SENATE BILL 650
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Bill B. O’Neill and Stephanie Garcia Richard
AN ACT
RELATING TO ELECTIONS; ALLOWING POLITICAL PARTIES TO ALLOW NON-MEMBERS TO PARTICIPATE IN THE PRIMARY ELECTION PROCESS.
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] VOTER PARTICIPATION IN PRIMARY ELECTION PROCESS--PARTY RULES ON NOMINATION SELECTION PROCESS.--
A. Each qualified political party may provide in its rules for participation of non-party members in the party's nomination selection process. To change who may participate in a party nomination selection process, including the primary election process, the rules must be filed with the secretary of state at least thirty days before the governor is required to issue the proclamation of the primary election. The nomination selection process of a qualified political party that fails to provide in its rules for participation of non-party members shall be limited to members of that political party only.
B. In making rules on who may participate in the party's nomination selection and primary election process, a political party's rules may allow participation by:
(1) voters who are members of that political party only;
(2) voters who are members of that political party and voters who are not members of any qualified political party;
(3) voters who are members of that political party and those voters who are not members of a major political party; or
(4) any voter."
SECTION 2. Section 1-12-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 246, as amended) is amended to read:
"1-12-7. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO VOTE.--
A. A person shall not vote in a primary, general or statewide special election unless [he] the person is a voter of the county in which [he] the person offers to vote. A valid original certificate of registration in the county register is prima facie evidence of being a voter in the precinct.
[B. A person whose major party affiliation is not
designated on his original certificate of registration shall not vote in a primary election.
C.] B. A person at a primary election shall not be permitted to vote for the candidate of any party other than the party designated on [his] the person's current certificate of registration unless that party's rules allow that type of non-member to participate in the party's primary election process. If more than one party that is participating in the primary election allows non-members to participate in the party's primary election process, those persons shall be allowed to choose the ballot of only one of the parties participating in the primary election and may vote only for candidates on that ballot in the primary election."
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 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 either registered in a party designated on the primary election ballot or is the type of non-member who is allowed to participate in the party's primary election process. 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 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 name on the signature roster and shall require the voter to sign the voter's usual signature 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 1-12-7.2 NMSA 1978 (being Laws 1969, Chapter 240, Section 114, as amended) is amended to read:
"1-12-7.2. VOTER WHOSE NAME IS NOT ON LIST OR ROSTER.--
A. A voter whose name does not appear on the voter list and signature roster for the precinct in which the voter offers to vote shall be permitted to vote in the precinct pursuant to the federal National Voter Registration Act of 1993 and Section 1-12-8 NMSA 1978.
B. The judges or election clerks in charge of the signature rosters shall add the voter's name and address in ink to the signature roster on the line immediately following the last entered voter's name, and the voter shall be allowed to sign an affidavit of eligibility and cast a provisional paper ballot, provided the voter has first signed or marked both the signature roster and checklist of registered voters.
C. The provisional paper ballot tracking number for the voter shall be entered on the affidavit of eligibility, the signature roster and the checklist of registered voters.
D. In a primary election, a voter shall not be permitted to vote for a candidate of a party different from the party designation shown on the voter's certificate of registration unless the voter is the type of non-member who is allowed to participate in the party's primary election process. For a voter who is the type of non-member who is allowed to participate in a party's primary election process, the voter may choose the ballot of only one of the parties participating in the primary election that allows such voters to participate in the party's primary election process and shall vote only on that political party's ballot in the election. Upon making that determination, the county clerk shall transmit the ballot to the county canvassing board to be tallied and included in the canvass of that county for the appropriate precinct."
SECTION 5. 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. in the case of a primary election, the person desiring to vote is not [affiliated with] a voter allowed to vote for the political party represented on the ballot."
SECTION 6. Section 1-15A-2 NMSA 1978 (being Laws 1977, Chapter 230, Section 2, as amended) is amended to read:
"1-15A-2. PRESIDENTIAL PRIMARY--DATE OF ELECTION.--
A. In the year in which the president and vice president of the United States are to be elected, the registered voters of this state shall be given an opportunity to express their preference for the person to be the presidential candidate of their political party in either a presidential primary election or in accordance with the selection procedure for presidential candidates of each voter's party.
B. A voter may vote in a presidential primary election on the ballot of only one of the parties participating in the primary election and only if the rules of that party allow such voters to participate in that party's presidential primary election.
C. The presidential primary election shall be held on the same date as the primary election is held in this state."
SECTION 7. Section 1-15A-8 NMSA 1978 (being Laws 1977, Chapter 230, Section 7, as amended) is amended to read:
"1-15A-8. VOTING IN PRESIDENTIAL PRIMARY--BALLOT POSITION.--
A. All candidates in the presidential primary election shall appear with the candidates for other offices of their respective parties at an appropriate place on the ballot. Candidates who are nominated by committee and by petition shall be placed first as a group on the presidential primary ballot [with each candidate's respective position in that group determined by the provisions of the Ballot Positioning Act]. The ballot position for the uncommitted category shall be placed last on the presidential primary ballot.
B. The voter shall be able to cast [his] a ballot for one of the presidential candidates [of his party] in accordance with party rules or for an uncommitted delegation. A vote of the latter kind shall express the preference for an uncommitted delegation from New Mexico to the national convention of that [voter's] party."
SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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