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

RELATING TO ELECTIONS; CREATING A VOTER IDENTIFICATION PILOT PROGRAM; REQUIRING VOTER IDENTIFICATION WHEN VOTING; PRESCRIBING PENALTIES.

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

Section 1. Section 1-12-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 249, as amended) is amended to read:

"1-12-10. CONDUCT OF ELECTION--VOTER'S NAME, ADDRESS,

SIGNATURE.--

A. When a voter presents himself at the polls to vote, he shall announce his name and address in an audible tone of voice. When an election judge finds the voter's name in the signature roster, he shall in like manner repeat the name of the voter. The election judge shall then ask the voter to present any one of the following forms of identification: a New Mexico voter identification card, a social security card, a valid New Mexico driver's license or any other identification card issued by an agency of the state, one of its political subdivisions or the United States; any picture identification card, credit card or current bill with the voter's address; or any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer's business. If a voter is entitled to vote except that he is unable to present one of the forms of identification listed above, he shall be allowed to vote only after he executes an oath of voter form swearing or affirming that he is the named registered voter who he claims to be. The voter shall then sign his name or make his mark on the signature line in the copy of the signature roster to be returned to the county clerk. Upon the voter's name or mark being written in the signature roster, a challenge may be interposed as provided in the Election Code.

B. Knowingly executing a false statement constitutes perjury as provided in Section 30-25-1 NMSA 1978, and voting on the basis of a falsely executed statement constitutes false voting pursuant to Section 1-20-8 NMSA 1978.

C. The provisions in Subsection A of this section requiring voter identification shall apply only to the eight counties participating in the voter identification pilot program. The secretary of state, in consultation with the county clerks of the state, shall select eight counties to participate in the voter identification pilot program. The voter identification requirements in Subsection A of this section shall apply to the eight selected counties. The county clerks of the eight counties shall report to the secretary of state on the efficacy of the voter identification requirements after the general election held in 2002. The secretary of state shall make recommendations to the legislature on any modifications necessary to implement voter identification requirements on a statewide basis. The pilot project shall terminate after the 2002 general election."