1) ~[such]~ |if a| voter did in fact make | 0004| application for an absentee ballot; and | 0005| (2) ~[no such]~ |if an| absentee ballot was | 0006| received by the county clerk from the voter by 7:00 p.m. on | 0007| election day. | 0008| E. Upon making ~[such]~ |that| determination, the | 0009| county clerk shall remove the inner envelope without opening | 0010| it, ~[destroy the transmittal envelope]~ |retain the | 0011| transmittal envelope with the other election returns| and | 0012| place the |unopened| inner envelope in a secure ~[place]~ | 0013| |container| to be transmitted to the county canvassing board | 0014| to be tallied and included in the canvass of that county for | 0015| the appropriate precinct. | 0016| F. The secretary of state shall prescribe and | 0017| furnish the necessary envelopes for purposes of this section | 0018| and shall adopt rules and regulations deemed necessary to | 0019| preserve the secrecy of ~[the ballot]~ |emergency paper | 0020| ballots|." | 0021| Section 19. Section 1-6-16.2 NMSA 1978 (being Laws 1993, | 0022| Chapter 353, Section 1) is amended to read: | 0023| "1-6-16.2. ADDITIONAL EMERGENCY PROCEDURE FOR VOTING.-- | 0024| A. After the close of the period for requesting | 0025| absentee ~[voter]~ ballots by mail, any voter |who is| unable | - 26 - 0001| to go to the polls due to unforeseen illness or disability | 0002| resulting in his confinement in a hospital, sanatorium, | 0003| nursing home or residence |and| who is unable to vote at his | 0004| |regular| polling place ~[voting booth or voting apparatus or | 0005| machinery]~ |or alternate location| may request in writing | 0006| that an alternative ballot be made available to him. The | 0007| written request shall be signed by the voter and a health care | 0008| provider under penalty of perjury. | 0009| B. The alternative ballot shall be made available | 0010| by the clerk of the county in which the voter resides to any | 0011| authorized representative of the voter who through his | 0012| representative has presented the written request to the office | 0013| of the clerk. | 0014| C. Before releasing the alternative ballot, the | 0015| county clerk shall compare the signature on the written | 0016| request with the signature on the voter's affidavit of | 0017| registration. If the county clerk determines that the | 0018| signature on the written request is not the signature of the | 0019| voter, he shall reject the request for an alternative ballot. | 0020| D. The voter shall mark the alternative ballot, | 0021| place it in an identification envelope similar to that used | 0022| for absentee ballots, fill out and sign the envelope and | 0023| return the ballot to the office of the clerk of the county in | 0024| which the voter resides no later than the time of closing of | 0025| the polls on election day. The voter's name shall be compared | - 27 - 0001| to the roster of voters and the |alternative| ballot shall | 0002| only be counted if there is no signature for that voter on the | 0003| roster of the precinct where that voter's name appears. | 0004| E. Alternative ballots shall be processed and | 0005| counted in the same manner as absentee ballots. | 0006| F. The secretary of state shall prescribe the form | 0007| of alternative ballots and shall distribute an appropriate | 0008| number of alternative ballots to each county clerk." | 0009| Section 20. Section 1-6-17 NMSA 1978 (being Laws 1969, | 0010| Chapter 240, Section 142) is amended to read: | 0011| "1-6-17. CANCELLATION OF ABSENTEE BALLOT AT DEATH.--If | 0012| any person voting under the provisions of the Absent Voter Act | 0013| dies after mailing or delivering his absentee ballot to the | 0014| county clerk but before the absentee ballot is ~[delivered to | 0015| the deceased person's precinct board, his]~ |counted, the| | 0016| official outer envelope shall be marked ~["cancelled by board | 0017| of registration"]~ |"canceled"| and preserved by the county | 0018| clerk in the same manner as provided for other uncast ballots | 0019| in |Subsection B of| Section ~[3-6-10B NMSA 1953]~ |1-6-10 | 0020| NMSA 1978|." | 0021| Section 21. Section 1-6-21 NMSA 1978 (being Laws 1975, | 0022| Chapter 255, Section 93, as amended) is amended to read: | 0023| "1-6-21. CONSOLIDATION OF ABSENT VOTER PRECINCTS.