45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO ELECTIONS; REQUIRING VOTER IDENTIFICATION OR SWORN STATEMENT 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:

(1) a New Mexico voter registration card;

(2) a social security card;

(3) 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; or

(4) 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.

B. If a voter is entitled to vote, except that he is unable to present one of the forms of identification listed in Subsection A of this section, he shall be allowed to vote only after he executes a statement swearing or affirming that he is the named registered voter whom 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.

C. 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 as provided in Section 1-20-8 NMSA 1978."