HOUSE BILL 340
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Cathrynn N. Brown
AN ACT
RELATING TO ELECTIONS; CHANGING VOTER IDENTIFICATION REQUIREMENTS FOR THOSE VOTING IN PERSON; PROVIDING FOR ISSUANCE OF IDENTIFICATION CARDS WITHOUT CHARGE; PROVIDING FOR REIMBURSEMENT OF THE COSTS OF ISSUING IDENTIFICATION CARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-1-24 NMSA 1978 (being Laws 2005, Chapter 270, Section 6, as amended) is amended to read:
"1-1-24. REQUIRED VOTER IDENTIFICATION.--As used in the Election Code, when a person offers to vote in person, "required voter identification" means [any of the following forms of identification as chosen by the voter:
A. a physical form of identification, which may be:
(1) an original or copy of a current and valid photo identification with or without an address, which address is not required to match the voter's certificate of registration; or
(2) an original or copy of a utility bill, bank statement, government check, paycheck, student identification card or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and address of the person, the address of which is not required to match the voter's certificate of registration; or
B. a verbal or written statement by the voter of the voter's name, registration address and year of birth; provided, however, that the statement of the voter's name need not contain the voter's middle initial or suffix] a physical form of identification that is issued by a branch, department, agency or entity of the state of New Mexico, the United States, a federally recognized Indian nation, tribe or pueblo or a New Mexico educational institution and that contains:
A. a photograph of the voter that reasonably resembles the person offering to vote; and
B. the name of the voter that reasonably conforms to the name on the voter's certificate of registration."
SECTION 2. A new section of Chapter 1, Article 12 NMSA 1978 is enacted to read:
"[NEW MATERIAL] REQUIRED VOTER IDENTIFICATION--EXCEPTION--CHALLENGES.--
A. If a physical form of identification containing a photograph is not issued by one of the entities required by Section 1-1-24 NMSA 1978 but is unanimously determined to be legitimate by the presiding judge and election judges at the polling location, it shall be determined to meet the requirements of this section.
B. If any person authorized to challenge a voter pursuant to the provisions of the Election Code objects to the election judges' decision to accept the person's identification as legitimate, and the challenger identifies the reason for the objection in writing and states the specific source of the information or personal knowledge upon which the challenge is based, the person offering to vote shall be allowed to vote on a provisional ballot."
SECTION 3. Section 1-12-7.1 NMSA 1978 (being Laws 1969, Chapter 240, Section 112, as amended) is amended to read:
"1-12-7.1. VOTER LISTS--SIGNATURE ROSTERS--CHECKLIST OF VOTERS--USE DURING ELECTION.--
A. Each precinct board using paper voter lists shall post securely at or near the entrance of the polling place one copy of an alphabetical list of voters for use of the voters prior to voting. The posted copy shall not contain a listing of voter addresses, years of birth [unique identifiers] or social security numbers.
B. The presiding judge of the precinct board shall assign one judge or election clerk of the board to be in charge of one copy of the checklist of voters, which shall be used to confirm the registration and voting of each person offering to vote.
C. The presiding judge of the precinct board shall assign one judge or election clerk to be in charge of the signature roster.
D. The judge or election clerk assigned to the checklist of voters used for confirmation of registration and voting shall determine that each person offering to vote is registered and, in the case of a primary election, that the voter is registered in a party designated on the primary election ballot. If the person's registration is confirmed by the presence of the person's name on the checklist of voters and the voter provides the required voter identification, the judge or election clerk shall announce to the judges or election clerks the list number and the name of the voter as shown on the checklist of voters. If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional paper ballot and [shall provide] the voter's provisional ballot shall not be qualified; provided that if the voter provides the required voter identification to the county clerk's office before 5:00 p.m. on the second day following the election, or to the precinct board before the polls close, [or] the voter's provisional ballot shall [not] be qualified. [If the required voter identification is provided, the voter's provisional paper ballot shall be qualified and the voter shall not vote on any other type of ballot.]
E. The judge or election clerk shall locate [that list number and] the voter's name on the signature roster or electronic poll book and shall require the voter to sign the voter's usual signature on the paper signature roster or electronic signature roster or, if unable to write, to make the voter's mark opposite the voter's printed name. If the voter makes the voter's mark, it shall be witnessed by one of the judges or election clerks of the precinct board. [If the signature roster indicates that the voter is required to present a physical form of identification before voting, the judge or election clerk shall ask the voter for the required physical form of identification. If the voter does not provide the required identification, the voter shall be allowed to vote on a provisional paper ballot; provided, however, that if the voter brings the required physical form of identification to the polling place after casting a provisional paper ballot, that ballot shall be qualified and the voter shall not vote on any other type of ballot.]
