HOUSE BILL 444
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
James E. Smith
AN ACT
RELATING TO VOTER REGISTRATION; REQUIRING THIRD-PARTY AND UNAFFILIATED VOTER REGISTRATION AGENTS TO BE QUALIFIED ELECTORS; REQUIRING TRAINING OF THIRD-PARTY AND UNAFFILIATED VOTER REGISTRATION AGENTS; REQUIRING THE SECRETARY OF STATE TO ISSUE TWO-YEAR CREDENTIALS FOR THIRD-PARTY AND UNAFFILIATED VOTER REGISTRATION AGENTS; PROHIBITING PAYMENT PER VOTER OF THIRD-PARTY REGISTRATION AGENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-4-49 NMSA 1978 (being Laws 2005, Chapter 270, Section 17, as amended) is amended to read:
"1-4-49. THIRD-PARTY AND UNAFFILIATED REGISTRATION AGENTS--REGISTRATION REQUIRED--PROCEDURES--REPORTS--PENALTY.--
A. Third-party and unaffiliated registration agents shall be qualified electors of the state.
[A.] B. Third-party registration agents [who either register or assist persons to register to vote on behalf of an organization that is not a state or federal agency] shall register with the secretary of state, and the organization shall register and provide the secretary of state with:
(1) the names of the officers of the organization and the name and permanent address of the organization;
(2) the names, permanent addresses, temporary addresses, if any, and dates of birth of each person registering persons to vote in the state on behalf of the organization; and
(3) a sworn statement from each third-party registration agent employed by or volunteering for the organization stating that the agent will obey all state laws and rules regarding the registration of voters on a form that gives notice of the criminal penalties for false registration.
C. An unaffiliated registration agent shall register with the secretary of state and provide the secretary of state with:
(1) the agent's name, permanent address, temporary address, if any, and date of birth; and
(2) a sworn statement stating that the agent will obey all state laws and rules regarding the registration of voters on a form that gives notice of the criminal penalties for false registration.
D. Registration officers shall conduct training of third-party and unaffiliated registration agents. The secretary of state shall develop guidelines under which the registration officers shall conduct the trainings. The secretary of state shall provide information about the times and places at which training is offered.
E. Third-party and unaffiliated registration agents shall not assist in the registration of voters until they have completed a training program pursuant to Subsection D of this section. Upon completion of the training, a third-party or unaffiliated registration agent shall be issued a certificate allowing the individual to assist voters in the state to register. The certificate shall be valid until the end of the election cycle in which it was issued. Upon expiration of the certificate, the individual shall be recertified through a new training session. The certificate shall clearly show the registration agent's name, the name of the organization with which the registration agent works, if applicable, and the date the certificate expires. Third-party and unaffiliated registration agents shall carry the certificate with them at all times when they are engaged in voter registration activities and shall produce the certificate for inspection upon request.
[B.] F. Organizations employing third-party registration agents or using volunteer third-party registration agents and unaffiliated registration agents shall deliver or mail a certificate of registration to the secretary of state or county clerk within forty-eight hours of its completion by the person registering to vote or deliver it the next business day if the appropriate office is closed for that forty-eight-hour period.
[C.] G. The secretary of state may issue rules to ensure the integrity of the registration process, including rules requiring that organizations account for all state and federal registration forms used by their third-party registration agents.
H. A third-party registration agent shall not be paid based on the number of voter registrations the agent acquires. An organization employing third-party registration agents shall not:
(1) compensate a third-party registration agent based on the number of voter registrations that the agent successfully facilitates;
(2) present a third-party registration agent with a quota of voter registrations to facilitate as a condition of payment or employment; or
(3) engage in another practice that causes a third-party registration agent's compensation from or employment status with the organization to be dependent on the number of voter registrations that the agent facilitates.
[D.] I. A person who intentionally violates the provisions of this section is guilty of a petty misdemeanor and the person's [third-party] registration agent status shall be revoked. If the person who violates a provision of this section is an employee of an organization and has decision-making authority involving the organization's voter registration activities or is an officer of the organization, that organization shall be subject to civil penalties as described in Subsection [E] J of this section.
[E.] J. If the secretary of state reasonably believes that a person committed a violation of the provisions of this section, the secretary of state shall refer the matter to the attorney general or a district attorney for enforcement. The attorney general or district attorney may institute a civil action in district court for a violation of the provisions of this section or to prevent a violation of the provisions of this section. An action for relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty of two hundred fifty dollars ($250) for each violation, not to exceed five thousand dollars ($5,000).
K. For the purposes of this section:
(1) "third-party registration agent" means an individual who either registers or assists persons to register to vote on behalf of an organization that is not a state or federal agency; and
(2) "unaffiliated registration agent" means an individual who either registers or assists persons to register to vote but is working independent of any organization or a state or federal agency."
SECTION 2. TEMPORARY PROVISION--RECERTIFICATION.--A voter registration agent who was certified before November 6, 2012 must be recertified under the provisions of this act. A voter registration agent who was certified between November 6, 2012 and the effective date of this act does not need to be recertified until the election cycle that commences November 4, 2014.
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
- 6 -