HOUSE BILL 361

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Edward C. Sandoval

AN ACT

RELATING TO ELECTIONS; REGULATING THIRD-PARTY REGISTRATION AGENTS; PROVIDING A PENALTY.

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:

     "[NEW MATERIAL] REGISTRATION AGENT.--As used in the Election Code, "registration agent" means a state or federal employee who provides voter registration at a state agency or any other individual who assists another person in completion of a voter registration application."

     Section 2. A new section of Chapter 1, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] THIRD-PARTY REGISTRATION AGENTS--REGISTRATION REQUIRED--PROCEDURES--REPORTS--PENALTY.--

          A. Registration agents who either register or assist persons to register to vote on behalf of an organization that is not a state or federal agency shall register with the secretary of state and the organization shall provide the secretary of state with:

                (1) the name and permanent address of the organization;

                (2) the names, permanent addresses, temporary addresses, if any, dates of birth and social security numbers of each person registering persons to vote in the state on behalf of the organization; and

                (3) a sworn statement from each registration agent employed by or volunteering for the organization stating that the agent will obey all state laws and rules regarding the registration of voters on a form that gives notice of the criminal penalties for false registration.

            B. Organizations employing registration agents or using volunteer registration agents shall deliver a certificate of registration to the secretary of state or county clerk within twenty-four hours of its completion by the person registering to vote or the next business day if the appropriate office is closed for that twenty-four-hour period.

          C. The secretary of state may issue rules to ensure the integrity of the registration process, including rules requiring that organizations account for all registration forms used by their registration agents.

          D. A person who violates the provisions of this section is guilty of a fourth degree felony."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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