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AN ACT

RELATING TO ELECTIONS; PROVIDING FOR PRECINCT BOARD TRAINING

MANUALS; CHANGING REGISTRATION PROCEDURES AND REQUIREMENTS;

ELIMINATING PROVISIONS FOR ELECTRONIC TRANSMISSION OF ABSENTEE

BALLOTS; CLARIFYING WHEN THE ABSENT VOTER PRECINCT POLLING

PLACES MAY BE OPEN; CHANGING REQUIREMENTS FOR DISTRIBUTION OF

VOTER INFORMATION; REQUIRING REPORTING OF FAILED REGISTRATIONS

FOR DISTRIBUTION OF INVESTIGATION OR PROSECUTION; REQUIRING

APPEALS OF COUNTY CLERK DECISIONS CONCERNING THE COUNTING OF

THE VOTER'S PROVISIONAL BALLOT; REQUIRING THIRD-PARTY

REGISTRATION ORGANIZATIONS TO REGISTER WITH THE STATE;

CHANGING THE FILING DATE FOR MINOR PARTY CANDIDATES; CHANGING

PROVISIONS FOR RECOUNT AND RECHECK COSTS; PROVIDING FOR

HANDLING OF ABSENTEE BALLOTS; PROVIDING PRECINCT REPORTING

PROCEDURES; PROVIDING PENALTIES; AMENDING, REPEALING AND

ENACTING SECTIONS 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:

"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 on election night.

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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. The

county clerk shall report this data to the secretary of state

within sixty days following the election, and to no other

person. The secretary of state shall then combine the data

within a precinct to the extent necessary to protect the

secrecy of each voter's ballot in accordance with rules issued

by the secretary of state before the data as processed becomes

a public record."

Section 2. Section 1-2-4 NMSA 1978 (being Laws 1969,

Chapter 240, Section 25, as amended) is amended to read:

"1-2-4. SECRETARY OF STATE--TRAINING AND INSTRUCTIONS

TO PRECINCT BOARDS--TRAINING MANUAL.--

A. The secretary of state shall provide:

(1) instructions for the precinct board,

which shall include a brief nontechnical explanation of its

duties as required by the Election Code; and

(2) a single training manual containing

standard guidelines for the operations and processes of

statewide elections, including pre-election day activities,

election-day activities and post-election-day activities.

Separate manuals for voting systems may be provided for each

county, or if the single training manual is in a looseleaf

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binder format, sections for the voting systems used in a given

county may be inserted in the training manual for that county.

B. When any specific duty is imposed by the

instructions issued under the Election Code, the duty shall be

deemed to be a requirement of the law."

Section 3. 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 qualified

elector shall be given a receipt that shall contain:

(1) a number traceable to the registration

agent or officer;

(2) a statement informing the qualified

elector that if the qualified elector does not receive

confirmation of the qualified elector's registration within

fifteen days of the receipt date, the qualified elector should

contact the office of the county clerk in the county where the

qualified elector resides; and

(3) a toll-free number for the office of the

county clerk and an address for the web site of the secretary

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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

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qualified elector's date of birth or any portion of the

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

process.

F. A person who unlawfully copies, conveys or uses

information from a certificate of registration is guilty of a

fourth degree felony."

Section 4. 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, in the office of the secretary of state or county

clerk or with a registration agent or officer.

B. A person may request certificate of

registration forms from the secretary of state or any county

clerk in person, by telephone or by mail for that person or

for other persons.

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

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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 physical residence 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 the

county clerk's signature or stamp and the date of acceptance

thereon and when notice has been received by the registrant

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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.";

(4) a statement informing the applicant

that:

(a) if the form is submitted by mail by

the applicant and the applicant is registering for the first

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time in New Mexico, the applicant must submit with the form a

copy of: 1) a current and valid photo identification; or 2) a

current utility bill, bank statement, government check,

paycheck, student identification card or other government

document, including identification issued by an Indian nation,

tribe or pueblo, that shows the name and current address of

the applicant; and

(b) if the applicant does not submit

the required identification, the applicant will be required to

do so when voting in person or absentee; and

(5) a statement requiring the applicant to

swear or affirm that the information supplied by the applicant

is true."

