0001| HOUSE BILL 866
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| EDWARD C. SANDOVAL
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0005|
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0006|
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0007|
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0008| FOR THE ELECTION CODE RECODIFICATION COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO ELECTIONS; RESTORING THE RIGHT TO VOTE TO A PERSON
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0012| CONVICTED OF A FELONY WHO HAS SATISFIED ALL CONDITIONS OF A
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0013| SENTENCE; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA
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0014| 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new Section of the Election Code is enacted
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0018| to read:
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0019| "[NEW MATERIAL] CANCELLATION OF REGISTRATION FOLLOWING
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0020| CONVICTION--ELIGIBILITY FOR REGISTRATION UPON SATISFACTION OF
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0021| CONDITIONS.--
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0022| A. When a voter has been convicted of a felony, the
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0023| clerk of the district court where the conviction occurred shall
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0024| file a certificate of felony conviction with the county clerk
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0025| of the county where the convicted felon is registered.
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0001| B. For purposes of cancellation of registration,
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0002| verification of a felony conviction may be obtained by
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0003| comparing the voter's registration record with the certificate
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0004| of felony conviction filed by the clerk of the district court.
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0005| C. The certificate of felony conviction shall
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0006| include the voter's:
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0007| (1) name;
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0008| (2) age;
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0009| (3) sex;
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0010| (4) marital status;
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0011| (5) birthplace;
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0012| (6) birth date;
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0013| (7) social security number, if any;
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0014| (8) date of conviction; and
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0015| (9) address.
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0016| D. When a voter convicted of a felony, for which a
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0017| sentence of imprisonment is authorized and deferred or
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0018| suspended by order of the court, has satisfactorily completed
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0019| the conditions of the court order, the clerk of the court shall
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0020| notify the county where the convicted felon was registered that
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0021| the person is eligible for registration.
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0022| E. When a voter convicted of a felony is
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0023| unconditionally discharged from a correctional facility under
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0024| the jurisdiction of the corrections department, or is
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0025| conditionally discharged from a facility under the jurisdiction
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0001| of the corrections department and has satisfactorily completed
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0002| all conditions of probation or parole, the corrections
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0003| department shall notify the county clerk where the felon was
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0004| registered that the person is eligible for registration.
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0005| F. When a voter convicted of a federal offense
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0006| constituting a felony is unconditionally discharged from a
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0007| correctional facility under the jurisdiction of a federal
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0008| corrections agency, or is conditionally discharged from a
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0009| correctional facility under the jurisdiction of a federal
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0010| corrections agency, and has satisfactorily completed all
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0011| conditions of probation or parole, the federal agency having
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0012| jurisdiction of that person shall notify the secretary of state
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0013| that the person is eligible for registration."
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0014| Section 2. Section 31-13-1 NMSA 1978 (being Laws 1963,
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0015| Chapter 303, Section 29-14) is amended to read:
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0016| "31-13-1. [EFFECT OF CRIMINAL CONVICTION UPON CIVIL
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RIGHTS--GOVERNOR MAY PARDON OR GRANT] FELONY CONVICTION--
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0018| PARDON OR RESTORATION OF CITIZENSHIP.--
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0019| A. [Any] A person who has been convicted of a
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0020| felony shall not be permitted to vote in any statewide,
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0021| county, municipal or district election held pursuant to the
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0022| [laws of the state or any subdivision thereof, nor shall such
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person be permitted to hold any office of public trust for the
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state or any subdivision thereof.
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B. When any convict shall pass the entire period of
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his sentence within the penitentiary, he shall be entitled to a
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certificate thereof by the superintendent of the penitentiary;
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or if such person shall complete the period of his sentence
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while on parole, he shall be entitled to a certificate thereof
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by the director of parole.
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C. The disability imposed by this section may only
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be removed by the governor. Upon presentation to the governor
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of a certificate evidencing the completion of an individual's
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sentence, the governor may, in his discretion, grant to such
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individual a pardon or a certificate restoring such person to
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full rights of citizenship] provisions of the Election Code,
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0012| unless the person:
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0013| (1) has satisfactorily completed the terms of
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0014| a suspended or deferred sentence imposed by a court;
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0015| (2) was unconditionally discharged from a
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0016| correctional facility under the jurisdiction of the corrections
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0017| department or was conditionally discharged from a correctional
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0018| facility under the jurisdiction of the corrections department
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0019| and has satisfactorily completed all conditions of probation or
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0020| parole;
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0021| (3) was unconditionally discharged from a
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0022| correctional facility under the jurisdiction of a federal
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0023| corrections agency or was conditionally discharged from a
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0024| correctional facility under the jurisdiction of a federal
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0025| corrections agency and has satisfactorily completed all
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0001| conditions of probation or parole; or
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0002| (4) has presented the governor with a
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0003| certificate verifying the completion of his sentence and was
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0004| granted a pardon or a certificate by the governor restoring his
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0005| full rights of citizenship.
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0006| B. A person who has been convicted of a felony
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0007| shall not be permitted to hold an office of public trust for
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0008| the state, a county, a municipality or a district, unless the
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0009| person has presented the governor with a certificate verifying
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0010| the completion of his sentence and was granted a pardon or a
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0011| certificate by the governor restoring his full rights of
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0012| citizenship."
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0013| Section 3. Section 1-20-18 NMSA 1978 (being Laws 1969,
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0014| Chapter 240, Section 442, as amended) is amended to read:
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0015| "1-20-18. PERMITTING [PRISONERS] A PRISONER TO VOTE.-
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0016| -
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0017| A. Permitting [prisoners] a prisoner to vote
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0018| consists of any warden of a penitentiary, sheriff or jailer, or
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0019| other person having custody of [convicts or prisoners] a
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0020| convict or prisoner, taking or permitting to be taken [such
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convicts or prisoners] the convict or prisoner to any
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0022| polling place for the [purposes] purpose of voting in any
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0023| election.
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0024| Whoever permits [prisoners] a prisoner to vote is
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0025| guilty of a misdemeanor and shall be [punished by a fine of
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not less than one hundred dollars ($100) nor more than one
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thousand dollars ($1,000), or by imprisonment for not less than
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thirty days nor more than ninety days, or both] sentenced as
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0004| provided in Section 31-19-1 NMSA 1978.
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0005| B. This section does not prohibit permitting
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0006| [prisoners to vote] a prisoner convicted of a misdemeanor
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0007| from voting by absentee ballot pursuant to the provisions of
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0008| the Absent Voter Act."
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0009| Section 4. REPEAL.--Section 1-4-27 NMSA 1978 (being Laws
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0010| 1969, Chapter 240, Section 83, as amended) is repealed.
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0011| Section 5. EFFECTIVE DATE.--The effective date of the
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0012| provisions of this act is July 1, 1997.
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0013| - 6 - State of New Mexico
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0014| House of Representatives
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| February 25, 1997
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0001| been referred
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0002|
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0003| HOUSE BILL 866
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS, and thence referred to the
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0007| JUDICIARY COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014|
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0015| Edward C. Sandoval, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 4 For 3 Against
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0025| Yes: 4
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0001| No: Bird, Lutz, Weeks
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0002| Excused: Buffett, Coll, Lujan, Nicely, Sanchez
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0003| Absent: None
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0004|
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0005|
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0006| G:\BILLTEXT\BILLW_97\H0866
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