F. The judge or election clerk shall follow the procedures provided for in Sections 1-12-7.2 and 1-12-8 NMSA 1978 if a person whose name does not appear on the signature roster requests to vote or a person is required to vote on a provisional paper ballot.
G. A voter shall not be permitted to vote until the voter has properly signed the voter's usual signature or made the voter's mark in the signature roster."
SECTION 4. Section 1-12-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 247, as amended) is amended to read:
"1-12-8. CONDUCT OF ELECTION--PROVISIONAL VOTING.--
A. A person shall be permitted to vote on a provisional paper ballot [even though] if the person's original certificate of registration cannot be found in the county register or [even] if the person's name does not appear on the signature roster; provided that:
(1) the person's residence is within the boundaries of the county in which the person offers to vote;
(2) the person's name is not on the list of persons submitting absentee ballots; and
(3) the person executes a statement swearing or affirming to the best of the person's knowledge that the person is a qualified elector, is currently registered and eligible to vote in that county and has not cast a ballot or voted in that election.
[B. A voter shall vote on a provisional paper ballot if the voter:
(1) has not previously voted in a general election in New Mexico or has been purged from the voter list;
(2) registered to vote by mail;
(3) did not submit the physical form of the required voter identification with the certificate of registration form; and
(4) does not present to the election judge a physical form of the required voter identification.
C.] B. A voter shall vote on a provisional paper ballot in accordance with the provisions of Section 1-12-7.1 NMSA 1978 if the voter does not provide the required voter identification to the election judge.
[D.] C. A judge or election clerk shall have the voter sign the signature roster and issue the voter a provisional paper ballot, an outer envelope and an official inner envelope. The voter shall vote on the provisional paper ballot in secrecy and, when done, place the ballot in the official inner envelope and place the official inner envelope in the outer envelope and return it to the judge or election clerk. The judge or election clerk shall ensure that the required information is completed on the outer envelope, have the voter sign it in the appropriate place and place it in an envelope designated for provisional paper ballots.
[E.] D. Knowingly executing a false statement constitutes perjury as provided in the Criminal Code, and voting on the basis of such falsely executed statement constitutes fraudulent voting."
SECTION 5. Section 1-12-10.1 NMSA 1978 (being Laws 2003, Chapter 356, Section 2, as amended) is amended to read:
"1-12-10.1. CONDUCT OF ELECTIONS--VOTER EDUCATION AND INFORMATION.--
A. The secretary of state shall [issue rules describing the voter information] provide voter information, including voter identification requirements for voters and a statement of the right of a person offering to vote to use a provisional paper ballot. The county clerks shall display this information in accordance with the federal Help America Vote Act of 2002 in each polling place [on election day and], in each county clerk's office and [alternate] at any location where [absentee or early] voting is taking place.
B. The county clerk shall ensure that in each polling place [shall post] there are posted the phone numbers of the county clerk and the secretary of state [and], a map of the precincts represented in that polling place and an alphabetical list of the voters in each precinct represented in that polling place.
C. The secretary of state and the county clerk of each county that maintains a web site shall provide notice of the voter identification requirements on each entity's respective web site in each language in which voter registration materials are available. The secretary of state shall prescribe the wording of the notice to be included on the web sites.
D. The secretary of state shall conduct a statewide effort to educate voters regarding voter identification requirements.
E. The county clerk of each county shall post in a prominent location at the clerk's office a physical copy of the notice prescribed by Subsection C of this section in each language in which voter registration materials are available."
SECTION 6. Section 1-12-20 NMSA 1978 (being Laws 1969, Chapter 240, Section 273, as amended) is amended to read:
"1-12-20. CONDUCT OF ELECTION--INTERPOSING CHALLENGES.--A challenge may be interposed by a member of the precinct board or by a party challenger for the following reasons:
A. the person offering to vote is not registered to vote;
B. the person offering to vote is listed among those persons to whom an absentee ballot was mailed;
C. the person offering to vote has already cast a ballot in that election;
D. the person offering to vote is improperly registered because the person is not a qualified elector; [or]
E. the person offering to vote did not provide the required voter identification; or
[E.] F. in the case of a primary election, the person [desiring] offering to vote is not affiliated with a political party represented on the ballot."
