SENATE BILL 487

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Antoinette Sedillo Lopez

 

 

 

 

 

AN ACT

RELATING TO ELECTIONS; AMENDING AND ENACTING SECTIONS OF THE ELECTION CODE TO PROVIDE EMERGENCY VOTING PROCEDURES; PROVIDING ABSENTEE VOTER ASSISTANCE UNITS.

 

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

     SECTION 1. Section 1-3-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 51, as amended) is amended to read:

     "1-3-2. PRECINCTS--DUTIES OF COUNTY COMMISSIONERS--COUNTY CLERKS.--

          A. For the conduct of any statewide election during the period beginning January 1 of the next succeeding even-numbered year until December 31 of the odd-numbered year thereafter, in June or July of each odd-numbered year, the board of county commissioners shall by resolution:

                [A.] (1) designate the polling place of each precinct that shall provide individuals with physical mobility limitations an unobstructed access to at least one voting machine;

                [B.] (2) consolidate any precincts pursuant to Section 1-3-4 NMSA 1978;

                [C.] (3) designate any mail ballot election precincts pursuant to Section 1-6-22.1 NMSA 1978; and

                [D.] (4) create additional polling places in existing precincts pursuant to Section 1-3-7.1 NMSA 1978.

          B. The county clerk may designate secure congregate facilities and collaborate with facility administrators to determine expected voting needs."

     SECTION 2. Section 1-3-4 NMSA 1978 (being Laws 1975, Chapter 255, Section 30, as amended) is amended to read:

     "1-3-4. CONSOLIDATION OF PRECINCTS--VOTER CONVENIENCE CENTERS.--

          A. The board of county commissioners shall establish voter convenience centers through the use of consolidated precincts for voting in a statewide election. Absentee voter assistance units for secure congregate facilities established pursuant to Section 6 of this 2025 act shall not be considered voter convenience centers and shall not be subject to precinct consolidation requirements.

          B. When precincts are consolidated and voter convenience centers are established for statewide elections:

                (1) the resolution required by Section 1-3-2 NMSA 1978, in addition to the other matters required by law, shall state therein which precincts have been consolidated and the location of the voter convenience center within that consolidated precinct;

                (2) any voter of the county shall be allowed to vote on a regular ballot at any voter convenience center in the county;

                [(3) each voter convenience center shall be a consolidated precinct composed of no more than ten precincts;]

                (3) each voter convenience center shall serve no fewer than ten consolidated precincts on election day for general elections and fifteen consolidated precincts on election day for local and primary elections;

                (4) each voter convenience center shall comply with the provisions of Section 1-3-7 NMSA 1978;

                (5) each voter convenience center shall have a broadband internet connection and real-time synchronization to access the voter registration electronic management system;

                (6) the county clerk may maintain any alternate voting locations or mobile alternate voting locations previously used in the same election open for voting on election day as a voter convenience center, in addition to the voter convenience center established within each consolidated precinct; provided that the locations otherwise meet the requirements of a voter convenience center; [and]

                (7) the board of county commissioners may permit certain precincts to be exempted from operating as a voter convenience center or being a part of a consolidated precinct if the precinct is designated as a mail ballot election precinct pursuant to Section 1-6-22.1 NMSA 1978;

                (8) if twenty-five percent or more of voters in a precinct are on the permanent absentee list, that precinct shall count as one-half of a precinct when determining the number of precincts served by a voter convenience center; and

                (9) if fifty-five percent or more of voters in a precinct are on the permanent absentee list, the precinct may be designated as a mail-only precinct, in accordance with Section 1-6-5 NMSA 1978; provided that a precinct designated as mail-only shall not count toward the number of consolidated precincts served by a voter convenience center.

          C. Unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived, each voter convenience center shall:

                (1) have ballots available for voters from every precinct authorized to vote at that voter convenience center;

                (2) have at least one optical scan tabulator programmed to read every ballot style able to be cast at that voter convenience center;

                (3) have at least one voting system available to assist disabled voters to cast and record their votes;

                (4) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible;

                (5) have sufficient check-in stations to accommodate voters throughout the day as provided in Section 1-9-5 NMSA 1978;

                (6) have a secure area for storage of preprinted ballots or for storage of paper ballot stock and a system designed to print ballots;

                (7) issue a ballot to voters who have provided the required voter identification after the voter has signed a signature roster or an electronic equivalent approved by the voting system certification committee or after the voter has subscribed an application to vote on a form approved by the secretary of state; and

                (8) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.

