0001| HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 865 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO ELECTIONS; EXPANDING THE ABSENT VOTER ACT AND | 0013| REPEALING THE ABSENTEE-EARLY VOTER ACT; CLARIFYING FILING | 0014| REQUIREMENTS FOR COUNTY OFFICE CANDIDATES; CLARIFYING | 0015| NOMINATING PETITION SIGNATURE REQUIREMENTS; ELIMINATING THE | 0016| OPTION OF WRITE-IN CANDIDACIES DURING A PRIMARY OR GENERAL | 0017| ELECTION; PRESCRIBING CERTAIN ELECTION FORMS; AMENDING, | 0018| REPEALING AND ENACTING SECTIONS OF THE ELECTION CODE. | 0019| | 0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0021| Section 1. Section 1-6-2 NMSA 1978 (being Laws 1987, | 0022| Chapter 327, Section 6, as amended) is amended to read: | 0023| "1-6-2. DEFINITIONS.--As used in the Absent Voter Act: | 0024| A. "absent uniformed services voter" means: | 0025| (1) a member of a uniformed service on active | 0001| duty who, by reason of such active duty, is absent from the | 0002| place of residence where the member is otherwise qualified to | 0003| vote; | 0004| (2) a member of the merchant marine who, by | 0005| reason of service in the merchant marine, is absent from the | 0006| place of residence where the member is otherwise qualified to | 0007| vote; or | 0008| (3) a spouse or dependent of a member referred | 0009| to in Paragraphs (1) and (2) of this subsection who, by reason | 0010| of the active duty or service of the member, is absent from the | 0011| place of residence where the spouse or dependent is otherwise | 0012| qualified to vote; | 0013| B. "election" means any statewide election, general | 0014| election, primary election or special election to fill | 0015| vacancies in the office of United States representative and | 0016| regular or special school district elections [except as | 0017| modified by the school election law]; | 0018| C. "electronic ballot" means a paper ballot or | 0019| ballot face designed to be used on an electronic voting machine | 0020| to cast votes; | 0021| D. "electronic voting machine" means a computer- | 0022| controlled machine designed to electronically record and | 0023| tabulate votes cast; | 0024| [C.] E. "federal office" means the office of | 0025| president, vice president or [of a] senator or representative | 0001| in congress; | 0002| [D.] F. "federal qualified elector" means: | 0003| (1) an absent uniformed services voter; or | 0004| (2) an absent uniformed [service] services voter | 0005| who, by reason of active duty or service, is absent from the | 0006| United States on the date of the election involved; | 0007| [E. "marksense ballot" means a paper ballot card used | 0008| on an optical-scan vote-tabulating machine; | 0009| F.] G. "member of the merchant marine" means an | 0010| individual other than a member of a uniformed service or an | 0011| individual employed, enrolled or maintained on the Great Lakes or | 0012| the inland waterways who: | 0013| (1) is employed as an officer or crew member of | 0014| a vessel documented under the laws of the United States, a vessel | 0015| owned by the United States or a vessel of a foreign-flag registry | 0016| under charter to or control of the United States; or | 0017| (2) is enrolled with the United States for | 0018| employment or training for employment or maintained by the United | 0019| States for emergency relief service as an officer or crew member | 0020| of any such vessel; | 0021| [G.] H. "overseas voter" means: | 0022| (1) a person who resides outside the United | 0023| States and is qualified to vote in the last place in which the | 0024| person was domiciled before leaving the United States; or | 0025| (2) a person who resides outside the United | 0001| States and, but for such residence, would be qualified to vote in | 0002| the last place in which the person was domiciled before leaving | 0003| the United States; and | 0004| [H.] I. "uniformed services" means the army, navy, air | 0005| force, marine corps and coast guard and the commissioned corps of | 0006| the national oceanic and atmospheric administration." | 0007| Section 2. Section 1-6-3 NMSA 1978 (being Laws 1969, | 0008| Chapter 240, Section 129, as amended by Laws 1993, Chapter 19, | 0009| Section 1 and also by Laws 1993, Chapter 21, Section 1) is amended | 0010| to read: | 0011| "1-6-3. RIGHT TO VOTE BY ABSENTEE BALLOT[--RIGHT TO VOTE].- | 0012| - | 0013| A. Any voter may vote by absentee ballot for all | 0014| candidates and on all questions appearing on the ballot [at his | 0015| precinct poll] as if he were able to cast his ballot in person at | 0016| [the precinct poll] his regular polling place on election day. | 0017| B. Any federal qualified elector may register absentee | 0018| and vote by an absentee ballot for any federal office." | 0019| Section 3. Section 1-6-4 NMSA 1978 (being Laws 1969, | 0020| Chapter 240, Section 130, as amended by Laws 1993, Chapter 19, | 0021| Section 2 and by Laws 1993, Chapter 20, Section 1 and by Laws | 0022| 1993, Chapter 21, Section 2 and by Laws 1993, Chapter 314, Section | 0023| 42 and also by Laws 1993, Chapter 316, Section 42) is amended to | 0024| read: | 0025| "1-6-4. ABSENTEE BALLOT APPLICATION.-- | 0001| A. Application by a federal qualified elector for an | 0002| absentee ballot shall be made on the official postcard form | 0003| prescribed or authorized by the federal government to the county | 0004| clerk of the county of his residence. | 0005| B. Application by a voter for an absentee ballot shall | 0006| be made only on a form prescribed, printed and furnished by the | 0007| secretary of state to the county clerk of the county in which [he] | 0008| the voter resides. The form shall identify the applicant and | 0009| contain information to establish his qualification for issuance of | 0010| an absentee ballot under the Absent Voter Act. | 0011| C. Each application for an absentee ballot shall be | 0012| subscribed by the applicant." | 0013| Section 4. Section 1-6-4.1 NMSA 1978 (being Laws 1987, | 0014| Chapter 327, Section 9) is amended to read: | 0015| "1-6-4.1. FEDERAL WRITE-IN ABSENTEE BALLOT FOR OVERSEAS | 0016| VOTERS IN GENERAL ELECTIONS FOR FEDERAL OFFICES.-- | 0017| A. Except as provided in Subsection C of this section, | 0018| a federal write-in absentee ballot for federal offices in a | 0019| general election shall be processed in the same manner as provided | 0020| by law for other absentee ballots. | 0021| B. In completing the ballot, the overseas voter may | 0022| designate a candidate by writing in the name of the candidate or | 0023| by writing in the name of a political party, in which case the | 0024| ballot shall be counted for all candidates of that political party | 0025| for federal office. Any abbreviation, misspelling or other minor | 0001| variation in the form of the name of a candidate or a political | 0002| party shall be disregarded in determining the validity of the | 0003| ballot if the intention of the overseas voter can be ascertained. | 0004| C. A federal write-in absentee ballot of an overseas | 0005| voter shall not be counted if: | 0006| (1) the ballot is submitted from any location in | 0007| the United States; | 0008| (2) the application of the overseas voter for [a | 0009| New Mexico] an absentee ballot is received by the county clerk | 0010| less than thirty days before the election; or | 0011| (3) the [New Mexico] absentee ballot of the | 0012| overseas voter is received by the county clerk later than [seven] | 0013| 7:00 p.m. on election day." | 0014| Section 5. Section 1-6-5 NMSA 1978 (being Laws 1969, | 0015| Chapter 240, Section 131, as amended by Laws 1993, Chapter 314, | 0016| Section 43 and also by Laws 1993, Chapter 316, Section 43) is | 0017| amended to read: | 0018| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT-- | 0019| [MAKING] MARKING AND DELIVERY OF BALLOT IN PERSON.