-- | 0024| Absent voter precincts may be consolidated ~[if]~ |by| the | 0025| governing authority |if it| deems it desirable and so directs | - 28 - 0001| by resolution." | 0002| Section 22. Section 1-6-23 NMSA 1978 (being Laws 1975, | 0003| Chapter 255, Section 95, as amended) is amended to read: | 0004| "1-6-23. ABSENT VOTER PRECINCT POLLING PLACE--HOURS ON | 0005| ELECTION DAY |AND SUBSEQUENT DAYS|.--|The county clerk or | 0006| statutorily appointed supervisor of the election shall | 0007| determine| the hours ~[in]~ |during| which the absent voter | 0008| precinct polling place shall be open for delivery and counting | 0009| of ballots ~[shall be set by the county clerk or statutorily | 0010| appointed supervisor of the election]~ |on election day and | 0011| subsequent days until all ballots are counted|." | 0012| Section 23. Section 1-6-24 NMSA 1978 (being Laws 1969, | 0013| Chapter 54, Section 5, as amended) is amended to read: | 0014| "1-6-24. ABSENT VOTER PRECINCT BOARD APPOINTMENT.-- | 0015| |A.| The county clerk of each county shall appoint | 0016| ~[and compensate]~ |absent voter| precinct board members and | 0017| their respective alternates for each absent voter precinct | 0018| ~[in the manner specified in the Election Code for other | 0019| precinct board members]~ |and shall compensate them at an | 0020| hourly rate set by the county clerk.| | 0021| |B. A minimum of three precinct board members | 0022| shall be appointed to the absent voter precinct board with no | 0023| more than two members belonging to the same political party.|" | 0024| Section 24. A new section of the Absent Voter Act is | 0025| enacted to read: | - 29 - 0001| "[|NEW MATERIAL|] SECURITY--COUNTING AND CANVASSING.--The | 0002| secretary of state shall adopt rules and regulations for | 0003| protecting the integrity, security and secrecy of the absentee | 0004| ballots, including procedures specifying that machines and | 0005| ballot containers remain locked and that ballots not be | 0006| removed prior to election day; procedures for voting by | 0007| absentee ballot; separation of absentee ballots voted on | 0008| electronic voting machines twenty days before the election | 0009| from those received through the mail; disposition of absentee | 0010| ballots rejected by a voting machine; handling of, counting | 0011| and canvassing of absentee ballots; and sorting of absentee | 0012| ballots by representative district for canvassing purposes." | 0013| Section 25. Section 1-8-13 NMSA 1978 (being Laws 1969, | 0014| Chapter 240, Section 162, as amended) is amended to read: | 0015| "1-8-13. PRIMARY ELECTION LAW--CONTENTS OF | 0016| PROCLAMATION.--The proclamation calling a primary election | 0017| shall contain: | 0018| A. the names of the major political parties | 0019| participating in the primary election; | 0020| B. the offices for which each political party | 0021| shall nominate candidates; provided that if any law is enacted | 0022| by the legislature in the year in which the primary election | 0023| is held and ~[such]~ |the| law does not take effect until | 0024| after the date of the proclamation but prior to the date of | 0025| the primary election, the proclamation shall conform to the | - 30 - 0001| intent of ~[such]~ |the| law with respect to the offices for | 0002| which each political party shall nominate candidates; | 0003| C. the date on which declarations of candidacy and | 0004| nominating petitions for United States representative, any | 0005| office voted upon by all the voters of the state, a | 0006| legislative office, the office of district judge, district | 0007| attorney, state board of education or magistrate shall be | 0008| filed and the places where they shall be filed in order to | 0009| have the candidates' names printed on the official ballot of | 0010| their party at the primary election; | 0011| D. the date on and place at which declarations of | 0012| candidacy shall be filed for any other office and filing fees | 0013| paid or, in lieu thereof, a pauper's statement of inability to | 0014| pay; | 0015| ~[E. the date on and place at which declarations | 0016| of intent to be a write-in candidate for a statewide office or | 0017| office of United States representative shall be filed; | 0018| F. the date on and place at which declarations of | 0019| intent to be a write-in candidate for any other office shall | 0020| be filed; | 0021| G.]