February 16, 1999

Mr. Speaker:

Your VOTERS AND ELECTIONS COMMITTEE, to whom has been referred

HOUSE BILL 176

has had it under consideration and reports same WITHOUT RECOMMENDATION, amended as follows:

1. On page 1, line 11, strike "COUNTING" and insert in lieu thereof "PROCESSING".

2. On page 2, line 25, strike "COUNTING" and insert in lieu thereof "PROCESSING".

3. On page 3, line 2, strike "counting" and insert in lieu thereof "processing".

4. On page 4, line 6, strike "counting, tallying and registering the results of" and insert in lieu thereof "processing the".

5. On page 4, line 7, strike "balloting" and insert in lieu thereof "ballots on an electronic vote tabulation machine".

6. On page 4, line 7, after the period insert:

"For the purposes of this section, "processing" means following the procedures in Section 1-6-14 NMSA 1978 that do not require manual counting, tallying or registering of the results of absentee balloting. Absentee ballots that cannot be processed on, or are rejected by, an electronic vote tabulation machine shall be placed in a locked ballot box that shall not be opened until election day, at which time they shall be manually counted or registered.".

7. On page 4, between lines 7 and 8, insert the following new section:

"Section 3. Section 1-6-14 NMSA 1978 (being Laws 1971, Chapter 317, Section 11, as amended) is amended to read:

"1-6-14. HANDLING ABSENTEE BALLOTS BY ABSENT VOTER PRECINCT BOARDS.--

A. Before opening any official mailing envelope, the presiding judge and the election judges shall determine that the required information has been completed on the reverse side of the official mailing envelope.

B. If the voter's signature is missing, the presiding judge shall write "Rejected" on the front of the official mailing envelope. The election clerks 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. The presiding judge shall place the official mailing envelope unopened in an envelope provided for rejected ballots, seal the envelope and write the voter's name on the front of the envelope and deposit it in the locked ballot box.

C. The accredited challengers may examine the official mailing envelope and may challenge the ballot of any absent voter for the following reasons:

(1) the official mailing envelope has been opened prior to being received by the precinct board; or

(2) the person offering to vote is not a federal voter, federal qualified elector, overseas citizen voter or voter as provided in the Election Code.

Upon the challenge of an absentee ballot, the election judges and the presiding judge shall follow the same procedure as when ballots are challenged when a person attempts to vote in person. If a challenge is upheld, the official mailing envelope shall not be opened but shall be placed in an envelope provided for challenged ballots. The same procedure shall be followed in canvassing and determining the validity of challenged absentee ballots as with other challenged ballots.

D. If the official mailing envelopes have been properly subscribed and the voters have not been challenged:

(1) the election judges shall open the official mailing envelopes and deposit the ballots in their still-sealed official inner envelopes in the locked ballot box; and

(2) the election clerks shall enter the absent voter's name and residence address as shown on the official mailing envelope in the signature rosters and shall mark the notation "AB" opposite the voter's name in the "Notations" column of the signature rosters.

E. Prior to the closing of the polls, the election judges and the presiding judge may either remove the absentee ballots from the official inner envelopes and count and tally the results of absentee balloting or, under the personal supervision of the presiding judge and one election judge from each party, register the results of each absentee ballot on a voting machine the same as if the absent voter had been present and voted in person. It [shall be unlawful] is a fourth degree felony for any person to disclose the results of such count and tally or such registration on a voting machine of absentee ballots prior to the closing of the polls.

F. Absentee ballots shall be counted and tallied or 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.

G. Absent voter precinct polls shall close at the time prescribed by the Election Code for other polling places, and the results of the election shall be certified as prescribed by the secretary of state."".

8. Renumber the succeeding section accordingly.

Respectfully submitted,

Edward C. Sandoval, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 8 For 4 Against

Yes: 8

No: Buffett, Dana, Foley, Macko

Excused: None

Absent: None

.126779.1

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