-- | 0020| A. The county clerk shall mark each completed absentee | 0021| ballot application with the date and time of receipt in the | 0022| clerk's office and enter the required information in the absentee | 0023| ballot register. The county clerk shall then determine if the | 0024| applicant is a voter, an absent uniformed services voter or an | 0025| overseas voter. | 0001| B. If the applicant has no valid certificate of | 0002| registration on file in the county and he is not a federal | 0003| qualified elector or if the applicant states he is a federal | 0004| qualified elector but his application indicates he is not a | 0005| federal qualified elector, no absentee ballot shall be issued. | 0006| [and] The county clerk shall mark the application "rejected" and | 0007| file the application in a separate file from those accepted. | 0008| C. The county clerk shall notify in writing each | 0009| applicant of the fact of acceptance or rejection of his | 0010| application and, if rejected, shall explain why the application | 0011| was rejected. | 0012| D. If the county clerk finds that the applicant is | 0013| [determined to be] a voter or a federal qualified elector, the | 0014| county clerk shall mark the application "accepted" and deliver an | 0015| absentee ballot to the voter in the county clerk's office or mail | 0016| to the applicant an absentee ballot and the required envelopes for | 0017| use in returning the ballot. Acceptance of an application of a | 0018| federal qualified elector constitutes registration for the | 0019| election in which the ballot is to be cast. Acceptance of an | 0020| application from an overseas voter who is not an absent uniformed | 0021| services voter constitutes a request for changing information on | 0022| the certificate of registration of any such voter. No absent | 0023| voter shall be permitted to change his party affiliation during | 0024| those periods when change of party affiliation is prohibited by | 0025| the Election Code. Upon delivery of an absentee ballot to a voter | 0001| in the county clerk's office or mailing of an absentee ballot to | 0002| any applicant who is a voter, an appropriate designation shall be | 0003| made on the signature line of the signature roster next to the | 0004| name of the [person] voter who has been [sent] provided or mailed | 0005| an absentee ballot. | 0006| E. If an application for an absentee ballot is | 0007| delivered in person to the county clerk and is accepted, the | 0008| county clerk shall [deliver the] provide the voter an absentee | 0009| ballot and it shall be marked by the applicant in a voting booth | 0010| of a type prescribed by the secretary of state [in the | 0011| courthouse], sealed in the proper envelopes and otherwise properly | 0012| executed and returned to the county clerk or his authorized | 0013| representative before the [applicant] voter leaves the office of | 0014| the county clerk. The act of marking the absentee ballot in the | 0015| office of the county clerk shall be a convenience to the voter in | 0016| the delivery of the absentee ballot and does not make the office | 0017| of the county clerk a polling place subject to the requirements of | 0018| a polling place in the Election Code other than is provided in | 0019| this subsection. It shall be unlawful to solicit votes, display | 0020| or otherwise make accessible any posters, signs or other forms of | 0021| campaign literature whatsoever in the clerk's office. Absentee | 0022| ballots may be marked in person during the regular hours and days | 0023| of business at the county clerk's office from 8:00 a.m. on the | 0024| fortieth day preceding the election up until 5:00 p.m. on the | 0025| Saturday immediately prior to the date of the election. | 0001| F. Commencing with the twentieth day prior to an | 0002| election, an absent voter may vote in person at the county clerk's | 0003| office or on an electronic voting machine at an alternate location | 0004| established by the county clerk. In class A counties, the county | 0005| clerk shall establish not less than four alternate locations as a | 0006| convenience to the voters. Absentee voting may be done at the | 0007| county clerk's office or alternate location during the regular | 0008| hours of business from 8:00 a.m. on the twentieth day prior to the | 0009| election until 5:00 p.m. on the Saturday immediately prior to the | 0010| election. The county clerk shall ensure that procedures | 0011| established for processing an absent voter application and for | 0012| voting by absentee ballot are complied with at an alternate | 0013| location. | 0014| G. In marking the absentee ballot, the voter may be | 0015| assisted by one person of the voter's [own] choice [upon the | 0016| execution with the county clerk of an affidavit for assistance | 0017| stating therein that the voter meets at least one of the | 0018| conditions for receiving such assistance as is set forth by the | 0019| provisions of Section 1-12-12 NMSA 1978]. | 0020| [F.] H. Absentee ballots shall be air mailed to | 0021| applicants temporarily domiciled inside or outside the continental | 0022| limits of the United States not later than on the Thursday | 0023| immediately prior to the date of the election. | 0024| [G.] I. No absentee ballot shall be delivered or | 0025| mailed by the county clerk to any person other than the applicant | 0001| for such ballot. | 0002| [H.] J. The county clerk shall accept and process with | 0003| respect to a primary or general election for any federal office, | 0004| any otherwise valid voter registration application from an absent | 0005| uniformed services voter or overseas voter if the application is | 0006| received not less than thirty days before the election. The | 0007| county clerk shall also accept and process federal write-in | 0008| absentee ballots from overseas voters in general elections for | 0009| federal offices in accordance with the provisions of Section 103 | 0010| of the federal Uniformed and Overseas Citizens Absentee Voting | 0011| Act. | 0012| K. The secretary of state and each county clerk shall | 0013| make reasonable efforts to publicize and inform voters of the | 0014| times and locations for absentee voting." | 0015| Section 6. A new section of the Absent Voter Act is enacted | 0016| to read: | 0017| "[NEW MATERIAL] PREPARATION OF ELECTRONIC VOTING MACHINES.- | 0018| - | 0019| A. Five days before an electronic voting machine is | 0020| used for absentee voting as provided in Section 1-6-9.1 NMSA 1978, | 0021| the county clerk may begin to prepare, inspect and seal the voting | 0022| machine in accordance with the specifications for electronic | 0023| voting machines adopted by the secretary of state. | 0024| B. One day before any electronic voting machine is | 0025| used for absentee voting, the county clerk shall certify to the | 0001| secretary of state and all county party chairmen the type and | 0002| serial number of each voting machine to be used." | 0003| Section 7. Section 1-6-5.2 NMSA 1978 (being Laws 1991, | 0004| Chapter 105, Section 11) is amended to read: | 0005| "1-6-5.2. SECRETARY OF STATE--EMERGENCY AUTHORITY.-- | 0006| [Because of the activation of the New Mexico national guard and | 0007| reserve units and the call to active duty of many individual | 0008| reservists for military duty overseas and in order to prevent such | 0009| citizens from being technically disenfranchised] The secretary of | 0010| state shall have emergency authority to prescribe by regulation: | 0011| A. procedures to accommodate the special absentee | 0012| ballot requirements brought on by [operation desert storm in | 0013| providing absentee ballots] activation of the New Mexico national | 0014| guard and reserve units or for individuals who are overseas | 0015| voters; | 0016| B. provisions for a special write-in absentee ballot | 0017| available at least ninety days prior to an election to cover | 0018| candidates for federal [and state] offices; and | 0019| C. provisions to allow one absentee ballot request to | 0020| cover the automatic mailing of absentee ballots for each primary, | 0021| general or statewide election during the same election year." | 0022| Section 8. Section 1-6-6 NMSA 1978 (being Laws 1969, | 0023| Chapter 240, Section 132, as amended) is amended to read: | 0024| "1-6-6. ABSENTEE BALLOT REGISTER.-- | 0025| A. For each election, the county clerk shall keep an | 0001| "absentee ballot register", in which he shall enter: | 0002| (1) the name and [county] address of each | 0003| absentee ballot applicant; | 0004| (2) the date and time of receipt of the | 0005| application; | 0006| (3) whether the application was accepted or | 0007| rejected; | 0008| (4) the date of delivery of an absentee ballot | 0009| in the county clerk's office or at an alternate location or the | 0010| mailing of an absentee ballot to the applicant; | 0011| (5) the applicant's precinct; | 0012| (6) whether the applicant is a voter, a federal | 0013| voter, a federal qualified elector or an overseas citizen voter; | 0014| and | 0015| (7) the date and time the completed absentee | 0016| ballot was received from the applicant by the county clerk, or the | 0017| absent voter voted in the county clerk's office or at an alternate | 0018| location. | 0019| B. Within twenty-four hours after receipt of a voter's | 0020| application for an absentee ballot, the county clerk shall mail | 0021| either the ballot or a notice of rejection to the applicant. | 0022| C. The absentee ballot register is a public record | 0023| open to public inspection in the county clerk's office during | 0024| regular office hours. | 0025| D. The county clerk shall deliver to the [absentee] | 0001| absent voter precinct board on election day a complete list of all | 0002| absentee ballot applicants with applicable information shown in | 0003| the absentee ballot register for each applicant up to noon of the | 0004| day preceding the election. The county clerk shall deliver a | 0005| signature roster containing the same information as the lists to | 0006| the [absentee] absent voter precinct board. | 0007| E. The county clerk shall transmit to the secretary of | 0008| state and to the county chairman of each of the major political | 0009| parties in the county a complete copy of entries made in the | 0010| absentee ballot register. Such transmissions shall be made once | 0011| each week beginning four weeks immediately prior to the election. | 0012| A final copy shall be transmitted on the Friday immediately | 0013| following the election." | 0014| Section 9. Section 1-6-7 NMSA 1978 (being Laws 1969, | 0015| Chapter 240, Section 133, as amended) is amended to read: | 0016| "1-6-7. FORM OF ABSENTEE BALLOT.