AN ACT
RELATING TO ELECTIONS; CONFORMING THE
ELECTION CODE TO THE REQUIREMENTS OF THE FEDERAL HELP AMERICA VOTE ACT OF 2002;
PROVIDING FOR SECURITY OF VOTERS' PERSONAL INFORMATION DURING REGISTRATION;
PRESCRIBING PENALTIES; AMENDING AND ENACTING
SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. A new section of Chapter 1, Article 1 NMSA
1978 is enacted to read:
"ELECTION CYCLE.--As used
in the Election Code, "election cycle" means the period between the
beginning of a general election and the end of the following general
election."
Section 2. A new section of the Election Code is enacted
to read:
"CONDUCT OF
ELECTIONS--VOTER INFORMATION.--The secretary of state shall issue rules
describing the voter information the county clerks shall display, in accordance
with the federal Help America Vote Act of 2002, in each polling place on
election day and in each county clerk's office and alternate location where
absentee or early voting is taking place."
Section 3. A new section of the Election Code is enacted
to read:
"CONDUCT OF
ELECTION--PROVISIONAL VOTING--INFORMATION TO VOTER--STATUS OF VOTER'S BALLOT.--
A. If a voter is required to vote on a provisional
paper ballot, the election judge shall give the voter written instructions on
how the voter may determine whether the vote was counted and, if the vote was
not counted, the reason it was not counted.
B. The county clerk shall establish a free
access system, such as a toll-free telephone number or internet web site, that
a voter who casts a provisional paper ballot may access to ascertain whether
the voter's ballot was counted and, if the vote was not counted, the reason it
was not counted. Access to information
about an individual voter's provisional ballot is restricted to the voter who
cast the ballot."
Section 4. A new section of the Election Code is enacted
to read:
"CONDUCT OF
ELECTION--PROVISIONAL PAPER BALLOTS--USE WHEN POLLING HOURS EXTENDED--DISPOSITION.--
A. If polling hours are extended by court order
or any other order pursuant to a state law in effect at least ten days before
the date of that election, during the extended hours, a voter shall vote only
on a provisional paper ballot.
B. A provisional paper ballot cast pursuant to
this section shall be separated and held apart from provisional paper ballots
cast by those not affected by the order.
The ballot shall be counted if:
(1) there is no legal challenge to the order
extending polling hours within ten days of the election; or
(2) a legal challenge to the order extending
polling hours is not sustained."
Section 5. A new section of the Election Code is enacted
to read:
"ADMINISTRATIVE
COMPLAINTS--PROCEDURES.--
A. The secretary of state shall adopt rules for
an administrative procedure for hearing complaints on violations of the
provisions of Title III of the federal Help America Vote Act of 2002, including
provisions related to voting system standards, provisional voting procedures,
voter registration procedures and operational standards of the statewide voter
registration system.
B. A person who determines that there is a
violation or that a violation is about to occur pursuant to this section may
file a complaint with the secretary of state. Complaints may be consolidated by
the secretary.
C. Complaints shall be in writing, signed and
sworn by the person filing the complaint and notarized.
D. The hearing shall be on the record if the
complainant requests.
E. If the hearing officer determines that there
is a violation, an appropriate remedy shall be provided. If there is no violation, the complaint shall
be dismissed and the results of the hearing made available to the public.
F. A final decision shall be made within ninety
days of the filing of the complaint unless the complainant consents to
extending the deadline. If the deadline
is not met, the complaint shall be resolved within sixty days through
alternative dispute resolution procedures established pursuant to the
Governmental Dispute Resolution Act.
Records and materials from the hearing shall be available for use in an
alternative dispute resolution procedure."
Section 6. A new section of the Election Code is enacted
to read:
"PROVISIONAL PAPER
BALLOTS--REQUIRED INFORMATION.--
A. At a minimum, the following information shall
be printed on the outer envelope for a provisional paper ballot:
(1) the name and signature of the voter;
(2) the voter's registered address, both present
and former if applicable;
(3) the voter's date of birth;
(4) the reason for using the ballot;
(5) the precinct and the polling place at which
the voter has voted;
(6) the voter's social security number; and
(7) sufficient space to list the disposition of
the ballot after review by the county clerk.
B. A provisional paper ballot shall not be
rejected for lack of the information required by this section as long as the
voter provides a valid signature and sufficient information to determine
eligibility."
Section 7. A new section of the Election Code is enacted
to read:
"PROVISIONAL PAPER
BALLOTS--DISPOSITION.--
A. Upon closing of the polls, provisional paper
ballots shall be delivered to the county clerk, who shall determine if the
ballots will be counted prior to certification of the election.
B. A provisional paper ballot shall not be
counted if the registered voter did not sign either the signature roster or the
ballot's envelope.
C. If there is no record of the voter ever
having been registered in the county, the voter shall be offered the opportunity
to register and the provisional paper ballot shall not be counted.
D. If the voter was registered in the county,
the registration was later canceled and the county clerk determines that the
cancellation was in error, the voter's registration shall be immediately
restored and the provisional paper ballot counted.
E. If the county clerk determines that the
cancellation was not in error, the voter shall be offered the opportunity to
register at the voter's correct address, and the provisional paper ballot shall
not be counted.
F. If the voter is a registered voter in the
county, but has voted on a provisional paper ballot at a polling place other
than the voter's designated polling place, the county canvassing board shall
ensure that only those votes for the positions or measures for which the voter
was eligible to vote are counted.
G. If the county clerk finds that the voter who
voted on a provisional paper ballot at the polls has also voted an absentee
ballot in that election, the provisional paper ballot shall not be counted.
H. The county canvassing board shall prepare a
tally displaying the number of provisional paper ballots received, the number
found valid and counted, the number rejected and not counted and the reason for
not counting the ballots as part of the canvassing process and forward it to
the secretary of state immediately upon certification of the election.
I. The secretary of state shall issue rules to
ensure securing the secrecy of the provisional paper ballots and protecting
against fraud in the voting process."
Section 8. A new section of the Election Code is enacted
to read:
"ABSENTEE
BALLOTS--OVERSEAS VOTERS--REPORTS.--
A. Within thirty days following a general
election, the county clerk shall report to the secretary of state the number of
absentee ballots transmitted to overseas voters and federal qualified electors
for the election and the number of those ballots returned, rejected or counted.
B. Within ninety days following a general
election, the secretary of state shall report to the federal election
assistance commission the combined absentee ballot numbers submitted by the
counties pursuant to this section."
