2005 House Bill text for HB0362

HOUSE BILL 362

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

INTRODUCED BY

Edward C. Sandoval

AN ACT

RELATING TO ELECTIONS; UPDATING LANGUAGE IN ARTICLES 4, 5 AND 12 OF THE ELECTION CODE; MAKING LANGUAGE IN THE ELECTION CODE CONSISTENT WITH FEDERAL LAW; DEFINING TERMS; CHANGING SUPERVISORY DUTIES OF THE SECRETARY OF STATE; SPECIFYING HOW PRECINCTS MAY BE FORMED AND DESIGNATED; ALLOWING VOTER ASSISTANCE WITH VOTING SYSTEMS; CHANGING REGISTRATION PROCEDURES; AMENDING, RECOMPILING, REPEALING 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:

"[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. Section 1-1-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 16, as amended) is amended to read:

"1-1-16. REGISTRATION OFFICER.--As used in the Election Code, "registration officer" means a county clerk or [his] a clerk's authorized deputy [or], a member of the board of registration or a state employee performing registration duties in accordance with the federal Help America Vote Act of 2002 or Section 1-4-5.2 NMSA 1978."

Section 3. Section 1-2-17 NMSA 1978 (being Laws 1969, Chapter 240, Section 37, as amended) is amended to read:

"1-2-17. PRECINCT BOARD--SCHOOLS OF INSTRUCTION.--

A. The secretary of state [shall] may supervise and the county clerk shall cause to be held a public school of instruction for all presiding judges, precinct boards and others who will be officially concerned with the conduct of elections in any county with a population of one hundred thousand or more according to the most recent federal decennial census.

B. The county clerk shall cause to be held a public school of instruction for all presiding judges, precinct boards and others who will be officially concerned with the conduct of the elections in any county having a population of less than one hundred thousand according to the most recent federal decennial census.

C. The schools for instruction provided for in this section shall be as follows:

(1) one school not less than three days before the primary election;

(2) one school not less than three days before the general election; and

(3) one school not less than three days before any other statewide election.

D. All major details of the conduct of elections shall be covered by the county clerk or [his] the clerk's authorized representative at such school, with special emphasis being given to recent changes in the Election Code.

E. The school of instruction shall be open to any interested person, and notice of the school shall be given to the public press at least four days before the school is to be held. Each member of the precinct board shall be notified by mail at least seven days prior to commencement of the school.

F. [No] A person shall not serve as a judge or member of a precinct board in any election [who has not] unless that person has attended at least one such school of instruction in the calendar year of the election at which [he] the person is appointed to serve or has been certified by the county clerk with respect to the person's completion of the school of instruction. This subsection shall not apply to filling of vacancies on election day as provided in Subsection B of Section 1-2-15 NMSA 1978."

Section 4. Section 1-3-12 NMSA 1978 (being Laws 1984 (1st S.S.), Chapter 3, Section 4, as amended) is amended to read:

"1-3-12. ADJUSTING PRECINCT BOUNDARIES.--

A. Before each federal decennial census, every precinct boundary shall be adjusted to coincide with a numbered or named street or road or with a visible terrain feature that is:

(1) shown on the standard base maps developed pursuant to Subsection B of this section;

(2) a designated census block boundary on the federal PL 94-171 2000 census block maps; or

(3) approved by the secretary of state and the bureau of the census.

B. Prior to commencement of the federal decennial census, the secretary of state shall have prepared and furnish to each county clerk standard base maps of the county. The standard base map for nonurban areas of the county shall, as nearly as practical, show:

(1) all state and federal highways;

(2) all numbered and named county roads that have been certified to the [state highway and] department of transportation [department];

(3) all military installation boundaries and federal and state prison boundaries;

(4) all major railroad lines; and

(5) other major terrain features such as flowing rivers and streams, arroyos, powerlines, pipelines and ridgelines and other acceptable census block boundaries.