Section 5. 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 mailing address along with a

description, such as a map or the latitude and longitude,

indicating where the qualified elector resides. The qualified

elector shall be assigned to a precinct based on the

geographic description of where the qualified elector resides.

B. The secretary of state shall issue rules

regarding acceptable forms of non-physical addresses."

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Section 6. 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, the qualified elector's name and the

date the certificate was accepted for filing in the county

registration records. Voter information shall be handed or

mailed immediately to the qualified elector and to no other

person.

B. If the qualified elector is already registered

in the county as shown by 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. If the

applicant's certificate of registration is rejected for any

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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 applicant with an explanation why

the new certificate of registration was rejected and what

remedial action, if any, the applicant must take to bring the

registration up to date or into compliance with the Election

Code.

C. If the qualified elector does not register in

person, indicates that 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 qualified elector's certificate of registration and the

county clerk shall note this on the appropriate precinct

signature roster."

Section 7. 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 of the officers of the

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organization and the name and permanent address of the

organization;

(2) the names, permanent addresses,

temporary addresses, if any, and dates of birth 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 state and

federal registration forms used by their registration agents.

D. A person who intentionally violates the

provisions of this section is guilty of a petty misdemeanor

and the person's third-party registration agent status shall

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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 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 8. 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

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government to the county clerk of the county of the

applicant's residence. The form shall allow the applicant to

receive an absentee ballot for all elections within an

election cycle.

B. Application by a voter for an absentee ballot

shall be made only on a form prescribed by the secretary of

state in accordance with federal law. The form shall identify

the applicant and contain information to establish the

applicant's 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.

C. Each application for an absentee ballot shall

be subscribed by the applicant and shall require the

applicant's printed name, year of birth and unique identifier

to be supplied by the applicant, which shall constitute the

required form of identification, except for new registrants

who have registered by mail and at that time did not provide

acceptable identification. The secretary of state shall issue

rules to exempt voters from submitting identification only as

required by federal law and shall review and, if necessary,

update these rules no later than March 15 of even-numbered

years.

D. An application for an absentee ballot by a

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federal qualified elector or an overseas voter shall be

accepted at any time preceding the general election."

Section 9. Section 1-6-5 NMSA 1978 (being Laws 1969,

Chapter 240, Section 131, as amended) is amended to read:

"1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT.--

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 does not have a valid

certificate of registration on file in the county and is not a

federal qualified elector or if the applicant states that the

applicant is a federal qualified elector but the application

indicates the applicant 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 in writing each

applicant of the fact of acceptance or rejection of the

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

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applicant is a voter who is a new registrant and who

registered by mail without submitting the required voter

identification, the county clerk shall notify the voter that

the voter must submit with the absentee ballot the required

physical form of identification. 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 other than a federal qualified elector or overseas

voter, the county clerk shall mark the application "accepted"

and, beginning twenty-eight days before the election, 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. If the county

clerk finds that the applicant is a federal qualified elector

or overseas voter, the county clerk shall mark the application

"accepted" and beginning forty-five days before the election,

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

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registration of any such voter. An absent voter shall not be

permitted to change 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 the clerk's 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 is unlawful to solicit votes, display or

otherwise make accessible any posters, signs or other forms of

campaign literature whatsoever in the clerk's office or

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alternate voting location. Absentee ballots may be marked in

person at the county clerk's office during the regular hours

and days of business beginning on the twenty-eighth day

preceding the election and from 10:00 a.m. to 6:00 p.m. on the

Saturday immediately prior to the date of the election. In

marking the absentee ballot, the voter, pursuant to the

provisions of Section 1-12-15 NMSA 1978, may be assisted by

one person of the voter's choice.

G. Absentee ballots shall be sent to applicants

not later than on the Friday immediately prior to the date of

the election.

H. An absentee ballot shall not be delivered or

mailed by the county clerk to any person other than the

applicant for such ballot.