Section 9. A new section of Chapter 1, Article 9 NMSA
1978 is enacted to read:
"DEFINITION OF A VOTE.--
A. A vote on a touch-screen direct recording
electronic voting system or electronic voting system consists of a voter's
selection of a candidate or answer to a ballot question selected by the
electro-optical ballot display of the device, followed by the voter activating
the cast vote indicator.
B. A vote on a paper ballot card used on an
electronic vote tabulating marksense voting system, optical scan vote
tabulating system or high-speed central count marksense vote tabulator consists
of a voter's selection of a candidate or answer to a ballot question indicated
in the voting response area of the paper ballot card marked in accordance with
the instructions for that ballot type.
If the paper ballot card is marked indistinctly or not marked according
to the instructions for that ballot type, only a cross (X) or a check (Ö) within the voting response area shall be counted. A vote on a paper ballot card shall also be
counted if, on a ballot type requiring the completion of an arrow to indicate a
voter's selection, the voter has marked an arrowhead on the tail portion of the
arrow in the voting response area."
Section 10. Section 1-4-5 NMSA 1978 (being Laws 1969,
Chapter 240, Section 63, as amended by Laws 1993, Chapter 314, Section 6 and
also by Laws 1993, Chapter 316, Section 6) is amended to read:
"1-4-5. METHOD OF REGISTRATION--UNLAWFUL USE OF
INFORMATION--PENALTY.--
A. A qualified elector may apply to a
registration officer for registration.
B. The registration officer shall fill out each
of the blanks on the original and the voter's copy of the certificate of
registration by typing or printing in ink.
Carbon paper may be used between the original and the voter's copy.
C. The qualified elector shall subscribe a
certificate of registration as follows:
(1) a person shall sign his original certificate
of registration using his given name, middle name or initial and last name; or
(2) if any qualified elector seeking to register
is unable to read and write either the English or Spanish language or is unable
to read or write because of some physical disability, the certificate of such
person shall be filled out by a registration officer and the name of the
qualified elector so registering shall be subscribed by the making of his mark.
D. When properly executed by the registration
officer, the original and the voter's copy of the certificate of registration
shall be presented, either in person or by mail by the qualified elector or by
the registration officer, to the county clerk of the county in which the qualified
elector resides.
E. Only when the certificate of registration is
properly filled out, subscribed by the qualified elector and accepted for
filing by the county clerk as evidenced by his signature or stamp and the date
of acceptance thereon shall it constitute an official public record of the
registration of the qualified elector.
It is unlawful for any information required on the certificate of
registration to be copied, conveyed or used by anyone other than the person
registering to vote, either before or after it is filed with the county clerk,
except by elections administrators for purposes of the registration process.
F. A person who unlawfully copies, conveys or
uses information from a certificate of registration is guilty of a fourth
degree felony."
Section 11. Section 1-4-5.1 NMSA 1978 (being Laws 1993,
Chapter 314, Section 7 and Laws 1993, Chapter 316, Section 7, as amended) is
amended to read:
"1-4-5.1. METHOD OF REGISTRATION--FORM.--
A. A qualified elector may apply for
registration by mail or in the office of the county clerk.
B. Certificate of registration forms may be
requested from the secretary of state or any county clerk in person, by
telephone or by mail for oneself or for others.
C. Except as provided in Subsection D of this
section, a qualified elector who wishes to register to vote shall fill out
completely and sign the certificate of registration. The qualified elector may seek the assistance
of any person in completing the certificate of registration.
D. A qualified elector who has filed for an
order of protection pursuant to the provisions of the Family Violence
Protection Act and who presents a copy of that order from a state or tribal
court to the registration officer shall not be required to provide address
information on the certificate of registration.
E. Completed certificates of registration may be
mailed or presented in person by the registrant or any other person to the
secretary of state or presented in person by the registrant or any other person
to the county clerk of the county in which the registrant resides.
F. If the registrant wishes to vote in the next
election, the completed and signed certificate of registration shall be
delivered or mailed and postmarked at least twenty-eight days before the
election.
G. Upon receipt of a certificate of
registration, the secretary of state shall send the certificate to the county
clerk in the county where the qualified elector resides.
H. Only when the certificate of registration is
properly filled out, signed by the qualified elector and accepted for filing by
the county clerk as evidenced by his signature or stamp and the date of
acceptance thereon and when notice has been received by the registrant shall it
constitute an official public record of the registration of the qualified
elector.
I. The secretary of state shall prescribe the
form of the certificate of registration, which form shall be a postpaid mail-in
format and shall be printed in Spanish and English. The certificate of registration form shall be
clear and understandable to the average person and shall include brief but
sufficient instructions to enable the qualified elector to complete the form
without assistance. The form shall also
include:
(1) the question "Are you a citizen of the
United States of America?" and boxes for the applicant to check to
indicate whether the applicant is or is not a citizen;
(2) the question "Will you be at least
eighteen years of age on or before election day?" and boxes for the
applicant to check to indicate whether the applicant will be eighteen years of
age or older on election day;
(3) the statement "If you checked 'no' in
response to either of these questions, do not complete this form."; and
(4) a statement informing the applicant that:
(a) if the form is not submitted in person by the
applicant and the applicant is registering for the first time in New Mexico,
the applicant must submit with the form a copy of a current and valid photo
identification, utility bill, bank statement, government check, paycheck or
other government document that shows the name and address of the applicant; and
(b) if the applicant does not submit the required
identification, he will be required to do so when he votes in person or
absentee."
Section 12. Section 1-4-11 NMSA 1978 (being Laws 1969,
Chapter 240, Section 67, as amended) is amended to read:
"1-4-11. DUTIES OF COUNTY CLERK--UPON RECEIPT OF
CERTIFICATES.--
A. Upon receipt of a complete certificate of
registration, if in proper form, the county clerk shall determine if the
qualified elector applying for registration is already registered in the
registration records of the county. If
the qualified elector is not already registered in the county and if the
certificate of registration is received within the time allowed by law for
filing certificates of registration in the county clerk's office, the county
clerk shall sign or stamp, in the space provided therefor on each copy of the
certificate, his name and the date the certificate was accepted for filing in the
county registration records. A voter
identification card shall be handed or mailed to the voter and to no other
person.
B. If the qualified elector is already
registered in the county as shown by his original certificate of registration
currently on file in the county registration records, the county clerk shall
not accept the new certificate of registration unless it is filed pursuant to
Section 1-4-13, 1-4-15, 1-4-17 or 1-4-18 NMSA 1978. He shall stamp or write the word
"rejected" on the new certificate of registration and hand or mail it
to the voter with an explanation why the new certificate of registration was
rejected and what remedial action, if any, the voter must take to bring his
registration up to date.
