0001| AN ACT | 0002| RELATING TO DISTRICT ELECTIONS; ALLOWING THE CREATION OF AN ABSENT VOTER | 0003| PRECINCT BOARD; ESTABLISHING ABSENTEE VOTER PROCEDURES; ALLOWING FOR AN | 0004| ELECTION DIRECTOR TO PROVIDE ELECTION SERVICES; STREAMLINING THE | 0005| DISTRICT ELECTION PROCESS; ESTABLISHING PENALTIES; AMENDING, REPEALING | 0006| AND ENACTING SECTIONS OF CHAPTER 73, ARTICLE 14 NMSA 1978; DECLARING AN | 0007| EMERGENCY. | 0008| | 0009| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0010| Section 1. A new section of Chapter 73, Article 14 NMSA 1978 is | 0011| enacted to read: | 0012| "PENALTY--FALSE VOTING.-- | 0013| A. False voting consists of: | 0014| (1) voting or offering to vote with the knowledge of | 0015| not being a qualified elector; | 0016| (2) voting or offering to vote in the name of any | 0017| other person; | 0018| (3) voting or offering to vote more than once in the | 0019| same election; | 0020| (4) inducing, abetting or procuring or attempting to | 0021| induce, abet or procure a person known to not be a qualified elector to | 0022| vote; or | 0023| (5) inducing, abetting or procuring or attempting to | 0024| induce, abet or procure a person who, having voted once in any election, | 0025| votes or attempts to vote again at the same election. | 0001| B. Whoever commits false voting is guilty of a fourth degree | 0002| felony." | 0003| Section 2. A new section of Chapter 73, Article 14 NMSA 1978 is | 0004| enacted to read: | 0005| "UNLAWFUL POSSESSION OF ABSENTEE BALLOT MATERIAL-- PENALTY.-- | 0006| A. Unlawful possession of absentee ballot material consists | 0007| of the unauthorized possession at any time of absentee ballot material | 0008| or obtaining absentee ballot material in an unlawful manner. As used in | 0009| this section, "absentee ballot material" means an absentee ballot, | 0010| absentee ballot envelope or an absentee ballot return. | 0011| B. Whoever commits unlawful possession of absentee ballot | 0012| material is guilty of a fourth degree felony." | 0013| Section 3. A new section of Chapter 73, Article 14 NMSA 1978 is | 0014| enacted to read: | 0015| "UNLAWFUL OPENING OF BALLOT BOX--PENALTY.-- | 0016| A. Unlawful opening of a ballot box consists of opening any | 0017| ballot box or inspecting or removing the contents of a ballot box | 0018| without lawful authority or conspiring with others to have the same | 0019| done. | 0020| B. Whoever commits unlawful opening of a ballot box is | 0021| guilty of a fourth degree felony." | 0022| Section 4. A new section of Chapter 73, Article 14 NMSA 1978 is | 0023| enacted to read: | 0024| "FALSIFYING AN ELECTION DOCUMENT--PENALTY.-- | 0025| A. Falsifying an election document consists of knowingly | 0001| circulating, presenting or offering to present for the signature of | 0002| another person a nominating petition that does not clearly show on the | 0003| face of the petition the name of the candidate, the date of the | 0004| election, the address at which the candidate resides, the candidate's | 0005| county of residence and the position on the conservancy district board | 0006| for which the candidate seeks nomination. | 0007| B. Whoever commits falsifying an election document is guilty | 0008| of a misdemeanor and upon conviction shall be imprisoned in the county | 0009| jail for a definite term of less than one year or shall pay a fine of | 0010| not more than one thousand dollars ($1,000), or both the imprisonment | 0011| and fine in the discretion of the judge." | 0012| Section 5. Section 73-14-19 NMSA 1978 (being Laws 1975, Chapter | 0013| 262, Section 2) is amended to read: | 0014| "73-14-19. BOARDS OF DIRECTORS--MEMBERSHIP-- QUALIFICATIONS.--The | 0015| boards of directors created by Sections 73-14-18 through 73-14-32 NMSA | 0016| 1978 shall consist of three directors from and representing that portion | 0017| of the most populous county within the conservancy district, one | 0018| director each from and representing those portions of each of the | 0019| remaining counties within the conservancy district and one director from | 0020| and representing the district at large; provided that each director: | 0021| A. is a qualified elector of the conservancy district; and | 0022| B. resides within the conservancy district and the county | 0023| from which he is elected or, if representing the district at large, | 0024| resides within one of the four counties of the conservancy district." | 0025| Section 6. Section 73-14-20 NMSA 1978 (being Laws 1975, Chapter | 0001| 262, Section 3) is amended to read: | 0002| "73-14-20. DEFINITIONS.