--As soon as candidates and | 0017| questions to be voted upon have been determined for each election, | 0018| the county clerk shall procure a supply of suitable absentee | 0019| ballots. The absentee [ballot] ballots shall be numbered and | 0020| shall be, as nearly as practicable, in the same form as prescribed | 0021| by the secretary of state for emergency ballots. However, to | 0022| reduce weight and bulk for transport of absentee ballots, the size | 0023| and weight of the paper for envelopes, ballots and instructions | 0024| shall be reduced as much as possible. Absentee ballots shall be | 0025| printed at least forty days prior to the date of a primary | 0001| election and forty-nine days prior to the date of a general | 0002| election. Absentee ballots for any other election shall be | 0003| printed at least thirty-five days prior to the date of the | 0004| election." | 0005| Section 10. Section 1-6-8 NMSA 1978 (being Laws 1969, | 0006| Chapter 240, Section 134, as amended) is amended to read: | 0007| "1-6-8. ABSENTEE BALLOT ENVELOPES.-- | 0008| A. The secretary of state shall prescribe the form of, | 0009| procure and distribute to each county clerk a supply of: | 0010| (1) official inner envelopes for use in sealing | 0011| the completed absentee ballot; | 0012| (2) official mailing envelopes for use in | 0013| returning the official inner envelope to the county clerk; | 0014| (3) absentee ballot instructions, describing | 0015| proper methods for completion of the absentee ballot and returning | 0016| it; and | 0017| (4) official transmittal envelopes for use by | 0018| the county clerk in mailing absentee ballot materials. | 0019| B. Official transmittal envelopes and official mailing | 0020| envelopes for transmission of absentee ballot materials to and | 0021| from the county clerk and federal qualified electors shall be | 0022| printed in red in the form prescribed by the federal Uniformed and | 0023| Overseas Citizens Absentee Voting Act. Official transmittal | 0024| envelopes and official mailing envelopes for transmission of | 0025| absentee ballot materials to and from the county clerk and voters | 0001| shall be printed in black in substantially similar form. All | 0002| official inner envelopes shall be printed in black. | 0003| C. The reverse of each official mailing envelope shall | 0004| contain a form to be executed by the person completing the | 0005| absentee ballot. The form shall identify the [person] voter and | 0006| shall contain the following statement: "I will not vote in this | 0007| election other than by the enclosed ballot. I will not receive or | 0008| offer any compensation or reward for giving or withholding any | 0009| vote."." | 0010| Section 11. Section 1-6-9 NMSA 1978 (being Laws 1969, | 0011| Chapter 240, Section 135, as amended) is amended to read: | 0012| "1-6-9. MANNER OF VOTING BY ABSENTEE BALLOT.-- | 0013| A. Any person voting under provisions of the Absent | 0014| Voter Act shall secretly mark his absentee ballot in the manner | 0015| provided in the Election Code for marking emergency paper ballots, | 0016| place it in the official inner envelope and securely seal the | 0017| envelope. The voter shall then place the official inner envelope | 0018| inside the official mailing envelope and securely seal the | 0019| envelope. The voter shall then complete the form on the reverse | 0020| of the official mailing envelope, which shall include an | 0021| affirmation by the voter under penalty of perjury that the facts | 0022| stated in the form are true. | 0023| B. Federal qualified electors shall either deliver or | 0024| mail the official mailing envelope to the county clerk of their | 0025| county of residence or deliver it to a person designated by | 0001| federal authority to receive executed ballots for transmission to | 0002| the county clerk of the county of residence or former residence as | 0003| the case may be. Voters shall either deliver or mail the official | 0004| mailing envelope to the county clerk of their county of | 0005| residence." | 0006| Section 12. Section 1-6-9.1 NMSA 1978 (being Laws 1991, | 0007| Chapter 105, Section 13, as amended) is amended to read: | 0008| "1-6-9.1. [USING THE MARKSENSE] VOTING BY ELECTRONIC | 0009| BALLOT.--[Any person] An absent voter voting on [the marksense] an | 0010| electronic ballot shall secretly mark the ballot [by completing | 0011| the arrow ( ) ( ) in pencil directly to the right of the | 0012| candidate's name or the proposed question. The voter shall then | 0013| place the marked ballot in the official inner envelope and | 0014| securely seal the envelope and then place the official inner | 0015| envelope inside the official mailing envelope and securely seal | 0016| the envelope. The voter shall then complete the form on the | 0017| reverse of the official mailing envelope] in accordance with the | 0018| instructions on that ballot, and any votes cast shall be recorded | 0019| on an electronic voting machine. | 0020| Section 13. Section 1-6-10 NMSA 1978 (being Laws 1969, | 0021| Chapter 240, Section 136, as amended) is amended to read: | 0022| "1-6-10. RECEIPT OF ABSENTEE BALLOTS BY CLERK.-- | 0023| A. The county clerk shall mark on each completed | 0024| official mailing envelope the date and time of receipt in the | 0025| clerk's office, record this information in the absentee ballot | 0001| register and safely keep the official mailing envelope unopened in | 0002| a locked ballot box, except as provided in Subsection H of Section | 0003| 1-6-14 NMSA 1978, until it is delivered on election day to the | 0004| proper absent voter precinct board or until it is canceled and | 0005| destroyed in accordance with law. | 0006| B. The county clerk shall accept completed official | 0007| mailing envelopes until 7:00 p.m. on election day. Any completed | 0008| official mailing envelope received after that time shall not be | 0009| delivered to a precinct board but shall be preserved by the county | 0010| clerk until the time for election contests has expired. In the | 0011| absence of a restraining order after expiration of the time for | 0012| election contests, the county clerk shall destroy all late | 0013| official mailing envelopes without opening or permitting the | 0014| contents to be examined, cast, counted or canvassed. Before their | 0015| destruction, the county clerk shall count the numbers of late | 0016| absentee ballots from voters, federal voters, overseas citizen | 0017| voters and federal qualified electors and report the number from | 0018| each category to the secretary of state. | 0019| C. At 5:00 p.m. on the Monday immediately preceding | 0020| the date of election, the county clerk shall record the numbers of | 0021| the unused absentee ballots and shall publicly destroy in the | 0022| county clerk's office all such unused ballots. The county clerk | 0023| shall execute a certificate of [such] destruction, which shall | 0024| include the numbers on the absentee ballots destroyed. A copy of | 0025| the certificate of destruction shall be sent to the secretary of | 0001| state." | 0002| Section 14. Section 1-6-11 NMSA 1978 (being Laws 1969, | 0003| Chapter 240, Section 137, as amended) is amended to read: | 0004| "1-6-11. DELIVERY OF ABSENTEE BALLOTS TO ABSENT VOTER | 0005| PRECINCTS.