HOUSE FLOOR SUBSTITUTE FOR

HOUSE BILL 419

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

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR PROVISIONS TO ALLOW A VOTER TO REQUEST THAT AN ABSENTEE BALLOT APPLICATION BE SENT TO THE VOTER AUTOMATICALLY FOR ALL ELECTIONS HELD PURSUANT TO THE ELECTION CODE.

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 ABSENTEE BALLOT APPLICATION LIST.--

          A. A voter may request to be included on a permanent list of voters to receive an absentee ballot application for all elections held pursuant to the Election Code. The county clerk of each county shall maintain a permanent absentee ballot application list.

          B. In order to be included on the permanent absentee ballot application list, the voter shall make a written request specifically requesting that the voter's name be added to the permanent absentee ballot application list for all elections conducted pursuant to the Election Code in which the applicant is eligible to vote.           C. At least forty-five days before an election, the county clerk shall send each voter on the permanent absentee ballot application list an absentee ballot application.

          D. After a voter has requested to be included on the permanent absentee ballot application list, the voter shall be sent an absentee ballot application by mail automatically for any election at which that 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 absentee ballot application 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 absentee ballot application sent by the county clerk is returned undeliverable.

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

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