--As used in Sections 73-14-18 through | 0003| 73-14-32 NMSA 1978: | 0004| A. "benefited area" means that area described by a property | 0005| appraisal that receives a benefit as a result of the creation of a | 0006| district for any of the purposes specified in Section 73-14-4 NMSA 1978; | 0007| B. "election director" means the person whom the board of | 0008| directors may request to provide election services by a contract | 0009| approved by the secretary of state; | 0010| C. "election officer" means a person appointed by the board | 0011| of directors to conduct the election in the absence of an election | 0012| director and who performs all election services required by statute; | 0013| D. "list compiler" means a contractor approved by the board | 0014| of directors to compile and produce a qualified elector list for a | 0015| conservancy district; | 0016| E. "qualified elector" means an individual who owns real | 0017| property within the benefited area of the conservancy district and who | 0018| has provided proof of an ownership interest to one of the sources | 0019| specified in Subsection B of Section 73-14-20.1 NMSA 1978 within the | 0020| required time period, or who resides on and owns legal or equitable | 0021| title in tribal lands and who is over the age of majority; | 0022| F. "qualified elector's list" means the list compiled before | 0023| each election that contains the individual names of all qualified | 0024| electors; and | 0025| G. "residence" means a dwelling that lies partially or | 0001| completely within the benefited area of a conservancy district." | 0002| Section 7. Section 73-14-20.1 NMSA 1978 (being Laws 1990, Chapter | 0003| 48, Section 1, as amended by Laws 1991, Chapter 136, Section 1 and also | 0004| by Laws 1991, Chapter 248, Section 1) is amended to read: | 0005| "73-14-20.1. QUALIFIED ELECTOR LIST.-- | 0006| A. The board of directors of the conservancy district may | 0007| contract for a list compiler before each election to compile and produce | 0008| a qualified elector's list for the district. The list compiler shall | 0009| deliver the completed list to the election director no later than twenty | 0010| days prior to a district election. An individual who purchases property | 0011| twenty-eight days prior to an election and whose name does not appear on | 0012| the qualified elector's list shall not vote in that election. The | 0013| individual may become certified to vote in a future election by filing | 0014| his deed of title with the appropriate county clerk at least | 0015| twenty-eight days before the next conservancy district election. | 0016| B. Names of qualified electors shall be obtained from the | 0017| records of the county clerk of the appropriate county, the appropriate | 0018| county assessor of the appropriate county, records of the conservancy | 0019| district or from the census bureau and enrollment records provided by | 0020| the pueblos. The county assessor of the appropriate county, the county | 0021| clerk of the appropriate county and the tribal representatives of the | 0022| appropriate pueblos shall deliver to the election director all records | 0023| regarding qualified electors of the benefited area of the conservancy | 0024| district no later than the last day of each August before a district | 0025| election. | 0001| C. Updating the qualified elector's list shall consist of | 0002| adding, for any new qualified elector who has purchased property in the | 0003| district, the name, address and description of all property owned by the | 0004| qualified elector in the benefited area of the conservancy district and | 0005| removing the name of any elector who is deceased or is no longer a | 0006| qualified elector because he no longer owns property within the | 0007| benefited district. | 0008| D. Proof of ownership of land within the benefited area of | 0009| the conservancy district requires one of the following: | 0010| (1) a recorded deed or real estate contract indicating | 0011| current ownership of land within the benefited area of the district; | 0012| (2) an individual's name on county clerk records | 0013| indicating a description of property the individual owns within the | 0014| benefited area of the district; | 0015| (3) an individual's name on a list compiled by the | 0016| governing body of a pueblo within the benefited area of the conservancy | 0017| district indicating that the individual named is residing on and has | 0018| legal or equitable title in the pueblo; or | 0019| (4) a current property tax bill indicating ownership | 0020| of land within the benefited area of the district. | 0021| E. The election officer or the election director of the | 0022| conservancy district shall distribute to each polling place a current | 0023| qualified elector's list for the appropriate county. The election | 0024| officer or the election director shall distribute the qualified | 0025| elector's list to each polling place within a pueblo located within the | 0001| benefited area of the conservancy district. A qualified elector may | 0002| vote at any one polling place in the pueblo or county where he owns | 0003| land. An individual who seeks to cast his vote but finds his name is | 0004| not on the qualified elector's list shall not be allowed to vote in that | 0005| election." | 0006| Section 8. Section 73-14-24 NMSA 1978 (being Laws 1975, Chapter | 0007| 262, Section 7, as amended by Laws 1991, Chapter 136, Section 2 and also | 0008| by Laws 1991, Chapter 248, Section 2) is amended to read: | 0009| "73-14-24. TIME AND PROCEDURE FOR ELECTION.