C. If the qualified elector does not register in
person, indicates that he has not previously voted in a general election in New
Mexico and does not provide the registration officer with the required
identification, the registration officer shall indicate this on the voter's
certificate of registration and the county clerk shall note this on the
appropriate precinct signature roster."
Section 13. Section 1-4-12 NMSA 1978 (being Laws 1969,
Chapter 240, Section 68, as amended) is amended to read:
"1-4-12. DUTIES OF COUNTY CLERK--FILING OF
CERTIFICATES.--
A. Certificates of registration, if in proper
form, shall be processed and filed by the county clerk as follows:
(1) a voter identification card shall be
delivered or mailed to the voter; and
(2) the original certificate shall be filed
alphabetically by surname and inserted into the county register pursuant to
Section 1-5-5 NMSA 1978.
B. The county clerk shall, on Monday of each
week, process all certificates of registration that are in proper form and that
were received in his office up to 5:00 p.m. on the preceding Friday.
C. The contents of certificates of registration,
except for the voter's social security number and date of birth, are public
records."
Section 14. Section 1-4-48 NMSA 1978 (being Laws 1995,
Chapter 198, Section 13) is amended to read:
"1-4-48. AGENCY REGISTRATION.--
A. The secretary of state shall adopt and
publish in accordance with the State Rules Act rules for the administration of
a state-agency-based voter registration program. The rules shall provide for distribution of
voter registration forms, provisions for the acceptance of voter registration
forms and procedures for reporting voter registration activity in accordance
with the federal National Voter Registration Act of 1993.
B. Voter registration shall be made available at
all state agencies providing public assistance or services to people with
disabilities. The secretary of state
may, with the agreement of those offices, designate other state and local
public offices to provide voter registration services.
C. Each state agency participating in the voter
registration program shall maintain sufficient records for the secretary of
state to comply with federal voter registration reporting requirements and the
federal Help America Vote Act of 2002.
Any records maintained by a state agency regarding voter registration
activities in that agency are confidential and shall not be released as public records.
D. Any voter registration made or accepted at a
state agency pursuant to this section shall be transmitted to the appropriate
registration officer within ten calendar days.
E. A state agency employee or agency contractor
who participates in the voter registration process may not intentionally
influence the prospective registrant in the selection of political party, or
independent status, by word or act. A
state agency employee or agency contractor who participates in the voter
registration process may not reveal the existence of or the nature of the voter
registration to anyone other than a registration officer."
Section 15. Section 1-5-10 NMSA 1978 (being Laws 1969,
Chapter 240, Section 112, as amended) is amended to read:
"1-5-10. VOTER LISTS--SIGNATURE ROSTERS--USE DURING
ELECTION.--
A. Each precinct board using voter lists shall
post securely at or near the entrance of the polling place one copy of the
voter list for use of the voters prior to voting. The posted copy shall not contain a listing
of voter social security numbers.
B. The presiding judge of the precinct board
shall assign one judge of the board to be in charge of one copy of the voter
list, which shall be used to confirm the registration and voting of each person
offering to vote.
C. The presiding judge of the precinct board
shall assign one election clerk to be in charge of the signature roster.
D. The judge assigned to the voter list used for
confirmation of registration and voting shall determine that each person offering
to vote is registered and, in the case of a primary election, that the voter is
registered in a party designated on the primary election ballot. If the person's registration is confirmed by
the presence of his name on the voter list or if the person presents a
certificate under the seal and signature of the county clerk showing that he is
entitled to vote in the election and to vote in that precinct, the judge shall
announce to the election clerks the list number and the name of the voter as
shown on the voter list.
E. The election clerk shall locate that list
number and name on the signature roster and shall require the voter to sign his
usual signature or, if unable to write, to make his mark opposite his printed
name. If the voter makes his mark, it
shall be witnessed by one of the judges of the precinct board. If the signature roster indicates that the
voter is required to present a form of identification before voting, the
election judge shall ask the voter for a current and valid photo identification
or a copy of a current utility bill, bank statement, government check, paycheck
or other government document that shows and matches the name and address of the
voter as indicated on the signature roster.
If the voter does not provide the required identification, he shall be
allowed to vote on a provisional paper ballot.
F. The election judge shall follow the
procedures provided for in Sections 1-5-12 and 1-12-8 NMSA 1978 if a person
whose name does not appear on the signature list requests to vote or a person
is required to vote on a provisional paper ballot.
G. A voter shall not be permitted to vote until
he has properly signed his usual signature or made his mark in the signature
roster.
H. After the poll is closed, the election clerk
in charge of a signature roster shall draw a single horizontal line in ink
through each signature space in the signature roster where no signature or mark
appears."
Section 16. Section 1-5-12 NMSA 1978 (being Laws 1969,
Chapter 240, Section 114, as amended) is amended to read:
"1-5-12. VOTER WHOSE NAME IS NOT ON LIST OR ROSTER.--
A. A voter whose name does not appear on the
voter list and signature roster for the precinct in which he offers to vote
shall be permitted to vote in the precinct pursuant to the federal National
Voter Registration Act of 1993 and Section 1-12-8 NMSA 1978.
B. The election clerks in charge of the
signature rosters shall add the voter's name and address in ink to the
signature roster on the line immediately following the last entered voter's
name and the voter shall be allowed to sign an affidavit of eligibility and
cast a provisional paper ballot, provided he has first signed or marked both
the signature roster and checklist of registered voters.
C. The provisional paper ballot number for the
voter shall be entered on the affidavit of eligibility, the signature roster
and the checklist of registered voters.
D. In a primary election, a voter shall not be
permitted to vote for a candidate of a party different from the party
designation shown on his certificate of registration. Upon making that determination, the county
clerk shall transmit the ballot to the county canvassing board to be tallied
and included in the canvass of that county for the appropriate precinct.
E. Verbal authorization from the county clerk to
allow a person to vote is not permitted."