-- | 0006| A. On election day, the county clerk shall deliver the | 0007| absentee ballots received by him prior to 7:00 p.m. on election | 0008| day to the special deputy county clerks for delivery to the absent | 0009| voter precinct boards. The absentee ballots for each absent voter | 0010| precinct shall be separately wrapped, and the special deputy | 0011| county clerk shall receipt for all ballots taken by him for the | 0012| county clerk. Upon delivery of the absentee ballots to the absent | 0013| voter precinct board, the special deputy county clerk shall remain | 0014| in the polling place of the absent voter precinct until he has | 0015| observed the opening of the official mailing envelope, the deposit | 0016| of the ballot in the locked ballot box and the listing of the | 0017| names on the official mailing envelope in the signature rosters. | 0018| Upon such delivery of absentee ballots, the special deputy county | 0019| clerk shall obtain a receipt executed by the presiding judge and | 0020| each election judge and he shall return such receipt to the county | 0021| clerk for filing. The receipts shall specify the number of | 0022| envelopes received by the special deputy county clerk from the | 0023| county clerk for each absent voter precinct and the number of | 0024| envelopes received by the absent voter precinct board from the | 0025| special deputy county clerk. | 0001| B. At 7:00 a.m. on election day the county clerk shall | 0002| deliver any electronic voting machine used for absentee voting to | 0003| the absent voter precinct board. A special deputy county clerk | 0004| shall issue a receipt for the voting machine. Upon delivery of | 0005| any voting machine, the special deputy shall obtain a receipt | 0006| executed by the presiding judge and each election judge specifying | 0007| the serial number of the machine and the number of votes recorded | 0008| on the machine, and he shall return the receipt to the county | 0009| clerk for filing. Thereafter, the absent voter precinct board | 0010| shall proceed as specified in Sections 1-6-1 through 1-6-25 NMSA | 0011| 1978." | 0012| Section 15. Section 1-6-14 NMSA 1978 (being Laws 1971, | 0013| Chapter 317, Section 11, as amended) is amended to read: | 0014| "1-6-14. HANDLING ABSENTEE BALLOTS BY ABSENT VOTER PRECINCT | 0015| BOARDS.-- | 0016| A. Before opening any official mailing envelope, the | 0017| presiding election judge and the election judges shall determine | 0018| that the required information has been completed on the reverse | 0019| side of the official mailing envelope. | 0020| B. If the voter's signature is missing, the presiding | 0021| election judge shall write "Rejected" on the front of the official | 0022| mailing envelope. The election clerks shall enter the voter's | 0023| name in the signature rosters and shall write the notation | 0024| "Rejected--Missing Signature" in the "Notations" column of the | 0025| signature rosters. The presiding election judge shall place the | 0001| official mailing envelope unopened in an envelope provided for | 0002| rejected ballots, seal the envelope and write the voter's name on | 0003| the front of the envelope and deposit it in the locked ballot box. | 0004| C. The accredited challengers may examine the official | 0005| mailing envelope and may challenge the ballot of any absent voter | 0006| for the following reasons: | 0007| (1) the official mailing envelope has been | 0008| opened prior to being received by the absent voter precinct board; | 0009| or | 0010| (2) the person offering to vote is not a federal | 0011| voter, federal qualified elector, overseas citizen voter or voter | 0012| as provided in the Election Code. | 0013| Upon the challenge of an absentee ballot, the election | 0014| judges and the presiding election judge shall follow the same | 0015| procedure as when ballots are challenged when a person attempts to | 0016| vote in person. If a challenge is upheld, the official mailing | 0017| envelope shall not be opened but shall be placed in an envelope | 0018| provided for challenged ballots. The same procedure shall be | 0019| followed in canvassing and determining the validity of challenged | 0020| absentee ballots as with other challenged ballots. | 0021| D. If the official mailing envelopes have been | 0022| properly subscribed and the voters have not been challenged: | 0023| (1) the election judges shall open the official | 0024| mailing envelopes and deposit the ballots in their still-sealed | 0025| official inner envelopes in the locked ballot box; and | 0001| (2) the election clerks shall enter the | 0002| absent voter's name and residence address as shown on the official | 0003| mailing envelope in the signature rosters and shall mark the | 0004| notation "AB" opposite the voter's name in the "Notations" column | 0005| of the signature rosters. | 0006| E. Prior to the closing of the polls, the election | 0007| judges and the presiding election judge may either remove the | 0008| absentee ballots from the official inner envelopes and count and | 0009| tally the results of absentee balloting or, under the personal | 0010| supervision of the presiding election judge and one election judge | 0011| from each party, [register the results of each absentee ballot on | 0012| a] count and tally the absentee ballots on an electronic voting | 0013| machine the same as if the absent voter had been present and voted | 0014| in person. It [shall be] is unlawful for any person to disclose | 0015| the results of [such] a count and tally [or such registration on a | 0016| voting machine] of absentee ballots prior to the closing of the | 0017| polls. | 0018| F. Absentee ballots shall be counted and tallied [or | 0019| registered] on [a lever voting machine or] an electronic voting | 0020| machine as provided in the Election Code [provided that any county | 0021| with a population in excess of one hundred thousand shall count | 0022| and tally or register absentee ballots on an electronic voting | 0023| machine]. | 0024| G. Absent voter precinct polls shall close at the time | 0025| prescribed by the Election Code for other polling places, and the | 0001| results of the election shall be certified as prescribed by the | 0002| secretary of state. | 0003| H. The county clerk may convene the absent voter | 0004| precinct board no more than seven days before the day of the | 0005| election to begin processing absentee ballots; provided that the | 0006| absent voter precinct board shall open only the official mailing | 0007| envelopes and sort the absentee ballots by legislative district | 0008| and shall not open any official inner envelope or count and | 0009| canvass any absentee ballot prior to the day of the election." | 0010| Section 16. Section 1-6-15 NMSA 1978 (being Laws 1977, | 0011| Chapter 222, Section 13, as amended) is amended to read: | 0012| "1-6-15. CANVASS--RECOUNT OR RECHECK--DISPOSITION.--[Where | 0013| no] If voting machines are not used to register absentee ballots, | 0014| [such] the absentee ballots shall be canvassed, recounted and | 0015| disposed of in the manner provided by the Election Code for the | 0016| canvassing, recounting and disposition of emergency paper ballots. | 0017| [Where] If voting machines are used to register absentee ballots, | 0018| such ballots shall be canvassed and rechecked in the manner | 0019| provided by the Election Code for the canvassing and recheck of | 0020| ballots cast on a voting machine; provided, in the event of a | 0021| contest, voting machines used to register absentee ballots shall | 0022| not be rechecked, but the absentee ballots shall be recounted in | 0023| the manner provided by the Election Code for the recounting of | 0024| emergency paper ballots. As used in this section, "voting | 0025| machines" means [lever voting machines or] electronic voting | 0001| machines as provided in the Election Code." | 0002| Section 17. Section 1-6-16 NMSA 1978 (being Laws 1969, | 0003| Chapter 240, Section 141, as amended by Laws 1989, Chapter 368, | 0004| Section 2 and also by Laws 1989, Chapter 392, Section 15) is | 0005| amended to read: | 0006| "1-6-16. VOTING IN PERSON PROHIBITED.-- | 0007| A. Except as provided in Section 1-6-16.1 NMSA 1978, | 0008| no person who has been issued an [absent voter] absentee ballot | 0009| shall vote in person at his precinct poll. | 0010| B. At any time prior to 5:00 p.m. on the Monday | 0011| immediately preceding the date of the election, any person whose | 0012| absentee ballot application has been accepted and who was mailed | 0013| an absentee ballot but who has not received the absentee ballot | 0014| may execute, in the office of the county clerk of the county where | 0015| he is registered to vote, a sworn affidavit stating that he did | 0016| not receive or vote his absentee ballot. Upon receipt of the | 0017| sworn affidavit, the county clerk shall issue the voter a | 0018| replacement absentee ballot. | 0019| C. The secretary of state shall prescribe the form of | 0020| the affidavit and the manner in which the county clerk shall void | 0021| the first ballot mailed to the applicant." | 0022| Section 18. Section 1-6-16.1 NMSA 1978 (being Laws 1989, | 0023| Chapter 368, Section 1, as amended) is amended to read: | 0024| "1-6-16.1. ABSENTEE BALLOT--CONDUCT OF ELECTION--WHEN NOT | 0025| TIMELY RECEIVED--EMERGENCY PROCEDURE FOR VOTING AND COUNTING.