HOUSE BILL 487

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

INTRODUCED BY

Nathan P. Cote

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR THE ELECTRONIC TRANSMITTAL OF ABSENTEE BALLOTS FOR FEDERAL QUALIFIED ELECTORS AND OVERSEAS VOTERS.

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

     Section 1. 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--ALTERNATE DELIVERY METHODS.--

          A. Except as provided in Subsection B of this section or Section 1-6-5.7 NMSA 1978, 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 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. Voters shall either deliver or mail the official mailing envelope to the county clerk of their county of residence.

          B. Federal qualified electors and overseas voters shall either deliver or mail the official mailing envelope or, in accordance with Subsection C of this section, 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.]

          C. A federal qualified elector or overseas voter may return an absentee ballot by electronic transmission if:

                (1) the voter signs a statement under penalty of perjury waiving the right of secrecy of the voter's ballot;

                (2) the voter transmits the statement with the absentee ballot; and

                (3) the transmission of the absentee ballot and statement are received by the county clerk no later than 7:00 p.m. on election day."

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