Section 17. Section 1-6-2 NMSA 1978 (being Laws 1987,
Chapter 327, Section 6, as amended) is amended to read:
"1-6-2. DEFINITIONS.--As used in the Absent Voter
Act:
A. "absent uniformed services voter"
means:
(1) a member of a uniformed service on active
duty who, by reason of such active duty, is absent from the place of residence
where the member is otherwise qualified to vote;
(2) a member of the merchant marine who, by
reason of service in the merchant marine, is absent from the place of residence
where the member is otherwise qualified to vote; or
(3) a spouse or dependent of a member referred to
in Paragraphs (1) and (2) of this subsection who, by reason of the active duty
or service of the member, is absent from the place of residence where the
spouse or dependent is otherwise qualified to vote;
B. "election" means a statewide
election, general election, primary election or special election to fill
vacancies in the office of United States representative and regular or special
school district elections;
C. "electronic ballot" means a paper
ballot or ballot face designed to be used on an electronic voting machine to
cast votes;
D. "electronic voting machine" means a
computer-controlled machine designed to electronically record and tabulate
votes cast;
E. "federal office" means the office
of president, vice president or senator or representative in congress;
F. "federal qualified elector" means:
(1) an absent uniformed services voter; or
(2) an absent uniformed services voter who, by
reason of active duty or service, is absent from the United States on the date
of the election involved;
G. "member of the merchant marine"
means an individual other than a member of a uniformed service or an individual
employed, enrolled or maintained on the Great Lakes or the inland waterways
who:
(1) is employed as an officer or crew member of a
vessel documented under the laws of the United States, a vessel owned by the
United States or a vessel of a foreign-flag registry under charter to or
control of the United States; or
(2) is enrolled with the United States for
employment or training for employment or maintained by the United States for
emergency relief service as an officer or crew member of any such vessel;
H. "overseas voter" means:
(1) an absent uniformed services voter who, by
reason of active duty or service, is absent from the United States on the date
of the election involved;
(2) a person who resides outside the United
States and is qualified to vote in the last place in which the person was
domiciled before leaving the United States; or
(3) a person who resides outside the United
States and, but for such residence, would be qualified to vote in the last
place in which the person was domiciled before leaving the United States; and
I. "uniformed services" means the
army, navy, air force, marine corps and coast guard and the commissioned corps
of the national oceanic and atmospheric administration."
Section 18. Section 1-6-4 NMSA 1978 (being Laws 1969,
Chapter 240, Section 130, as amended) is amended to read:
"1-6-4. ABSENTEE BALLOT APPLICATION--FEDERAL
QUALIFIED ELECTOR--OVERSEAS VOTER.--
A. Application by a federal qualified elector or
an overseas voter for an absentee ballot shall be made on the official postcard
form prescribed or authorized by the federal government to the county clerk of
the county of his residence.
B. Application by a voter for an absentee ballot
shall be made only on a form prescribed, printed and furnished by the secretary
of state to the county clerk of the county in which the voter resides. The form shall identify the applicant and
contain information to establish his qualification for issuance of an absentee
ballot under the Absent Voter Act; provided that on the application form for a
general election ballot there shall be no box, space or place provided for
designation of the voter's political party affiliation. The form shall allow the applicant to receive
an absentee ballot for all elections within an election cycle.
C. Each application for an absentee ballot shall
be subscribed by the applicant.
D. An application for an absentee ballot by a
federal qualified elector or an overseas voter shall be accepted at any time
preceding the general election."
Section 19. Section 1-6-5 NMSA 1978 (being Laws 1969,
Chapter 240, Section 131, as amended by Laws 2001, Chapter 49, Section 1 and by
Laws 2001, Chapter 58, Section 1) is amended to read:
"1-6-5. PROCESSING APPLICATION--ISSUANCE OF
BALLOT--MARKING AND DELIVERY OF BALLOT IN PERSON.--
A. The county clerk shall mark each completed
absentee ballot application with the date and time of receipt in the clerk's
office and enter the required information in the absentee ballot register. The county clerk shall then determine if the
applicant is a voter, an absent uniformed services voter or an overseas voter.
B. If the applicant has no valid certificate of
registration on file in the county and he is not a federal qualified elector or
if the applicant states he is a federal qualified elector but his application
indicates he is not a federal qualified elector, an absentee ballot shall not
be issued and the county clerk shall mark the application "Rejected"
and file the application in a separate file from those accepted.
C. The county clerk shall notify each applicant in
writing of the fact of acceptance or rejection of his application and, if
rejected, shall explain why the application was rejected.
D. If the applicant has on file with the county
a valid certificate of registration that indicates that the applicant is a
voter who registered by mail without submitting the required identification,
the county clerk shall notify the voter that he must submit with his absentee
ballot a copy of a current and valid photo identification, utility bill, bank
statement, government check, paycheck or other government document that shows
the name and address of the applicant.
The county clerk shall note on the absentee ballot register and
signature roster that the applicant's absentee ballot must be returned with the
required identification.
E. If the county clerk finds that the applicant
is a voter or a federal qualified elector, the county clerk shall mark the
application "Accepted" and deliver an absentee ballot to the voter in
the county clerk's office or mail to the applicant an absentee ballot and the
required envelopes for use in returning the ballot. Acceptance of an application of a federal
qualified elector constitutes registration for the election in which the ballot
is to be cast. Acceptance of an
application from an overseas voter who is not an absent uniformed services
voter constitutes a request for changing information on the certificate of
registration of any such voter. An
absent voter shall not be permitted to change his party affiliation during
those periods when change of party affiliation is prohibited by the Election
Code. Upon delivery of an absentee
ballot to a voter in the county clerk's office or mailing of an absentee ballot
to an applicant who is a voter, an appropriate designation shall be made on the
signature line of the signature roster next to the name of the voter who has
been provided or mailed an absentee ballot.
F. If an application for an absentee ballot is
delivered in person to the county clerk and is accepted, the county clerk shall
provide the voter an absentee ballot and it shall be marked by the applicant in
a voting booth of a type prescribed by the secretary of state, sealed in the
proper envelopes and otherwise properly executed and returned to the county
clerk or his authorized representative before the voter leaves the office of
the county clerk. The act of marking the
absentee ballot in the office of the county clerk shall be a convenience to the
voter in the delivery of the absentee ballot and does not make the office of
the county clerk a polling place subject to the requirements of a polling place
in the Election Code other than is provided in this subsection. It shall be unlawful to solicit votes,
display or otherwise make accessible any posters, signs or other forms of
campaign literature whatsoever in the clerk's office. Absentee ballots may be marked in person
during the regular hours and days of business at the county clerk's office from
8:00 a.m. on the fortieth day preceding the election up until 5:00 p.m. on the
Saturday immediately prior to the date of the election. In marking the absentee ballot, the voter may
be assisted by one person of the voter's choice.
G. Commencing with the twentieth day prior to an
election, an absent voter may vote in person, on an electronic voting machine
at the county clerk's office or at an alternate location established by the
county clerk; provided, a county clerk may allow an absent voter to vote on an
electronic voting machine beginning on the fortieth day before an
election. In class A counties, the county
clerk shall establish not less than four alternate locations as a convenience
to the voters. Absentee voting may be
done at the county clerk's office or an alternate location during the regular
hours of business from 8:00 a.m. on the twentieth day prior to the election
until 5:00 p.m. on the Saturday immediately prior to the election. The county clerk shall ensure that procedures
established for processing an absent voter application and for voting by
absentee ballot are complied with at each alternate location.
