House Bill text for HB0453

HOUSE BILL 453

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Mary Helen Garcia

FOR THE ELECTION REFORM TASK FORCE

AN ACT

RELATING TO ELECTIONS; ESTABLISHING PRECINCT REPORTING REQUIREMENTS; CHANGING VOTER REGISTRATION PROCEDURES; REQUIRING THIRD-PARTY REGISTRATION ORGANIZATIONS TO REGISTER WITH THE STATE; CHANGING THE FILING DATE FOR MINOR PARTY CANDIDATES; CHANGING PROVISIONS ON DEPOSITS FOR COSTS OF RECOUNTS AND RECHECKS; PROVIDING PENALTIES; REPEALING PROVISIONS OF THE ELECTION CODE; DECLARING AN EMERGENCY.

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

Section 1. A new section of the Election Code is enacted to read:

"[NEW MATERIAL] REPORTING OF VOTE TOTALS BY PRECINCT--VOTING DATA MAINTAINED BY PRECINCT.--

A. The county clerk shall report to the secretary of state the vote totals in each precinct for each candidate and ballot question to the extent that the county clerk can do so without compromising the secrecy of a voter's ballot.

B. The county clerk shall maintain voting data by precinct that includes the number of voters who voted early in-person, absentee by mail and on election day and the number of voters who voted using each type of voting system; provided that the county clerk may combine data in accordance with rules promulgated by the secretary of state to protect the secrecy of each voter's ballot. The county clerk shall not be required to report the data required by this subsection until at least sixty days after the election."

Section 2. 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 or agent for registration.

B. The registration officer or agent or qualified elector shall fill out each of the blanks on the certificate of registration by typing or printing in ink. The [voter] qualified elector shall be given a receipt [for the original, and the registration agent shall receive a copy that omits the voter's social security number and date of birth and which] that shall contain:

(1) a number traceable to the registration agent or officer; and

(2) a statement informing the qualified elector that if the qualified elector does not receive confirmation of the qualified elector's registration within twenty days of the receipt date, that the qualified elector should contact the office of the county clerk in the county where the qualified elector resides or the office of the secretary of state.

C. The qualified elector shall subscribe a certificate of registration as follows:

(1) by signing the certificate of registration using 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 or agent and the name of the qualified elector so registering shall be subscribed by the making of the qualified elector's mark.

D. When properly executed by the registration agent or officer, or qualified elector, the original of the certificate of registration shall be presented, either in person or by mail by the qualified elector or by the registration agent or 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 the county 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 the [voter's] qualified elector's date of birth or any portion of the [voter's] qualified elector's social security number 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 and voting process.

F. A person who unlawfully copies, conveys or uses information from a certificate of registration is guilty of a fourth degree felony."

Section 3. Section 1-4-5.3 NMSA 1978 (being Laws 2005, Chapter 270, Section 18) is amended to read:

"1-4-5.3. REGISTRATION--LACK OF PHYSICAL ADDRESS.--

A. If a qualified elector resides in an area lacking a specific physical address, the qualified elector shall be allowed to substitute a map or give a description and, if available, a mailing address or the latitude and longitude from a geographical information system, indicating where the qualified elector resides for a physical address [and register to vote]. The [voter] qualified elector shall be assigned to a precinct based on the geographic description of where the [voter] qualified elector resides.

B. As used in this section, "geographical information system" means a system that stores and analyzes geographic data that can be used to display and map addresses and locations."

Section 4. 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] the qualified elector's name and the date the certificate was accepted for filing in the county registration records. A voter identification card shall be handed or mailed as soon as practical to the [voter] qualified elector and to no other person.

B. If the qualified elector is already registered in the county as shown by [his] the qualified elector's 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] If the applicant's certificate of registration is rejected for any reason, the county clerk shall stamp or write the word "rejected" on the new certificate of registration and hand or mail it, if possible, to the [voter] applicant with an explanation why the new certificate of registration was rejected and what remedial action, if any, the [voter] applicant must take to bring [his] the registration up to date or into compliance with the Election Code.

C. If the qualified elector does not register in person, indicates that [he] the qualified elector 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] qualified elector's certificate of registration and the county clerk shall note this on the appropriate precinct signature roster.

D. If the qualified elector substitutes latitude and longitude from a geographical information system for a physical address pursuant to Section 1-4-5.3 NMSA 1978, the county clerk shall use a mail service, if available, that has geographical information system delivery capability to deliver the voter identification card or certificate of registration."