          D. The board of county commissioners may designate additional voter convenience centers pursuant to the federal Voting Rights Act of 1965 with considerations for:

                (1) tribal voting access;

                (2) population density;

                (3) historical and projected turnout; and

                (4) community needs."

     SECTION 3. Section 1-3-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 55, as amended) is amended to read:

     "1-3-5. PRECINCTS--POWERS OF COUNTY COMMISSIONERS.--

          A. The board of county commissioners shall by resolution:

                (1) create additional precincts to meet the requirements of Section 1-3-1 NMSA 1978; and

                (2) divide, abolish, combine or adjust the boundaries of any precincts as necessary to meet legal and constitutional requirements for redistricting.

          B. Any necessary precinct boundary adjustments shall be submitted to the secretary of state no later than the first Monday in December of each odd-numbered year to become effective January 1 next succeeding the approval of the boundary adjustment. No precinct shall be created, divided, abolished or combined or the boundaries adjusted less than four months prior to a statewide election, except by order of the district court.

          C. The county clerk shall notify the secretary of state in writing of any proposed changes in precincts or the designation of polling places made by the board of county commissioners and shall furnish the current geographical boundaries, designation and word description of each new polling place and each new or changed precinct.

          D. The secretary of state shall review all new or changed precinct maps submitted pursuant to this section for compliance under the Precinct Boundary Adjustment Act and Section 1-3-1 NMSA 1978.

          [E. Precincts shall be designated solely by whole numbers.]"

     SECTION 4. Section 1-3-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 57, as amended) is amended to read:

     "1-3-7. POLLING PLACES.--

          A. No less than one polling place shall be provided for each precinct that is not a mail ballot election precinct; provided that in a local election, a precinct that lies partly within and partly without a district may be located in a single polling place and use a single election board.

          B. The board of county commissioners shall designate as the polling place or places, as the case may be, in each precinct, other than a mail ballot election precinct, the most convenient and suitable public building or public school building in the precinct that can be obtained.

          C. If no public building or public school building is available, the board of county commissioners shall provide some other suitable place, which shall be the most convenient and appropriate place obtainable in the precinct, considering the purpose for which it is to be used pursuant to the Election Code.

          D. If, in a precinct that is not a mail ballot election precinct or a consolidated precinct, there is no public building or public school building available in the precinct, and there is no other suitable place obtainable in the precinct, the board of county commissioners may designate as a polling place for the precinct the most convenient and suitable building or public school building nearest to that precinct that can be obtained. No polling place shall be designated outside the boundary of the precinct as provided in this subsection until such designated polling place is approved by written order of the district court of the county in which the precinct is located.

          E. Upon application of the board of county commissioners, the governing board of any school district shall permit the use of any school building or a part thereof for registration purposes and the conduct of any election; provided that the building or the part used for the election complies with the standards set out in the federal Voting Accessibility for the Elderly and Handicapped Act. Application for use of a school building or any part thereof for the conduct of a statewide election shall be made by delivering to the superintendent of the school district the resolution adopted pursuant to Section 1-3-2 NMSA 1978.

          F. On the day of any statewide election for which application was made pursuant to Subsection E of this section, the board of education of a school district shall provide exclusive use of any school building or the part thereof to be used in the conduct of the election and shall provide sufficient parking for election officials and to permit voters to exercise the elective franchise.

          G. If a polling place becomes destroyed, inaccessible or unsafe within fifteen days of an election, and with the secretary of state's approval of the county clerk's contingency plan, the county clerk may adjust the polling place location without requiring a change to the election resolution or court order if:

                (1) a replacement location is within five hundred feet of the original polling place; or

                (2) a mobile voting unit with accessible parking and broadband access is placed within five hundred feet of the original polling place.

          H. If a county clerk adjusts a polling place pursuant to Subsection G of this section, the county clerk shall:

                (1) notify the secretary of state of any polling place changes;

                (2) provide public notice and updates through official channels; and

                (3) ensure adequate signage at the original polling place to inform voters of the new location or absentee voter assistance unit placement."