SECTION 7. Section 1-12-25.2 NMSA 1978 (being Laws 2003, Chapter 356, Section 3, as amended) is amended to read:
"1-12-25.2. CONDUCT OF ELECTION--PROVISIONAL VOTING--INFORMATION TO VOTER--STATUS OF VOTER'S BALLOT.--
A. If a voter is required to vote on a provisional paper ballot, the presiding judge or election judge shall give the voter written instructions on how the voter may determine whether the vote was counted and, if the vote was not counted, the reason it was not counted.
B. The county clerk shall report all provisional ballots and their status to the secretary of state. The secretary of state shall provide a free access system, such as a toll-free telephone number or internet web site, that a voter who casts a provisional paper ballot may access to ascertain whether the voter's ballot was counted and, if the vote was not counted, the reason it was not counted and how to appeal the decision pursuant to rules issued by the secretary of state. Access to information about an individual voter's provisional paper ballot is restricted to the voter who cast the ballot.
C. Beginning with the closing of the polls on election day through the tenth day following the election, the county clerk shall notify by mail each person whose provisional paper ballot was not counted of the reason the ballot was not counted. The voter shall have until the Friday prior to the meeting of the state canvassing board to appeal to the district court the county [clerk a] clerk's decision to reject the voter's ballot.
D. A provisional paper ballot that was rejected shall be qualified if the voter provides sufficient proof for the district court to determine that the voter was a duly registered qualified elector in the county at the time the ballot was cast."
SECTION 8. Section 1-12-25.4 NMSA 1978 (being Laws 2003, Chapter 356, Section 7, as amended) is amended to read:
"1-12-25.4. PROVISIONAL PAPER BALLOTS--DISPOSITION.--
A. Upon closing of the polls, provisional paper ballots shall be delivered to the county clerk, who shall determine if the ballots will be counted prior to certification of the election.
B. [A provisional paper ballot shall not be counted if the registered] If the voter did not [sign] provide a signature by signing either the signature roster or either side of the provisional ballot's envelope, the ballot shall not be counted.
C. If there is no record of the [voter] person who voted ever having been registered in the county, the voter [shall be offered the opportunity to register] registration form from the provisional ballot envelope shall be accepted as a new voter registration application and the provisional paper ballot shall not be counted.
D. If the voter was registered in the county, the registration was later canceled and the county clerk determines that the cancellation was in error, the voter's registration shall be immediately restored and the provisional paper ballot counted.
E. If the county clerk determines that the cancellation was not in error, the voter [shall be offered the opportunity to register at the voter's correct address] registration form from the provisional ballot envelope shall be accepted as a new voter registration application and the provisional paper ballot shall not be counted.
F. If the voter is [a] registered [voter] to vote in the county, but has voted on a provisional paper ballot at a polling place other than the voter's designated polling place, the county canvassing board shall ensure that only those votes for the positions or measures for which the voter was eligible to vote are counted.
G. If the person is registered to vote in the county, but has voted on a provisional paper ballot for failure to provide the required voter identification, the provisional paper ballot shall be counted if:
(1) the voter provides the required voter identification to the county clerk or the precinct board at any time before 5:00 p.m. on the second day following the election;
(2) the voter executes an affidavit under penalty of perjury that states the voter is unable to provide the required voter identification because the voter has a religious objection to being photographed and the voter has consistently refused to be photographed for any governmental purpose from the time the voter has held this belief; or
(3) the voter executes an affidavit under penalty of perjury that states that the voter does not have the required voter identification as a result of a natural disaster that was declared by the president of the United States or the governor, the disaster occurred not earlier than forty-five days before the date the ballot was cast and caused the destruction of or inability of the voter to access the voter's identification.
[G.] H. If the county clerk finds that the voter who voted on a provisional paper ballot at the polls has also voted an absentee ballot in that election, the provisional paper ballot shall not be counted.
[H.] I. The county canvassing board shall prepare a tally displaying the number of provisional paper ballots received, the number found valid and counted, the number rejected and not counted and the reason for not counting the ballots as part of the canvassing process and forward it to the secretary of state immediately upon certification of the election.