I. 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; provided,

however, that notice is provided at least ten days before

early voting begins.

J. The secretary of state shall establish

procedures for the submittal, when required by federal law, of

required voter identification with mailed-in absentee

ballots."

Section 10. Section 1-6-10 NMSA 1978 (being Laws 1969,

Chapter 240, Section 136, as amended) is amended to read:

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"1-6-10. RECEIPT OF ABSENTEE BALLOTS BY CLERK.--

A. The county clerk shall mark on each completed

official mailing envelope the date and time of receipt in the

clerk's office, record this information in the absentee ballot

register and safely keep the official mailing envelope

unopened in a locked and number-sealed ballot box until it is

delivered to the proper absent voter precinct board or until

it is canceled and destroyed in accordance with law.

B. The county clerk shall accept completed

official mailing envelopes until 7:00 p.m. on election day and

the county clerk or absent voter precinct board shall accept

completed official mailing envelopes from precincts within the

county of the voters who turned in their absentee ballots at

their precinct by the close of polls on election day. Any

completed official mailing envelope received after that time

shall not be delivered to a precinct board but shall be

preserved by the county clerk until the time for election

contests has expired. In the absence of a restraining order

after expiration of the time for election contests, the county

clerk shall destroy all late official mailing envelopes

without opening or permitting the contents to be examined,

cast, counted or canvassed. Before their destruction, the

county clerk shall count the numbers of late ballots from

voters, federal voters, overseas citizen voters and federal

qualified electors and report the number from each category to

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the secretary of state.

C. At 5:00 p.m. on the Monday immediately

preceding the date of election, the county clerk shall record

the numbers of the unused absentee ballots and shall publicly

destroy in the county clerk's office all such unused ballots.

The county clerk shall execute a certificate of destruction,

which shall include the numbers on the absentee ballots

destroyed. A copy of the certificate of destruction shall be

sent to the secretary of state."

Section 11. 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

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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 clerks shall enter the

absent voter's name and residence address as shown on the

official mailing envelope in the signature rosters and shall

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mark the notation "AB" opposite the voter's name in the

"Notations" column of the signature rosters; and

(2) only between 8:00 a.m. and 5:00 p.m. on

the five days preceding election day, including Saturday and

Sunday, and beginning at 7:00 a.m. on election day, under the

personal supervision of the presiding election judge, shall

the election judges open the official mailing envelope and the

official inner envelope and insert the enclosed ballot into an

electronic voting machine to be registered and retained until

votes are counted and canvassed following the closing of the

polls on election night.

E. 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 in

accordance with Section 1-6-23 NMSA 1978, and the results of

the election shall be certified as prescribed by the secretary

of state.

H. 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."

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Section 12. Section 1-6-23 NMSA 1978 (being Laws 1975,

Chapter 255, Section 95, as amended) is amended to read:

"1-6-23. ABSENT VOTER PRECINCT POLLING PLACE--HOURS ON

ELECTION DAY AND SUBSEQUENT DAYS.--The county clerk or

statutorily appointed supervisor of the election shall

determine the hours between 8:00 a.m. and 5:00 p.m. during

which the absent voter precinct polling place shall be open

for delivery and registering of absentee ballots on the five

days preceding election day and the hours during which the

absent voter precinct polling place shall be open for the

delivery, registering and counting of ballots on election day

and subsequent days until all ballots are counted; provided

that the absent voter precinct polling place opens at 7:00

a.m. on election day."

Section 13. 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 of a minor political party require

nomination by political convention:

(1) the chair 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

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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 chair 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 twenty-first 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 twenty-first day following the primary

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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.

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.

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 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 14. Section 1-11-12.1 NMSA 1978 (being Laws

2005, Chapter 270, Section 9) is amended to read:

"1-11-12.1. VOTER INFORMATION--DISTRIBUTION.--

A. Between sixty and seventy-five days before each

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general election, the secretary of state shall send to each

active registered voter in each county voter information

indicating the voter's name, address and voting precinct and

the name of the current county clerk in that county; provided,

however, that a registrant shall still be sent voter

information upon filing of the registrant's certificate of

registration with the county clerk as provided in Section

1-4-12 NMSA 1978.