H. Absentee ballots shall be airmailed to
applicants temporarily domiciled inside or outside the continental limits of
the United States not later than on the Thursday immediately prior to the date
of the election.
I. An absentee ballot shall not be delivered or
mailed by the county clerk to any person other than the applicant for such
ballot.
J. The county clerk shall accept and process,
with respect to a primary or general election for any federal office, any
otherwise valid voter registration application from an absent uniformed
services voter or overseas voter if the application is received not less than
thirty days before the election. The
county clerk shall also accept and process federal write-in absentee ballots
from overseas voters in general elections for federal offices in accordance
with the provisions of Section 103 of the federal Uniformed and Overseas
Citizens Absentee Voting Act.
K. The secretary of state and each county clerk
shall make reasonable efforts to publicize and inform voters of the times and
locations for absentee voting."
Section 20. Section 1-6-5.1 NMSA 1978 (being Laws 1991,
Chapter 105, Section 10) is amended to read:
"1-6-5.1. FEDERAL ABSENTEE BALLOT DISTRIBUTION.--In the
distribution of federal absentee ballots:
A. federal qualified electors and members of the
uniformed services shall receive the entire ballot; and
B. all other overseas voters shall receive only
ballots for federal candidates."
Section 21. Section 1-6-6 NMSA 1978 (being Laws 1969,
Chapter 240, Section 132, as amended) is amended to read:
"1-6-6. ABSENTEE BALLOT REGISTER.--
A. For each election, the county clerk shall
keep an "absentee ballot register", in which he shall enter:
(1) the name and address of each absentee ballot
applicant;
(2) the date and time of receipt of the
application;
(3) whether the application was accepted or
rejected;
(4) the date of issue of an absentee ballot in
the county clerk's office or at an alternate location or the mailing of an
absentee ballot to the applicant;
(5) the applicant's precinct;
(6) whether the applicant is a voter, a federal
voter, a federal qualified elector or an overseas voter;
(7) whether the voter is required to submit identification pursuant to Section 1-6-5 NMSA
1978; and
(8) the date and time the completed absentee
ballot was received from the applicant by the county clerk or the absent voter
voted in the county clerk's office or at an alternate location.
B. Within twenty-four hours after receipt of a
voter's application for an absentee ballot, the county clerk shall mail either
the ballot or a notice of rejection to the applicant.
C. The absentee ballot register is a public
record open to public inspection in the county clerk's office during regular
office hours. The county clerk shall
have an updated absentee ballot register available for public inspection Monday
through Friday during regular office hours.
D. The county clerk shall deliver to the absent
voter precinct on election day a complete list of all absentee ballot
applicants with applicable information shown in the absentee ballot register
for each applicant up to 5:00 p.m. on the Thursday preceding the election. The county clerk shall deliver a signature
roster containing the same information as the lists to the absent voter
precinct board.
E. The county clerk shall transmit to the
secretary of state and to the county chairman of each of the major political
parties in the county a complete copy of entries made in the absentee ballot
register. The transmissions shall be
made once each week beginning four weeks immediately prior to the
election. A final copy shall be
transmitted on the Friday immediately following the election."
Section 22. Section 1-6-14 NMSA 1978 (being Laws 1971,
Chapter 317, Section 11, as amended) is amended to read:
"1-6-14. HANDLING ABSENTEE BALLOTS BY ABSENT VOTER
PRECINCT BOARDS.--
A. Before opening an official mailing envelope,
the presiding judge and the election judges shall determine that the required
information has been completed on the reverse side of the official mailing
envelope.
B. If the voter's signature is missing, the
presiding judge shall write "Rejected" on the front of the official
mailing envelope. The election clerks
shall enter the voter's name in the signature rosters and shall write the
notation "Rejected--Missing Signature" in the "Notations"
column of the signature rosters. The
presiding judge shall place the official mailing envelope unopened in an
envelope provided for rejected ballots, seal the envelope and write the voter's
name on the front of the envelope and deposit it in the locked ballot box.
C. A lawfully appointed challenger may examine
the official mailing envelope and may challenge the ballot of any absent voter
for the following reasons:
(1) the official mailing envelope has been opened
prior to being received by the absent voter precinct board; or
(2) the person offering to vote is not a federal
voter, federal qualified elector, overseas voter or voter as provided in the
Election Code.
Upon the challenge of an
absentee ballot, the election judges and the presiding election judge shall
follow the same procedure as when ballots are challenged when a person attempts
to vote in person. If a challenge is
upheld, the official mailing envelope shall not be opened but shall be placed
in an envelope provided for challenged ballots.
The same procedure shall be followed in canvassing and determining the
validity of challenged absentee ballots as with other challenged ballots.
D. If the official mailing envelope has been
properly subscribed and the voter has not been challenged:
(1) the election judges shall open the official
mailing envelope and deposit the ballot in its still-sealed official inner
envelope in the locked ballot box; and
(2) the election clerks shall enter the absent
voter's name and residence address as shown on the official mailing envelope in
the signature rosters and shall mark the notation "AB" opposite the
voter's name in the "Notations" column of the signature rosters.
E. Prior to the closing of the polls, the
election judges and the presiding election judge may either remove the absentee
ballots from the official inner envelopes and count and tally the results of
absentee balloting or, under the personal supervision of the presiding election
judge and one election judge from each major political party, count and tally
the absentee ballots on an electronic voting machine the same as if the absent
voters had been present and voted in person.
It is unlawful for a person to disclose the results of a count and tally
or the registration on a voting machine of absentee ballots prior to the
closing of the polls.
F. Absentee ballots shall be counted and tallied
on an electronic voting machine as provided in the Election Code.
G. Absent voter precinct polls shall close at
the time prescribed by the Election Code for other polling places, and the
results of the election shall be certified as prescribed by the secretary of
state.
H. The county clerk may convene the absent voter
precinct board no more than three days before the day of the election to
alphabetize, enter on the roster and sort the absentee ballots by legislative
district; provided that a member of the absent voter precinct board shall not
open an official mailing envelope or count and canvass any absentee ballot
prior to the day of the election.
I. If an absentee ballot does not contain the
identification required pursuant to Subsection D of
Section 1-6-5 NMSA 1978, it shall be
handled as a provisional paper ballot in accordance with the Election
Code."
Section 23. Section 1-9-2 NMSA 1978 (being Laws 1969,
Chapter 240, Section 185, as amended) is amended to read:
"1-9-2. SECRETARY OF STATE--MANNER OF APPROVAL.--
A. All voting systems approved for use in New
Mexico shall meet federal election standards, conform to state information
technology rules, standards and practices and be tested by an independent
authority.
