46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO ELECTIONS; REQUIRING VOTER IDENTIFICATION BY SIGNATURE VERIFICATION; ESTABLISHING PROCEDURES FOR VOTING WHEN DIGITAL FACSIMILE SIGNATURE VERIFICATION IS UNAVAILABLE; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Election Code, Section 1-12-8.1 NMSA 1978, is enacted to read:

"1-12-8.1. [NEW MATERIAL] VOTER IDENTIFICATION BY SIGNATURE VERIFICATION--PROCEDURE--EXEMPTION--ALTERNATIVES.--

A. The signature rosters at each polling place and each place where early in-person voting is allowed shall contain digital facsimile signatures of each registered voter on the roster.

B. A voter shall sign the signature roster before casting a ballot on election day or when voting early in person pursuant to Section 1-6-5 NMSA 1978. If the actual signature of a voter is significantly at variance from the digital facsimile signature on the signature roster and a member of the precinct board or, during early voting, an officer of the county clerk's office present at the place of voting does not have personal knowledge of the identity of the voter, the voter shall vote in accordance with the procedures in Subsection F of this section.

C. In determining the validity of a signature, the precinct board or, during early voting, an officer of the county clerk's office present at the place of voting may consider factors such as the age or disability of the voter.

D. A voter qualifying for assistance pursuant to Section 1-12-12 NMSA 1978 is exempt from the requirements of Subsection B of this section.

E. All counties shall comply with the provisions of this section on or before the 2004 primary election.

F. If a polling place, county clerk's office or location where early in-person voting is allowed is unable to provide for digital facsimile signature verification, alternative identification shall be used. Before voting, the voter shall present 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; 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 the voter is unable to present one of these forms of identification, the voter shall be allowed to vote after executing a statement swearing or affirming that the voter is the named registered voter."

Section 2. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the secretary of state for expenditure in fiscal year 2004 for disbursement to counties for purchasing digital facsimile signature printers. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.