HOUSE BILL 238

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Jose A. Campos

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR EXCESS ABSENTEE BALLOTS TO BE USED ON ELECTION DAY; DECLARING AN EMERGENCY.

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

     Section 1. Section 1-6-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 136, as amended) is amended to read:

     "1-6-10. RECEIPT OF ABSENTEE BALLOTS BY CLERK--USE OF EXCESS BALLOTS.--

          A. The county clerk shall mark on each completed official mailing envelope the date and time of receipt in the clerk's office, record this information in the absentee ballot register and safely keep the official mailing envelope unopened in a locked and number-sealed ballot box until it is delivered to the [proper] absent voter precinct board or until it is canceled and destroyed in accordance with law.

          B. The county clerk shall accept completed official mailing envelopes until 7:00 p.m. on election day and the county clerk or absent voter precinct board shall accept completed official mailing envelopes from precincts within the county of the voters who turned in their absentee ballots at their precinct by the close of polls on election day. Any completed official mailing envelope received after that time shall not be delivered to [a] the absent voter precinct board but shall be preserved by the county clerk until the time for election contests has expired. In the absence of a restraining order after expiration of the time for election contests, the county clerk shall destroy all late official mailing envelopes without opening or permitting the contents to be examined, cast, counted or canvassed. Before their destruction, the county clerk shall count the numbers of late ballots from voters, [federal voters] overseas [citizen] voters and federal qualified electors and report the number from each category to the secretary of state.

          C. At 5:00 p.m. on the Monday immediately preceding the date of election, the county clerk shall record the numbers of the unused absentee ballots and shall [publicly destroy in the county clerk's office all such unused ballots. The county clerk shall execute a certificate of destruction, which shall include the numbers on the absentee ballots destroyed. A copy of the certificate of destruction shall be sent to the secretary of state] prepare the absentee ballots for delivery on election day to precinct boards that require more ballots on election day.

          D. The secretary of state shall promulgate by rule procedures to ensure that all absentee ballots that are used as backup ballots are accounted for and that all unused absentee ballots are destroyed at the close of the polls on election day."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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