0001| SENATE BILL 1022
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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| PETE CAMPOS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO ELECTIONS; AMENDING AND ENACTING SECTIONS OF THE
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0012| MUNICIPAL ELECTION CODE.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. A new section of the Municipal Election Code
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0016| is enacted to read:
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0017| "[NEW MATERIAL] ABSENTEE BALLOT--CONDUCT OF ELECTION--
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0018| WHEN NOT TIMELY RECEIVED--EMERGENCY PROCEDURE FOR VOTING AND
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0019| COUNTING.--
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0020| A. Any applicant for an absentee ballot who has not
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0021| received the absentee ballot by mail as of the date of the
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0022| election may present himself at his assigned precinct polling
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0023| place and, after executing an affidavit of nonreceipt of
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0024| absentee ballot, shall be permitted to vote on an emergency
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0025| paper ballot or a marksense ballot.
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0001| B. The completed ballot shall be placed in an
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0002| official inner envelope substantially as prescribed by Section
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0003| 3-9-6 NMSA 1978 and sealed. The official inner envelope shall
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0004| then be placed in an official envelope substantially as
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0005| prescribed for a transmittal envelope or mailing envelope in
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0006| Section 3-9-6 NMSA 1978. This envelope shall contain a form on
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0007| its back that identifies the voter by name and signature roster
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0008| number and the printed statement to the effect that the voter
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0009| made application for an absentee ballot but had not received it
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0010| as of the date of the election and is permitted to vote by
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0011| emergency paper ballot or a marksense ballot.
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0012| C. The presiding judge shall put all such ballots
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0013| in a special envelope provided for that purpose by the
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0014| municipal clerk, seal it and return it to the municipal clerk
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0015| along with the machine tally sheets. The sealed envelope shall
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0016| not be put in the locked ballot box.
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0017| D. Upon receipt of the envelope containing such
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0018| ballots, the municipal clerk, no later than forty-eight hours
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0019| after the close of the election, shall remove the transmittal
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0020| envelopes and without removing or opening the inner envelopes,
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0021| determine that:
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0022| (1) such voter did in fact make application
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0023| for an absentee ballot; and
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0024| (2) no such absentee ballot was received by
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0025| the municipal clerk from the voter by 7:00 p.m. on election
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0001| day.
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0002| E. Upon making such determination, the municipal
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0003| clerk shall remove the inner envelope without opening it,
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0004| destroy the transmittal envelope and place the inner envelope
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0005| in a secure place to be transmitted to the municipal canvassing
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0006| board to be tallied and included in the canvass of that
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0007| municipality for the appropriate precinct.
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0008| F. The municipal clerk shall prescribe and furnish
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0009| the necessary envelopes for purposes of this section and shall
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0010| adopt rules and regulations deemed necessary to preserve the
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0011| secrecy of the ballot."
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0012| Section 2. A new section of the Municipal Election Code
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0013| is enacted to read:
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0014| "[NEW MATERIAL] ADDITIONAL EMERGENCY PROCEDURE FOR
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0015| VOTING.--
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0016| A. After the close of the period for requesting
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0017| absentee voter ballots by mail, any voter unable to go to the
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0018| polls due to unforeseen illness or disability resulting in his
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0019| confinement in a hospital, sanitarium, nursing home or
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0020| residence who is unable to vote at his polling place, voting
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0021| booth or voting apparatus or machinery may request in writing
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0022| that an alternative ballot be made to be made available to him.
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0023| The written request shall be signed by the voter and a health
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0024| care provider under penalty of perjury.
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0025| B. The alternative ballot shall be made available
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0001| by the municipal clerk where the voter resides to any
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0002| authorized voter who has presented the written request to the
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0003| office of the clerk.
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0004| C. Before releasing the alternative ballot, the
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0005| municipal clerk shall compare the signature on the written
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0006| request with the signature on the voter's affidavit of
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0007| registration. If the municipal clerk determines that the
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0008| signature on the written request is not the signature of the
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0009| voter, the request for the alternative ballot shall be
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0010| rejected.
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0011| D. The voter shall mark the alternative ballot,
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0012| place it in an identification envelope similar to that used for
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0013| absentee ballots, fill out and sign the envelope and return the
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0014| ballot to the office of the municipal clerk where the voter
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0015| resides no later than the time of closing of the polls on
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0016| election day. The voter's name shall be compared to the roster
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0017| of voters and the ballot shall be counted only if there is no
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0018| signature for that voter on the roster of the precinct where
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0019| the voter's name appears.
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0020| E. Alternative ballots shall be processed and
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0021| counted in the same manner as absentee ballots.
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0022| F. The municipal clerk shall prescribe the form of
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0023| alternative ballots."
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0024| Section 3. Section 3-8-2 NMSA 1978 (being Laws 1985,
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0025| Chapter 208, Section 10) is amended to read:
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0001| "3-8-2. DEFINITIONS.--
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0002| A. The definitions in Section 3-1-2 NMSA 1978
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0003| shall apply to the Municipal Election Code in addition to those
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0004| definitions set forth in the Municipal Election Code.
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0005| B. As used in the Municipal Election Code:
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0006| (1) "absentee voter list" means the list
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0007| prepared by the municipal and county clerks of those persons
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0008| who have been issued an absentee ballot;
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0009| (2) "ballot" means a system for arranging and
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0010| designating for the voter the names of candidates and other
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0011| questions to be voted on and for the marking, casting or
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0012| otherwise recording of such votes, and the term includes
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0013| absentee ballots, ballot labels, emergency paper ballots and
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0014| paper ballots used in lieu of voting machines;
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0015| (3) "ballot label" means that portion of
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0016| cardboard, paper or other material placed on the front of the
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0017| voting machine containing the names of the candidates, the
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0018| offices the candidates are seeking and a statement of the
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0019| proposed questions to be voted upon;
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0020| (4) "clerk" or "municipal clerk" means the
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0021| municipal clerk or any deputy or assistant municipal clerk;
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0022| (5) "county clerk" means the clerk of the
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0023| county or his designee within which the municipality is
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0024| located;
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0025| (6) "election returns" means all certificates
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0001| of the precinct board, including but not limited to the
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0002| certificate showing the total number of votes cast for each
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0003| candidate, if any, and for or against each question, if any,
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0004| and shall include statements of canvass, signature rosters,
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0005| registered voter lists, machine printed returns, emergency
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0006| paper ballots, paper ballots used in lieu of voting machines,
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0007| absentee ballots, absentee ballot registers and absentee voter
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0008| [list] lists or absent voter machine printed returns;
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0009| (7) "emergency paper ballot" means the paper
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0010| ballot used when a voting machine becomes disabled so that a
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0011| voter is unable to cast a vote for all of the candidates and
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0012| questions of the voter's choice and have such vote correctly
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0013| recorded by the voting machine, and when no substitute voting
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0014| machine is available;
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0015| (8) "precinct" means a portion of a county
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0016| situated entirely in or partly in a municipality which has been
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0017| designated by the county as a precinct for election purposes
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0018| and which is entitled to a polling place and a precinct board.
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0019| If a precinct includes territory both inside and outside the
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0020| boundaries of a municipality, then "precinct", for municipal
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0021| elections, shall mean only that portion of the precinct lying
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0022| within the boundaries of the municipality;
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0023| (9) "consolidated precinct" means the
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0024| combination of two or more precincts pursuant to the Municipal
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0025| Election Code;
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0001| (10) "precinct board" means the appointed
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0002| election officials serving a single or consolidated precinct;
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0003| (11) "recheck" pertains to voting machines and
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0004| means a verification procedure where the counter compartment of
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0005| the voting machine is opened and the results of the balloting
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0006| as shown on the counters of the machine are compared with the
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0007| results shown on the official returns; and
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0008| (12) "recount" pertains to emergency paper
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0009| ballots, paper ballots used in lieu of voting machines and
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0010| absentee ballots and means a retabulation and retallying of
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0011| individual ballots."