C. The board of county commissioners and the county clerks, upon receipt of the standard base maps from the secretary of state, shall:

(1) adjust all urban precinct boundaries to coincide with numbered or named street boundaries;

(2) adjust all nonurban precinct boundaries to coincide with suitable visible terrain features shown on the standard base map; provided that in order to make an adjustment, two or more existing precincts may be consolidated without consolidating existing polling places; and provided further that the precincts shall be composed of contiguous and compact areas, and state, county and municipal boundary lines may serve as precinct boundaries; and

(3) upon the completion of the precinct boundary adjustments as required in this section, indicate on the standard base maps the boundaries for both urban and nonurban precincts and, together with a written description of the precincts, shall send four copies of the precinct maps to the secretary of state for approval.

D. The precincts shown upon the standard base maps submitted pursuant to the provisions of this section and as revised and approved by the secretary of state pursuant to the Precinct Boundary Adjustment Act shall become the official precincts of each county for the 2001 redistricting. For the 2002 and subsequent primary and general elections, changes in precincts shall be made in accordance with the provisions of Chapter 1, Article 3 NMSA 1978.

E. A county commission shall not split a precinct into two or more districts for any elected office.

F. Precincts shall be designated solely by whole numbers."

Section 5. Section 1-4-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 63, as amended) 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 or qualified elector 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] by signing the certificate of registration using [his] the qualified elector's 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] the qualified elector's 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] the clerk's 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 6. Section 1-4-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 66, as amended) is amended to read:

"1-4-8. DUTIES OF COUNTY CLERK--ACCEPTANCE OF REGISTRATION--CLOSE OF REGISTRATION--FEDERAL QUALIFIED ELECTORS AND OVERSEAS VOTERS--LATE REGISTRATION.--

A. For qualified electors other than federal qualified electors or overseas voters, the following provisions shall apply:

(1) the county clerk shall receive certificates of registration at all times during normal working hours, except that [he] the clerk shall close registration at 5:00 p.m. on the twenty-eighth day immediately preceding any election at which the registration books are to be furnished to the precinct board;

(2) registration shall be reopened on the Monday following the election;

(3) for purposes of a municipal or school election, the registration period for those precincts within the municipality or school district is closed at 5:00 p.m. on the twenty-eighth day immediately preceding the municipal or school election and is opened again on the Monday following the election;

(4) during the period when registration is closed, the county clerk shall receive certificates of registration and other documents pertaining thereto but shall not file the certificate of registration in the registration book until the Monday following the election, at which time a voter identification card shall be mailed to the registrant at the address shown on the certificate of registration;

(5) when the twenty-eighth day prior to any election referred to in this section is a Saturday, Sunday or legal holiday, registration shall be closed at 5:00 p.m. of the next succeeding regular business day for the office of the county clerk; and

(6) the county clerk shall accept for filing any certificate of registration that is [hand delivered] subscribed and dated on or before the twenty-eighth day preceding the election and received by the county clerk before 5:00 p.m. on [the Friday immediately following the close of registration] that day. The county clerk shall accept for filing any mailed certificate of registration postmarked and received not less than twenty-eight days prior to any election referred to in this section. The county clerk shall accept for filing any certificate of registration accepted at a state agency designated pursuant to Section 1-4-5.2 NMSA 1978 not later than twenty-eight days prior to any election.

B. For federal qualified electors and overseas voters, the county clerk shall accept a certificate of registration by electronic transmission from a voter qualified to apply for and vote by absentee ballot in the county if the transmission is received before 5:00 p.m. on the Friday immediately preceding the election."

Section 7. Section 1-4-23 NMSA 1978 (being Laws 1969, Chapter 240, Section 79, as amended) is amended to read:

"1-4-23. REVIEW OF REGISTRATION--BOARD OF REGISTRATION--INACTIVE VOTER LIST CREATION.--Beginning on the third Monday of March of each odd-numbered year, the board of registration shall review all certificates of registration [for failure of the voter to vote] and, based on that review, shall establish a list of inactive voters [Voters who fail to vote in at least one statewide or local election in a two-year period shall be placed on an inactive voter list] in accordance with the provisions of the federal National Voter Registration Act of 1993. The secretary of state shall issue rules on list maintenance in accordance with the provisions of the federal National Voter Registration Act of 1993."