-- | 0001| A. Any applicant for an absentee ballot who has not | 0002| received [the] an absentee ballot by mail as of the date of the | 0003| election may present himself at his assigned [precinct] polling | 0004| place and, after executing an affidavit of nonreceipt of absentee | 0005| ballot, shall be permitted to vote on an emergency paper ballot | 0006| [or a marksense ballot]. | 0007| B. The completed ballot shall be placed in an official | 0008| inner envelope substantially as prescribed by Section 1-6-8 NMSA | 0009| 1978 and sealed. The official inner envelope shall then be placed | 0010| in an official envelope substantially as prescribed for a | 0011| transmittal envelope or mailing envelope in Section 1-6-8 NMSA | 0012| 1978. This envelope shall contain a form on its back that | 0013| identifies the voter by name and signature roster number and [the] | 0014| a printed statement to the effect that the voter made application | 0015| for an absentee ballot but had not received it as of the date of | 0016| the election and is permitted to vote by emergency paper ballot | 0017| [or a marksense ballot]. | 0018| C. The presiding election judge shall put all [such] | 0019| absentee ballots in a special envelope provided for that purpose | 0020| by the county clerk, seal it and return it to the county clerk | 0021| along with the machine tally sheets. The sealed envelope shall | 0022| not be put in the locked ballot box. | 0023| D. Upon receipt of the envelope containing [such] | 0024| absentee ballots, the county clerk, no later than forty-eight | 0025| hours after the close of the election, shall remove the | 0001| transmittal envelopes and, without removing or opening the inner | 0002| envelopes, determine [that]: | 0003| (1) [such] if a voter did in fact make | 0004| application for an absentee ballot; and | 0005| (2) [no such] if an absentee ballot was received | 0006| by the county clerk from [the] that voter by 7:00 p.m. on election | 0007| day. | 0008| E. Upon making such determination, the county clerk | 0009| shall remove the inner envelope without opening it, destroy the | 0010| transmittal envelope and place the inner envelope in a secure | 0011| place to be transmitted to the county canvassing board to be | 0012| tallied and included in the canvass of that county for the | 0013| appropriate precinct. | 0014| F. The secretary of state shall prescribe and furnish | 0015| the necessary envelopes for purposes of this section and shall | 0016| adopt rules and regulations deemed necessary to preserve the | 0017| secrecy of the [ballot] emergency paper ballots." | 0018| Section 19. Section 1-6-16.2 NMSA 1978 (being Laws 1993, | 0019| Chapter 353, Section 1) is amended to read: | 0020| "1-6-16.2. ADDITIONAL EMERGENCY PROCEDURE FOR VOTING.-- | 0021| A. After the close of the period for requesting | 0022| absentee [voter] ballots by mail, any voter who is unable to go to | 0023| the polls due to unforeseen illness or disability resulting in his | 0024| confinement in a hospital, sanatorium, nursing home or residence | 0025| and who is unable to vote at his polling place, voting booth or | 0001| voting apparatus or machinery may request in writing that an | 0002| alternative ballot be made available to him. The written request | 0003| shall be signed by the voter and a health care provider under | 0004| penalty of perjury. | 0005| B. The alternative ballot shall be made available by | 0006| the clerk of the county in which the voter resides to any | 0007| authorized representative of the voter who through his | 0008| representative has presented the written request to the office of | 0009| the clerk. | 0010| C. Before releasing the alternative ballot, the county | 0011| clerk shall compare the signature on the written request with the | 0012| signature on the voter's affidavit of registration. If the county | 0013| clerk determines that the signature on the written request is not | 0014| the signature of the voter, he shall reject the request for an | 0015| alternative ballot. | 0016| D. The voter shall mark the alternative ballot, place | 0017| it in an identification envelope similar to that used for absentee | 0018| ballots, fill out and sign the envelope and return the ballot to | 0019| the office of the clerk of the county in which the voter resides | 0020| no later than the time of closing of the polls on election day. | 0021| The voter's name shall be compared to the roster of voters and the | 0022| alternative ballot shall only be counted if there is no signature | 0023| for that voter on the roster of the precinct where that voter's | 0024| name appears. | 0025| E. Alternative ballots shall be processed and counted | 0001| in the same manner as absentee ballots. | 0002| F. The secretary of state shall prescribe the form of | 0003| alternative ballots and shall distribute an appropriate number of | 0004| alternative ballots to each county clerk." | 0005| Section 20. Section 1-6-17 NMSA 1978 (being Laws 1969, | 0006| Chapter 240, Section 142) is amended to read: | 0007| "1-6-17. CANCELLATION OF ABSENTEE BALLOT AT DEATH.--If any | 0008| person voting under the provisions of the Absent Voter Act dies | 0009| after mailing or delivering his absentee ballot to the county | 0010| clerk but before the absentee ballot is [delivered to the deceased | 0011| person's precinct board, his] counted, the official outer envelope | 0012| shall be marked ["cancelled by board of registration"] "canceled" | 0013| and preserved by the county clerk in the same manner as provided | 0014| for other uncast ballots in Subsection B of Section [3-6-10B NMSA | 0015| 1953] 1-6-10 NMSA 1978." | 0016| Section 21. Section 1-6-21 NMSA 1978 (being Laws 1975, | 0017| Chapter 255, Section 93, as amended) is amended to read: | 0018| "1-6-21. CONSOLIDATION OF ABSENT VOTER PRECINCTS.--Absent | 0019| voter precincts may be consolidated [if] by the governing | 0020| authority if it deems it desirable and so directs by resolution." | 0021| Section 22. Section 1-6-23 NMSA 1978 (being Laws 1975, | 0022| Chapter 255, Section 95, as amended) is amended to read: | 0023| "1-6-23. ABSENT VOTER PRECINCT POLLING PLACE--HOURS ON | 0024| ELECTION DAY.--The county clerk or statutorily appointed | 0025| supervisor of the election shall determine the hours in which the | 0001| absent voter precinct polling place shall be open for delivery and | 0002| counting of ballots [shall be set by the county clerk or | 0003| statutorily appointed supervisor of the election] on election | 0004| day." | 0005| Section 23. Section 1-6-24 NMSA 1978 (being Laws 1969, | 0006| Chapter 54, Section 5, as amended) is amended to read: | 0007| "1-6-24. ABSENT VOTER PRECINCT BOARD APPOINTMENT.-- | 0008| A. The county clerk of each county shall appoint [and | 0009| compensate] absent voter precinct board members and their | 0010| respective alternates for each absent voter precinct [in the | 0011| manner specified in the Election Code for other precinct board | 0012| members] and shall compensate them at an hourly rate set by the | 0013| county clerk. | 0014| B. A minimum of three precinct board members shall be | 0015| appointed to the absent voter precinct board with no more than two | 0016| members belonging to the same political party." | 0017| Section 24. A new section of the Absent Voter Act is | 0018| enacted to read: | 0019| "[NEW MATERIAL] SECURITY--COUNTING AND CANVASSING.--The | 0020| secretary of state shall adopt rules and regulations for | 0021| protecting the integrity, security and secrecy of the absentee | 0022| ballots; procedures for voting by absentee ballot; separation of | 0023| absentee ballots voted on electronic voting machines twenty days | 0024| before the election from those received through the mail; | 0025| disposition of absentee ballots rejected by a voting machine; | 0001| handling of, counting and canvassing of absentee ballots; and | 0002| sorting of absentee ballots by representative district for | 0003| canvassing purposes." | 0004| Section 25. Section 1-8-13 NMSA 1978 (being Laws 1969, | 0005| Chapter 240, Section 162, as amended) is amended to read: | 0006| "1-8-13. PRIMARY ELECTION LAW--CONTENTS OF | 0007| PROCLAMATION.--The proclamation calling a primary election shall | 0008| contain: | 0009| A. the names of the major political parties | 0010| participating in the primary election; | 0011| B. the offices for which each political party shall | 0012| nominate candidates; provided that if any law is enacted by the | 0013| legislature in the year in which the primary election is held and | 0014| [such] the law does not take effect until after the date of the | 0015| proclamation but prior to the date of the primary election, the | 0016| proclamation shall conform to the intent of [such] the law with | 0017| respect to the offices for which each political party shall | 0018| nominate candidates; | 0019| C. the date on which declarations of candidacy and | 0020| nominating petitions for United States representative, any office | 0021| voted upon by all the voters of the state, a legislative office, | 0022| the office of district judge, district attorney, state board of | 0023| education or magistrate shall be filed and the places where they | 0024| shall be filed in order to have the candidates' names printed on | 0025| the official ballot of their party at the primary election; | 0001| D. the date on and place at which declarations of | 0002| candidacy shall be filed for any other office and filing fees paid | 0003| or, in lieu thereof, a pauper's statement of inability to pay; | 0004| [E. the date on and place at which declarations of | 0005| intent to be a write-in candidate for a statewide office or office | 0006| of United States representative shall be filed; | 0007| F. the date on and place at which declarations of | 0008| intent to be a write-in candidate for any other office shall be | 0009| filed; | 0010| G.] E. the final date on and place at which candidates | 0011| for the office of United States representative and for any | 0012| statewide office seeking preprimary convention designation by the | 0013| major parties shall file petitions and declarations of candidacy; | 0014| [H.] F. the final date on which the major political | 0015| parties shall hold state preprimary conventions for the | 0016| designation of candidates; and | 0017| [I.] G. the final date on and place at which | 0018| certificates of designation of primary election candidates shall | 0019| be filed by political parties with the secretary of state. | 0020| As used in the Primary Election Law, "statewide office" | 0021| means any office voted on by all the voters of the state." | 0022| Section 26. Section 1-8-21 NMSA 1978 (being Laws 1996, | 0023| Chapter 20, Section 3) is amended to read: | 0024| "1-8-21. PRIMARY ELECTION--METHODS OF PLACING NAMES ON | 0025| PRIMARY BALLOT.