SENATE BILL 81
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Howie C. Morales
AN ACT
RELATING TO ELECTIONS; ELIMINATING THE USE OF VOTERS' SOCIAL SECURITY NUMBERS ON CERTAIN ELECTION-RELATED DOCUMENTS; CHANGING CERTAIN ELECTION CODE TERMINOLOGY; CHANGING THE DEFINITION OF "REQUIRED VOTER IDENTIFICATION"; CHANGING REQUIREMENTS FOR CERTAIN ABSENTEE BALLOT MATERIALS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 1-1-24 NMSA 1978 (being Laws 2005, Chapter 270, Section 6) is amended to read:
"1-1-24. REQUIRED VOTER IDENTIFICATION.--As used in the Election Code, "required voter identification" means any of the following forms of identification as chosen by the voter:
A. a physical form of identification, which may be:
(1) an original or copy of a current and valid photo identification with or without an address, which address is not required to match the voter's certificate of registration [or a voter identification card]; or
(2) an original or copy of a 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 address of the person, the address of which is not required to match the voter's certificate of registration; or
B. a verbal or written statement by the voter of the voter's name, registration address and year of birth [and unique identifier]; provided, however, that the statement of the voter's name need not contain the voter's middle initial or suffix."
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 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 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 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] and by elections administrators [for purposes of the registration process] in their official capacity.
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 1-5-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 109, as amended) is amended to read:
"1-5-7. [PRECINCT VOTER LISTS] SIGNATURE ROSTERS AND CHECKLISTS OF VOTERS--CONTENTS.--
A. The [precinct voter lists and] signature [rosters] roster and checklist of voters for any precinct shall contain for each voter, as shown in the county register, the voter's:
(1) name;
(2) gender;
(3) place of residence;
[(4) last four digits of the voter's social security number;
(5)] (4) year of birth;
[(6)] (5) party affiliation, if any; and
[(7)] (6) precinct of residence.
B. In addition, the names on each [precinct voter list and] signature roster and checklist of voters shall be numbered consecutively beginning with the number "1".
C. On each page of each [precinct voter list and on each] signature roster and each checklist of voters there shall be printed the page number and the date and name of the election for which they are to be used."
Section 4. 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] ROSTER--CHECKLIST OF VOTERS--VOTER LIST--NUMBER--DISTRIBUTION.--
[A. One copy of the signature roster shall be prepared for each precinct. On the cover of 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.
B.] A. The county clerk shall prepare [three copies of the precinct voter list] and certify the accuracy of one signature roster and one checklist of voters for each precinct. [Of the three copies prepared, one copy shall not include the voters' unique identifiers. The other two shall contain the voters' unique identifiers.] The county clerk shall deliver [two of the copies] such roster and checklist to each precinct board. [One copy of the precinct 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.] The voter shall sign the signature roster before receiving a ballot. The precinct board member shall mark the checklist of voters to verify the voters on the list who have voted.
B. The county clerk shall prepare an alphabetical listing of voters in each precinct, which will be delivered to each precinct board and posted inside the polling place for public use.
C. After the polls have closed, the presiding judge shall deliver the signed signature roster to the county clerk and mail the checklist of voters to the secretary of state."
Section 5. 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 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, registration address and 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 federal qualified elector or an overseas voter shall be accepted at any time preceding the general election."
Section 6. Section 1-6-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 134, as amended) is amended to read:
"1-6-8. ABSENTEE BALLOT ENVELOPES.--
A. The secretary of state shall prescribe the form of, procure and distribute to each county clerk a supply of:
(1) official inner envelopes for use in sealing the completed absentee ballot;
(2) official mailing envelopes for use in returning the official inner envelope to the county clerk; provided the official mailing envelope for absentee ballots in a general election shall contain no designation of party affiliation;
(3) absentee ballot instructions, describing proper methods for completion of the ballot and returning it; and
(4) official transmittal envelopes for use by the county clerk in mailing absentee ballot materials.
B. Official transmittal envelopes and official mailing envelopes for transmission of absentee ballot materials to and from the county clerk and federal qualified electors shall be printed [in red] in the form prescribed by the federal Uniformed and Overseas Citizens Absentee Voting Act. Official transmittal envelopes and official mailing envelopes for transmission of absentee ballot materials to and from the county clerk and voters shall be printed in black in substantially similar form. All official inner envelopes shall be printed in black.