B. The secretary of state shall promulgate rules

to ensure that all registered voters receive voter

information."

Section 15. Section 1-12-8.1 NMSA 1978 (being Laws

2005, Chapter 270, Section 62) is amended to read:

"1-12-8.1. CONDUCT OF ELECTION--USE OF VOTER'S RECEIPT

OF CERTIFICATE OF REGISTRATION--PROCEDURES.--If a voter whose

name is not in the signature roster presents the voter's

receipt of the voter's certificate of registration, the voter

shall be allowed to vote on a provisional ballot in the proper

precinct in accordance with the provisions of Section 1-12-7.1

NMSA 1978. The election judge shall inform the voter that the

voter will be notified by the county clerk to provide a copy

of the receipt of the certificate of registration to the

county clerk if the original certificate is not located. A

note shall be entered on the signature roster indicating that

the voter's certificate of registration should be checked by

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the county clerk. For the purposes of investigation or

prosecution, the county clerk shall provide the district

attorney and the secretary of state with the person's name and

address and the corresponding receipt number of the person's

certificate of registration for each person whose certificate

of registration is not located."

Section 16. Section 1-12-8.2 NMSA 1978 (being Laws

2005, Chapter 270, Section 60) is amended to read:

"1-12-8.2. CONDUCT OF ELECTION--ELECTION DAY DELIVERY

OF ABSENTEE BALLOT BY VOTER--PROCEDURES.--

A. A voter who requested and received an absentee

ballot shall be allowed to deliver the official mailing

envelope containing the voter's absentee ballot on election

day to the precinct in which the voter is registered if the

voter presents the official mailing envelope to the election

judge before the polls close on election day.

B. The election judge shall note on the signature

roster that the voter delivered the absentee ballot in person

on election day. The precinct board shall deliver the

unopened official mailing envelopes to the absent voter

precinct board or county clerk before midnight on election

day."

Section 17. Section 1-12-25.2 NMSA 1978 (being Laws

2003, Chapter 356, Section 3, as amended) is amended to read:

"1-12-25.2. CONDUCT OF ELECTION--PROVISIONAL VOTING--

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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 and how to appeal the decision pursuant to rules

issued by the secretary of state. Access to information about

an individual voter's provisional ballot is restricted to the

voter who cast the ballot.

C. Beginning with the closing of the polls on

election day through the tenth day following the election, the

county clerk shall notify by mail each person whose

provisional ballot was not counted of the reason the ballot

was not counted. The voter shall have until the Friday prior

to the meeting of the state canvassing board to appeal to the

county clerk a decision to reject the voter's ballot."

Section 18. 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.--

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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 sufficient

cash, or a sufficient surety bond, to cover the cost of a

recount 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 sufficient cash, or a

sufficient surety bond, to cover the cost of the recheck for

each voting machine to be rechecked. The state canvassing

board shall determine the estimated actual cost of a recount

per precinct and a recheck per voting machine no later than

March 15 of even-numbered years. The secretary of state shall

post the recount and recheck cost determinations on the

secretary of state's web site when the state canvassing board

issues its cost determinations.

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.

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

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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 19. Section 1-14-22 NMSA 1978 (being Laws 2005,

Chapter 270, Section 76) is amended to read:

"1-14-22. CONTESTS AND RECOUNTS--PROVISIONAL, ABSENTEE

AND OTHER PAPER BALLOTS.--The secretary of state shall issue

rules governing and allowing procedures for reviewing the

qualification of provisional ballot envelopes, absentee and

other paper ballots in the case of a contest or recount of

election results. All rejected provisional paper ballot

envelopes shall be included in any contest or recount of

election results, and a review of the qualification of

provisional ballot envelopes shall occur in a recount."

Section 20. REPEAL.--Section 1-6-10.2 NMSA 1978 (being

Laws 2003, Chapter 378, Section 1) is repealed.

Section 21. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.

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