-- | 0001| A. [All candidates] A candidate seeking primary | 0002| election nomination to a statewide office or the office of United | 0003| States representative shall file [declarations] a declaration of | 0004| candidacy with the proper filing officer. [Candidates] A | 0005| candidate shall file a nominating [petitions] petition at the time | 0006| of filing [their declarations] the declaration of candidacy. | 0007| [Candidates] A candidate who [seek] seeks, but [do] does not | 0008| obtain, preprimary convention designation by a major political | 0009| party may file a new [declarations] declaration of candidacy and a | 0010| nominating [petitions] petition pursuant to Section 1-8-33 NMSA | 0011| 1978. | 0012| B. [Candidates] A candidate for [any other office] a | 0013| legislative office, the office of district attorney, district | 0014| judge, metropolitan judge, magistrate or the state board of | 0015| education shall have [their names] his name placed on the primary | 0016| election ballot by filing [declarations] with the proper filing | 0017| officer a declaration of candidacy and a nominating [petitions | 0018| with the proper filing officer. Candidates for county office | 0019| shall also pay filing fees or file the proper paupers' statements | 0020| at the time of filing declarations of candidacy] petition. | 0021| C. A candidate for a county office shall have his name | 0022| placed on the primary election ballot by filing with the proper | 0023| filing officer a declaration of candidacy accompanied by the | 0024| appropriate filing fee or a pauper's statement." | 0025| Section 27. Section 1-8-30 NMSA 1978 (being Laws 1973, | 0001| Chapter 228, Section 4, as amended) is amended to read: | 0002| "1-8-30. PRIMARY ELECTION LAW--DECLARATION OF | 0003| CANDIDACY--NOMINATING PETITION--FILING AND FORM.-- | 0004| A. As used in the Primary Election Law, "nominating | 0005| petition" means the authorized form used for obtaining the | 0006| required number of signatures of voters, which is signed on behalf | 0007| of the person wishing to become a candidate for a political office | 0008| in the primary election requiring a nominating petition. | 0009| B. In making a declaration of candidacy, the candidate | 0010| at the same time shall file a nominating petition, which shall be | 0011| on forms prescribed by law. | 0012| C. The nominating petition shall be on paper | 0013| approximately eight and one-half inches wide and fourteen inches | 0014| long with numbered lines for signatures spaced approximately | 0015| three-eighths of an inch apart and shall be in the following form: | 0016| "NOMINATING PETITION | 0017| I, the undersigned, a registered voter of the | 0018| county of _______________, New Mexico, and a member of | 0019| the _______________ party, hereby nominate | 0020| ____________, who resides at _____________ in the | 0021| county of _______________, New Mexico, for the party | 0022| nomination for the office of ____________________, to | 0023| be voted for at the primary election to be held on the | 0024| first Tuesday of June, 19 _____, and I declare that I | 0025| am a resident of the state, district, county or area to | 0001| be represented by the office for which the person being | 0002| nominated is a candidate. I also declare that I have | 0003| not signed, and will not sign, any nominating petition | 0004| for more persons than the number of candidates | 0005| necessary to fill such office at the next ensuing | 0006| general election. | 0007| 1. ___________ _____________ ___________ _________ | 0008| (usual (name printed (address as (city or | 0009| signature) as registered) registered) rt. no.) | 0010| 2. ___________ _____________ ___________ _________ | 0011| (usual (name printed (address as (city or | 0012| signature) as registered) registered) rt. | 0013| no.)". | 0014| D. In October of odd-numbered years, the secretary of | 0015| state shall furnish to each county clerk a sample of a | 0016| nominating petition form, a copy of which shall be made | 0017| available by the county clerk upon request of any candidate. | 0018| [E. The signature of the voter shall not be counted | 0019| unless the voter was a registered member of the candidate's | 0020| party ten days prior to the filing of the nominating petition. | 0021| The signature of the voter shall not be counted unless the | 0022| entire line indicates the voter's usual signature, his name | 0023| printed as registered and his address as registered and his | 0024| city or route number and is upon the form furnished by the | 0025| secretary of state to the county clerks or a duplicate thereof. | 0001| F.] E. When more than one sheet is required for a | 0002| petition, each of the sheets shall be in the form prescribed by | 0003| this section and all sheets shall be firmly secured by a staple | 0004| or other suitable fastening." | 0005| Section 28. Section 1-8-31 NMSA 1978 (being Laws 1973, | 0006| Chapter 228, Section 5, as amended by Laws 1993, Chapter 314, | 0007| Section 47 and also by Laws 1993, Chapter 316, Section 47) is | 0008| amended to read: | 0009| "1-8-31. PRIMARY ELECTION LAW--NOMINATING PETITION-- | 0010| SIGNATURES TO BE COUNTED.-- | 0011| A. [Each signer of] A person who signs a nominating | 0012| petition shall sign but one petition for the same office unless | 0013| more than one candidate is to be elected to [such] that office, | 0014| and in that case a person may sign not more than the number of | 0015| nominating petitions equal to the number of candidates to be | 0016| elected to the office [shall be signed]. | 0017| B. A person who signs a nominating petition shall | 0018| indicate his residence as his address. If the person does not | 0019| have a residential address, he may provide his mailing address. | 0020| [B.] C. A signature shall be counted on a nominating | 0021| petition unless there is evidence presented that the person | 0022| signing: | 0023| (1) was not a registered member of the | 0024| candidate's political party ten days prior to the filing of the | 0025| nominating petition; | 0001| [(1) is not a] (2) failed to provide | 0002| information required by the nominating petition sufficient to | 0003| determine that the person is a qualified voter of the state, | 0004| district, county or area to be represented by the office for | 0005| which the person seeking the nomination is a candidate; | 0006| [(2)] (3) has signed more than one petition for | 0007| the same office, except as provided in Subsection A of this | 0008| section, or has signed one petition more than once; | 0009| [(3)] (4) is not of the same political party as | 0010| the candidate named in the nominating petition as shown by the | 0011| signer's certificate of registration; or | 0012| [(4)] (5) is not the person whose name appears | 0013| on the nominating petition. | 0014| [C.] D. The procedures set forth in this section | 0015| shall be used to validate signatures on any petition required | 0016| by the Election Code, except that Paragraphs (1) and (4) of | 0017| Subsection C of this section shall not apply to petitions filed | 0018| by unaffiliated candidates or petitions filed by candidates of | 0019| minor political parties." | 0020| Section 29. Section 1-8-44 NMSA 1978 (being Laws 1969, | 0021| Chapter 240, Section 182, as amended) is amended to read: | 0022| "1-8-44. PRIMARY ELECTION LAW--WITHDRAWAL OF CANDIDATES-- | 0023| DATE OF WITHDRAWAL.--[No] A candidate [shall] seeking to | 0024| withdraw from a primary election [unless he withdraws] shall | 0025| withdraw no later than the first [Friday after the filing date] | 0001| Tuesday in April before that primary election." | 0002| Section 30. Section 1-8-49 NMSA 1978 (being Laws 1977, | 0003| Chapter 322, Section 5) is amended to read: | 0004| "1-8-49. INDEPENDENT CANDIDATES FOR GENERAL [OR UNITED | 0005| STATES REPRESENTATIVE SPECIAL] ELECTIONS--CANDIDATES FOR | 0006| PRESIDENT AND VICE PRESIDENT.