Section 8. Section 1-5-1 NMSA 1978 (being Laws 1969, Chapter 240, Section 103, as amended) is amended to read:

"1-5-1. SHORT TITLE.--Sections [3-5-l through 3-5-34 NMSA 1953] 1-5-1 through 1-5-29 NMSA 1978 may be cited as the "[Automated] Voter Records System Act"."

Section 9. Section 1-5-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 104, as amended) is amended to read:

"1-5-2. DEFINITIONS.--As used in the Election Code:

A. "county" means any county in this state;

[B. "county register" means an official file of original certificates of registration of the county or any precinct thereof;

C. "voter list" means any prepared list of voters;

D. "signature roster" means a copy of a voter list with space provided opposite each voter's name for the voter's signature or witnessed mark;

E. "active data processing media" means magnetic discs, magnetic tape or functionally similar devices containing data capable of being read and processed by computer for the eventual preparation of voter lists;

F. "intermediate records" means records on active data processing media;

G. "voter file" means all voter registration information required by law and by the secretary of state that has been extracted from the certificate of registration of each voter in the county, stored on active data processing media and certified by the county clerk as the source of all information required by the Automated Voter Records System Act;

H. "program records" means the necessary detailed program and instructions for carrying out and controlling machine processing of information derived from the voter file. Program records shall exist in written English or coded form and they may exist on active data processing media;

I. "mailing labels" means prepared mailing labels of selected voters arranged in the order in which requested and providing only the name and address of the voter;

J. "special voter lists" means prepared lists of selected voters arranged in the order in which requested;

K. "statistical data" means information derived from the voter file;

L. "voter data" means selected information derived from the voter file;

M. "data processor" means a data processing facility and associated employees and agents thereof contracted to provide data processing services required by the Automated Voter Records System Act;

N. "file maintenance list" means any prepared listing that reflects additions, deletions or changes to the voter file;

O. "precinct voter list" means a voter list arranged in alphabetical order of voter surname within and for each precinct;

P. "county voter list" means a voter list arranged in alphabetical order of voter surname within and for each county;

Q. "unofficial election canvassing file" means the compilation by the county clerk of the results of any election prior to official certification of the election results;

R. "unofficial election canvassing system" means the automated data processing computer program used to create the unofficial election canvassing file;

S. "election campaign purposes" means relating in any way to a campaign in an election conducted by a federal, state or local government; and

T. "governmental purposes" means noncommercial purposes relating in any way to the structure, operation or decision-making of a federal, state or local government]

B. "county register" means an official file of original certificates of registration of the county or any of its precincts;

C. "county voter list" means a voter list arranged in alphabetical order of voter surname within and for each county;

D. "data processor" means a data processing facility and its associated employees and agents contracted to provide data processing services required by the Voter Records System Act;

E. "data recording media" means a manual, electronic or other device containing data capable of being read and processed by any means for the eventual preparation of voter lists;

F. "election campaign purposes" means relating in any way to a campaign in an election conducted by a federal, state or local government;

G. "file maintenance list" means any prepared listing that reflects additions, deletions or changes to the voter file;

H. "governmental purposes" means noncommercial purposes relating in any way to the structure, operation or decision-making of a federal, state or local government;

I. "mailing labels" mean prepared mailing labels of selected voters arranged in the order in which requested and providing only the name and address of the voter;

J. "precinct voter list" means a voter list arranged in alphabetical order of voter surname within and for each precinct;

K. "signature roster" means a copy of a voter list with space provided opposite each voter's name for the voter's signature or witnessed mark;

L. "special voter list" means a prepared list of selected voters arranged in the order in which requested;

M. "voter data" means selected information derived from the voter file;

N. "voter file" means all voter registration information required by law and by the secretary of state that has been extracted from the certificate of registration of each voter in the county, stored on data recording media and certified by the county clerk as the source of all information required by the Voter Records System Act; and

O. "voter list" means any prepared list of voters."

Section 10. Section 1-5-3 NMSA 1978 (being Laws 1969, Chapter 240, Section 105, as amended by Laws 1993, Chapter 314, Section 33 and also by Laws 1993, Chapter 316, Section 33) is amended to read:

"1-5-3. ACT IS MANDATORY AND SUPPLEMENTAL TO ELECTION CODE.--

A. [Effective January 1, 1984] The [Automated] Voter Records System Act is mandatory and supplemental to the provisions of the Election Code. The provisions of that act shall be implemented in all counties by order of the [board of county commissioners of the county in all precincts of a county] secretary of state in accordance with the provisions of the federal Help America Vote Act of 2002.