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0012| Section 4. Section 3-8-7 NMSA 1978 (being Laws 1965,
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0013| Chapter 300, Section 14-8-5, as amended) is amended to read:
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0014| "3-8-7. MUNICIPAL CLERK--COUNTY CLERK--ELECTION
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0015| DUTIES.--
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0016| A. The municipal clerk shall:
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0017| (l) administer the municipal election;
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0018| (2) with the consent of the governing body,
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0019| secure the necessary polling places;
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0020| (3) see that all necessary supplies and
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0021| equipment are present at each polling place prior to the
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0022| opening of the polls on the day of the election;
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0023| (4) certify voting machines;
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0024| (5) conduct an election school for precinct
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0025| board members as required in Section 3-8-21 NMSA 1978; [and]
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0001| (6) keep the office of the municipal clerk
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0002| open on election day for the purpose of receiving ballot boxes,
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0003| election returns and materials until all election returns and
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0004| materials are received; and
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0005| (7) within fifteen days of the holding of any
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0006| municipal election, forward to the county clerk a listing of
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0007| all individuals voting in the municipal election.
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0008| B. Within fifteen days of the adoption of the
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0009| election resolution, the municipal clerk shall request in
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0010| writing from the county clerk the registered voter lists and
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0011| signature rosters containing only the qualified electors
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0012| eligible to vote in the municipal election. At least seven
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0013| days prior to every municipal election, the county clerk shall
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0014| furnish to the municipal clerk the registered voter list and
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0015| signature roster containing only the qualified electors
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0016| eligible to vote in the municipal election. A municipal clerk
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0017| shall not amend, add or delete any information to or from the
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0018| registered voter list except as otherwise provided by law.
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0019| The registered voter list shall constitute the registration
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0020| list for the municipal election. The registered voter list
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0021| does not have to be returned to the county clerk. The
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0022| municipality shall bear the reasonable cost of preparation of
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0023| the voter lists and signature rosters."
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0024| Section 5. Section 3-8-10 NMSA 1978 (being Laws 1985,
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0025| Chapter 208, Section 18) is amended to read:
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0001| "3-8-10. CONSOLIDATION OF PRECINCTS.--
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0002| A. [In the interest of economy] Any precinct
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0003| [where the total votes cast in person in that precinct in the
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last preceding regular municipal election was less than six
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hundred] may be combined with one or more adjacent and
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0006| contiguous precincts by the governing body [No such
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combination shall be made where the total vote cast in person
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in all precincts proposed to be consolidated in the last
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preceding regular municipal election exceeded one thousand]
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0010| when the municipal clerk determines that consolidation is in
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0011| the best interest of those precincts and will not compromise
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0012| the orderly and efficient conduct of the election.
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0013| B. Precincts may be consolidated in any regular or
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0014| special municipal election, including bond elections, except
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0015| when prohibited by law."
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0016| Section 6. Section 3-8-14 NMSA 1978 (being Laws 1985,
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0017| Chapter 208, Section 22, as amended) is amended to read:
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0018| "3-8-14. VOTING MACHINES--ORDERING--PREPARATION--
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0019| CERTIFICATION--DELIVERY.--
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0020| A. If voting machines are to be used, the municipal
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0021| clerk shall order the machines from the county clerk within
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0022| fifteen days of the adoption of the election resolution, and
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0023| the county clerk shall supply such voting machines pursuant to
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0024| Section 1-9-6 NMSA 1978. The county shall provide voting
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0025| machine technicians, voting machine programming and voting
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0001| machine transportation and the municipality shall pay the
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0002| reasonable fee charged by the county for such services and the
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0003| use of the voting machines, but in no case in an amount which
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0004| exceeds the actual cost to the county pursuant to Section
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0005| 1-9-12 NMSA 1978.
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0006| B. If voting machines are to be used, the municipal
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0007| clerk shall order at least one voting machine for every polling
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0008| place; provided that the clerk shall order a sufficient number
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0009| of voting machines to assure that the eligible voters in that
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0010| polling place shall be able to vote in a timely manner.
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0011| C. [The municipal clerk shall deliver the printer
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packs and voting machine strips to the county clerk within two
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days after receipt. The county clerk, within fifteen days of
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receipt of the printer packs and voting machine strips, shall:
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(1) insert the voting machine strips;
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(2) program the voting machines;
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(3) test each counter for accuracy by casting
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votes upon it until it correctly registers each vote cast;
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(4) set all counters at zero; and
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(5) notify the municipal clerk of the date,
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time and place for inspection and certification of the voting
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machines, which notification shall be not less than twelve
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hours prior to the time for inspection and certification]
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0024| Programming of vote tabulating machines shall be performed
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0025| under the supervision of the municipal clerk and the county
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0001| clerk. The machines shall be programmed so that votes will be
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0002| counted in accordance with specification for electronic voting
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0003| machine adopted by the secretary of state.
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0004| D. Immediately upon receipt of the notice of date,
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0005| time and place of inspection and certification, the municipal
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0006| clerk shall post such notice in the office of the municipal
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0007| clerk and attempt to telephone the candidates at the phone
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0008| number listed on the declaration of candidacy to give each
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0009| candidate notice of the date, time and place of inspection and
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0010| certification.
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0011| E. Inspection and certification shall occur not
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0012| later than seven days prior to the election and shall be open
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0013| to the public.
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0014| F. At the date, time and place for inspection and
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0015| certification, in the presence of the county clerk and those
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0016| municipal candidates present, if any, the municipal clerk
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0017| shall:
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0018| (1) test each counter for accuracy by casting
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0019| votes upon it until it correctly registers each vote cast;
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0020| (2) test each voting machine to assure that it
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0021| has been correctly programmed; and
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0022| (3) inform the county clerk when each machine
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0023| is satisfactory and ready to be certified.
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0024| G. If the municipal clerk informs the county clerk
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0025| that a machine is satisfactory and ready to be certified, then:
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0001| (1) the county clerk shall reset each counter
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0002| at zero;
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0003| (2) the county clerk shall insert the printer
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0004| pack into the machine;
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0005| (3) the voting machine shall be immediately
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0006| sealed with a numbered metal seal so as to prevent operation of
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0007| the machine or its registering counters without breaking the
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0008| seal;
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0009| (4) the municipal clerk shall prepare a
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0010| certificate in triplicate for each machine that shall:
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0011| (a) show the serial number of the voting
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0012| machine;
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0013| (b) state that the voting machine has
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0014| all of its resettable registering counters set at zero;
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0015| (c) state that the machine has been
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0016| tested by voting on each registered counter to prove the
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0017| counter is in perfect condition;
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0018| (d) show the number of the metal seal
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0019| that has sealed the machine; and
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0020| (e) show the number registered on the
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0021| protective counter;
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0022| (5) a copy of the certificate shall be
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0023| delivered to the county clerk, the original certificate shall
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0024| be filed in the office of the municipal clerk and one copy
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0025| shall be posted on the voting machine; and
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0001| (6) if the voting machine requires keys, the
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0002| keys to the voting machine shall be enclosed in a sealed
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0003| envelope on which shall be written:
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0004| (a) the number of the precinct and
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0005| polling place to which the machine is assigned;
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0006| (b) the serial number of that voting
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0007| machine;
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0008| (c) the number of the metal seal that
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0009| has sealed the voting machine;
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0010| (d) the number registered on the
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0011| protective counter; and
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0012| (e) across the seal of the envelope, the
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0013| signatures of the county clerk, the municipal clerk and all
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0014| candidates present, if any, at the inspection and
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0015| certification.
