HOUSE BILL 390

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

James Roger Madalena

AN ACT

RELATING TO ELECTIONS; PROVIDING ALTERNATIVE MEANS FOR THE REMOVAL OF NAMES OF DECEASED NATIVE AMERICANS FROM VOTER POLLS.

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

     Section 1. Section 1-4-25 NMSA 1978 (being Laws 1969, Chapter 240, Section 81, as amended) is amended to read:

     "1-4-25. CANCELLATION OF REGISTRATION--DETERMINATION OF DEATH.--

          A. For purposes of cancellation of registration, the death of a voter shall be ascertained by obituary notices or probate records or by comparison of registration records with monthly certified lists of deceased residents filed with the secretary of state.

          B. The state registrar of vital statistics shall file monthly with the secretary of state certified lists of deceased residents over the age of eighteen years, sorted by county, regardless of the place of death.

          C. The monthly certified list of deceased residents shall show the:

                (1) name;

                (2) age;

                (3) sex;

                (4) marital status;

                (5) birth place;

                (6) birth date;

                (7) social security number, if any;

                (8) address; and

                (9) place and date of death of the deceased resident.

          D. The secretary of state shall, upon receipt of the monthly certified list of deceased residents, forward each county's list to the county clerk.

          E. The county clerk shall, upon receipt of the monthly certified list of deceased residents, cancel any deceased resident's certificate of registration.

          F. Upon receipt of a notarized document from the president or governor of an Indian nation, tribe or pueblo or from a tribal enrollment clerk indicating that a tribal member is deceased, the county clerk shall cancel the certification of registration of that deceased tribal member."