-- | 0010| A. The members of the boards of directors created by | 0011| Sections 73-14-18 through 73-14-32 NMSA 1978 shall be elected at an | 0012| election held on the first Tuesday after the first Monday in November in | 0013| 1996 and in each even-numbered year thereafter. | 0014| B. The elections for the members of the board of directors | 0015| of the conservancy district shall be conducted, counted and canvassed as | 0016| provided in Sections 73-14-18 through 73-14-32 and 73-14-84 through | 0017| 73-14-86 NMSA 1978. The polls shall be opened and closed at the same | 0018| time as provided for the general election under the Election Code." | 0019| Section 9. Section 73-14-25 NMSA 1978 (being Laws 1975, Chapter | 0020| 262, Section 8) is amended to read: | 0021| "73-14-25. DECLARATION OF CANDIDACY--SIGNATURES OF ELECTORS.-- | 0022| A. Any person who desires to become a candidate for election | 0023| as a member of the conservancy district board shall file his written | 0024| declaration of candidacy with the election director or with the election | 0025| officer at least thirty days before the election. The election officer | 0001| or the election director shall certify the candidates to the board of | 0002| directors. | 0003| B. The declaration of candidacy shall contain: | 0004| (1) a statement that the candidate is a qualified | 0005| elector of the district and meets the qualifications of a director as | 0006| required by law; | 0007| (2) the candidate's name, address, date and county of | 0008| residence; | 0009| (3) the numerical designation of the position on the | 0010| board of directors for which he desires to be a candidate; | 0011| (4) if a candidate for a position representing a | 0012| county in the conservancy district, a petition signed by at least | 0013| seventy-five qualified electors of the district who reside in that | 0014| county; | 0015| (5) if a candidate for the position at large in the | 0016| conservancy district, a petition signed by at least one hundred | 0017| twenty-five qualified electors; and | 0018| (6) a statement that the candidate resides within the | 0019| conservancy district and in the county for which he desires to be a | 0020| candidate on the board of directors." | 0021| Section 10. Section 73-14-27 NMSA 1978 (being Laws 1975, Chapter | 0022| 262, Section 10, as amended by Laws 1991, Chapter 136, Section 3 and | 0023| also by Laws 1991, Chapter 248, Section 3) is amended to read: | 0024| "73-14-27. ELECTION--LOCATION OF POLLING PLACES--NOTICE OF | 0025| ELECTION--CREATION OF ABSENT VOTER PRECINCT.-- | 0001| A. For every conservancy district election, the board of | 0002| directors shall provide for a polling place at each physical location | 0003| within the boundaries of the conservancy district at which polling | 0004| places for the general election are located. In addition, the board of | 0005| directors shall provide a polling place at the main office of the | 0006| conservancy district and may provide such other locations as it deems | 0007| necessary. The board of directors may also create an absent voter | 0008| precinct. | 0009| B. Notice of election shall be published three times in a | 0010| newspaper of general circulation within each county of the district. | 0011| Each notice shall state the time, place and purpose of the election and | 0012| shall be published twenty, ten and five days before the election." | 0013| Section 11. Section 73-14-28 NMSA 1978 (being Laws 1975, Chapter | 0014| 262, Section 11) is amended to read: | 0015| "73-14-28. ELECTION JUDGES.--The election officer or the election | 0016| director shall select three election judges for each polling place | 0017| established within the conservancy district. The election officer or | 0018| the election director shall also appoint an absent voter precinct | 0019| board." | 0020| Section 12. A new Section 73-14-28.1 NMSA 1978 is enacted to | 0021| read: | 0022| "73-14-28.1. ELECTION.--The board of directors of the conservancy | 0023| district shall conduct the election pursuant to Chapter 73, Article 14 | 0024| NMSA 1978 and other applicable election laws or shall select an election | 0025| director as defined in Section 73-14-20 NMSA 1978 to provide election | 0001| services. The election director shall operate pursuant to a contract | 0002| approved by the secretary of state. The election may be conducted by | 0003| emergency paper ballot, electronic voting machine or any other state | 0004| certified tabulating voting machine." | 0005| Section 13. Section 73-14-29 NMSA 1978 (being Laws 1975, Chapter | 0006| 262, Section 12) is amended to read: | 0007| "73-14-29. FORM OF BALLOT.