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0016| H. After certification of the voting machines, if
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0017| the voting machines require keys, the county clerk shall keep
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0018| the keys to the voting machines in his custody and shall
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0019| deliver the keys to the municipal clerk when the voting
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0020| machines are delivered for election. The municipal clerk shall
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0021| secure in the office of the municipal clerk all the envelopes
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0022| containing the keys to the voting machines until delivered to
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0023| the presiding judge of the election.
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0024| I. An objection to the use of a particular voting
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0025| machine shall be filed in the district court within two days
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0001| after the machine has been certified. Any objection so filed
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0002| shall specify the number of the voting machine objected to and
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0003| the reason for the objection. Each voting machine shall be
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0004| conclusively presumed to be properly prepared for the election
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0005| if it has been certified, unless a timely objection has been
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0006| filed.
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0007| J. Voting machines certified in accordance with
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0008| this section shall be delivered to the assigned precinct
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0009| polling place no earlier than five days prior to the election
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0010| and no later than noon on the day prior to the election.
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0011| K. The municipal clerk shall refuse to certify any
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0012| voting machine that the municipal clerk determines is not
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0013| programmed properly, is not working properly or will not fairly
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0014| or accurately record votes. Only voting machines that have
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0015| been certified by the municipal clerk shall be used in the
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0016| election."
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0017| Section 7. Section 3-8-16 NMSA 1978 (being Laws 1985,
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0018| Chapter 208, Section 24) is amended to read:
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0019| "3-8-16. PAPER BALLOTS IN LIEU OF VOTING MACHINES--
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0020| EMERGENCY PAPER BALLOTS--FORM--GENERAL REQUIREMENTS.--As used
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0021| in this section, "paper ballots" means paper ballots used in
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0022| lieu of voting machines and emergency paper ballots. Paper
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0023| ballots shall be in the form prescribed by the municipal clerk,
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0024| which shall conform to the following rules.
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0025| A. Paper ballots shall:
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0001| (1) be numbered consecutively beginning with
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0002| number one. The number shall be printed in the upper right-
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0003| hand corner of the ballot with a diagonal perforated line
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0004| appropriately placed so that the portion of the ballot bearing
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0005| the number in the upper right-hand corner may be readily and
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0006| easily detached from the ballot;
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0007| (2) be uniform in size;
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0008| (3) be printed on good quality paper;
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0009| (4) be printed in plain black type; [and]
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0010| (5) have all words and phrases printed
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0011| correctly and in their proper places; and
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0012| (6) have district and precinct, if
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0013| applicable.
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0014| B. The following heading shall be printed on each
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0015| paper ballot used in all municipal elections:
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0016| "OFFICIAL ELECTION BALLOT
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0017| Election held . . . . . . . . . . (insert date)".
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0018| C. If the election is a regular municipal election,
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0019| then the paper ballot shall be prepared consistent with the
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0020| requirements of [Subsections A through E of] Section 3-8-29
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0021| NMSA 1978. In addition, next to each candidate's name shall
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0022| appear an empty box to be used when voting for that candidate.
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0023| [Below the candidates' names for each office shall appear the
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heading "Write-In Candidates"] Where space is allowed on a
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0025| paper ballot for entering the name of a declared write-in
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0001| candidate, that space shall be clearly designated by the use of
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0002| the heading "Write-in Candidate". Below the heading shall
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0003| appear one line, with a box to the right of the line, for each
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0004| individual office holder to be elected. Below the last
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0005| candidate's name shall appear any question presented, in the
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0006| order designated by the governing body.
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0007| D. If the election is a special municipal election,
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0008| then questions presented shall be placed on the paper ballot in
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0009| the order designated by the governing body.
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0010| E. Next to each question presented on a paper
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0011| ballot shall appear two empty boxes, one labeled "FOR" and the
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0012| other [labled] labeled "AGAINST".
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0013| F. At the bottom of all paper ballots shall be
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0014| printed: "OFFICIAL ELECTION BALLOT", followed by a facsimile
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0015| signature of the municipal clerk."
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0016| Section 8. Section 3-8-19 NMSA 1978 (being Laws 1971,
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0017| Chapter 306, Section 8, as amended) is amended to read:
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0018| "3-8-19. PRECINCT BOARDS--APPOINTMENTS--COMPENSATION.--
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0019| A. In order to qualify as a member of the precinct
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0020| board, a person shall:
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0021| (1) be a resident qualified elector of the
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0022| municipality and a resident of the precinct or consolidated
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0023| precinct within the jurisdiction of the precinct board.
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0024| However, if there is a shortage or absence of precinct board
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0025| members in certain precincts or consolidated precincts, then a
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0001| person who is a resident qualified elector of the municipality
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0002| and a nonresident of the precinct or consolidated precinct may
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0003| be appointed;
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0004| (2) be able to read and write;
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0005| (3) have the necessary capacity to carry out
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0006| the functions of the office with acceptable skill and dispatch;
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0007| and
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0008| (4) execute the precinct board member's oath
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0009| of office.
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0010| B. No person shall be qualifed for appointment or
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0011| service on a precinct board if that person is a:
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0012| (1) candidate for any municipal office;
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0013| (2) spouse, parent, child, brother or sister
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0014| of any candidate to be voted for at the election;
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0015| (3) sheriff, deputy sheriff, marshal, deputy
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0016| marshal, state or municipal policeman;
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0017| (4) spouse, parent, child, brother or sister
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0018| of the municipal clerk or any deputy or assistant municipal
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0019| clerk; or
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0020| (5) municipal clerk or deputy or assistant
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0021| municipal clerk.
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0022| C. Not less than thirty-five days before the day of
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0023| the municipal election, the governing body shall appoint a
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0024| precinct board for each polling place. The precinct board
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0025| shall consist of [three election judges, two of whom may also
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be appointed as election clerks; two election clerks; and] no
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0002| fewer than three and no more than five members. Each board
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0003| shall have no fewer than three election judges and no fewer
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0004| than two election clerks. Election judges may also be
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0005| appointed as election clerks. Not less than two alternates
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0006| shall be appointed who shall become either election judges or
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0007| election clerks or both as the need arises. On the thirty-
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0008| fifth day before the day of the election, the municipal clerk
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0009| shall post and maintain in the clerk's office until the day of
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0010| the election the names of the election judges, election clerks
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0011| and alternates for each polling place. The posting of the
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0012| names of the election judges, election clerks and alternates
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0013| for each polling place may be proved by an affidavit signed by
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0014| the municipal clerk. The municipal clerk shall, by mail,
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0015| notify each person appointed, request a written acceptance and
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0016| keep a record of all notifications and acceptances. The notice
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0017| shall state the date by which the person must accept the ap-
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0018|
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0019| pointment. If any person appointed to a precinct board, or as
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0020| an alternate, fails to accept an appointment within seven days
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0021| after the notice is sent, the position shall be deemed vacant
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0022| and the position shall be filled as provided in this section.
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0023| D. The county clerk shall furnish upon request of
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0024| the municipal clerk the names and addresses of qualified
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0025| precinct board members for general elections, and such precinct
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0001| board members may be appointed as precinct board members for
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0002| municipal elections.
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0003| E. The municipal clerk shall appoint a qualified
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0004| elector as a precinct board member to fill any vacancy which
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0005| may occur between the day when the list of precinct board
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0006| members is posted and the day of the election. If a vacancy
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0007| occurs on the day of the election, the precinct board members
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0008| present at the polling place may appoint by a majority vote a
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0009| qualified elector to fill the vacancy. If the vacancy was
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0010| filled after the date of the election school, then that person
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0011| need not attend an election school in order to validly serve on
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0012| the precinct board.
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0013| F. Members of a precinct board shall be compensated
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0014| for their services at the rate provided in Section 1-2-16 NMSA
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0015| 1978 for the day of the election. The governing body may
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0016| authorize payment to alternates who are required by the
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0017| precinct board or municipal clerk to stand by on election day
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0018| at the rate of not more than twenty dollars ($20.00) for the
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0019| day of the election.