B. A person desiring to have a type of voting
system approved for use in New Mexico may apply to the secretary of state to
have the system examined and approved.
At the time application is made, the applicant shall direct the
independent testing authority to submit its report on the system to the
secretary of state.
C. Upon receipt of the report from the
independent testing authority, the secretary of state shall examine and study
the system. As part of the examination,
the secretary of state shall require the system to be independently inspected
by two voting system experts and shall require from each of them a written
report on the results of their inspection.
D. Upon completion of his examination, the
secretary of state shall make a written report on the result of his examination
and findings and shall file such report, together with the inspection reports
of the two voting system experts, in the office of the secretary of state. Such reports and findings are public records.
E. The secretary of state shall inform the
applicant in writing of the findings. If
the findings show that the voting system type is adequate for the election
needs of New Mexico, it shall be deemed approved for use at elections in the
state."
Section 24. Section 1-9-4.1 NMSA 1978 (being Laws 2001,
Chapter 233, Section 15) is amended to read:
"1-9-4.1. TOUCH-SCREEN DIRECT RECORDING ELECTRONIC
VOTING SYSTEMS--STANDARDS.--
A. A touch-screen direct recording electronic
voting system, as approved by the secretary of state, may be used in any
election for public office in New Mexico.
As used in this section, "system" means a touch-screen direct
recording electronic voting system.
B. The system shall:
(1) meet federal election performance and test
standards;
(2) provide for direct recording and tabulating
of votes cast;
(3) have internal application software that:
(a) is specifically designed and engineered for
the election application;
(b) is contained within each touch-screen voting
device;
(c) is stored in a nonvolatile memory within each
terminal;
(d) includes internal quality checks such as
purity or error detection and correction codes; and
(e) includes comprehensive diagnostics to ensure
that failures do not go undetected;
(4) have a battery backup that will, at a
minimum, allow voting to continue uninterrupted for two hours without external
power;
(5) have internal audit trail capability such
that all pre-election, election day and post-election events, including all
random ballot image anomalies, shall be stored, recorded and recovered in an
easy-to-read printed form and be retained within at least three independent
memories that do not require any type of external alternating current or direct
current battery power for memory retention;
(6) along with any and all activating and vote
recording devices and components, have a unique embedded internal serial number
for audit purposes;
(7) be a stand-alone, non-networked election
system such that all pre-election, election day and post-election events and
activities, including any and all entered votes, are directly entered, recorded
and retained in each device in multiple memory locations within the device;
(8) for security purposes, along with each
associated activating and recording device and component, employ a unique,
electronically implanted election specific internal security code such that the
absence of such code prevents substitution of any unauthorized system or
related component;
(9) be designed to accept challenged or fail-safe
ballots and allow voters to choose their ballot language directly on the
system;
(10) be designed to accommodate the maximum number
of ballot styles or ballot variations encountered in the largest New Mexico
election jurisdiction;
(11) employ scalable technology allowing easy
enhancements that meet federal election standards and can take advantage of new
election technology such as larger touch-screens, optional touch-screen types,
expandable memory, modem transmission of election results, ballot activation
from automated voter registration and internet communication capabilities;
(12) have electronic components mounted on printed
circuit boards and subsistence, such as printer, power sources, microprocessor,
switch and indicator matrices modular and luggable;
(13) have a realtime clock capable of recording
and documenting the total time polls are open in a precinct and capable of
documenting the opening and closing of polls;
(14) prevent any voter from selecting more than
the allowable number of candidates for any office to prevent overvoting, be
able to alert the voter on a message screen if the voter attempts to overvote
and inform the voter of any necessary corrective action;
(15) present the entire ballot to the voter in a
series of sequential pages that include methods to ensure the voter sees all
ballot options on all pages before completing his vote and allow the voter to
review all ballot choices before casting his ballot;
(16) have as an integral part of the system a privacy
curtain within which the voter casts his vote;
(17) have a color touch-screen that is at least
fifteen inches in diagonal measure; and
(18) be able to accommodate a wheelchair voter
without intervention of the poll worker other than a minor adjustment such as
the angle of the display, and the voter must be able to vote in a face-first
position so that privacy is maintained with the ballot surface adjusted to a
vertical position.
C. If the net weight of the system, or aggregate
of voting device parts, is over twenty pounds, the system shall have
self-contained wheels so that the system can be easily rolled by one person on
rough pavement and can roll through a standard thirty-inch door frame.
D. The device that is used by a poll worker to
activate the system for each individual voter shall be a credit-card size
"smart card" type of device.
The poll worker shall be able to activate the card at the poll table with
an activation device and hand the card to the voter to use on any open voting
system. The card shall be rendered
unusable by the voting system after the voter has cast a ballot. The system must be compatible with the voter
registration system, so that the precinct and party information for a specific
voter can be transferred to the system automatically and transferred to the
smart card without poll-worker data entry.
There shall be a manual solution available in the event the smart card
activation device, or the smart card reading unit on the machine, fails.
E. Each system shall be able to print an
alphanumeric printout of the contest, candidates, position numbers and vote
totals when the polls are open so that the poll workers can verify that the
counters for each candidate are on zero.
At the close of the polls, the system shall be able to print out in the
same format the results of the election.
These printouts shall contain the system serial number, public counter
total and protective counter number. The
poll worker must be able to request as many copies as necessary by state
law. The system shall include a feature
to allow reports to be sent to a printer, the screen and a file.
F. The system central processing unit shall be
designed so that no executable code can be launched from random access
memory. If the operating system is open
or widely used, it shall be an embedded system.
G. The system shall have a mandatory
pre-election testing of the ballot control logic and accuracy. The logic and accuracy test results must be
stored into the memory of the main processor (central processing unit) and into
the same programmable memory device that is used on election day for future
reference. This should be stored by vote
total summaries and by each individual ballot image randomly. The system must be capable of printing a
zero-results printout prior to these tests and a results printout after the
test.
H. The system shall provide an electronic,
redundant storage of both the vote totals and the randomized individual ballot
images.
I. The system shall allow a comparison of the
multiple locations of totals and ballot images to detect any errors or
discrepancies. In the event of a data
discrepancy, an appropriate error message shall be displayed in a text format,
in order to either correct the data error or prohibit voting from continuing.
J. The system shall have a programmable memory
device that plugs into the system. The
programmable memory device shall contain ballot control information, summary
vote totals, maintenance log, operator log and randomized ballot images.