~ |E.| the final date on and place at which | 0022| candidates for the office of United States representative and | 0023| for any statewide office seeking preprimary convention | 0024| designation by the major parties shall file petitions and | 0025| declarations of candidacy; | - 31 - 0001| ~[H.]~ |F.| the final date on which the major | 0002| political parties shall hold state preprimary conventions for | 0003| the designation of candidates; and | 0004| ~[I.]~ |G.| the final date on and place at which | 0005| certificates of designation of primary election candidates | 0006| shall be filed by political parties with the secretary of | 0007| state. | 0008| As used in the Primary Election Law, "statewide office" | 0009| means any office voted on by all the voters of the state." | 0010| Section 26. Section 1-8-30 NMSA 1978 (being Laws 1973, | 0011| Chapter 228, Section 4, as amended) is amended to read: | 0012| "1-8-30. PRIMARY ELECTION LAW--DECLARATION OF | 0013| CANDIDACY--NOMINATING PETITION--FILING AND FORM.-- | 0014| A. As used in the Primary Election Law, | 0015| "nominating petition" means the authorized form used for | 0016| obtaining the required number of signatures of voters, which | 0017| is signed on behalf of the person wishing to become a | 0018| candidate for a political office in the primary election | 0019| requiring a nominating petition. | 0020| B. In making a declaration of candidacy, the | 0021| candidate at the same time shall file a nominating petition, | 0022| which shall be on ~[forms]~ |the form| prescribed by law. | 0023| C. The nominating petition shall be on paper | 0024| approximately eight and one-half inches wide and fourteen | 0025| inches long with numbered lines for signatures spaced | - 32 - 0001| approximately three-eighths of an inch apart and shall be in | 0002| the following form: | 0003| "NOMINATING PETITION | 0004| I, the undersigned, a registered voter of the | 0005| county of _______________, New Mexico, and a member of | 0006| the____________ party, hereby nominate _______________, | 0007| who resides at __________________ in the county of | 0008| _______________, New Mexico, for the party nomination for | 0009| the office of ________________________, to be voted for | 0010| at the primary election to be held on the first Tuesday | 0011| of June, ~[19]~_____, and I declare that I am a resident | 0012| of the state, district, county or area to be represented | 0013| by the office for which the person being nominated is a | 0014| candidate. I also declare that I have not signed, and | 0015| will not sign, any nominating petition for more persons | 0016| than the number of candidates necessary to fill such | 0017| office at the next ensuing general election. | 0018| 1. ____________ _____________ ____________ __________ | 0019| (usual (name printed (address as (city or | 0020| signature) as registered) registered) rt. no.) | 0021| 2. _____________ _____________ ____________ __________ | 0022| (usual (name printed (address as (city or | 0023| signature) as registered) registered) rt. no.).". | 0024| D. In October of odd-numbered years, the secretary | 0025| of state shall furnish to each county clerk a sample of a | - 33 - 0001| nominating petition form, a copy of which shall be made | 0002| available by the county clerk upon request of any candidate. | 0003| ~[E. The signature of the voter shall not be | 0004| counted unless the voter was a registered member of the | 0005| candidate's party ten days prior to the filing of the | 0006| nominating petition. The signature of the voter shall not be | 0007| counted unless the entire line indicates the voter's usual | 0008| signature, his name printed as registered and his address as | 0009| registered and his city or route number and is upon the form | 0010| furnished by the secretary of state to the county clerks or a | 0011| duplicate thereof. | 0012| F.]~ |E.