44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO ELECTIONS; MAKING IT UNLAWFUL TO PUBLISH THE NAMES OF VOTERS REQUESTING ASSISTANCE TO VOTE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 1-12-13 NMSA 1978 (being Laws 1969, Chapter 240, Section 266, as amended) is amended to read:

"1-12-13. CONDUCT OF ELECTION--AID OR ASSISTANCE TO VOTER IN MARKING BALLOT--PENALTY FOR PUBLISHING NAMES.--

A. When a voter who is eligible for assistance pursuant to Section 1-12-12 NMSA 1978 requires assistance in marking his paper ballot or recording his vote by voting machine, the voter shall announce this fact in an audible tone before receiving his paper ballot or before entering the voting machine.

B. The voter's request for assistance shall be noted by his name in the signature roster and initialed by the presiding judge.

C. After noting the request for assistance in the signature roster, the voter shall be permitted assistance in marking his paper ballot or recording his vote as provided in Section 1-12-15 NMSA 1978.

D. Any person who swears falsely in order to secure assistance is guilty of perjury.

E. It is unlawful to publish or disseminate the name of a person who has requested assistance to vote in relation to the fact that the person has requested assistance to vote. A person who violates the provisions of this subsection is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."