--[If the person filing the | 0007| declaration of independent candidacy is a candidate for | 0008| president of the United States, he shall also file the names | 0009| and addresses of the required number of presidential electors | 0010| who intend to vote for such independent candidate in the | 0011| electoral college.] | 0012| A. Nomination as an independent candidate for | 0013| president or vice president shall be made by filing a | 0014| declaration of independent candidacy with the proper filing | 0015| officer. The candidate for president shall also file a | 0016| nominating petition with the required number of signatures. | 0017| B. In making a declaration of independent candidacy | 0018| for president, the candidate shall submit a sworn statement in | 0019| the following form: | 0020| "DECLARATION OF INDEPENDENT CANDIDACY FOR PRESIDENT | 0021| I, (candidate's name), being duly sworn, say | 0022| that I am a citizen of the United States, have been a resident | 0023| of the United States for at least fourteen years and have | 0024| attained the age of thirty-five. | 0025| I desire to become a candidate for the office of president | 0001| of the United States at the general election to be held on the | 0002| date set by law for this year. I will be eligible and legally | 0003| qualified to hold this office at the beginning of its term. | 0004| The name of my vice presidential running mate, whom I | 0005| selected, is . The names and addresses of the | 0006| required number of presidential electors who intend to vote for | 0007| me and for my vice presidential running mate in the electoral | 0008| college are: | 0009| | 0010| name name | 0011| | 0012| residence address residence address | 0013| | 0014| mailing address mailing address | 0015| | 0016| city city | 0017| | 0018| state and zip code state and zip code | 0019| | 0020| name name | 0021| | 0022| residence address residence address | 0023| | 0024| mailing address mailing address | 0025| | 0001| city city | 0002| | 0003| state and zip code state and zip code | 0004| | 0005| name | 0006| _________________________ | 0007| residence address | 0008| _________________________ | 0009| mailing address | 0010| _________________________ | 0011| city | 0012| _________________________ | 0013| state and zip code | 0014| I submit with this statement a nominating petition in the | 0015| form and manner prescribed by the Election Code. I make the | 0016| foregoing affidavit under oath, knowing that any false | 0017| statement herein constitutes a felony punishable in accordance | 0018| with the criminal laws of New Mexico. | 0019| | 0020| _________________________ | 0021| declarant | 0022| | 0023| _________________________ | 0024| residence address | 0025| | 0001| mailing address | 0002| | 0003| city | 0004| | 0005| state and zip code | 0006| Subscribed and sworn to before me this day of | 0007| , 19 | 0008| | 0009| notary public | 0010| My commission expires: | 0011| ". | 0012| C. In making a declaration of independent candidacy | 0013| for vice president, the candidate shall submit a sworn | 0014| statement in the following form: | 0015| "DECLARATION OF INDEPENDENT CANDIDACY FOR VICE PRESIDENT | 0016| I, (candidate's name), being duly sworn, | 0017| say that I am a citizen of the United States, have been a | 0018| resident of the United States for at least fourteen years and | 0019| have attained the age of thirty-five. | 0020| I have been selected by independent presidential candidate | 0021| as his vice presidential running mate and | 0022| desire to be that candidate for vice president. I will be | 0023| eligible and legally qualified to hold this office at the | 0024| beginning of its term. | 0025| I make the foregoing affidavit under oath, knowing that | 0001| any false statement herein constitutes a felony punishable in | 0002| accordance with the criminal laws of New Mexico. | 0003| | 0004| | 0005| _________________________ | 0006| declarant | 0007| | 0008| _________________________ | 0009| residence address | 0010| | 0011| mailing address | 0012| | 0013| city | 0014| | 0015| state and zip code | 0016| Subscribed and sworn to before me this day of | 0017| , 19 | 0018| | 0019| notary public | 0020| My commission expires: | 0021| ". | 0022| D. The independent presidential electors whom the | 0023| independent candidate for president is required to name shall | 0024| be registered voters of New Mexico; they may or may not be | 0025| affiliated with a political party in New Mexico. United States | 0001| senators, United States representatives and persons holding | 0002| federal offices of trust or profit are not eligible to be | 0003| electors. | 0004| E. When independent candidates for president and vice | 0005| president appear on the general election ballot, a vote for | 0006| that pair of nominees is a vote for that presidential | 0007| candidate's electors. | 0008| F. If the independent candidates for president and | 0009| vice president receive the highest number of votes at the | 0010| general election, the independent presidential candidate's | 0011| electors shall be the presidential electors of the state of New | 0012| Mexico. As such, each elector shall be granted a certificate | 0013| of election by the state canvassing board, and each elector | 0014| shall be subject to the provisions of Sections 1-15-5 through | 0015| 1-15-10 NMSA 1978." | 0016| Section 31. Section 1-8-50 NMSA 1978 (being Laws 1977, | 0017| Chapter 322, Section 6) is amended to read: | 0018| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED | 0019| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION | 0020| FORM.-- | 0021| A. As used in Sections [3-8-27.1 through 3-8-27.8 | 0022| NMSA 1953] 1-8-45 through 1-8-52 NMSA 1978, "nominating | 0023| petition" means the authorized form [or forms] used for | 0024| obtaining the required number of signatures of voters [which] | 0025| that is signed on behalf of the person wishing to become an | 0001| independent candidate for a political office in a general or | 0002| United States representative special election requiring a | 0003| nominating petition. | 0004| B. In making a declaration of candidacy, the | 0005| candidate at the same time shall file a nominating petition, | 0006| which shall be on forms prescribed by law. | 0007| [B.] C. The nominating petition for an independent | 0008| candidate for any office except president of the United States | 0009| shall be on paper approximately eight and one-half inches wide | 0010| and fourteen inches long with numbered lines for signatures | 0011| spaced approximately three-eighths of an inch apart and shall | 0012| be in the following form: | 0013| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY | 0014| FOR ANY OFFICE EXCEPT PRESIDENT OF THE UNITED STATES | 0015| I, the undersigned, a registered voter of the | 0016| county of ____________________, New Mexico, hereby | 0017| nominate ___________________________________, who | 0018| resides at _________________________ in the county of | 0019| _______________, New Mexico, as an independent | 0020| candidate for the office of _________________________, | 0021| to be voted for at the general election [(United States | 0022| representative special election)] to be held on | 0023| November _____, 19 _____, or United States | 0024| representative special election to be held on 19 | 0025| , and I declare that I am a resident of the state, | 0001| district, county or area to be represented by the | 0002| office for which the person being nominated is a | 0003| candidate. I also declare that I have not signed, and | 0004| will not sign, any nominating petition for more persons | 0005| than the number of candidates necessary to fill [such] | 0006| the office at the next ensuing general election or at a | 0007| United States representative special election. | 0008| 1. __________ _______________ ____________ ________ | 0009| (usual (name printed (address as (city) | 0010| signature) as registered) registered) | 0011| 2. __________ _______________ ____________ ________ | 0012| (usual (name printed (address as (city)". | 0013| signature) as registered) registered) | 0014| D. The nominating petition for an independent | 0015| candidate for the office of president of the United States | 0016| shall be on paper approximately eight and one-half inches wide | 0017| and fourteen inches long with numbered lines for signatures | 0018| spaced approximately three-eighths of an inch apart and shall | 0019| be in the following form: | 0020| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY FOR THE | 0021| OFFICE OF PRESIDENT OF THE UNITED STATES | 0022| I, the undersigned, a registered voter of the | 0023| county of , New Mexico, by endorsement | 0024| hereon, petition that the name of | 0025| be printed on the general election ballot as an | 0001| independent candidate for the office of president of | 0002| the United States, to be voted on at the general | 