| When more than one sheet is required for | 0013| a petition, each of the sheets shall be in the form prescribed | 0014| by this section and all sheets shall be firmly secured by a | 0015| staple or other suitable fastening." | 0016| Section 27. Section 1-8-31 NMSA 1978 (being Laws 1973, | 0017| Chapter 228, Section 5, as amended by Laws 1993, Chapter 314, | 0018| Section 47 and also by Laws 1993, Chapter 316, Section 47) is | 0019| amended to read: | 0020| "1-8-31. PRIMARY ELECTION LAW--NOMINATING PETITION-- | 0021| SIGNATURES TO BE COUNTED.-- | 0022| A. ~[Each signer of]~ |A person who signs| a | 0023| nominating petition shall sign but one petition for the same | 0024| office unless more than one candidate is to be elected to | 0025| ~[such]~ |that| office, and in that case |a person may sign| | - 34 - 0001| not more than the number of nominating petitions equal to the | 0002| number of candidates to be elected to the office ~[shall be | 0003| signed]~. | 0004| |B. A person who signs a nominating petition shall | 0005| indicate his residence as his address. If the person does not | 0006| have a residential address, he may provide his mailing | 0007| address.| | 0008| ~[B.]~ |C.| A signature shall be counted on a | 0009| nominating petition unless there is evidence presented that | 0010| the person signing ~[is not a]~: | 0011| |(1) was not a registered member of the | 0012| candidate's political party ten days prior to the filing of | 0013| the nominating petition; | 0014| (2) failed to provide information required by | 0015| the nominating petition sufficient to determine that the | 0016| person is a qualified| voter of the state, district, county or | 0017| area to be represented by the office for which the person | 0018| seeking the nomination is a candidate; | 0019| ~[(2)]~ |(3)| has signed more than one | 0020| petition for the same office, except as provided in Subsection | 0021| A of this section, or has signed one petition more than once; | 0022| ~[(3)]~ |(4)| is not of the same political | 0023| party as the candidate named in the nominating petition as | 0024| shown by the signer's certificate of registration; or | 0025| ~[(4)]~ |(5)| is not the person whose name | - 35 - 0001| appears on the nominating petition. | 0002| ~[C.]~ |D.| The procedures set forth in this | 0003| section shall be used to validate signatures on any petition | 0004| required by the Election Code, |except that Paragraphs (1) and | 0005| (4) of Subsection C of this section shall not apply to | 0006| petitions filed by unaffiliated candidates or petitions filed | 0007| by candidates of minor political parties|." | 0008| Section 28. Section 1-8-44 NMSA 1978 (being Laws 1969, | 0009| Chapter 240, Section 182, as amended) is amended to read: | 0010| "1-8-44. PRIMARY ELECTION LAW--WITHDRAWAL OF CANDIDATES-- | 0011| |DATE OF WITHDRAWAL|.--~[No]~ |A| candidate ~[shall]~ |seeking | 0012| to| withdraw from a primary election ~[unless he withdraws]~ | 0013| |shall withdraw| no later than the first ~[Friday after the | 0014| filing date]~ |Tuesday in April before that primary election|." | 0015| Section 29. Section 1-8-49 NMSA 1978 (being Laws 1977, | 0016| Chapter 322, Section 5) is amended to read: | 0017| "1-8-49. INDEPENDENT CANDIDATES FOR GENERAL ~[OR UNITED | 0018| STATES REPRESENTATIVE SPECIAL]~ ELECTIONS--CANDIDATES FOR | 0019| PRESIDENT |AND VICE PRESIDENT|.--~[If the person filing the | 0020| declaration of independent candidacy is a candidate for | 0021| president of the United States, he shall also file the names | 0022| and addresses of the required number of presidential electors | 0023| who intend to vote for such independent candidate in the | 0024| electoral college]~ | 0025| |A. Nomination as an independent candidate for | - 36 - 0001| president or vice president shall be made by filing a | 0002| declaration of independent candidacy with the proper filing | 0003| officer. The candidate for president shall also at the same | 0004| time file a nominating petition with the required number of | 0005| signatures. | 0006| B. In making a declaration of independent | 0007| candidacy for president, the candidate shall submit a sworn | 0008| statement in the following form: | 0009| "DECLARATION OF INDEPENDENT CANDIDACY FOR PRESIDENT | 0010| I, (candidate's name), being duly sworn, say | 0011| that I am a citizen of the United States, have been a resident | 0012| of the United States for at least fourteen years and have | 0013| attained the age of thirty-five. | 0014| I desire to become a candidate for the office of | 0015| president of the United States at the general election to be | 0016| held on the date set by law for this year. I will be eligible | 0017| and legally qualified to hold this office at the beginning of | 0018| its term. | 0019| The name of my vice presidential running mate, whom I | 0020| selected is . The names and addresses of | 0021| the required number of presidential electors who intend to | 0022| vote for me and for my vice presidential running mate in the | 0023| electoral college are: | 0024| | 0025| (name) (name) | - 37 - 0001| | 0002| (residence address) (residence address) | 0003| | 0004| (mailing address) (mailing address) | 0005| | 0006| (city) (city) | 0007| | 0008| (state and zip code) (state and zip code)| | 0009| | 0010| (name) (name) | 0011| | 0012| (residence address) (residence address) | 0013| | 0014| (mailing address) (mailing address) | 0015| | 0016| (city) (city) | 0017| | 0018| (state and zip code) (state and zip code) | 0019| | 0020| (name) | 0021| | 0022| (residence address) | 0023| | 0024| (mailing address) | 0025| | - 38 - 0001| (city) | 0002| | 0003| (state and zip code) | 0004| I submit with this statement a nominating petition in the | 0005| form and manner prescribed by the Election Code. I make the | 0006| foregoing affidavit under oath, knowing that any false | 0007| statement herein constitutes a felony punishable in accordance | 0008| with the criminal laws of New Mexico. | 0009| | 0010| (declarant) | 0011| | 0012| (residence address) | 0013| | 0014| (mailing address) | 0015| | 0016| (city) | 0017| | 0018| (state and zip code) | 0019| Subscribed and sworn to me this day of | 0020| , | 0021| (year) | 0022| | 0023| notary public | 0024| My commission expires: | 0025| ". | - 39 - 0001| C. In making a declaration of independent | 0002| candidacy for vice president, the candidate shall submit a | 0003| sworn statement in the following form: | 0004| "DECLARATION OF INDEPENDENT CANDIDACY FOR VICE PRESIDENT | 0005| I, (candidate's name), being duly sworn, say | 0006| that I am a citizen of the United States, have been a resident | 0007| of the United States for at least fourteen years and have | 0008| attained the age of thirty-five. | 0009| I have been selected by independent presidential | 0010| candidate as his vice presidential running mate | 0011| and desire to be that candidate for vice president. I will be | 0012| eligible and legally qualified to hold this office at the | 0013| beginning of its term. | 0014| I make the foregoing affidavit under oath, knowing that | 0015| any false statement herein constitutes a felony punishable in | 0016| accordance with the criminal laws of New Mexico. | 0017| | 0018| (declarant) | 0019| | 0020| (residence address) | 0021| | 0022| (mailing address) | 0023| | 0024| (city) | 0025| | - 40 - 0001| (state and zip code) | 0002| Subscribed and sworn to me this day of | 0003| , | 0004| (year) | 0005| | 0006| (notary public) | 0007| My commission expires: | 0008| ". | 0009| D. The independent presidential electors whom the | 0010| independent candidate for president is required to name shall | 0011| be registered voters of New Mexico; they may or may not be | 0012| affiliated with a political party in New Mexico. United | 0013| States senators, United States representatives and persons | 0014| holding federal offices of trust or profit are not eligible to | 0015| be electors. | 0016| E. When independent candidates for president and | 0017| vice president appear on the general election ballot, a vote | 0018| for that pair of nominees is a vote for that presidential | 0019| candidate's electors. | 0020| F. If the independent candidates for president and | 0021| vice president receive the highest number of votes at the | 0022| general election, the independent presidential candidate's | 0023| electors shall be the presidential electors of the state of | 0024| New Mexico. As such, each elector shall be granted a | 0025| certificate of election by the state canvassing board, and | - 41 - 0001| each elector shall be subject to the provisions of Sections | 0002| 1-15-5 through 1-15-10 NMSA 1978." | 0003| Section 30. Section 1-8-50 NMSA 1978 (being Laws 1977, | 0004| Chapter 322, Section 6) is amended to read: | 0005| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED | 0006| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION | 0007| FORM.