SENATE BILL 523

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO ELECTIONS; ALLOWING TAXPAYERS TO UPDATE THEIR VOTER REGISTRATION ADDRESS INFORMATION BY AUTHORIZING THE TAXATION AND REVENUE DEPARTMENT TO CONVEY ADDRESS CHANGES TO THE SECRETARY OF STATE; PROVIDING FOR PROCEDURES TO CONVEY VOTER REGISTRATION INFORMATION.

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

     SECTION 1. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] REGISTRATION--AUTOMATIC UPDATE OF VOTER'S REGISTRATION ADDRESS.--

          A. A voter who files a New Mexico personal income tax return may authorize the taxation and revenue department to convey a change of address of the voter to the secretary of state by checking a box on the return instructing the department to do so. Upon such authorization, the department shall transmit by secure means to the secretary of state the old and new address of the voter and the voter's social security number.

          B. Upon receiving notice of the change of address of the voter, the secretary of state shall notify the appropriate county clerk of the change and the county clerk shall update the voter's certificate of registration accordingly when the registration period is open."

     SECTION 2. A new section of the Tax Administration Act is enacted to read:

     "[NEW MATERIAL] OPTIONAL DESIGNATION FOR VOTER REGISTRATION ADDRESS UPDATE.--A taxpayer who files a New Mexico personal income tax return may authorize the department to convey a change of address of the taxpayer to the secretary of state by checking a box on the return instructing the department to do so. Upon such authorization, the department shall transmit by secure means to the secretary of state the old and new address of the voter and the voter's social security number." 

     SECTION 3. A new section of the Income Tax Act is enacted to read:

     "[NEW MATERIAL] OPTIONAL DESIGNATION FOR VOTER REGISTRATION ADDRESS UPDATE.--The secretary shall revise the state income tax form to allow a designation by individual taxpayers authorizing the department to convey to the secretary of state change of address information and the taxpayer's social security number for the purpose of updating the taxpayer's voter registration information."

     SECTION 4. Section 7-1-8.8 NMSA 1978 (being Laws 2009, Chapter 243, Section 10) is amended to read:

     "7-1-8.8. INFORMATION THAT MAY BE REVEALED TO OTHER STATE AGENCIES.--An employee of the department may reveal to:

          A. a committee of the legislature for a valid legislative purpose, return information concerning any tax or fee imposed pursuant to the Cigarette Tax Act;

          B. the attorney general, return information acquired pursuant to the Cigarette Tax Act for purposes of Section 6-4-13 NMSA 1978 and the master settlement agreement defined in Section 6-4-12 NMSA 1978;

          C. the commissioner of public lands, return information for use in auditing that pertains to rentals, royalties, fees and other payments due the state under land sale, land lease or other land use contracts;

          D. the secretary of human services or the secretary's delegate, under a written agreement with the department, the last known address with date of all names certified to the department as being absent parents of children receiving public financial assistance, but only for the purpose of enforcing the support liability of the absent parents by the child support enforcement division or any successor organizational unit;

          E. the department of information technology, by electronic media, a database updated quarterly that contains the names, addresses, county of address and taxpayer identification numbers of New Mexico personal income tax filers, but only for the purpose of producing the random jury list for the selection of petit or grand jurors for the state courts pursuant to Section 38-5-3 NMSA 1978;

          F. the state courts, the random jury lists produced by the department of information technology under Subsection E of this section;

          G. the director of the New Mexico department of agriculture or the director's authorized representative, upon request of the director or representative, the names and addresses of all gasoline or special fuel distributors, wholesalers and retailers;

          H. the public regulation commission, return information with respect to the Corporate Income and Franchise Tax Act required to enable the commission to carry out its duties;

          I. the state racing commission, return information with respect to the state, municipal and county gross receipts taxes paid by racetracks;

          J. the gaming control board, tax returns of license applicants and their affiliates as provided in Subsection E of Section 60-2E-14 NMSA 1978;

          K. the director of the workers' compensation administration or to the director's representatives authorized for this purpose, return information to facilitate the identification of taxpayers that are delinquent or noncompliant in payment of fees required by Section 52-1-9.1 or 52-5-19 NMSA 1978; [and]

          L. the secretary of workforce solutions or the secretary's delegate, return information for use in enforcement of unemployment insurance collections pursuant to the terms of a written reciprocal agreement entered into by the department with the secretary of workforce solutions for exchange of information; and

          M. the secretary of state or the secretary's delegate, a taxpayer's change of address information and social security number as authorized by the taxpayer on the taxpayer's income tax return."

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