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0020| G. Compensation shall be paid within thirty days
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0021| following the date of election."
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0022| Section 9. Section 3-8-26 NMSA 1978 (being Laws 1965,
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0023| Chapter 300, Section 14-8-4, as amended) is amended to read:
|
0024| "3-8-26. REGULAR MUNICIPAL ELECTION [NOTICE]
|
0025| PUBLICATION OF RESOLUTION--CHOICE OF BALLOTS OR VOTING
|
0001| MACHINES.--
|
0002| A. Not earlier than one hundred and twelve days
|
0003| [nor] or later than eighty-four days prior to the date of a
|
0004| regular municipal election, the governing body shall adopt an
|
0005| election resolution calling for the regular municipal election.
|
0006| The election resolution shall be published in both English and
|
0007| Spanish and once within fifteen days of adoption and again not
|
0008| less than sixty days prior to the election [nor] or more
|
0009| than seventy-five days prior to the election, as provided in
|
0010| Subsection J of Section [3-1-2J] 3-1-2 NMSA 1978. In
|
0011| addition, the election resolution shall be posted in the office
|
0012| of the municipal clerk within twenty-four hours from the date
|
0013| of adoption until the date of the election. For information
|
0014| purposes and coordination, one copy of the election resolution
|
0015| shall be mailed within fifteen days of adoption to the
|
0016| secretary of state and the county clerk of the county in which
|
0017| the municipality is located.
|
0018| B. The resolution shall state the date when the
|
0019| election will be held, the offices to be filled, the questions
|
0020| to be submitted to the voters, the date and time of the closing
|
0021| of the registration books by the county clerk as required by
|
0022| law, the date and time for filing the declaration of candidacy,
|
0023| the location of polling places and the consolidation of
|
0024| precincts, if any, notwithstanding any conflicting provisions
|
0025| of Section 1-3-5 NMSA 1978. Any question to be submitted to
|
0001| the voters in addition to the election of municipal officers
|
0002| may be included in the election resolution, but such inclusion
|
0003| shall not substitute for any additional or separate resolution
|
0004| or publication thereof as required by law.
|
0005| C. In those municipalities allowed by law to use
|
0006| paper ballots, the election resolution shall also state whether
|
0007| paper ballots or voting machines will be used in the election."
|
0008| Section 10. Section 3-8-27 NMSA 1978 (being Laws 1965,
|
0009| Chapter 300, Section 14-8-8, as amended) is amended to read:
|
0010| "3-8-27. REGULAR MUNICIPAL ELECTION--DECLARATION OF
|
0011| CANDIDACY--WITHDRAWING NAME FROM BALLOT--PENALTY FOR FALSE
|
0012| STATEMENT.--
|
0013| A. Candidate filing day shall be between the hours
|
0014| of 8:00 a.m. and 5:00 p.m. on the fifty-sixth day preceding the
|
0015| day of election. On candidate filing day, a candidate for
|
0016| municipal office shall personally appear at the office of the
|
0017| municipal clerk to file all documents required by law in order
|
0018| to cause a person to be certified as a candidate.
|
0019| Alternatively, on candidate filing day, a person acting solely
|
0020| on the candidate's behalf, by virtue of a written affidavit of
|
0021| authorization signed by the candidate, notarized and presented
|
0022| to the municipal clerk by such person, shall file in the office
|
0023| of the municipal clerk all documents required by law in order
|
0024| to cause a person to be certified as a candidate.
|
0025| B. On candidate filing day, each candidate shall
|
0001| cause to be filed in the office of the municipal clerk [(1)]
|
0002| a declaration of candidacy and [(2)] a certified copy of the
|
0003| candidate's current affidavit of voter registration on file
|
0004| with the county clerk which has been certified by the office of
|
0005| the county clerk on a date not earlier than the adoption of the
|
0006| election resolution [or (3) the triplicate copy of the
|
candidate's current affidavit of registration which has been
|
stamped by the office of the county clerk as accepted for
|
filing on a date not earlier than the adoption of the election
|
resolution].
|
0011| C. All candidates shall cause their affidavits of
|
0012| voter registration to show their address as a street address or
|
0013| rural route number and not as a post office box.
|
0014| D. The municipal clerk shall provide a form for the
|
0015| declaration of candidacy and shall accept only those
|
0016| declarations of candidacy which contain:
|
0017| (1) the identical name and the identical
|
0018| resident street address as shown on the affidavit of
|
0019| registration of the candidate submitted with the declaration of
|
0020| candidacy;
|
0021| (2) the office and term to which the candidate
|
0022| seeks election and district designation, if appropriate;
|
0023| (3) a statement that the candidate is eligible
|
0024| and legally qualified to hold the office for which the
|
0025| candidate is filing;
|
0001| (4) a statement that the candidate has not
|
0002| been convicted of a felony or, if the candidate has been
|
0003| convicted of a felony, a statement that the candidate's
|
0004| elective franchise has been restored;
|
0005| (5) a statement that the candidate or the
|
0006| candidate's authorized representative shall personally appear
|
0007| at the office of the municipal clerk during normal business
|
0008| hours on the fifty-fourth day before the election to ascertain
|
0009| whether the municipal clerk has certified the declaration of
|
0010| candidacy as valid;
|
0011| (6) a telephone number at which the candidate
|
0012| or the candidate's authorized representative can be reached for
|
0013| purposes of giving telephone notice;
|
0014| (7) a statement to the effect that the
|
0015| declaration of candidacy is an affidavit under oath and that
|
0016| any false statement knowingly made therein constitutes a fourth
|
0017| degree felony under the laws of New Mexico; and
|
0018| (8) the notarized signature of the candidate
|
0019| on the declaration of candidacy.
|
0020| E. The municipal clerk shall not accept a
|
0021| declaration of candidacy for more than one municipal elected
|
0022| office per candidate, so that each candidate declares for only
|
0023| one municipal elected office.
|
0024| F. Once filed, the declaration of candidacy is a
|
0025| public record.
|
0001| G. Not later than the fifty-fifth day preceding the
|
0002| day of the election, the municipal clerk shall determine
|
0003| whether the declaration of candidacy shall be certified. In
|
0004| order to be certified as a candidate, the documents submitted
|
0005| to the municipal clerk [must] shall prove that the indivi-
|
0006|
|
0007| dual is a qualified elector as defined in Subsection K of
|
0008| Section 3-1-2 NMSA 1978 and, if appropriate, that the in-
|
0009|
|
0010| dividual resides in and is registered to vote in the municipal
|
0011| election district from which the individual seeks election. In
|
0012| the event that an individual fails to submit to the municipal
|
0013| clerk on candidate filing day the documents listed in
|
0014| Subsection B of this section in the form and with the contents
|
0015| as required by this section, then the municipal clerk shall not
|
0016| certify that individual as a candidate for municipal office.
|
0017| H. The municipal clerk shall post in the clerk's
|
0018| office a list of the names of those individuals who have been
|
0019| certified as candidates. The municipal clerk shall also post
|
0020| in the clerk's office the names of those individuals who have
|
0021| not been certified as candidates, along with all the reasons
|
0022| therefor. Such posting shall occur no later than 9:00 a.m. on
|
0023| the fifty-fourth day preceding the election.
|
0024| I. Not later than 5:00 p.m. on the forty-ninth day
|
0025| before the day of the election, a candidate for municipal
|
0001| office may file an affidavit on the form provided by the
|
0002| municipal clerk in the office of the municipal clerk stating
|
0003| that he is no longer a candidate for municipal office. A
|
0004| municipal clerk shall not place on the ballot the name of any
|
0005| person who has filed an affidavit as provided in this subsec-
|
0006|
|
0007| tion.