-- | 0008| A. As used in Sections ~[3-8-27.1 through 3-8-27.8 | 0009| NMSA 1953]~ |1-8-45 through 1-8-52 NMSA 1978|, "nominating | 0010| petition" means the |authorized| form ~[or forms]~ used for | 0011| obtaining the required number of signatures of voters | 0012| ~[which]~ |that| is signed on behalf of the person wishing to | 0013| become an independent candidate for a political office in a | 0014| general or United States representative special election | 0015| requiring a nominating petition. | 0016| |B. In making a declaration of candidacy, the | 0017| candidate shall file a nominating petition at the same time, | 0018| which shall be on forms prescribed by law.| | 0019| ~[B.]~ |C.| The nominating petition |for an | 0020| independent candidate for any office except president of the | 0021| United States| shall be on paper approximately eight and one- | 0022| half inches wide and fourteen inches long with numbered lines | 0023| for signatures spaced approximately three-eighths of an inch | 0024| apart and shall be in the following form: | 0025| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY | - 42 - 0001| |FOR ANY OFFICE EXCEPT PRESIDENT OF THE UNITED STATES| | 0002| I, the undersigned, a registered voter of the | 0003| county of ____________________, New Mexico, hereby | 0004| nominate ___________________________________, who resides | 0005| at _________________________ in the county of __________, | 0006| New Mexico, as an independent candidate for the office of | 0007| _________________________, to be voted for at the general | 0008| election ~[(United States representative special | 0009| election)] to be held on November _____, [19]~ _____, or | 0010| |United States representative special election to be held | 0011| on| ,| | | 0012| ___________________________________________ | 0013| (|month|) (|day|) (|year|) | 0014| and I declare that I am a resident of the state, | 0015| district, county or area to be represented by the office | 0016| for which the person being nominated is a candidate. I | 0017| also declare that I have not signed, and will not sign, | 0018| any nominating petition for more persons than the number | 0019| of candidates necessary to fill ~[such]~ |the| office at | 0020| the next ensuing general election |or at a United States | 0021| representative special election|. | 0022| 1. ____________ _____________ ____________ __________ | 0023| (usual (name printed (address as (city) | 0024| signature) as registered) registered) | 0025| 2. _____________ _____________ ____________ __________ | - 43 - 0001| (usual (name printed (address as (city)". | 0002| signature) as registered) registered) | 0003| |D. The nominating petition for an independent | 0004| candidate for the office of president of the United States | 0005| shall be on paper approximately eight and one-half inches wide | 0006| and fourteen inches long with numbered lines for signatures | 0007| spaced approximately three-eighths of an inch apart and shall | 0008| be in the following form: | 0009| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY| | 0010| FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES | 0011| I, the undersigned, a registered voter of the | 0012| county of , New Mexico, by endorsement | 0013| hereon, petition that the name of be | 0014| printed on the general election ballot as an independent | 0015| candidate for the office of president of the United | 0016| States, to be voted on at the general election to be held | 0017| on November , . I also declare that I am | 0018| that person whose name appears hereon and that I have not | 0019| signed, nor will I sign, any nominating petition for any | 0020| other candidate seeking the office of president of the | 0021| United States at the next ensuing general election.". | 0022| ~[C.]