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

RELATING TO ELECTIONS; PROVIDING FOR CANCELLATION OF VOTER REGISTRATION OF NONCITIZENS.

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

Section 1. Section 1-4-24 NMSA 1978 (being Laws 1969, Chapter 240, Section 80, as amended) is amended to read:

"1-4-24. CANCELLATION OF REGISTRATION--COUNTY CLERK--GROUNDS.--The county clerk shall cancel certificates of registration for the following reasons:

A. death of the voter;

B. legal insanity of the voter;

C. a felony conviction of the voter;

D. determination of noncitizenship of the voter;

[D.] E. at the request of the voter; or

[E.] F. at the direction of the board of registration."

Section 2. A new section of the Election Code is enacted to read:

"[NEW MATERIAL] CANCELLATION OF REGISTRATION--DETERMINATION OF NONCITIZENSHIP.--

A. For the purposes of cancellation of registration, the noncitizenship of a voter shall be ascertained by comparison of registration records with the certification of alien status by the federal immigration and naturalization service.

B. When, in proceedings held pursuant to law, a court of competent jurisdiction or the federal immigration and naturalization service determines that an individual is not a citizen of the United States, certification by the court or the federal immigration and naturalization service of that fact may be filed by a citizen with the county clerk of the county wherein the individual is registered.

C. The certification of noncitizen status shall include the following information about the individual:

(1) name;

(2) age;

(3) sex;

(4) marital status;

(5) birth place;

(6) birth date;

(7) social security number, if any;

(8) address; and

(9) date of determination of status."