[I.] J. The secretary of state shall issue rules to ensure uniform and nondiscriminatory practices in the qualification of provisional ballots, securing the secrecy of the provisional paper ballots, especially during canvassing, reviewing or recounting, and protecting against fraud in the voting process."
SECTION 9. Section 1-19A-10 NMSA 1978 (being Laws 2003, Chapter 14, Section 10, as amended) is amended to read:
"1-19A-10. PUBLIC ELECTION FUND--CREATION--USE.--
A. There is created in the state treasury the "public election fund" solely for the purposes of:
(1) financing the election campaigns of certified candidates for covered offices;
(2) paying administrative and enforcement costs of the Voter Action Act; [and]
(3) carrying out all other specified provisions of the Voter Action Act; and
(4) reimbursing the motor vehicle division of the taxation and revenue department for the cost of issuing identification cards to voters without charge pursuant to the provisions of Section 66-5-408 NMSA 1978.
B. The state treasurer shall invest the funds as other state funds are invested, and all income derived from the fund shall be credited directly to the fund. Remaining balances at the end of a fiscal year shall remain in the public election fund and not revert to the general fund.
C. Money received from the following sources shall be deposited directly into the fund:
(1) qualifying contributions that have been submitted to the secretary;
(2) any recurring balance of unspent fund money distributed to a certified candidate who does not remain a candidate through the primary or general election period for which the money was distributed;
(3) money that remains unspent or unencumbered by a certified candidate following the date of the primary election;
(4) money that remains unspent or unencumbered by a certified candidate following the date of the general election;
(5) unspent seed money that cannot be used for any other purpose;
(6) money distributed to the fund from funds received pursuant to the Uniform Unclaimed Property Act (1995); and
(7) money appropriated by the legislature.
D. A subaccount shall be established in the fund, and money in the subaccount shall only be used to pay the costs of carrying out the provisions of the Voter Action Act related to public regulation commission elections.
E. Two hundred thousand dollars ($200,000) per year shall be collected and deposited in the subaccount for public regulation commission elections as follows:
(1) one hundred thousand dollars ($100,000) from inspection and supervision fees collected pursuant to Section 62-8-8 NMSA 1978; and
(2) one hundred thousand dollars ($100,000) from utility and carrier inspection fees collected pursuant to Section 63-7-20 NMSA 1978."
SECTION 10. [NEW MATERIAL] IDENTIFICATION CARDS--REIMBURSEMENT COSTS--INFORMATION SHARING.--
A. The motor vehicle division of the taxation and revenue department shall provide the secretary of state with a record of all identification cards issued to voters pursuant to the provisions of Section 66-5-408 NMSA 1978.
B. The secretary of state shall reimburse the motor vehicle division of the taxation and revenue department with money from the public election fund for the costs of issuing identification cards to voters without charge pursuant to the provisions of Section 66-5-408 NMSA 1978.
SECTION 11. Section 66-5-408 NMSA 1978 (being Laws 1978, Chapter 35, Section 335, as amended) is amended to read:
"66-5-408. FEES--EXCEPTIONS.--
A. Upon application for an identification card with a four-year term, there shall be paid to the department a fee of five dollars ($5.00). Upon application for an identification card with an eight-year term, there shall be paid to the department a fee of ten dollars ($10.00). A fee shall not be charged to an applicant for an identification card if the applicant:
(1) is at least seventy-five years of age; or
(2) states that the applicant is obtaining the identification card for the purpose of voting and does not possess any other form of identification required by the Election Code for the applicant to vote in person and the applicant is:
(a) currently registered to vote in the state; or
(b) a qualified elector and submits a certificate of registration form to the department for processing by the requisite county clerk.
B. The department with the approval of the governor may increase the amount of the identification card fee by an amount not to exceed three dollars ($3.00) for the purpose of implementing an enhanced licensing system; provided that for an identification card issued for an eight-year period, the amount of the fee shall be twice the amount charged for other identification cards. The additional amounts collected pursuant to this subsection are appropriated to the department to defray the expense of the new system of licensing and for use as set forth in the provisions of Subsection F of Section 66-6-13 NMSA 1978. Unexpended and unencumbered balances from fees collected pursuant to the provisions of this subsection at the end of any fiscal year shall not revert to the general fund but shall be expended by the department in fiscal year 2010 and subsequent fiscal years."
SECTION 12. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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