B. The secretary of state shall maintain [a current registration list of state voters] the official state voter file based on county [voter lists and] registers and shall provide access to the file to the county clerks. The secretary of state shall prescribe any rules, forms and instructions necessary [for the orderly transition to and the efficient implementation of] to implement procedures required by the [Automated] Voter Records System Act and federal law. The secretary of state shall maintain a log, which shall be public, containing all transactions regarding requests for current registration lists of state voters. The log shall indicate the requesting party, the date of the request, the date of fulfilling the request, charges made and any other information deemed advisable by the secretary of state. Requests for registration lists in printed or [magnetic] electronic form shall be fulfilled within a period of ten working days.

C. All registration records required by the Election Code shall be maintained for each of the precincts in addition to those records required by the [Automated] Voter Records System Act [but the procedures of that act shall be used in lieu of others prescribed in the Election Code] and federal law."

Section 11. Section 1-5-6 NMSA 1978 (being Laws 1969, Chapter 240, Section 108, as amended) is amended to read:

"1-5-6. PRECINCT VOTER LISTS--SIGNATURE ROSTER PREPARATION.--The county clerk shall provide for preparation of precinct voter lists and signature rosters generated from the official state voter file for any precincts. The voter precinct lists and signature rosters shall be used at any election for which registration of voters is required in lieu of bound original certificates of registration and poll books."

Section 12. Section 1-5-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 109, as amended) is amended to read:

"1-5-7. PRECINCT VOTER LISTS--SIGNATURE ROSTERS--CONTENTS.--

A. The precinct voter lists and signature rosters for any precinct shall contain for each voter, as shown in the county register, the voter's:

(1) [his] name;

(2) gender;

(3) place of residence;

(4) last four digits of the voter's social security number;

(5) year of birth;

(6) party affiliation, if any; and

(7) precinct of residence.

B. In addition, the names on each precinct voter list and signature roster shall be numbered consecutively beginning with the number "1".

C. On each page of each voter list and on each signature roster there shall be printed the page number and the date and name of the election for which they are to be used.

[D. For those counties who, prior to June 18, 1993, utilized voter files that do not contain telephone numbers of registered voters, the provisions of Subsections J and L of Section 1-5-2 NMSA 1978 and Paragraph (4) of Subsection A of Section 1-5-7 NMSA 1978 regarding dissemination of voter telephone numbers shall apply only to individuals registering to vote after January 1, 1994.]"

Section 13. Section 1-5-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 110, as amended) is amended to read:

"1-5-8. PRECINCT VOTER LISTS--SIGNATURE ROSTERS--NUMBER-- DISTRIBUTION.--

A. One copy of the signature roster shall be prepared for each precinct. On the cover of [such] the signature roster shall be printed the words, "Copy for the County Clerk". Upon its preparation and certification as to its accuracy and completeness, the county clerk shall deliver the copy of the signature roster to the precinct board [in lieu of the poll book].

B. The county clerk shall prepare three copies of the precinct voter list for each precinct. Of the three copies prepared, one copy shall not include voter social security numbers. [He] The other two shall contain only the last four digits of the voter's social security number. The county clerk shall deliver two of the copies to each precinct board [in lieu of bound certificates of registration]. One copy of the voter list shall be retained by the county clerk for verification purposes on election day and one copy for the secretary of state shall be marked to verify those voters on the list who voted.

C. Two copies of the county voter list, arranged in alphabetical order, shall be prepared for election day for verification purposes only."