     SECTION 5. Section 1-4-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 66, as amended) is amended to read:

     "1-4-8. DUTIES OF COUNTY CLERK--ACCEPTANCE OF REGISTRATION--CLOSE OF REGISTRATION--LATE REGISTRATION.--Except for qualified electors who register to vote or update a certificate of registration at a voting location prior to voting pursuant to Section 1-4-5.7 NMSA 1978, for qualified electors seeking to register to vote or update an existing voter registration in the state, the following provisions shall apply:

          A. [to participate in an election, the deadline to register to vote or update an existing voter registration is twenty-eight days prior to that election] the books shall close for paper voter registration on the twenty-eighth day before an election, and online and electronic voter registrations may be processed until the Friday immediately preceding an election;

          B. the county clerk shall receive certificates of registration at all times during normal working hours, except that the clerk shall not process any certificate of registration subscribed and sworn beginning the first business day after the deadline to register to vote or update an existing voter registration before an election if the residential address on the certificate of registration indicates that the registration is for a:

                (1) statewide election, within the county; or

                (2) special election, within any precinct in the county in which votes may be cast in the special election;

          C. between the deadline to register to vote or update an existing voter registration through the day of the election, the county clerk shall process all:

                (1) new voter registrations that meet the requirements of this section;

                (2) updates to existing voter registrations in this state that meet the requirements of this section; provided that an update to an existing registration in this state shall not be processed if the voter has requested or been sent a ballot in the election, unless the voter executes an affidavit stating that the voter has not and will not vote the ballot that was issued and the ballot register does not show that a ballot from the voter has been cast in the election; and

                (3) pending cancellations of existing voter registrations in this state through the day of the election; provided that a cancellation of an existing voter registration shall not be processed if the voter has requested or been sent a ballot in the election;

          D. certificates of registration and cancellations of existing voter registrations not processed pursuant to Subsection B or C of this section may be processed beginning the Monday following an election and shall be processed beginning no later than the first business day after the approval of the county canvass report for that election, at which time a voter information document shall be mailed to the registrant at the address shown on the certificate of registration; provided that if there is a subsequent election scheduled at which a qualified elector or voter would be eligible to vote if the certificate of registration were processed on an earlier date, the certificate of registration for that qualified elector or voter shall be processed by the county clerk on a day and in a manner to ensure the ability of the qualified elector or voter to vote in the subsequent election;

          E. when the deadline to register to vote or update an existing voter registration prior to an election referred to in this section is a Saturday, Sunday or state holiday, registration certificates shall be accepted through the next succeeding business day for the office of the county clerk; and

          F. the county clerk shall accept for filing and process any certificate of registration that is subscribed and dated on or before the deadline to register to vote or update an existing voter registration prior to an election and:

                (1) received by the county clerk by the end of the last regular business day of the week for the office of the county clerk immediately following the deadline to register to vote or update an existing voter registration prior to an election;

                (2) mailed and postmarked on or before the day of the deadline to register to vote or update an existing voter registration prior to any election referred to in this section; or

                (3) accepted at a state agency designated pursuant to Section 1-4-5.2 NMSA 1978."

     SECTION 6. A new section of the Absent Voter Act is enacted to read:

     "[NEW MATERIAL] ABSENTEE VOTER ASSISTANCE UNIT.--

          A. A county clerk shall establish and operate absentee voter assistance units as designated election day voting alternatives, each of which shall be assigned an election board and necessary materials to:

                (1) issue absentee ballots, facilitate provisional same-day registration and voting and observe voters filling out and sealing their absentee ballots; and

                (2) securely transport ballots to the absentee ballot election board for processing, ensuring proper chain of custody procedures; provided that the presiding judge or a designated messenger shall transport ballots, ensure proper staffing of election boards as required and sign off on the chain of custody.

          B. An absentee voter assistance unit shall operate inside secure congregate facilities, including jails, nursing homes and hospitals, and shall travel to secure areas within these facilities to serve eligible voters and prospective same-day registrants. The unit shall operate for a minimum of two hours and shall remain open until 7:00 p.m. if necessary to allow all eligible voters who wish to vote to cast a ballot. The unit shall begin operations no later than 9:00 a.m.

