HOUSE BILL 191

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Al Park

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR PROVISIONS TO ALLOW A VOTER TO REQUEST THAT AN ABSENTEE BALLOT BE SENT TO THE VOTER AUTOMATICALLY FOR ALL STATE ELECTIONS.

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] ABSENTEE BALLOT APPLICATION--PERMANENT EARLY VOTING LIST.--

          A. A voter may request to be included on a permanent list of voters to receive an absentee ballot for all state primary, special and general elections. The county clerk of each county shall maintain a permanent early voting list.

          B. In order to be included on the permanent early voting list, the voter shall make a written request specifically requesting that the voter's name be added to the permanent early voting list for all state primary, special and general elections in which the applicant is eligible to vote. The application shall allow for the voter to provide the voter's name, residence address, mailing address in the voter's county of residence, date of birth and signature. The voter shall not list a mailing address that is outside of the voter's county of residence for the purpose of the permanent early voting list unless the voter is an absent uniformed services voter or overseas voter.

          C. On receipt of a request to be included on the permanent early voting list, the county clerk shall compare the signature on the request form with the voter's signature on the voter's registration form and, if the request is from the voter, shall mark the voter's registration file as a permanent absentee ballot request.

          D. Not less than ninety days before a primary election and ninety days before a general election, the county clerk shall mail to all voters who are eligible for that election and who are included on the permanent early voting list an election notice by nonforwardable mail that is marked with the statement required by the postmaster to receive an address correction notification. The notice shall include the dates of the elections that are the subject of the notice, the dates that the voter's ballot is expected to be mailed and the address where the ballot will be mailed. The notice shall be delivered with return postage prepaid and shall also include a means for the voter to do any of the following:

                (1) change the mailing address for the voter's ballot to another location in the voter's county of residence;

                (2) update the voter's residence address in the voter's county of residence; or

                (3) request that the voter not be sent a ballot for the upcoming election or elections indicated on the notice.

          E. If the notice that is mailed to the voter is returned undeliverable by the postal service, the county recorder or other officer in charge of elections shall take the necessary steps to contact the voter at the voter's new residence address in order to update that voter's address or to move the voter to inactive status. If a voter is moved to inactive status, the voter shall be removed from the permanent early voting list. If the voter is removed from the permanent early voting list, the voter shall only be added to the permanent early voting list again if the voter submits a new request pursuant to this section.

          F. Not later than on the first day of absentee voting, the county clerk shall mail an absentee ballot to all eligible voters included on the permanent early voting list. If the voter has not returned the notice or otherwise notified the election officer within forty-five days before the election that the voter does not wish to receive an early ballot by mail for the election or elections indicated, the ballot shall automatically be scheduled for mailing.

          G. After a voter has requested to be included on the permanent early voting list, the voter shall be sent an early ballot by mail automatically for any election at which a voter at that residence address is eligible to vote until any of the following occurs:

                (1) the voter requests in writing to be removed from the permanent early ballot list;

                (2) the voter's registration or eligibility for registration is moved to inactive status or canceled as otherwise provided by law; or

                (3) the notice sent by the county clerk is returned undeliverable and the county clerk is unable to contact the voter to determine the voter's continued desire to remain on the list.

          H. A voter's failure to vote an absentee ballot once received does not constitute grounds to remove the voter from the permanent early voting list."

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