Section 14. Section 1-5-14 NMSA 1978 (being Laws 1969, Chapter 240, Section 118, as amended) is amended to read:

"1-5-14. FILE MAINTENANCE LISTS.--

A. At least once a month, the county clerk shall have made from the state voter file a file maintenance list of additions, deletions and changes, if any, to the county register.

[B. The county clerk shall be furnished with two copies of the file maintenance lists.

C.] B. One copy of the list shall be stored by the county clerk for at least one year.

[D.] C. The county clerk shall also [be furnished with] furnish copies of the list [to give] to the county chairman of each of the major political parties in the county. The copy of the chairman's list shall indicate whether each item is an addition, deletion or change. The file maintenance list shall not include the voter's social security number, codes used to identify the agency where the voter registered, the voter's day and month of birth or the voter's telephone number, if prohibited by the voter.

[E. Beginning the first Monday of February of an election year and every month thereafter, the county clerks shall furnish the secretary of state with a copy of the voter file, except that during the months of April and September of an election year, the county clerks shall furnish a copy of the voter file to the secretary of state at least one time each week. The final copy shall be furnished to the secretary of state by the county clerks within seven days of the close of registration.]"

Section 15. Section 1-5-17 NMSA 1978 (being Laws 1969, Chapter 240, Section 122, as amended) is amended to read:

"1-5-17. [PROGRAM RECORDS] VOTER REGISTRATION SYSTEM SOFTWARE--INSTRUCTIONS--STATUS--PROTECTION.--

A. [Program records] Voter registration system software and instructions for [their] its use in controlling the processing of information derived from the voter file shall be verified functionally, identified and approved by the secretary of state.

[B. Program records and instructions for their use shall remain the property of the designated data processor.

C.] B. Verified, identified and approved [program records] voter registration system software and instructions shall be safeguarded at all times against loss or damage. The designated data processor shall be in charge of these safeguards subject to approval by the secretary of state."

Section 16. Section 1-5-18 NMSA 1978 (being Laws 1969, Chapter 240, Section 124, as amended) is amended to read:

"1-5-18. LIST AND ROSTER PREPARATION--COMPATIBLE DUPLICATE MEANS.--

A. The [county clerk] secretary of state shall [employ such] provide to the county clerk means for the preparation of voter lists and signature rosters [as can be functionally duplicated elsewhere with reasonable cost and convenience].

B. At least one compatible duplicate means shall be provided for on a standby basis, and it shall be capable of performing the preparation of voter lists and signature rosters with minimum delay in case the original means is unable to perform.

C. The [county clerk] secretary of state shall procure and preserve sufficient duplicate [program information] voter registration system software and operating instructions [with each duplicate program record] so that in case of disaster the duplicate master record and the duplicate [program record and the duplicate additional program information] voter registration system software and operating instructions will be all that will be required for another compatible facility to prepare registered voter lists and signature rosters with minimum delay."

Section 17. Section 1-5-21 NMSA 1978 (being Laws 1975, Chapter 255, Section 75, as amended) is amended to read:

"1-5-21. DATA PROCESSOR--CUSTODY AND PROTECTION OF VOTER FILE--DELIVERY OF VOTER FILE AND PROGRAM RECORDS.--

A. The designated data processor shall provide the secretary of state, county clerk or county with data processing services in the implementation and maintenance of the [Automated] Voter Records System Act and in carrying out such other services as are reasonably related to providing [automated] data processing of the voter records system.

B. The designated data processor [shall be responsible for the identification of the voter file and program records and parts thereof and] shall preserve and safeguard [them] voter files and voter registration system software from loss, damage, unauthorized alteration, unauthorized access [thereto] and unauthorized reproduction [thereof] and shall [insure] ensure their continued use and accessibility while [such file and records] they are in the data processor's custody.

C. No copies of the voter file or information or listings derived therefrom shall be furnished by the data processor to any person other than the secretary of state, the county clerk or [his] their designated [agent] agents.

[D. The designated data processor shall provide the county clerk of the county with data processing services in the implementation and maintenance of the unofficial election canvassing system.