K. The system shall maintain all vote totals,
public counter totals, audit trail ballot images, protective counter totals and
the internal clock time in both the main memory and the removable programmable
memory devices in the event the main power and battery backup power fail.
L. The system shall have a self-contained,
internal backup battery that powers all components of the system that are
powered by alternating current power. In
the event of a power outage in the precinct the self-contained, internal backup
battery power shall engage with no disruption of operation or loss of
data. The system shall maintain all vote
totals, public counter totals, audit trail ballot images, protective counter
totals and the internal clock time in both the main memory and the removable
programmable memory devices in the event the main power and battery backup
power fail.
M. The system software shall be able to:
(1) run in a networked or stand-alone
environment;
(2) support absentee in-person voting;
(3) collect and keep separate the absentee
in-person vote totals by day collected, by machine, by legislative district and
by site; and
(4) collect statistical data such as turnout so
that it is available by date and site."
Section 25. Section 1-9-15 NMSA 1978 (being Laws 1985,
Chapter 207, Section 14, as amended) is amended to read:
"1-9-15. ELECTRONIC VOTING SYSTEMS--RECORDING AND
TABULATING VOTING SYSTEMS--STANDARDS.--
A. Electronic recording and tabulating voting
systems as tested and approved by the secretary of state pursuant to the
provisions of Section 1-9-14 NMSA 1978, may be used in any election for public
office in New Mexico.
B. The electronic recording and tabulating
voting system shall meet the following standards:
(1) the system shall be an electronic
computer-controlled voting system that provides for direct electronic recording
and tabulating of votes cast;
(2) the operating system software of the system
shall be stored in nonvolatile memory and shall include internal quality checks
such as parity or error detection and correction codes. The software shall include comprehensive
diagnostics to ensure that failures do not go undetected;
(3) the system shall have a battery backup system
that will, as a minimum, retain voter information and be capable of retaining
and restoring processor operating parameters in the event of power failures;
(4) the system shall have, as a standard or as an
option, software and hardware provisions for remote transmission of election
results to a central location;
(5) subsistence, such as printer, power sources,
microprocessor, switch and indicator matrices, shall be modular and luggable. Electronic components shall be mounted on
printed circuit boards;
(6) the system shall be supplied with a dust- and
moisture-proof cover for transportation and storage purposes;
(7) the system shall be able to operate in a
temperature range of fifty degrees Fahrenheit to ninety degrees Fahrenheit;
(8) the system shall have a temperature range for
storage of zero degrees Fahrenheit to one hundred twenty degrees Fahrenheit;
(9) the system shall have an operating and
storage humidity range of thirty percent to eighty percent noncondensing;
(10) the system shall be able to accept line
voltage of 115 VAC +- fifteen percent, 60 HZ;
(11) the system shall be able to record and
document the total time polls are open at a precinct location;
(12) the system shall prevent any voter from
selecting more than the allowable number of candidates for any office and shall
preclude overvoting;
(13) the system shall be capable of operating
continuously for a minimum time period of sixteen hours without external power
(115 VAC);
(14) the tabulation of votes on the system shall
be stored, ballot by ballot, in three or more memory locations on separate
integrated circuit chips and shall be electronically compared throughout the
election. Any differences between votes
tabulated and votes stored in multiple storage locations shall be detected
immediately and generate an error message defining required maintenance on the
system before it can continue to be used in the election;
(15) the system shall contain the entire ballot,
which shall be placed on the face of the machine, and shall be visible to the
voter on a single page;
(16) the system shall have a privacy booth in
which the voter casts his vote, and the privacy booth shall be an integral part
of the system; and
(17) the system shall be designed to meet the
needs of physically disabled voters with or without adjustment of the unit by
poll workers.
C. In determining compliance with the standards
set forth in Subsection B of this section, the qualification test report made
pursuant to the performance and test standards of federal election law shall be
considered insofar as it is applicable."
Section 26. Section 1-9-16 NMSA 1978 (being Laws 1985, Chapter
207, Section 15, as amended) is amended to read:
"1-9-16. ELECTRONIC VOTING SYSTEMS--VOTE TABULATING
SYSTEMS--STANDARDS.--
A. Electronic vote tabulating systems, as tested
and approved by the secretary of state pursuant to the provisions of Section
1-9-14 NMSA 1978, may be used in any election for public office in New Mexico
for the purpose of tabulating ballots.
B. The electronic vote tabulating system shall
meet the following standards:
(1) the machine shall be an electronic
computer-controlled voting system that provides for the direct electronic
tabulation of votes cast;
(2) the operating software of the vote tabulating
system shall be stored in nonvolatile memory and shall include internal quality
checks such as parity or error detection and correction codes. The software shall include comprehensive
diagnostics to ensure that failures do not go undetected;
(3) the system shall have a battery backup that
will, as a minimum, retain voter information and be capable of retaining and
restoring processor operating parameters in the event of power failures;
(4) the system shall provide alphanumeric
printouts of the vote totals by legislative district at the closing of the
polls;
(5) the system shall have, as a standard or as an
option, software and hardware provisions for remote transmission of election
results to a central location;
(6) subsistence, such as printer, power sources,
microprocessor, switch and indicator matrices, shall be modular and
luggable. Electronic components shall be
mounted on printed circuit boards;
(7) the system shall be supplied with a dust- and
moisture-proof cover for transportation and storage purposes;
(8) the system shall be able to operate in a
temperature range of fifty degrees Fahrenheit to ninety degrees Fahrenheit;
(9) the system shall have a temperature range for
storage of zero degrees Fahrenheit to one hundred twenty degrees Fahrenheit;
(10) the system shall have an operating and
storage humidity of thirty percent to eighty percent noncondensing;
(11) the system shall accept a line voltage of 115
VAC +- fifteen percent, 60 HZ;
(12) the system memory pack shall be able to
accept over one thousand five hundred voting positions and tabulate over
sixty-five thousand votes for each position;
(13) the system shall accept a ballot inserted in
any orientation and one that is a minimum six inches wide and a maximum
twenty-four inches long, in dual columns and printed on both sides. The ballot shall be able to hold a maximum of
five hundred twenty candidate positions;
(14) the system shall recognize all errors and be
able to reject or return a ballot that contains an error. The tabulator shall automatically be able to
detect an overvoted ballot;
(15) the system shall contain an RS-232 data
communications capability to transmit totals;
(16) the system shall contain a public display
counter to record the number of ballots processed; and
(17) the system should be programmable with
control cards.
C. In determining compliance with the standards
set forth in Subsection B of this section, the qualification test report made
pursuant to the performance and test standards of federal election law shall be
considered insofar as it is applicable."