          C. An absentee voter assistance unit shall not be considered a substitute for a consolidated precinct or voter convenience center unless a declared emergency renders a designated polling place destroyed, inaccessible or unsafe, as determined by the secretary of state.

          D. An individual who appears at an absentee voter assistance unit and is not registered to vote but is otherwise eligible to vote may complete same-day voter registration and cast a provisional ballot. Provisional ballots cast pursuant to this section shall be processed in accordance with the procedures established in Section 1-6-16.2 NMSA 1978. A voter who casts a provisional ballot due to same-day registration may cure the voter's ballot by providing identification or completing an affidavit of identity before the statewide election certification deadline.

          E. A county clerk shall ensure that residents of a secure congregate facility staying longer than thirty days have the opportunity to apply for absentee ballots in advance of election day and that same-day registration for residents follows the requirements set forth in Section 1-4-5.7 NMSA 1978.

          F. During an emergency and as part of a county clerk's emergency contingency plan, a county clerk may, with the approval of the secretary of state, expand absentee voter assistance unit operations to serve additional temporary congregate facilities. A county clerk may use the absentee voter assistance unit to ensure continued voter access in emergency situations, including at:

                (1) shelters;

                (2) evacuation centers; and

                (3) other facilities established for displaced persons.

          G. As used in this section, "secure congregate facility" means a location with restricted access where residents receive long-term or temporary housing or medical care or supervision, including correctional institutions, long-term care facilities, emergency shelters and tribal locations that have been closed to the public."

     SECTION 7. Section 1-6-22.1 NMSA 1978 (being Laws 2009, Chapter 251, Section 1 and Laws 2009, Chapter 274, Section 1, as amended) is amended to read:

     "1-6-22.1. MAIL BALLOT ELECTION PRECINCT--ABSENTEE VOTING IN LIEU OF POLLING PLACE.--

          A. Notwithstanding the provisions of Sections 1-1-11 and 1-1-12 NMSA 1978, not later than the first Monday in November of each odd-numbered year, a board of county commissioners may designate a precinct as a mail ballot election precinct if, upon a written request of the county clerk, it finds that the precinct has fewer than one hundred voters and the nearest polling place for an adjoining precinct is more than twenty miles driving distance from the boundary for the precinct in question.

          B. If a precinct is designated a mail ballot election precinct, in addition to the notice required pursuant to Section 1-3-8 NMSA 1978, the county clerk shall notify by mail with delivery confirmation all voters in that precinct at least forty-two days before an election that each voter will be sent an absentee ballot twenty-eight days before the election and that there will be no polling place for the precinct on election day. The county clerk shall include in the notice a card informing the voter that if the voter does not want to receive an absentee ballot for that election, the voter should return the card before the date the county clerk is scheduled to mail out absentee ballots. The notice shall also inform the voter that a voting system equipped for persons with disabilities will be available at all early voting locations before election day and in the office of the county clerk on election day in case the voter prefers to vote in person and not by mail. In addition, the notice shall inform the voter of the ability of the voter to cast a ballot at any voter convenience center on election day if the voter chooses not to receive an absentee ballot, or to cast a replacement ballot at any early voting location or voter convenience center if the voter does not receive an absentee ballot, which will be counted upon confirmation that the voter has not returned the absentee ballot. The notice shall also contain the information required in the voter notification sent by the secretary of state on behalf of each county clerk in advance of a statewide election pursuant to Section 1-11-4.1 NMSA 1978.

          C. The county clerk shall mail each voter in the mail ballot election precinct an absentee ballot on the twenty-eighth day before an election, unless the voter has requested otherwise, along with a notice that there will be no polling place in that precinct on election day.

          D. The county clerk and the board of county commissioners may designate a precinct as a mail ballot election precinct if more than fifty-five percent of active registered voters in the precinct are on the permanent absentee list."

     SECTION 8. Section 1-11-18 NMSA 1978 (being Laws 1977, Chapter 222, Section 34) is amended to read:

     "1-11-18. ELECTION SUPPLIES.--The secretary of state shall prescribe the types and number of election supplies to be used in the precincts. At least ninety days before an election, the county clerk shall determine the supply needs at secure congregate facilities, based upon the rolling daily average of eligible voters at each facility."

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