C. The reverse of each official mailing envelope shall contain a form to be executed by the voter completing the absentee ballot. The form shall identify the voter and shall contain the following statement: "I will not vote in this election other than by the enclosed ballot. I will not receive or offer any compensation or reward for giving or withholding any vote.".
D. The official mailing envelope shall contain a space for the voter to record the voter's [unique identifier] name, registration address and year of birth [and name]. The envelope shall have a security flap to cover this information."
Section 7. Section 1-6-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 135, as amended) is amended to read:
"1-6-9. MANNER OF VOTING.--
A. A person voting pursuant to the Absent Voter Act shall secretly mark the absentee ballot in the manner provided in the Election Code for marking [emergency] paper ballots, place it in the official inner envelope and securely seal the envelope. The voter shall then place the official inner envelope inside the official mailing envelope and securely seal the envelope. The voter shall then complete the form on the reverse of the official mailing envelope, which shall include an affirmation by the voter under penalty of perjury that the facts stated in the form are true and the voter's name, registration address and year of birth [and unique identifier].
B. Federal qualified electors and overseas voters shall either deliver or mail the official mailing envelope or electronically transmit the absentee ballot to the county clerk of their county of residence or deliver it to a person designated by federal authority to receive executed ballots for transmission to the county clerk of the county of residence or former residence as the case may be. Voters shall either deliver or mail the official mailing envelope to the county clerk of their county of residence."
Section 8. Section 1-12-7.1 NMSA 1978 (being Laws 1969, Chapter 240, Section 112, as amended) is amended to read:
"1-12-7.1. VOTER LISTS--SIGNATURE ROSTERS--CHECKLIST OF VOTERS--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] an alphabetical list of voters for use of the voters prior to voting. The posted copy shall not contain a listing of voter addresses, years of birth, unique identifiers or 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] checklist of voters, 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] checklist of voters 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 the person's name on the [precinct voter list] checklist of voters and the voter provides the required voter identification, the judge shall announce to the election clerks the list number and the name of the voter as shown on the [precinct voter list] checklist of voters. If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional ballot and shall provide the required voter identification to the county clerk's office before the county canvass begins, or to the precinct board before the polls close, or the voter's provisional ballot shall not be qualified. If the required voter identification is provided, the voter's provisional ballot shall be qualified and the voter shall not vote on any other type of ballot.
E. The election clerk shall locate that list number and name on the signature roster and shall require the voter to sign the voter's usual signature or, if unable to write, to make the voter's mark opposite the voter's printed name. If the voter makes 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 physical form of identification before voting, the election judge shall ask the voter for the required physical form of identification. If the voter does not provide the required identification, the voter shall be allowed to vote on a provisional paper ballot; provided, however, that if the voter brings the required physical form of identification to the polling place after casting a provisional ballot, that ballot shall be qualified and the voter shall not vote on any other type of ballot.
F. The election judge shall follow the procedures provided for in Sections 1-12-7.2 and 1-12-8 NMSA 1978 if a person whose name does not appear on the signature roster 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 the voter has properly signed the voter's usual signature or made the voter's mark in the signature roster.
H. After the poll is closed, the election clerk in charge of [a] the 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 9. Section 1-12-25.3 NMSA 1978 (being Laws 2003, Chapter 356, Section 6, as amended) is amended to read:
"1-12-25.3. PROVISIONAL PAPER BALLOTS--REQUIRED INFORMATION.--
A. At a minimum, the following information shall be printed on the outer envelope for a provisional paper ballot:
(1) the name and signature of the voter;
(2) the voter's registered address, both present and former if applicable;
(3) the voter's date of birth;
(4) the reason for using the ballot;
(5) the precinct and the polling place at which the voter has voted; and
[(6) the voter's social security number; and
(7)] (6) sufficient space to list the disposition of the ballot after review by the county clerk.
B. A provisional paper ballot shall not be rejected for lack of the information required by this section and shall be qualified as long as the voter provides a valid signature and sufficient information for the clerk to determine the voter is a qualified elector."
Section 10. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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