~ |E.| The secretary of state shall furnish | 0023| to each county clerk a sample of the nominating petition form, | 0024| a copy of which shall be made available by the county clerk | 0025| upon request of any candidate as provided by the Election | - 44 - 0001| Code. | 0002| ~[D. The signature of the voter shall not be | 0003| counted unless the entire line is filled out in full and is | 0004| upon the form prescribed by this section. | 0005| E.]~ |F.| When more than one sheet is required for | 0006| a petition, each of the sheets shall be in the form prescribed | 0007| by this section, and all sheets shall be firmly secured by a | 0008| staple or other suitable fastening." | 0009| Section 31. Section 1-12-7 NMSA 1978 (being Laws 1969, | 0010| Chapter 240, Section 246, as amended by Laws 1993, Chapter | 0011| 314, Section 54 and also by Laws 1993, Chapter 316, Section | 0012| 54) is amended to read: | 0013| "1-12-7. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO | 0014| VOTE.-- | 0015| A. No person shall vote in any primary, general or | 0016| statewide special election unless he is a voter of the | 0017| precinct in which he offers to vote. A valid original | 0018| certificate of registration in the county register is prima | 0019| facie evidence of being a voter in the precinct. | 0020| B. No person shall vote in any primary election | 0021| whose party affiliation is not designated on his original | 0022| certificate of registration. | 0023| C. No ~[voter]~ |person| at any primary election | 0024| shall be permitted to vote for the candidate of any party | 0025| other than the party designated on his ~[original]~ |current| | - 45 - 0001| certificate of registration ~[at the time the governor issues | 0002| the primary election proclamation. | 0003| D. No person shall vote in any primary, general or | 0004| statewide special election whose name and certificate of | 0005| registration number appears on the list of voters purged from | 0006| the rolls. The list shall be placed with the signature | 0007| rosters and delivered to the polls with the other election | 0008| supplies by the county clerk and shall consist of those voters | 0009| in the precinct purged since the last preceding general | 0010| election]~." | 0011| Section 32. Section 1-15-23 NMSA 1978 (being Laws 1969, | 0012| Chapter 240, Section 373) is amended to read: | 0013| "1-15-23. EXPIRING TERM AND ~[NEXT]~ SUCCEEDING TERM | 0014| ~[BALLOT--WRITE-IN]~.--~[A.]~ If the same individual is a | 0015| candidate at a general election for both the expiring term and | 0016| the ~[next]~ succeeding term, his name shall appear but once | 0017| on the ballot, and the name of the office, followed by the | 0018| words, "full and expiring terms". | 0019| ~[B. Provisions shall be made in the general | 0020| election to permit any voter to write in a separate name for | 0021| the expiring term and a separate name for the next succeeding | 0022| term. A voter may write in the name of any candidate he | 0023| chooses for either term, and such vote shall be valid and | 0024| counted even though the candidate's name is printed on the | 0025| paper ballot or ballot label.]~" | - 46 - 0001| Section 33. Section 1-22-2 NMSA 1978 (being Laws 1985, | 0002| Chapter 168, Section 4, as amended) is amended to read: | 0003| "1-22-2. DEFINITIONS.--As used in the School Election | 0004| Law: | 0005| A. "board" means the governing authority of the | 0006| local school district; | 0007| B. "county clerk" means the clerk of each county | 0008| in which the school district is situate; | 0009| C. "proper filing officer" means the county clerk | 0010| or, in the case of a multicounty school district, the clerk of | 0011| the county in which the administrative office of the school | 0012| district is situate; | 0013| D. "magistrate" means the magistrate whose office | 0014| is situated in the municipality where the administrative | 0015| office of the school district is located or in close proximity | 0016| to the municipality; | 0017| E. "school district election" means ~[any]~ |a| | 0018| regular or special school district election ~[except]~ |but | 0019| does not include| a recall election; and | 0020| F. "superintendent" means the superintendent of | 0021| schools of the local school district." | 0022| Section 34. Section 1-22-7 NMSA 1978 (being Laws 1985, | 0023| Chapter 168, Section 9) is amended to read: | 0024| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE-- | 0025| PENALTY.