--The election officer or the election | 0008| director shall oversee the preparation and printing of the ballots for a | 0009| conservancy district election. Ballots shall be prepared and printed at | 0010| the expense of the conservancy district. The election officer or the | 0011| election director shall oversee the preparation of a separate ballot for | 0012| each county within the conservancy district or the preparation of one | 0013| ballot for use within the entire conservancy district. The board of | 0014| directors shall approve the form of the ballot. The ballot shall | 0015| contain the numbered position or positions, as the case may be, to which | 0016| directors are to be elected at the election, with the names of all | 0017| candidates for each position listed under that designation." | 0018| Section 14. Section 73-14-31 NMSA 1978 (being Laws 1975, Chapter | 0019| 262, Section 14) is amended to read: | 0020| "73-14-31. ABSENTEE VOTING BY BALLOT PERMITTED-- PROCEDURE.-- | 0021| A. In any election of officers of the conservancy district, | 0022| a qualified elector shall be entitled to vote by absentee ballot. An | 0023| absentee ballot shall be furnished by the election director in a form | 0024| prescribed by the board of directors. The election director shall also | 0025| furnish to each qualified elector requesting an absentee ballot an | 0001| official inner envelope for use in sealing the completed absentee ballot | 0002| and an official outer envelope for use in returning the inner envelope | 0003| to the election director. No absentee ballot shall be delivered or | 0004| mailed to any person other than the applicant for the ballot. | 0005| B. A qualified elector voting by absentee ballot shall | 0006| secretly mark his ballot, place it in the official inner envelope and | 0007| securely seal the envelope. The qualified elector shall place the inner | 0008| envelope inside the outer envelope and securely seal the envelope. The | 0009| qualified elector shall then sign his name and address on the outer | 0010| envelope and deliver or mail it to the election director or the election | 0011| officer. | 0012| C. Absentee ballots shall be distributed by the election | 0013| director or the election officer during the regular hours and days of | 0014| business from the twentieth day preceding the election up until 5:00 | 0015| p.m. on the Saturday immediately prior to the date of the election. | 0016| D. No absentee ballot shall be counted unless it is received | 0017| by the secretary of the board of directors prior to the closing of the | 0018| polls. | 0019| E. An absentee ballot received after the closing of the | 0020| polls on the day of the election shall not be collected by the absent | 0021| voter precinct board but shall be preserved by the conservancy district | 0022| until the time for election contests has expired. In the absence of a | 0023| court order after expiration of the time for election contests, the | 0024| conservancy district shall destroy all late official mailing envelopes | 0025| without opening them or permitting the contents to be examined, cast, | 0001| counted or canvassed. Before their destruction, the election director | 0002| shall count the number of late ballots from voters of the conservancy | 0003| district and report the number to the election officer and the secretary | 0004| of state. | 0005| F. Prior to the delivery of the absentee ballots to the | 0006| absent voter precinct board, the absentee ballots shall be held unopened | 0007| at the absentee voter precinct in a locked ballot box. At the close of | 0008| the polls on election day, the absent voter precinct board shall obtain | 0009| the absentee ballot box from the election director and tally the | 0010| absentee ballots. The presiding judge shall have authority to unlock | 0011| the absentee ballot box. | 0012| G. Absentee ballots shall be counted and tallied as are | 0013| other ballots for the conservancy district election." | 0014| Section 15. A new Section 73-14-31.1 NMSA 1978 is enacted to | 0015| read: | 0016| "73-14-31.1. ABSENTEE BALLOT APPLICATION.