HOUSE BILL 219
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Nathan "Nate" Cote
AN ACT
RELATING TO ELECTIONS; REQUIRING ADEQUATE STAFFING AND EQUIPMENT IN POLLING LOCATIONS FOR CONSOLIDATED PRECINCTS TO AVOID DELAY IN VOTING ON ELECTION DAY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-3-4 NMSA 1978 (being Laws 1975, Chapter 255, Section 30, as amended) is amended to read:
"1-3-4. CONSOLIDATION OF PRECINCTS.--
A. Precincts may be consolidated by the board of county commissioners for the following elections:
(1) primary and general elections;
(2) statewide special elections;
(3) countywide special elections; and
(4) elections to fill vacancies in the office of the United States house of representatives.
B. Precincts may be consolidated by the governing body of a municipality for municipal candidate and bond elections, unless otherwise prohibited.
C. Precincts may be consolidated by the local school board for school district candidate and bond elections, unless otherwise prohibited.
D. When precincts are consolidated for a primary and general election, the resolution required by Section 1-3-2 NMSA 1978, in addition to the other matters required by law, shall state therein which precincts have been consolidated and the designation of the polling place. In addition, when consolidating precincts for primary and general elections:
(1) any voter of the county shall be allowed to vote in any consolidated precinct polling location in the county;
(2) each consolidated precinct shall be comprised of no more than ten precincts;
(3) each consolidated precinct shall comply with the provisions of Section 1-3-7 NMSA 1978;
(4) each consolidated precinct polling location shall have a broadband internet connection and real-time access to the statewide voter registration electronic management system;
(5) the county clerk may maintain any alternative voting locations previously used in the same election open for voting on election day for any voter in the county, in addition to the polling location established in each consolidated precinct; and
(6) the board of county commissioners may permit rural precincts to be exempted from operating as or being a part of a consolidated precinct; provided that if the precinct is not designated as a mail ballot election precinct pursuant to Section 1-6-22.1 NMSA 1978 and the polling place for the rural precinct does not have real-time access to the statewide voter registration electronic management system, voters registered in a rural precinct as described in this paragraph are permitted to vote in any consolidated precinct polling location on election day only by use of a provisional paper ballot, which shall be counted after the county clerk confirms that the voter did not also vote in the rural precinct.
E. When precincts are consolidated for a municipal election, school election or special county election, the proclamation, in addition to the other matters required by law, shall state which precincts have been consolidated and the designation of the polling place. Precincts consolidated for a municipal election, school election or special county election may allow any voter to vote in any consolidated precinct in the county, which shall be stated in the proclamation.
F. When precincts are consolidated for a statewide special election or for a special election to fill a vacancy in the office of the United States house of representatives, within twenty-one days after the proclamation of election is issued by the governor, the board of county commissioners shall pass a resolution that, in addition to other matters required by law, shall state which precincts have been consolidated and the designation of the polling place. Precincts consolidated for a statewide special election or for a special election to fill a vacancy in the office of the United States house of representatives may allow any voter to vote in any consolidated precinct in the county, which shall be stated in the resolution.
G. Unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived, each consolidated precinct polling location shall:
(1) have ballots available for voters from every precinct that [is] are able to vote in the consolidated precinct;
(2) have at least one optical scan tabulator programmed to read every ballot style able to be cast in the consolidated precinct;
(3) have at least one voting system available to assist disabled voters to cast and record their votes;
(4) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible;
(5) have a sufficient number of poll workers, voting systems, ballot printers and voting booths available to process without delay the maximum number of voters eligible to vote on election day from the precincts consolidated into that polling location;
[(5)] (6) have a secure area for storage of preprinted ballots or for storage of paper ballot stock and a system designed to print ballots at a polling location;
[(6)] (7) issue a ballot to voters who have provided the required voter identification after the voter has signed a signature roster or an electronic equivalent approved by the voting system certification committee or after the voter has subscribed an application to vote on a form approved by the secretary of state; and
[(7)] (8) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.
H. As a prerequisite to consolidation, the authorizing resolution must find that consolidation will make voting more convenient and accessible to voters of the consolidated precinct and does not result in delays for voters in the voting process and the consolidated precinct voting location will be centrally located within the consolidated precinct."
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