-- | - 47 - 0001| A. ~[A declaration of candidacy for membership on | 0002| the board to]~ |A candidate for a school board position that | 0003| will| be filled at a regular school district election shall | 0004| ~[be filed]~ |file a declaration of candidacy| with the proper | 0005| filing officer during the period commencing at 9:00 a.m. on | 0006| the third Tuesday in December of the even-numbered year | 0007| immediately preceding the date of the regular school district | 0008| election and ending at 5:00 p.m. on the same day. | 0009| B. ~[A declaration of candidacy for membership on | 0010| the board to]~ |A candidate for a school board position that | 0011| will| be filled at a special school district election shall | 0012| ~[be filed]~ |file a declaration of candidacy| with the proper | 0013| filing officer during the period commencing at 9:00 a.m. on | 0014| the forty-eighth day before the election and ending at 5:00 | 0015| p.m. on the same day. | 0016| |C. A candidate shall file for only one school | 0017| board position during a filing period.| | 0018| ~[C. Any person knowingly making]~ |D. A person | 0019| who knowingly makes| a false statement in his declaration of | 0020| candidacy is guilty of a fourth degree felony |and shall be | 0021| sentenced pursuant to the provisions of Section 31-18-15 NMSA | 0022| 1978|." | 0023| Section 35. Section 1-22-19 NMSA 1978 (being Laws 1985, | 0024| Chapter 168, Section 21, as amended) is amended to read: | 0025| "1-22-19. ABSENTEE VOTING.-- | - 48 - 0001| A. ~[Any registered qualified elector of the | 0002| school district who cannot be present at his precinct polling | 0003| place on the day of the school district election because of | 0004| illness, injury or disability; who will be absent from his | 0005| school district of residence because his duties, occupation, | 0006| business or vacation requires him to be elsewhere; or who | 0007| cannot attend his precinct polling place because of the tenets | 0008| of his religion]~ |A voter| may vote |in a school district | 0009| election| by absentee ballot for all candidates and on all | 0010| questions appearing on the ballot ~[at the election]~ |in his | 0011| precinct| as if he were ~[able to cast]~ |casting| his ballot | 0012| in person at the ~[precinct]~ polling place |on election day|. | 0013| B. The provisions of the Absent Voter Act of the | 0014| Election Code apply to absentee voting in school district | 0015| elections, provided that absentee ballots may be marked in | 0016| person during the regular hours and days of business at the | 0017| county clerk's office from 8:00 a.m. on the twenty-fifth day | 0018| preceding the election until 5:00 p.m. on the Friday | 0019| immediately prior to the date of the election. Absentee | 0020| ballots shall be printed at least thirty days prior to the | 0021| date of the election. |Provisions may be made by the board in | 0022| the proclamation for absentee voting by electronic voting | 0023| machine from 8:00 a.m. on the twentieth day preceding an | 0024| election until 5:00 p.m. on the Friday immediately prior to | 0025| the date of the election.| | - 49 - 0001| C. A regular precinct board may be designated to | 0002| serve as the absent voter precinct board. ~[Members]~ |A | 0003| member| of the absent voter precinct board shall receive the | 0004| same compensation as ~[other]~ |a regular| precinct board | 0005| ~[members, but in no case shall]~ |member.| A |regular| | 0006| precinct board member who also serves as a member of the | 0007| absent voter precinct board |shall not| be entitled to extra | 0008| compensation for serving on ~[the absent voter precinct]~ | 0009| |more than one| board." | 0010| Section 36. REPEAL.--Sections 1-6-5.2 and 1-6A-1 through | 0011| 1-6A-12 NMSA 1978 (being Laws 1991, Chapter 105, Section 11, | 0012| Laws 1993, Chapter 37, Sections 1 through 9, Chapter 165, | 0013| Sections 4 through 6, as amended) are repealed. |