|
0008| J. Not later than 10:00 a.m. on the forty-eighth
|
0009| day preceding the election, the municipal clerk shall confirm
|
0010| with the printer on contract with the municipality and the
|
0011| county clerk the names of the candidates and their position on
|
0012| the ballot.
|
0013| K. Any person knowingly making a false statement in
|
0014| the declaration of candidacy is guilty of a fourth degree
|
0015| felony.
|
0016| L. No person shall be elected to municipal office
|
0017| as a write-in candidate unless that person has been certified
|
0018| as a declared write-in candidate by the municipal clerk, as
|
0019| follows:
|
0020| (1) write-in candidates filing day shall be on
|
0021| the forty-second day preceding the election between the hours
|
0022| of 8:00 a.m. and 5:00 p.m.;
|
0023| (2) write-in candidates shall file a
|
0024| declaration of write-in candidacy with the same documents and
|
0025| satisfy the same requirements as established in this section
|
0001| for candidates;
|
0002| (3) the municipal clerk shall, on the forty-
|
0003| first day preceding the election, certify those individuals who
|
0004| have satisfied the requirements of this section as declared
|
0005| write-in candidates;
|
0006| (4) not later than 9:00 a.m. on the fortieth
|
0007| day preceding the election, the municipal clerk shall, in the
|
0008| office of the municipal clerk:
|
0009| (a) post the names of those individuals
|
0010| who have been certified as declared write-in candidates; and
|
0011| (b) post the names of those individuals
|
0012| who have not been certified as declared write-in candidates
|
0013| along with the reasons therefor; and
|
0014| (5) not later than 5:00 p.m. on the twenty-
|
0015| eighth day preceding the election, a declared write-in
|
0016| candidate may file an affidavit that he is no longer a write-in
|
0017| candidate for municipal office. In the event that a declared
|
0018| write-in candidate files such an affidavit of withdrawal, any
|
0019| votes for such a candidate shall not be counted and canvassed."
|
0020| Section 11. Section 3-8-40 NMSA 1978 (being Laws 1985,
|
0021| Chapter 208, Section 48, as amended) is amended to read:
|
0022| "3-8-40. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO
|
0023| VOTE [TRIPLICATE OR] CERTIFICATE VOTING--FRAUDULENT AND
|
0024| DOUBLE VOTING.--
|
0025| A. No person shall vote in a municipal special or
|
0001| regular election unless that person is a qualified elector and
|
0002| he has appeared to vote at the polling place in the precinct or
|
0003| consolidated precinct which encompasses his place of residence
|
0004| as shown on the signature roster.
|
0005| B. No person shall vote whose name and affidavit of
|
0006| registration number appears on the list of voters purged from
|
0007| the rolls unless that person has again completed an affidavit
|
0008| of registration and his name also appears on the signature
|
0009| roster.
|
0010| C. Notwithstanding the provisions of Subsections A
|
0011| and B of this section, a person shall be permitted to vote even
|
0012| though that person's name cannot be found in the signature
|
0013| roster, provided:
|
0014| (1) his residence is within the boundaries of
|
0015| the municipality and within the boundaries of the precinct in
|
0016| which he offers to vote;
|
0017| (2) his name is not on the purged list or his
|
0018| name has been incorrectly placed on the purged list;
|
0019| (3) his name is not on the list of persons
|
0020| having been issued absentee ballots;
|
0021| (4) [he presents a triplicate affidavit of
|
registration which appears on its face to be valid or] he
|
0023| presents a certificate bearing the seal and signature of the
|
0024| county clerk stating that his duplicate affidavit of
|
0025| registration is on file at the county clerk's office, that he
|
0001| has not been purged and that he shall be permitted to vote in
|
0002| the precinct and election specified therein, provided that such
|
0003| authorization shall not be given orally by the county clerk;
|
0004| and
|
0005| (5) he executes a statement swearing or
|
0006| affirming to the best of his knowledge that he is a qualified
|
0007| elector resident of the municipality, currently registered and
|
0008| eligible to vote in that precinct and has not cast a ballot or
|
0009| voted in the election.
|
0010| D. Upon compliance with the requirements of
|
0011| Subsection C of this section, the election judge shall cause
|
0012| the election clerks to:
|
0013| (1) write the person's name and address, as
|
0014| shown on the certificate [or the triplicate affidavit of voter
|
registration], in the signature roster under the heading for
|
0016| name and address in the first blank space immediately below the
|
0017| last name and address appearing in the signature roster;
|
0018| (2) insert the person's ballot number or voter
|
0019| number as shown on the public counter of the voting machine on
|
0020| [the triplicate affidavit of voter registration or] the
|
0021| certificate and on his executed sworn statement;
|
0022| (3) retain the completed [triplicate
|
affidavit of voter registration or] certificate and the
|
0024| executed sworn statement, which shall be returned to the
|
0025| municipal clerk with the election returns; and
|
0001| (4) comply with all relevant requirements of
|
0002| Section 3-8-41 NMSA 1978.
|
0003| E. After canvass, the municipal clerk shall in
|
0004| writing notify the county clerk of the names of all individuals
|
0005| voting on triplicate affidavits of registration or
|
0006| certificates.
|
0007| F. A person who knowingly executes a false
|
0008| statement required by Paragraph (5) of Subsection C of this
|
0009| section is guilty of perjury as provided in the Criminal Code
|
0010| of this state, and voting on the basis of such falsely executed
|
0011| statement constitutes fraudulent voting.
|
0012| [G. To be valid, a triplicate affidavit of
|
registration dated after June 30, 1955 shall bear the signature
|
stamp of the county clerk.
|
H.] G. A person not entitled to vote who
|
0016| fraudulently votes or a person who votes or offers to vote more
|
0017| than once at any election is guilty of a fourth degree felony."
|
0018| Section 12. Section 3-8-43 NMSA 1978 (being Laws 1985,
|
0019| Chapter 208, Section 51, as amended) is amended to read:
|
0020| "3-8-43. CONDUCT OF ELECTION--CHALLENGES--REQUIRED
|
0021| CHALLENGES--ENTRIES--DISPOSITION.--
|
0022| A. A challenge may be interposed by a member of the
|
0023| precinct board or by a challenger for the following reasons,
|
0024| which [must] shall be stated in an audible tone by the
|
0025| person making the challenge:
|
0001| (1) the person offering to vote is not
|
0002| registered;
|
0003| (2) the person offering to vote is listed on
|
0004| the purge list or is listed among those persons in the precinct
|
0005| to whom an absentee ballot was issued;
|
0006| (3) the person offering to vote is not a
|
0007| qualified elector;
|
0008| (4) the person offering to vote is not listed
|
0009| on the signature roster or voter registration list;
|
0010| (5) in the case of an absentee ballot, if the
|
0011| official mailing envelope containing an absentee ballot has
|
0012| been opened prior to delivery of absentee ballots to the absent
|
0013| voter precinct board; or
|
0014| (6) the person offering to vote is a qualified
|
0015| elector of the municipality but does not reside in the district
|
0016| where he is offering to vote.
|
0017| B. When a person has offered to vote and a
|
0018| challenge is interposed and the person's name appears in the
|
0019| signature roster or his name has been entered in the signature
|
0020| roster pursuant to Subsection D of Section 3-8-40 NMSA 1978,
|
0021| the election clerk shall write the word "challenged" above the
|
0022| person's signature in the signature roster.
|
0023| (1) If the challenge is unanimously affirmed
|
0024| by the election judges, then:
|
0025| (a) the election clerk shall write the
|
0001| word "affirmed" above the person's signature next to the
|
0002| challenge notation in the signature roster;
|
0003| (b) the person shall nevertheless be
|
0004| furnished a paper ballot, whether or not voting machines are
|
0005| being used at the polling place, and the election clerk shall
|
0006| write the number of the ballot so furnished next to the
|
0007| person's signature in the signature roster;
|
0008| (c) the person shall be allowed to mark
|
0009| and prepare the ballot. He shall return the paper ballot to an
|
0010| election judge who shall announce the person's name in an
|
0011| audible tone and in his presence place the challenged ballot in
|
0012| an envelope marked "rejected", which shall be sealed and the
|
0013| person's name shall be written on such envelope; and
|
0014| (d) the envelope containing the rejected
|
0015| ballot shall then be deposited in the ballot box and shall not
|
0016| be counted.