0003| election to be held on November , 19 . I also | 0004| declare that I am that person whose name appears hereon | 0005| and that I have not signed, nor will I sign, any | 0006| nominating petition for any other candidate seeking the | 0007| office of president of the United States at the next | 0008| ensuing general election. | 0009| 1. ___________ _____________ ___________ _________ | 0010| (usual (name printed (address as (city or | 0011| signature) as registered) registered) rt. no.) | 0012| 2. ___________ _____________ ___________ _________ | 0013| (usual (name printed (address as (city or | 0014| signature) as registered) registered) rt. no.)". | 0015| [C.] E. The secretary of state shall furnish to each | 0016| county clerk a sample of the nominating petition form, a copy | 0017| of which shall be made available by the county clerk upon | 0018| request of any candidate as provided by the Election Code. | 0019| [D. The signature of the voter shall not be counted | 0020| unless the entire line is filled out in full and is upon the | 0021| form prescribed by this section. | 0022| E.] F. When more than one sheet is required for a | 0023| petition, each of the sheets shall be in the form prescribed by | 0024| this section, and all sheets shall be firmly secured by a | 0025| staple or other suitable fastening." | 0001| Section 32. Section 1-12-7 NMSA 1978 (being Laws 1969, | 0002| Chapter 240, Section 246, as amended by Laws 1993, Chapter 314, | 0003| Section 54 and also by Laws 1993, Chapter 316, Section 54) is | 0004| amended to read: | 0005| "1-12-7. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO | 0006| VOTE.-- | 0007| A. No person shall vote in any primary, general or | 0008| statewide special election unless he is a voter of the precinct | 0009| in which he offers to vote. A valid original certificate of | 0010| registration in the county register is prima facie evidence of | 0011| being a voter in the precinct. | 0012| B. No person shall vote in any primary election whose | 0013| party affiliation is not designated on his original certificate | 0014| of registration. | 0015| C. No voter at any primary election shall be | 0016| permitted to vote for the candidate of any party other than the | 0017| party designated on his [original] current certificate of | 0018| registration. [at the time the governor issues the primary | 0019| election proclamation. | 0020| D. No person shall vote in any primary, general or | 0021| statewide special election whose name and certificate of | 0022| registration number appears on the list of voters purged from | 0023| the rolls. The list shall be placed with the signature rosters | 0024| and delivered to the polls with the other election supplies by | 0025| the county clerk and shall consist of those voters in the | 0001| precinct purged since the last preceding general election.]" | 0002| Section 33. Section 1-15-23 NMSA 1978 (being Laws 1969, | 0003| Chapter 240, Section 373) is amended to read: | 0004| "1-15-23. EXPIRING TERM AND NEXT SUCCEEDING TERM [BALLOT- | 0005| -WRITE-IN].--[A.] If the same individual is a candidate at a | 0006| general election for both the expiring term and the next | 0007| succeeding term, his name shall appear but once on the ballot, | 0008| and the name of the office, followed by the words, "full and | 0009| expiring terms". | 0010| [B. Provisions shall be made in the general election | 0011| to permit any voter to write in a separate name for the | 0012| expiring term and a separate name for the next succeeding term. | 0013| A voter may write in the name of any candidate he chooses for | 0014| either term, and such vote shall be valid and counted even | 0015| though the candidate's name is printed on the paper ballot or | 0016| ballot label.]" | 0017| Section 34. Section 1-22-2 NMSA 1978 (being Laws 1985, | 0018| Chapter 168, Section 4, as amended) is amended to read: | 0019| "1-22-2. DEFINITIONS.--As used in the School Election | 0020| Law: | 0021| A. "board" means the governing authority of the local | 0022| school district; | 0023| B. "county clerk" means the clerk of each county in | 0024| which the school district is situate; | 0025| C. "proper filing officer" means the county clerk or, | 0001| in the case of a multicounty school district, the clerk of the | 0002| county in which the administrative office of the school | 0003| district is situate; | 0004| D. "magistrate" means the magistrate whose office is | 0005| situated in the municipality where the administrative office of | 0006| the school district is located or in close proximity to the | 0007| municipality; | 0008| E. "school district election" means [any] a regular | 0009| or special school district election [except] but does not | 0010| include a recall election; and | 0011| F. "superintendent" means the superintendent of | 0012| schools of the local school district." | 0013| Section 35. Section 1-22-7 NMSA 1978 (being Laws 1985, | 0014| Chapter 168, Section 9) is amended to read: | 0015| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.- | 0016| - | 0017| A. [A declaration of candidacy for membership on the | 0018| board to] A candidate for a school board position that will be | 0019| filled at a regular school district election shall [be filed] | 0020| file a declaration of candidacy with the proper filing officer | 0021| during the period commencing at 9:00 a.m. on the third Tuesday | 0022| in December of the even-numbered year immediately preceding the | 0023| date of the regular school district election and ending at 5:00 | 0024| p.m. on the same day. | 0025| B. [A declaration of candidacy for membership on the | 0001| board to] A candidate for a school board position that will be | 0002| filled at a special school district election shall [be filed] | 0003| file a declaration of candidacy with the proper filing officer | 0004| during the period commencing at 9:00 a.m. on the forty-eighth | 0005| day before the election and ending at 5:00 p.m. on the same | 0006| day. | 0007| C. A candidate shall file for only one school board | 0008| position during each filing period. | 0009| [C. Any person knowingly making] D. A person who | 0010| knowingly makes a false statement in his declaration of | 0011| candidacy is guilty of a fourth degree felony and shall be | 0012| sentenced pursuant to the provisions of Section 31-18-15 NMSA | 0013| 1978." | 0014| Section 36. Section 1-22-19 NMSA 1978 (being Laws 1985, | 0015| Chapter 168, Section 21, as amended) is amended to read: | 0016| "1-22-19. ABSENTEE VOTING.-- | 0017| A. [Any registered qualified elector of the school | 0018| district who cannot be present at his precinct polling place on | 0019| the day of the school district election because of illness, | 0020| injury or disability; who will be absent from his school | 0021| district of residence because his duties, occupation, business | 0022| or vacation requires him to be elsewhere; or who cannot attend | 0023| his precinct polling place because of the tenets of his | 0024| religion] A voter may vote in a school district election by | 0025| absentee ballot for all candidates and on all questions | 0001| appearing on the ballot [at the election] in his precinct as if | 0002| he were [able to cast] casting his ballot in person at the | 0003| [precinct] polling place on election day. | 0004| B. The provisions of the Absent Voter Act of the | 0005| Election Code apply to absentee voting in school district | 0006| elections, provided that absentee ballots may be marked in | 0007| person during the regular hours and days of business at the | 0008| county clerk's office from 8:00 a.m. on the twenty-fifth day | 0009| preceding the election until 5:00 p.m. on the Friday | 0010| immediately prior to the date of the election. Provisions may | 0011| be made by the board in the proclamation for absentee voting by | 0012| electronic voting machine from 8:00 a.m. on the twentieth day | 0013| preceding an election until 5:00 p.m. on the Friday immediately | 0014| prior to the date of the election. Absentee ballots shall be | 0015| printed at least thirty days prior to the date of the election. | 0016| C. A regular precinct board may be designated to | 0017| serve as the absent voter precinct board. [Members] A member | 0018| of the absent voter precinct board shall receive the same | 0019| compensation as [other] a regular precinct board [members, but | 0020| in no case shall] member. A regular precinct board member who | 0021| also serves as a member of the absent voter precinct board | 0022| shall not be entitled to extra compensation for serving on [the | 0023| absent voter precinct] more than one board." | 0024| Section 37. REPEAL.--Sections 1-6A-1 through 1-6A-12, | 0025| 1-8-36.1, 1-12-19.1 and 1-12-47 NMSA 1978 (being Laws 1993, | 0001| Chapter 37, Sections 1 through 9, Laws 1995, Chapter 165, | 0002| Sections 4 through 6, Laws 1981, Chapter 156, Sections 1 and 2 | 0003| and Laws 1977, Chapter 222, Section 50, as amended) are | 0004| repealed. | 0005|  |