SENATE JOINT RESOLUTION 5

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Daniel A. Ivey-Soto

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 7, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO REQUIRING THAT ALL QUALIFIED ELECTORS BE REGISTERED TO VOTE UNDER ANY REGISTRATION SYSTEM, EXCEPT FOR THOSE WHO AFFIRMATIVELY CHOOSE NOT TO BE REGISTERED, AND THAT ALL QUALIFIED ELECTORS WHO VOTE SHALL HAVE THEIR VOTES COUNTED.

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

     SECTION 1. It is proposed to amend Article 7, Section 1 of the constitution of New Mexico to read:

          "A. Every person who is a qualified elector pursuant to the constitution and laws of the United States and a citizen thereof shall be qualified to vote in all elections in New Mexico, subject to residency and registration requirements provided by law, except as restricted by statute either by reason of criminal conviction for a felony or by reason of mental incapacity, being limited only to those persons who are unable to mark their ballot and who are concurrently also unable to communicate their voting preference. The legislature may enact laws providing for absentee voting by qualified electors. All school elections shall be held at different times from partisan elections.

          B. The legislature shall have the power to require the registration of the qualified electors as a requisite for voting and shall regulate the manner, time and places of voting. If the legislature requires the registration of qualified electors as a requisite for voting, the state shall ensure that all qualified electors are registered to vote for each election, except for those who affirmatively choose not to be registered, and that the vote of a qualified elector shall not be excluded from being counted for failure of the state to provide for the qualified elector's voter registration on or before election day.

          C. The legislature shall enact such laws as will secure the secrecy of the ballot and the purity of elections and guard against the abuse of elective franchise. Not more than two members of the board of registration and not more than two judges of election shall belong to the same political party at the time of their appointment."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

- 3 -