|
0017| (2) If the challenge is not unanimously
|
0018| affirmed by the election judges, then:
|
0019| (a) the election clerks shall write the
|
0020| words "not affirmed" above the person's signature next to the
|
0021| challenge notation in the signature roster; and
|
0022| (b) the person shall be allowed to vote
|
0023| in the manner allowed by law as if the challenge had not been
|
0024| interposed.
|
0025| C. A required challenge shall be interposed by the
|
0001| precinct board when a person attempts to offer himself to vote
|
0002| and demands to vote and his name does not appear on the
|
0003| signature roster and cannot be entered pursuant to Subsection D
|
0004| of Section [30-8-40] 3-8-40 NMSA 1978. A required
|
0005| challenge shall be interposed by the precinct board as follows:
|
0006| (1) the election judge shall cause the
|
0007| election clerks to enter the person's name and address under
|
0008| the heading "name and address" in the signature roster in the
|
0009| first blank space immediately below the last name and address
|
0010| that appears in the signature roster;
|
0011| (2) the election clerk shall immediately write
|
0012| the words "required challenge" above the space provided for the
|
0013| person's signature in the signature roster;
|
0014| (3) the person shall sign his name in the
|
0015| signature roster;
|
0016| (4) the person shall nevertheless be furnished
|
0017| a paper ballot, whether or not voting machines are being used
|
0018| at the polling place, and the election clerk shall write the
|
0019| number of the ballot so furnished next to the person's
|
0020| signature in the signature roster; and
|
0021| (5) the person shall be allowed to mark and
|
0022| prepare the ballot. He shall return the paper ballot to an
|
0023| election judge who shall announce his name in an audible tone
|
0024| and in his presence place the required challenge ballot in an
|
0025| envelope marked "rejected--required challenge" which shall be
|
0001| sealed. The person's name shall be written on the envelope and
|
0002| the envelope containing the rejected ballot shall then be
|
0003| deposited in the ballot box and shall not be counted."
|
0004| Section 13. Section 3-8-47 NMSA 1978 (being Laws 1985,
|
0005| Chapter 208, Section 55) is amended to read:
|
0006| "3-8-47. CONDUCT OF ELECTIONS--DISPOSITION OF SIGNATURE
|
0007| ROSTER--MACHINE-PRINTED RETURNS--BALLOT BOXES--ELECTION RETURN
|
0008| CERTIFICATE--AFFIDAVITS--AND OTHER ELECTION MATERIALS.--
|
0009| A. After all certificates have been executed, the
|
0010| precinct board shall place one copy of the signature roster and
|
0011| one copy of the machine-printed returns in the stamped,
|
0012| addressed envelope provided for that purpose by the municipal
|
0013| clerk and immediately mail it to the district court.
|
0014| B. The following election returns and materials
|
0015| shall not be placed in the ballot box and shall be returned by
|
0016| the precinct board to the municipal clerk in the envelope
|
0017| provided by the municipal clerk for such purpose:
|
0018| (1) all ballot box keys;
|
0019| (2) one signature roster;
|
0020| (3) one voter registration list;
|
0021| (4) the election returns certificate;
|
0022| (5) one copy of the machine-printed returns;
|
0023| [and]
|
0024| (6) a machine cartridge for any electronic or
|
0025| marksense machine;
|
0001| [(6)] (7) voting machine permits; and
|
0002| [(7)] (8) all unused election supplies.
|
0003| C. The locked ballot box containing any paper
|
0004| ballot cast in the election, election returns and all material
|
0005| listed in Subsection B of this section shall be returned by the
|
0006| precinct board to the municipal clerk within twenty-four hours
|
0007| after the polls close.
|
0008| D. After receipt of ballot boxes and election
|
0009| returns and materials but not later than twenty-four hours
|
0010| after the polls close, the municipal clerk shall ascertain
|
0011| whether the locked ballot box and all the election returns and
|
0012| materials enumerated in Subsection B of this section have been
|
0013| returned to the municipal clerk as provided in Subsection C of
|
0014| this section. If the locked ballot box or all such election
|
0015| returns and materials are not timely returned by each precinct
|
0016| board, then the municipal clerk shall immediately issue a
|
0017| summons requiring the delinquent precinct board to appear and
|
0018| produce the missing ballot box or election returns or materials
|
0019| within twenty-four hours. The summons shall be served by a
|
0020| sheriff or state police officer without cost to the
|
0021| municipality, and the members of the precinct board shall not
|
0022| be paid for their service on election day unless the delay was
|
0023| unavoidable. If delivery pursuant to the summons is not timely
|
0024| made, then the vote in the precinct shall not be canvassed or
|
0025| made a part of the final election results except upon order of
|
0001| the district court after finding that the delay in the delivery
|
0002| of materials was due to forces beyond the control of the
|
0003| precinct board.
|
0004| E. Once the ballot box is locked, it shall not be
|
0005| opened prior to canvassing by the municipal clerk."
|
0006| Section 14. Section 3-8-48 NMSA 1978 (being Laws 1985,
|
0007| Chapter 208, Section 56) is amended to read:
|
0008| "3-8-48. CONDUCT OF ELECTIONS--EMERGENCY PAPER BALLOTS--
|
0009| PAPER BALLOTS--ONE TO A VOTER--RECEIPT OR DELIVERY--OCCUPATION
|
0010| OF VOTING MACHINES.--
|
0011| A. Only one emergency paper ballot or paper ballot
|
0012| shall be given to each qualified elector entitled to vote. The
|
0013| ballots shall be delivered to qualified electors entitled to
|
0014| vote in consecutive order, beginning with the lowest numbered
|
0015| ballot.
|
0016| B. No qualified elector entitled to vote shall
|
0017| receive a ballot from any person other than from an election
|
0018| judge at the polling place where the person is authorized to
|
0019| vote. No person other than an election judge shall deliver a
|
0020| ballot to any qualified elector entitled to vote.
|
0021| C. Unless otherwise provided by law, when voting
|
0022| machines are used as voting booths to mark emergency paper
|
0023| ballots, they shall not be occupied by more than one person at
|
0024| a time. A person shall not remain in or occupy such voting
|
0025| machine longer than is necessary to mark and prepare his
|
0001| emergency paper ballot, which shall not exceed five minutes.
|
0002| D. The marksense ballot shall be used and
|
0003| completed in the manner prescribed in Section 1-12-25.1 NMSA
|
0004| 1978 and returned to the presiding judge who shall place it in
|
0005| a locked ballot box to be counted when the machine is repaired
|
0006| or replaced or at the time the polls close. Counting and
|
0007| handling marksense ballots in emergency situations shall be
|
0008| done as prescribed for emergency paper ballots."
|
0009| Section 15. Section 3-8-55 NMSA 1978 (being Laws 1985,
|
0010| Chapter 208, Section 63) is amended to read:
|
0011| "3-8-55. POST-ELECTION DUTIES--CANVASS--DEFECTIVE RETURNS-
|
0012| -CORRECTION.--
|
0013| A. The municipal clerk shall immediately issue a
|
0014| summons directed to the precinct board, commanding [them]
|
0015| it to appear and make the necessary corrections or supply
|
0016| omissions or any missing election returns if:
|
0017| (1) it appears on the face of the election
|
0018| returns that any certificate has not been properly executed;
|
0019| (2) it appears that there is a discrepancy
|
0020| within the election returns;
|
0021| (3) it appears that there is a discrepancy
|
0022| between the number of votes set forth in the certificate for
|
0023| all candidates and the number of electors voting as shown by
|
0024| the election returns;
|
0025| (4) it appears that there is any omission,
|
0001| informality, ambiguity, error or uncertainty on the face of the
|
0002| returns; or
|
0003| (5) it appears that there are missing election
|
0004| returns.
