45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ELECTIONS; ELIMINATING THE STRAIGHT PARTY VOTE OPTION ON ELECTION BALLOTS AND MACHINES.

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

Section 1. A new section of the Election Code is enacted to read:

"[NEW MATERIAL] BALLOTS--NO STRAIGHT PARTY TICKET OPTION.--Ballots shall not provide the option to vote a straight party ticket with one mark or selection."

Section 2. Section 1-9-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 187, as amended by Laws 1993, Chapter 314, Section 51 and also by Laws 1993, Chapter 316, Section 51) is amended to read:

"1-9-4. LEVER-TYPE VOTING MACHINE--SPECIFICATIONS.--No lever-type voting machine shall be approved by the secretary of state unless:

A. it permits a voter to vote for any person for any office, whether or not the name of the person appears upon a ballot label as a candidate for nomination or election;

B. it permits and requires voting in absolute secrecy and is so constructed that no person can see or know for whom any other person has voted, except a voter who is being assisted as prescribed by the Election Code;

C. it has a protective counter or other device, the register of which cannot be reset, that records the cumulative total number of movements of the operating mechanism;

D. it is provided with a lock or locks, by the use of which, immediately after the polls are closed or the operation of the machine for an election is completed, all movement of the registering mechanism is absolutely prevented;

E. it is constructed of material of good quality, in a neat and workmanlike manner, and is easily and safely transportable;

F. it is capable of adjustment so as to permit each voter at a primary election to vote only for the candidates seeking nomination by the political party shown on the voter's certificate of registration;

G. it is constructed to prevent voting for more than one person for the same office, except where the voter is entitled to vote for more than one person for that office; and

[H. it permits each voter, at other than primary elections, to vote a straight party ticket in one operation; and

I.] H. it provides a "printout" of voting results."

Section 3. Section 1-12-53 NMSA 1978 (being Laws 1977, Chapter 222, Section 56, as amended) is amended to read:

"1-12-53. EMERGENCY SITUATIONS--VOTERS--EMERGENCY PAPER BALLOT--GENERAL ELECTION--MARKING.--The voter, in preparing an emergency paper ballot in a general election, shall

[A. if he wishes to vote a straight party ticket, mark a cross (X) or a check (V) in the circle beneath the name of the party and his vote shall be considered as having been cast for every candidate named on the ticket of that party on the ballot, unless he also votes for one or more candidates in some other column or for some person whose name is not printed on the ballot;

B. if he marks a cross (X) or a check (V) in any circle and also desires to vote for a candidate of another political party (the ticket of which also appears on the ballot) or for any person by write-in, mark a cross (X) or a check (V) in the box immediately to the right of the name of the candidate or write in the name of the person for whom he desires to vote in the blank provided therefor and mark a cross (X) or a check (V) in the box immediately to the right thereof, and his vote shall be considered as having been cast for every candidate of the political party below the party name where he marked his cross (X) or a check (V) in the circle, except for the candidates for whom he has otherwise voted; or

C. if he wishes] mark the ballot by [omitting the cross (X) or check (V) in the circle and] marking a cross (X) or a check (V) in the box immediately to the right of the name of every candidate or person for whom he desires to vote, and his vote shall be considered as having been cast only for the candidate or person opposite whose name the cross or check has been marked."