Section 5. Section 1-4-49 NMSA 1978 (being Laws 2005, Chapter 270, Section 17) is amended to read:

"1-4-49. 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 register and provide the secretary of state with:

(1) the names and addresses of the officers of the organization and 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 or mail a certificate of registration to the secretary of state or county clerk within forty-eight hours of its completion by the person registering to vote or deliver it the next business day if the appropriate office is closed for that forty-eight-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 [willfully] violates the provisions of this section is guilty of a petty misdemeanor and [shall have his] the person's third-party registration agent status shall be revoked. If the person who violates a provision of this section is an employee of an organization and has decision-making authority involving the organization's voter registration activities or is an officer of the organization, that organization shall be subject to civil penalties as described in Subsection E of this section.

E. If the secretary of state reasonably believes that a person committed, or is about to commit, a violation of the provisions of this section, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement. The attorney general or district attorney may institute a civil action in district court for a violation of the provisions of this section or to prevent a violation of the provisions of this section. An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of two hundred fifty dollars ($250) for each violation, not to exceed five thousand dollars ($5,000)."

Section 6. Section 1-8-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 152, as amended) is amended to read:

"1-8-2. NOMINATION BY MINOR POLITICAL PARTY-- CONVENTION-DESIGNATED NOMINEES.--

A. If the rules [and regulations] of a minor political party require nomination by political convention:

(1) the chairman and secretary of the state political convention shall certify to the secretary of state the names of their party's nominees for United States senator, United States representative, all elective state offices, legislative offices elected from multicounty districts, the public regulation commission, all elective judicial officers in the judicial department and all offices representing a district composed of more than one county; and

(2) the chairman and secretary of the county political convention shall certify to the county clerk the names of their party's nominees for elected county offices and for legislative offices elected from a district located wholly within one county or that is composed of only one county.

B. The names certified to the secretary of state shall be filed on the [second Tuesday in July] day following the primary election in the year of the general election and shall be accompanied by a petition containing a list of signatures and addresses of voters totaling not less than one percent of the total number of votes cast at the last preceding general election for the office of governor or president of the United States, as the case may be:

(1) in the state for statewide offices; and

(2) in the district for offices other than statewide offices.

The petition shall contain a statement that the voters signing the petition are residents of the state, district, county or area to be represented by the office for which the person being nominated is a candidate.

C. The names certified to the county clerk shall be filed on the [second Tuesday in July] day following the primary election in the year of the general election and shall be accompanied by a petition containing a list of signatures and addresses of voters totaling not less than one percent of the total number of votes cast at the last preceding general election for the office of governor or president of the United States, as the case may be:

(1) in the county for countywide offices; and

(2) in the district for offices other than countywide offices.

D. Persons certified as nominees shall be members of that party before the day the governor issues the primary election proclamation.

E. No voter shall sign [any] a petition prescribed by this section for more persons than the number of minor party candidates necessary to fill the office at the next ensuing general election."

Section 7. Section 1-14-15 NMSA 1978 (being Laws 1978, Chapter 48, Section 1, as amended) is amended to read:

"1-14-15. RECOUNTS--RECHECKS--COST OF PROCEEDINGS.--

A. An applicant for a recount shall deposit with the proper canvassing board or, in the case of an office for which the state canvassing board issues a certificate of nomination or election, with the secretary of state fifty dollars ($50.00) in cash, or a sufficient surety bond in an amount equal to fifty dollars ($50.00), for each precinct for which a recount is demanded. An applicant for a recheck shall deposit with the proper canvassing board or, in the case of an office for which the state canvassing board issues a certificate of nomination or election, with the secretary of state ten dollars ($10.00) in cash, or a sufficient surety bond in an amount equal to ten dollars ($10.00), for each voting machine to be rechecked.

B. The deposit or surety bond shall be security for the payment of the costs and expenses of the recount or recheck in case the results of the recount or recheck are not sufficient to change the results of the election. [The state canvassing board may condition the issuance of the summons on a receipt of a portion of or the full estimated costs of the recount or recheck to ensure sufficient security.]

C. If it appears that error or fraud sufficient to change the winner of the election has been committed, the costs and expenses of the recount or recheck shall be paid by the state upon warrant issued by the secretary of finance and administration supported by a voucher of the secretary of state, or shall be paid by the county upon warrant of the county clerk from the general fund of the county, as the case may be.

D. If no error or fraud appears to be sufficient to change the winner, the costs and expenses for the recount or recheck shall be paid by the applicant. Costs shall consist of any docket fees, mileage of the sheriff in serving summons and fees and mileage of precinct board members, at the same rates allowed witnesses in civil actions. If error or fraud has been committed by a precinct board, the board members shall not be entitled to such mileage or fees."

Section 8. REPEAL.--Section 1-6-10.2 NMSA 1978 (being Laws 2003, Chapter 378, Section 1) is repealed.

Section 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 13 -