|
0005| B. If any member or members of the precinct board
|
0006| fail to appear as required, the municipal clerk shall
|
0007| immediately issue a summons commanding them to appear. The
|
0008| summons shall be served by a sheriff or state police officer as
|
0009| in the manner of civil cases, and for each service a sheriff or
|
0010| state police officer shall be allowed the same mileage as is
|
0011| paid in civil cases.
|
0012| C. After issuing the necessary notifications or
|
0013| summonses, the canvass of all correct election returns shall
|
0014| proceed."
|
0015| Section 16. Section 3-8-71 NMSA 1978 (being Laws 1985,
|
0016| Chapter 208, Section 79, as amended) is amended to read:
|
0017| "3-8-71. PRESERVATION OF ELECTION INFORMATION.--
|
0018| A. The municipal clerk shall retain for two years
|
0019| after each municipal election:
|
0020| (1) the absentee ballot register and ballots,
|
0021| application for absentee ballots, absentee voter lists and
|
0022| affidavits of destruction;
|
0023| (2) the signature roster and registered voter
|
0024| list;
|
0025| (3) the machine-printed returns;
|
0001| (4) oaths of office of the precinct board;
|
0002| (5) the declarations of candidacy and
|
0003| withdrawals;
|
0004| (6) election resolution;
|
0005| (7) proof of all publications;
|
0006| (8) copies of all election material required
|
0007| to be published or posted;
|
0008| (9) copies of all [paper ballots] sample
|
0009| ballots and ballot labels;
|
0010| (10) voting machine permits;
|
0011| (11) affidavits of triplicate voter
|
0012| registration or certificates submitted by voters;
|
0013| (12) copies of all affidavits and certificates
|
0014| prepared in connection with the election;
|
0015| (13) certificates of canvass and amended
|
0016| certificates of canvass, if any;
|
0017| (14) all results of recounts, rechecks,
|
0018| contests and recanvass; and
|
0019| (15) all other significant election materials.
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0020| B. The district court shall retain for forty-five
|
0021| days after each municipal election all election materials sent
|
0022| by the precinct board. Thereafter, the material may be
|
0023| destroyed unless needed by the court in connection with a
|
0024| contest or other case or controversy.
|
0025| C. The municipal clerk shall destroy election
|
0001| records two years after the election by shredding, burning or
|
0002| otherwise destroying."
|
0003| Section 17. Section 3-8-77 NMSA 1978 (being Laws 1985,
|
0004| Chapter 208, Section 85) is amended to read:
|
0005| "3-8-77. ELECTIONEERING TOO [NEAR] CLOSE TO POLLING
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0006| PLACE--OBSTRUCTING POLLING PLACE--DISTURBING POLLING PLACE--
|
0007| PENALTY.--
|
0008| A. Electioneering too close to the polling place
|
0009| consists of any form of campaigning on election day within one
|
0010| hundred feet of the [entrances being utilized for access into
|
the] building in which the polling place is located and
|
0012| includes but is not limited to the display of signs, bumper
|
0013| stickers or distribution of campaign literature.
|
0014| B. A person who commits electioneering too close to
|
0015| the polling place is guilty of a petty misdemeanor.
|
0016| C. Obstructing the polling place consists of:
|
0017| (1) approaching nearer than fifty feet from
|
0018| any polling place during the conduct of the election with the
|
0019| intention of knowingly interfering with the legal conduct of
|
0020| the election; or
|
0021| (2) willfully blocking an entrance to the
|
0022| polling place so as to prevent free ingress and egress.
|
0023| D. A person who obstructs the polling place is
|
0024| guilty of a petty misdemeanor.
|
0025| E. Disturbing the polling place consists of doing
|
0001| one or more of the following acts in the building in which the
|
0002| polling place is located or outside the building in which the
|
0003| polling place is located on election day:
|
0004| (1) any act which knowingly interferes with or
|
0005| impedes the legal conduct of the election or the legal
|
0006| performance of any election official's duties or any act which
|
0007| unintentionally causes such result if such act is continued
|
0008| after an election judge orders a person to cease and desist
|
0009| such activity; or
|
0010| (2) any act which knowingly interferes with or
|
0011| impedes a person's right to cast a vote in quiet, secret and
|
0012| orderly surroundings or any act which unintentionally causes
|
0013| such result if such act is continued after an election judge
|
0014| orders a person to cease and desist such activity.
|
0015| F. A person who disturbs the polling place is
|
0016| guilty of a petty misdemeanor."
|
0017| Section 18. Section 3-8-78 NMSA 1978 (being Laws 1985,
|
0018| Chapter 208, Section 86) is amended to read:
|
0019| "3-8-78. COERCION OF EMPLOYEES--PERMITTING PRISONERS TO
|
0020| VOTE [OFFENSES] MALFEASANCE BY MESSENGERS--UNLAWFUL USE OR
|
0021| POSSESSION OF LIQUOR OR ILLEGAL DRUGS--PENALTY.--
|
0022| A. Coercion of employees consists of any officer or
|
0023| agent of any corporation, company or association or any person
|
0024| having supervision over or employing persons entitled to vote
|
0025| at any election directly or indirectly discharging or
|
0001| penalizing or threatening to discharge or penalize such
|
0002| employee because of the employee's opinions or beliefs or
|
0003| because of such employee's intention to vote or to refrain from
|
0004| voting for any candidate or for or against any question.
|
0005| B. A person who commits coercion of employees is
|
0006| guilty of a fourth degree felony.
|
0007| C. Permitting prisoners to vote consists of any
|
0008| person who has custody of convicts or prisoners taking such
|
0009| convicts or prisoners or permitting them to be taken to any
|
0010| polling place for the purpose of voting in any election.
|
0011| D. A person who permits prisoners to vote is guilty
|
0012| of a petty misdemeanor and shall be punished by a fine of
|
0013| not less than one hundred dollars ($100) nor more than five
|
0014| hundred dollars ($500), or by imprisonment for not less than
|
0015| thirty days nor more than ninety days, or both.
|
0016| E. Subsection C and Subsection D of this section do
|
0017| not prohibit permitting prisoners who are legally qualified to
|
0018| vote to cast an absentee ballot pursuant to the provisions of
|
0019| the Municipal Election Code.
|
0020| F. Malfeasance by messengers consists of the
|
0021| willful delay or failure of any official messenger to convey or
|
0022| deliver election supplies to the precinct board or municipal
|
0023| clerk, the willful delay or failure of any official messenger
|
0024| to convey or deliver the ballot box, key, election returns or
|
0025| other election materials, documents or supplies to the
|
0001| municipal clerk or precinct board or the willful delay or
|
0002| failure of any official messenger to perform as required by any
|
0003| precinct board member or the municipal clerk who makes a legal
|
0004| demand.
|
0005| G. Any messenger committing such malfeasance is
|
0006| guilty of a petty misdemeanor.
|
0007| H. Unlawful use or possession of alcoholic liquor
|
0008| or illegal [drug] drugs consists of the use or possession
|
0009| of any alcoholic liquor or illegal drug by any member of the
|
0010| precinct board, challengers, watchers or the municipal clerk
|
0011| prior to or while performing official duties on election day.
|
0012| Unlawful use or possession also consists of the use, possession
|
0013| or carrying of alcoholic liquor or illegal [drug] drugs
|
0014| within two hundred feet of the polling place during any
|
0015| election.
|
0016| I. A person who commits unlawful possession of
|
0017| alcoholic liquor or illegal [drug] drugs is guilty of a
|
0018| petty misdemeanor."