E. The unofficial election canvassing system shall be tested by the secretary of state at least thirty days prior to an election.

F. The secretary of state shall certify the unofficial election canvassing system of any county at least twenty days prior to an election.]"

Section 18. Section 1-5-22 NMSA 1978 (being Laws 1975, Chapter 255, Section 76) is amended to read:

"1-5-22. UNLAWFUL DISPOSITION OF VOTER FILE--PENALTY.--

A. Unlawful disposition of voter file consists of the willful selling, loaning, providing access to or otherwise surrendering of the voter file, duplicates of [such] the file or a part [thereof] of the file by [any of the following persons: (1)] a data processor; [(2) his] a data processor's agent or employee; [(3)] a state or county officer; [(4) his] or a state or county officer's deputy, [or] assistant, [or (5) his] employee or agent to anyone not authorized by the [Automated] Voter Records System Act to have possession of [such] the file.

B. For purposes of this section, a file maintenance list shall be considered a voter file or a part [thereof] of a voter file.

C. Any data processor, officer, deputy, assistant, agent or employee who commits unlawful disposition of a voter file is guilty of a fourth degree felony."

Section 19. Section 1-5-23 NMSA 1978 (being Laws 1975, Chapter 255, Section 77) is amended to read:

"1-5-23. UNLAWFUL DESTRUCTION OR ALTERATION OF [ACTIVE] DATA [PROCESSING] RECORDING MEDIA, VOTER FILE, FILE MAINTENANCE LIST, [PROGRAM RECORDS] VOTER REGISTRATION SYSTEM SOFTWARE, INSTRUCTIONS AND VOTER LISTS--PENALTY.--

A. Unlawful destruction or alteration of [active] data [processing] recording media, voter [file] files, file maintenance [list, program records] lists, voter registration system software and instructions or voter lists consists of the unauthorized destruction of, [or] the unauthorized alteration of, [or] the erasure of information from or the rendering unusable for their lawfully intended purpose of such media, files, [records] software, instructions and lists or parts thereof by any person.

B. Any person who commits unlawful destruction or alteration of [active] data [processing] recording media, voter file, file maintenance lists, [program records] voter registration system software, instructions or voter lists is guilty of a fourth degree felony."

Section 20. Section 1-5-24 NMSA 1978 (being Laws 1975, Chapter 255, Section 78, as amended) is amended to read:

"1-5-24. REQUESTS FOR [STATISTICAL DATA] VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS.--

A. The county clerk or secretary of state shall [authorize the data processor to] furnish [statistical data] voter data, mailing labels or special voter lists only upon written request to the county clerk or the secretary of state and after compliance with the requirements of this section; provided, however, all requesters shall be treated equally [by the data processor] in regard to the charges and the furnishing of the materials.

B. In furnishing voter data, mailing labels or special voter lists, the county clerk or secretary of state shall not provide data or lists that include voters' social security numbers, codes used to identify agencies where voters have registered, a voter's day and month of birth or voters' telephone numbers if prohibited by voters.

C. Each requester of voter data, mailing labels or special voter lists shall sign an affidavit that the voter data, mailing labels and special voter lists shall be used for governmental or election and election campaign purposes only and shall not be made available or used for unlawful purposes.

[D. Each requester of statistical data shall sign an affidavit that such statistical data shall be used for information or research purposes only and shall not be made available or used for unlawful purposes.

E.] D. The secretary of state shall prescribe the form of the affidavit."

Section 21. Section 1-5-25 NMSA 1978 (being Laws 1975, Chapter 255, Section 79, as amended) is amended to read:

"1-5-25. [UNLAWFUL USE OF STATISTICAL DATA] UNLAWFUL USE OF VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS--PENALTIES.--

[A. Unlawful use of statistical data consists of use of statistical data in such a manner as to derive information, the use or possession of which would be otherwise prohibited under the Automated Voter Records System Act.

B.] A. Unlawful use of voter data, mailing labels or special voter lists consists of the knowing and willful use of such information for purposes prohibited by the [Automated] Voter Records System Act.