Section 27. Section 1-9-19 NMSA 1978 (being Laws 1985,
Chapter 207, Section 18, as amended) is amended to read:
"1-9-19. ELECTRONIC VOTING SYSTEM REVOLVING FUND.--The
"electronic voting system revolving fund" is created. The electronic voting system revolving fund
may be used to finance, by contract, the purchase of electronic voting systems
and necessary support equipment under the conditions stated in Section 1-9-17
NMSA 1978. The electronic voting system
revolving fund may be expended upon vouchers signed by the secretary of finance
and administration. If at the end of a
fiscal year the electronic voting system revolving fund exceeds six million
five hundred thousand dollars ($6,500,000), the amount in excess of six million
five hundred thousand dollars ($6,500,000) shall revert to the general
fund."
Section 28. Section 1-10-1 NMSA 1978 (being Laws 1977,
Chapter 222, Section 24, as amended) is amended to read:
"1-10-1. BALLOT.--As used in the Election Code:
A. "ballot" means a system for
arranging and designating for the voter the names of candidates, constitutional
amendments and other questions to be voted on and for the marking, casting or
otherwise recording of such votes, and the term includes absentee ballots,
ballot labels, ballot cards, ballot sheets, provisional paper ballots and
emergency paper ballots;
B. "ballot label" means that portion
of cardboard, paper or other material placed on the front of the voting machine
containing the names of the candidates, the offices the candidates are seeking,
a statement of the proposed constitutional amendment or other question or
proposition to be voted upon;
C. "emergency paper ballot" means the
paper ballot used in the circumstances covered under Section 1-12-43 NMSA 1978;
D. "ballot card" means a card upon
which votes may be recorded by use of a pen or pencil for tabulation in an
electronic vote tabulating machine;
E. "ballot sheet" means the sheet used
on an electronic vote recording and tabulating machine containing the offices,
candidates and questions to be voted on; and
F. "provisional paper ballot" means
the paper ballot used pursuant to Section 1-5-10 or 1-12-8 NMSA 1978 or Section
3 of this 2003 act."
Section 29. Section 1-12-7 NMSA 1978 (being Laws 1969,
Chapter 240, Section 246, as amended) is amended to read:
"1-12-7. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO
VOTE.--
A. A person shall not vote in a primary, general
or statewide special election unless he is a voter of the county in which he
offers to vote. A valid original
certificate of registration in the county register is prima facie evidence of
being a voter in the precinct.
B. A person whose major party affiliation is not
designated on his original certificate of registration shall not vote in a primary
election.
C. A person at a primary election shall not be
permitted to vote for the candidate of any party other than the party
designated on his current certificate of registration."
Section 30. Section 1-12-8 NMSA 1978 (being Laws 1969,
Chapter 240, Section 247, as amended) is amended to read:
"1-12-8. CONDUCT OF ELECTION--PROVISIONAL VOTING.--
A. A person shall be permitted to vote on a
provisional paper ballot even though his original certificate of registration
cannot be found in the county register or even if his name does not appear on
the signature roster, provided:
(1) his residence is within the boundaries of the
county in which he offers to vote;
(2) his name is not on the list of persons
submitting absentee ballots; and
(3) he executes a statement swearing or affirming
to the best of his knowledge that he is a qualified elector, is currently
registered and eligible to vote in that county and has not cast a ballot or
voted in that election.
B. A voter shall vote on a provisional paper
ballot if the voter:
(1) has not previously voted in a general
election in New Mexico;
(2) did not register to vote in person;
(3) did not submit the required identification
with the certificate of registration form; and
(4) does not present to the election judge one of
the following forms of identification that matches the name and address on the
voter's certificate of registration:
(a) a current and valid photo identification; or
(b) a copy of a current utility bill, bank
statement, government check, paycheck or other government document that shows
the name and address of the voter.
C. An election judge shall have the voter sign
the signature roster and issue the voter a provisional paper ballot, an outer
envelope and an official inner envelope.
The voter shall vote on the provisional paper ballot in secrecy and when
done, place the ballot in the official inner envelope and place the official
inner envelope in the outer envelope and return it to the precinct officer. The
election judge shall ensure that the required information is completed on the
outer envelope, have the voter sign it in the appropriate place and place it in
an envelope designated for provisional paper ballots.
D. Knowingly executing a false statement
constitutes perjury as provided in the Criminal Code of this state, and voting
on the basis of such falsely executed statement constitutes fraudulent voting."
Section 31. Section 1-16-5 NMSA 1978 (being Laws 1969,
Chapter 240, Section 378, as amended) is amended to read:
"1-16-5. STATE CONSTITUTIONAL
AMENDMENTS--BALLOT--FORMS FOR EMERGENCY AND PROVISIONAL PAPER BALLOTS AND
ABSENTEE BALLOTS.--
A. All emergency and provisional paper ballots
and absentee ballots proposing constitutional amendments shall have printed
thereon in both English and Spanish the full title of the joint resolution
proposing the constitutional amendment and the constitutional amendment number
assigned to the joint resolution by the secretary of state. Below the printed title, there shall be
printed on the ballot two one-quarter inch blank boxes. Opposite one of the blank boxes, there shall
be printed in both English and Spanish the word "FOR", and opposite
the other blank box shall be printed in both languages the word
"AGAINST".
B. There shall be printed across the top of the
ballot the following: "Instructions
to voters: If you desire to vote for the
amendment, mark a cross (X) or a check (ü) or any
other mark clearly indicating intention in the o opposite
the word "FOR". If you desire
to vote against the amendment, mark a cross (X) or a check (ü) or any other mark clearly indicating intention in the o opposite the word
"AGAINST"."
Section 32. Section 1-16-6 NMSA 1978 (being Laws 1969,
Chapter 240, Section 379, as amended) is amended to read:
"1-16-6. STATE CONSTITUTIONAL AMENDMENTS--MARKING
EMERGENCY AND PROVISIONAL PAPER BALLOTS AND ABSENTEE
BALLOTS.--A voter desiring to mark his
emergency or provisional paper ballot or absentee ballot for or against a
proposed constitutional amendment shall do so in the manner specified in the
instructions printed on the ballot."
Section 33. Section 1-16-9 NMSA 1978 (being Laws 1969,
Chapter 240, Section 381, as amended) is amended to read:
"1-16-9. STATE CONSTITUTIONAL AMENDMENTS--SINGLE
EMERGENCY AND PROVISIONAL PAPER BALLOT AND ABSENTEE BALLOT.--Proposed
constitutional amendments or other questions submitted to the voters on
emergency or provisional paper ballots or absentee ballots at any election
shall be printed upon one ballot only."
Section 34. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB 383
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