|
0019| Section 19. Section 3-9-6 NMSA 1978 (being Laws 1973,
|
0020| Chapter 375, Section 7, as amended) is amended to read:
|
0021| "3-9-6. FORM OF ABSENTEE BALLOT--FORM OF ABSENTEE BALLOT
|
0022| ENVELOPES.--
|
0023| A. The form of the absentee ballot shall be, as
|
0024| nearly as practicable, in the same form as prescribed by the
|
0025| municipal clerk for emergency paper ballots or paper ballots
|
0001| used in lieu of voting machines. However, to reduce weight and
|
0002| bulk for transport of absentee ballots, the size and weight of
|
0003| the paper for envelopes, ballots and instructions shall be
|
0004| reduced as much as is practicable. The ballots shall provide
|
0005| for sequential numbering.
|
0006| B. Absentee ballots and envelopes shall be
|
0007| delivered by the printer to the municipal clerk not later than
|
0008| thirty-five days prior to the date of the election to be held.
|
0009| C. The municipal clerk shall prescribe the form of:
|
0010| (1) official inner envelopes for use in
|
0011| sealing the completed absentee ballot;
|
0012| (2) official mailing envelopes for use in
|
0013| returning the official inner envelope to the municipal clerk;
|
0014| (3) absentee ballot instructions, describing
|
0015| proper methods for completion of the ballot and returning it;
|
0016| and
|
0017| (4) official transmittal envelopes for use by
|
0018| the municipal clerk in mailing absentee ballot materials.
|
0019| D. Official transmittal envelopes and official
|
0020| mailing envelopes for transmission of absentee ballot materials
|
0021| to and from the municipal clerk and federal voters and federal
|
0022| qualified electors shall be printed in [blue] red in the
|
0023| form prescribed by postal regulations and the Federal Voting
|
0024| Assistance Act of 1955. Official transmittal envelopes and
|
0025| official mailing envelopes for transmission of absentee ballot
|
0001| materials to and from the municipal clerk shall be printed in
|
0002| green in substantially similar form. All official inner
|
0003| envelopes shall be printed in green.
|
0004| E. The reverse of each official mailing envelope
|
0005| shall contain a form to be signed by the person completing the
|
0006| absentee ballot. The form shall identify the person and shall
|
0007| contain the following statement: "I will not vote in this
|
0008| election other than by the enclosed ballot. I will not receive
|
0009| or offer any compensation or reward for giving or withholding
|
0010| any vote."."
|
0011| Section 20. Section 3-9-7 NMSA 1978 (being Laws 1973,
|
0012| Chapter 375, Section 8, as amended by Laws 1995, Chapter 98,
|
0013| Section 2 and also by Laws 1995, Chapter 200, Section 7) is
|
0014| amended to read:
|
0015| "3-9-7. MANNER OF VOTING.--
|
0016| A. Any person voting an absentee ballot under the
|
0017| provisions of the Municipal Election Code shall secretly mark
|
0018| the ballot in the manner provided in the Municipal Election
|
0019| Code for marking emergency paper ballots, remove any visible
|
0020| number on the ballot, place the ballot in the official inner
|
0021| envelope and securely seal the envelope. The person voting
|
0022| shall then place the official inner envelope inside the
|
0023| official mailing envelope and securely seal the envelope. The
|
0024| person voting shall then fill in the form on the reverse of the
|
0025| official mailing envelope.
|
0001| B. Federal voters and federal qualified electors
|
0002| shall either deliver or mail the official mailing envelope to
|
0003| the municipal clerk of their municipality of residence or
|
0004| deliver it to a person designated by federal authority to
|
0005| receive executed ballots for transmission to the municipal
|
0006| clerk of the municipality of residence. Voters shall either
|
0007| deliver or mail the official mailing envelope to the municipal
|
0008| clerk of their municipality of residence.
|
0009| C. Any person voting on the marksense ballot shall
|
0010| secretly mark the ballot by completing the arrow in pencil
|
0011| directly to the right of the candidate's name or the proposed
|
0012| question. The voter shall then place the marked ballot in the
|
0013| official inner envelope and securely seal the envelope and then
|
0014| place the official inner envelope inside the official mailing
|
0015| envelope and securely seal the envelope. The voter shall then
|
0016| complete the form on the reverse of the official mailing
|
0017| envelope."
|
0018|
|
0019|
|
0020| FORTY-THIRD LEGISLATURE
|
0021| FIRST SESSION, 1997
|
0022|
|
0023|
|
0024| February 27, 1997
|
0025|
|
0001| Mr. President:
|
0002|
|
0003| Your RULES COMMITTEE, to whom has been referred
|
0004|
|
0005| SENATE BILL 1022
|
0006|
|
0007| has had it under consideration and reports same with
|
0008| recommendation that it DO PASS, and thence referred to the
|
0009| PUBLIC AFFAIRS COMMITTEE.
|
0010|
|
0011| Respectfully submitted,
|
0012|
|
0013|
|
0014|
|
0015|
|
0016| __________________________________
|
0017| Gloria Howes, Chairman
|
0018|
|
0019|
|
0020|
|
0021| Adopted_______________________ Not
|
0022| Adopted_______________________
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025|
|
0001| Date ________________________
|
0002|
|
0003|
|
0004| The roll call vote was 6 For 0 Against
|
0005| Yes: 6
|
0006| No: 0
|
0007| Excused: Altamirano, Aragon
|
0008| Absent: None
|
0009|
|
0010|
|
0011| S1022RU1
|
0012|
|
0013|
|
0014|
|
0015| FORTY-THIRD LEGISLATURE
|
0016| FIRST SESSION, 1997
|
0017|
|
0018|
|
0019| March 10, 1997
|
0020|
|
0021| Mr. President:
|
0022|
|
0023| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0024| referred
|
0025|
|
0001| SENATE BILL 1022
|
0002|
|
0003| has had it under consideration and reports same with
|
0004| recommendation that it DO PASS.
|
0005|
|
0006| Respectfully submitted,
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| __________________________________
|
0012| Shannon Robinson, Chairman
|
0013|
|
0014|
|
0015|
|
0016| Adopted_______________________ Not
|
0017| Adopted_______________________
|
0018| (Chief Clerk) (Chief Clerk)
|
0019|
|
0020|
|
0021|
|
0022| Date ________________________
|
0023|
|
0024|
|
0025| The roll call vote was 5 For 2 Against
|
0001| Yes: 5
|
0002| No: Boitano, Vernon
|
0003| Excused: Ingle, Smith
|
0004| Absent: None
|
0005|
|
0006|
|
0007| S1022PA1
|
0008| FORTY-THIRD LEGISLATURE
|
0009| FIRST SESSION, 1997
|
0010|
|
0011|
|
0012|
|
0013| October 23, 1997
|
0014|
|
0015|
|
0016| SENATE FLOOR AMENDMENT number to SENATE BILL 1022
|
0017|
|
0018| AMENDMENT sponsored by SENATOR DURAN
|
0019|
|
0020| 1. On page 10, line 21, strike the words "vote tabulating"
|
0021| and insert "electronic".
|
0022|
|
0023| 2. On page 33, line 6, strike the word "or".
|
0024|
|
0025| 3. On page 33, line 7, strike the underlined words
|
0001| "marksense machine".
|
0002|
|
0003| 4. On page 35, line 8, strike the word "marksense".
|
0004|
|
0005|
|
0006|
|
0007|
|
0008|
|
0009| Senator Dianna J. Duran
|
0010|
|
0011|
|
0012| Adopted Not Adopted
|
0013|
|
0014| (Chief Clerk) (Chief Clerk)
|
0015|
|
0016|
|
0017| Date
|
0018|
|
0019|
|
0020|
|
0021|
|
0022| S1022FS1
|