-- | 0017| A. Application by a qualified elector for an absentee ballot | 0018| shall be made on the official form prescribed by the board of directors | 0019| and printed and furnished by the election director. The form shall | 0020| identify the applicant and contain information to establish his | 0021| qualification as a qualified elector for issuance of an absentee ballot. | 0022| Each application for an absentee ballot shall be subscribed and sworn to | 0023| by the applicant. | 0024| B. The election director shall mark each completed absentee | 0025| ballot application with the date and time of receipt and enter the | 0001| required information in the absentee ballot qualified elector list. The | 0002| election director shall then determine if the applicant is a qualified | 0003| elector. | 0004| C. If the applicant is not listed in the qualified elector | 0005| list, an absentee ballot shall not be issued and the election director | 0006| shall mark the application "rejected" and file the application in a | 0007| separate file from those accepted. | 0008| D. The election director shall notify in writing each | 0009| applicant of the fact of acceptance or rejection of his application and, | 0010| if rejected, shall state the reason for rejection. | 0011| E. If the election director determines that the applicant is | 0012| a qualified elector, the election director shall mark the application | 0013| "accepted" and deliver or mail to the applicant an absentee ballot and | 0014| the required envelopes for use in returning the ballot to the absent | 0015| voter precinct." | 0016| Section 16. A new Section 73-14-31.2 NMSA 1978 is enacted to | 0017| read: | 0018| "73-14-31.2. HANDLING OF ABSENTEE BALLOTS BY ABSENT VOTER | 0019| PRECINCT BOARD.-- | 0020| A. The absent voter precinct board shall select one member | 0021| to serve as presiding judge. The election director shall appoint a | 0022| special deputy to serve at the absent voter precinct. | 0023| B. Upon receipt of the absentee ballots by the absent voter | 0024| precinct board, the special deputy shall remain in the polling place of | 0025| the absent voter precinct until he has observed the opening of the | 0001| official mailing envelope, the deposit of the ballot in the locked | 0002| ballot box marked for the conservancy district election and the listing | 0003| of the names on the official mailing envelope in the signature rosters. | 0004| Upon delivery of the absentee ballots, the special deputy shall obtain a | 0005| receipt executed by the presiding judge and each election judge | 0006| appointed to the absent voter precinct board. The special deputy shall | 0007| return the receipt to the election director for filing. The receipts | 0008| shall specify the number of envelopes received by the special deputy for | 0009| each absent voter precinct of the conservancy district and the number of | 0010| envelopes received by the absent voter precinct board from the special | 0011| deputy. | 0012| C. Before opening any official mailing envelope, the | 0013| presiding judge and the election judges shall determine if the required | 0014| information has been completed on the reverse side of the official | 0015| mailing envelope. | 0016| D. If the voter's signature is missing, the presiding judge | 0017| shall write "rejected" on the front of the official mailing envelope. | 0018| The election judges shall enter the voter's name in the signature | 0019| rosters and shall write the notation "rejected--missing signature" in | 0020| the notations column of the signature rosters. The presiding judge | 0021| shall place the official mailing envelope unopened in an envelope | 0022| provided for rejected ballots for the conservancy district, seal the | 0023| envelope and write the voter's name on the front of the envelope and | 0024| deposit it in the locked ballot box. | 0025| E. At 5:00 p.m. on the Monday immediately preceding the date | 0001| of election, the election officer or election director shall record the | 0002| numbers of the unused absentee ballots for the conservancy district and | 0003| shall publicly destroy in the conservancy office all of the unused | 0004| ballots. The election officer or election director shall execute a | 0005| certificate of destruction, which shall include the numbers on the | 0006| ballots destroyed. A copy of the certificate of destruction shall be | 0007| sent to the board of directors of the conservancy district and the | 0008| secretary of state." | 0009| Section 17. A new section of Chapter 73, Article 14 NMSA 1978 is | 0010| enacted to read: | 0011| ELECTIONS FOR CERTAIN DISTRICTS--COUNTING BALLOTS-- CERTIFICATION | 0012| OF RESULTS TO THE BOARD.--For conservancy districts having more than one | 0013| hundred thousand acres within the district, the presiding judge of each | 0014| polling place within that district shall, not more than six hours after | 0015| the polls have closed, deliver to the election director a certified copy | 0016| of the certificate of returns. Not more than twenty-four hours after | 0017| the polls have closed, the election director shall deliver a certified | 0018| copy of the certificate of returns to the board of directors." | 0019| Section 18. REPEAL.--Section 73-14-32 NMSA 1978 (being Laws 1975, | 0020| Chapter 262, Section 15) is repealed. | 0021| Section 19. EMERGENCY.--It is necessary for the public peace, | 0022| health and safety that this act take effect immediately. | 0023| | 0024| | 0025| HB | 0001| 651 | 0002| Page  |