[C.] B. Any person, organization or corporation or agent, officer, representative or employee thereof who commits unlawful use of [statistical data] voter data, mailing labels or special voter lists is guilty of a fourth degree felony and upon conviction shall be fined one hundred dollars ($100) for each and every line of voter information [which] that was unlawfully used.

[D.] C. Each and every unlawful use of [statistical data] voter data, mailing labels or special voter lists constitutes a separate offense."

Section 22. Section 1-5-26 NMSA 1978 (being Laws 1975, Chapter 255, Section 80) is amended to read:

"1-5-26. CONTRACTUAL AGREEMENT REQUIRED WITH DATA PROCESSOR.--[A. Each county implementing the Automated Voter Records System Act] The secretary of state shall enter into a written contractual agreement with the data processor notwithstanding the fact that the data processor may be a department of [county, municipal or] state government. [Parties to the contractual agreement shall be the county, the county clerk and the data processor.

B. All contractual agreements shall be approved by the secretary of state, with the assistance of the automated voter records system advisory committee, before they are valid.

C. The secretary of state shall provide by regulation the contractual provisions necessary for approval.]"

Section 23. Section 1-5-30 NMSA 1978 (being Laws 1989, Chapter 298, Section 1) is amended to read:

"1-5-30. SECRETARY OF STATE--ESTABLISHMENT OF STATEWIDE COMPUTERIZED VOTER REGISTRATION SYSTEM.--

A. The secretary of state shall develop, implement, establish and supervise a statewide computerized voter registration system that complies with the federal Help America Vote Act of 2002 to facilitate voter registration and to provide a central database containing voter registration information for New Mexico.

B. The statewide computerized voter registration system shall:

(1) provide for the establishment and maintenance of a central database for all voter registration information;

(2) permit the offices of all county clerks to add, modify and delete county information from the system to provide for accurate and up-to-date records;

(3) permit the offices of the county clerks and the bureau of elections to have access to the central database for review and search capabilities;

(4) provide security and protection for all information in the central database and monitor the central database to ensure the prevention of unauthorized entry;

(5) provide procedures for entering data into the central database; and

(6) provide a centralized system for each county to [identify] enter the precinct to which a voter should be assigned for voting purposes [and

(7) prescribe a procedure for phasing in or converting existing computerized records generated and maintained pursuant to the Automated Voter Records System Act]."

Section 24. Section 1-5-31 NMSA 1978 (being Laws 1989, Chapter 298, Section 2) is amended to read:

"1-5-31. UNIFORM PROCEDURES FOR COUNTIES.--The secretary of state shall:

A. assist county clerks by devising uniform procedures and forms that are compatible with the statewide computerized voter registration system;

B. [develop and] provide to each county clerk the computer software necessary for the use and maintenance of the statewide computerized voter registration system; and

C. adopt such rules and regulations as are necessary to establish and administer the statewide computerized voter registration system and to require deadlines and time limits for the updating of voter files [and to provide for the update of voter files at each polling place for the next election]."

Section 25. Section 1-5-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 112, as amended) is recompiled as Section 1-12-7.1 NMSA 1978 and is amended to read:

"1-12-7.1. 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 precinct 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 precinct 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 precinct 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] the person's 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] the voter's usual signature or, if unable to write, to make [his] the voter's mark opposite [his] the voter's printed name. If the voter makes [his] the voter's 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] the voter 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] 1-12-7.2 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] the voter has properly signed [his] the voter's usual signature or made [his] the voter's 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 26. Section 1-12-12 NMSA 1978 (being Laws 1969, Chapter 240, Section 265, as amended) is amended to read:

"1-12-12. CONDUCT OF ELECTION--ELIGIBILITY FOR ASSISTANCE.--A voter may request assistance in voting only if the voter:

A. [he] is blind;

B. [he] is physically disabled;

C. [he] is unable to read or write; [or]

D. [he] is a member of a language minority who has an inability to read well enough to exercise the elective franchise; or

E. requires assistance in operating the voting system."

Section 27. Section 1-12-15 NMSA 1978 (being Laws 1969, Chapter 240, Section 267, as amended) is amended to read:

"1-12-15. CONDUCT OF ELECTION--PERSONS WHO MAY ASSIST VOTER.--

A. In any primary, general or statewide special election, if a voter who has requested assistance in marking [his] the ballot is blind, has a physical disability, has an inability to read or write or is a member of a language minority who has requested assistance pursuant to Subsection D of Section 1-12-12 NMSA 1978, [he] the voter may be accompanied into the voting machine only by a person of [his] the voter's own choice other than the voter's employer or an agent of that employer, an officer or agent of the voter's union or a candidate whose name appears on the ballot in this election.

B. The name of the person providing assistance to a voter pursuant to this section shall be recorded on the voter roster."

Section 28. Section 1-5-11 NMSA 1978 (being Laws 1969, Chapter 240, Section 113, as amended) is recompiled as Section 1-12-30.1 NMSA 1978 and is amended to read:

"1-12-30.1. VOTER LISTS--SIGNATURE ROSTERS--DISPOSITION AFTER THE POLLS CLOSE.--

A. After the polls are closed, the signature roster shall be properly certified by the precinct board and returned to the county clerk with the election returns destined for the county clerk. The precinct voter list marked for the secretary of state shall be returned to the secretary of state with the election returns destined for the secretary of state.

B. The signed and certified signature rosters used in any election shall be considered a part of the election returns and treated accordingly. They shall be preserved and finally disposed of in the same manner as provided in the Election Code [for poll books] and 42 U.S.C. 1974.

C. [The punishment for willful destruction, defacement, unauthorized alteration or improper disposition] Whoever willfully destroys, defaces, alters without authorization or improperly disposes of signature rosters used in an election [shall be the same as for similar treatment of poll books] is guilty of a fourth degree felony."

Section 29. Section 1-12-53 NMSA 1978 (being Laws 1977, Chapter 222, Section 56, as amended) is amended to read:

"1-12-53. EMERGENCY SITUATIONS--VOTERS--EMERGENCY PAPER BALLOT--GENERAL ELECTION--MARKING.--The voter in preparing an emergency paper ballot in a general election shall

[A. if he wishes to vote a straight party ticket, mark a cross (X) or a check (V) in the circle beneath the name of the party and his vote shall be considered as having been cast for every candidate named on the ticket of that party on the ballot, unless he also votes for one or more candidates in some other column or for some person whose name is not printed on the ballot;

B. if he marks a cross (X) or a check (V) in any circle and also desires to vote for a candidate of another political party (the ticket of which also appears on the ballot) or for any person by write-in, mark a cross (X) or a check (V) in the box immediately to the right of the name of the candidate or write in the name of the person for whom he desires to vote in the blank provided therefor and mark a cross (X) or a check (V) in the box immediately to the right thereof, and his vote shall be considered as having been cast for every candidate of the political party below the party name where he marked his cross (X) or a check (V) in the circle, except for the candidates for whom he has otherwise voted; or

C. if he wishes, mark the ballot by omitting the cross (X) or check (V) in the circle and marking a cross (X) or a check (V) in the box immediately to the right of the name of every candidate or person for whom he desires to vote, and his vote shall be considered as having been cast only for the candidate or person opposite whose name the cross or check has been marked] mark the ballot in accordance with the instructions for that ballot type."

Section 30. TEMPORARY PROVISION--RECOMPILATION.--Section 1-5-12 NMSA 1978 (being Laws 1969, Chapter 240, Section 114, as amended) is recompiled as Section 1-12-7.2 NMSA 1978.

Section 31. REPEAL.--Sections 1-5-9, 1-5-13, 1-5-15, 1-5-20, 1-5-27 through 1-5-29 and 1-6-21 NMSA 1978 (being Laws 1969, Chapter 240, Sections 111, 115 and 120, Laws 1977, Chapter 222, Section 11, Laws 1975, Chapter 255, Sections 81 through 83 and Laws 1975, Chapter 255, Section 93, as amended) are repealed.

Section 32. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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