0001| SENATE BILL 1164
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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| DIANNA J. DURAN
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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; REVISING CERTAIN SECTIONS OF THE
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0012| ELECTION CODE RELATING TO PRECINCT BOARDS AND ABSENTEE BALLOTS;
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0013| AMENDING AND REPEALING OBSOLETE SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 1-2-10 NMSA 1978 (being Laws 1975,
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0017| Chapter 255, Section 16) is amended to read:
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0018| "1-2-10. PRECINCT BOARD--APPOINTMENT BY COUNTY CLERK--
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0019| METHOD OF DETERMINING MEMBERSHIP.--The county clerk shall
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0020| appoint [the] precinct board members for each precinct [in
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the following order:
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A.] from the list submitted by the major party
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0023| county chairmen to the county clerk in the order [stated
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thereon
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B.] specified on the list. If a list is not
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0001| submitted, then the county clerk shall appoint members from
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0002| the precinct board standby list, and
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0003| [C.] from any other list of voters who have the
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0004| same qualifications and comply with the same requirements as
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0005| provided for precinct board members."
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0006| Section 2. Section 1-2-12 NMSA 1978 (being Laws 1969,
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0007| Chapter 240, Section 32, as amended) is amended to read:
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0008| "1-2-12. PRECINCT BOARD--NUMBER FOR EACH PRECINCT--
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0009| MULTIPARTISAN.--
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0010| A. When absentee ballots are counted, the precinct
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0011| board shall consist of:
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0012| (1) a presiding judge;
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0013| (2) one election judge from each of the major
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0014| political parties;
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0015| (3) one election clerk [from each of the
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major political parties]; and
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0017| (4) if a major party has no registered,
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0018| qualified elector who is able to fill the position as election
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0019| judge or election clerk, a registered, qualified elector from
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0020| another major party, chosen by the county clerk to fill the
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0021| vacant position.
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0022| B. When one voting machine is to be used in a
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0023| precinct, the precinct board shall consist of:
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0024| (1) a presiding judge;
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0025| (2) two election judges who shall be of
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0001| different political parties; and
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0002| (3) one election clerk who shall be of a
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0003| different political party than the presiding judge.
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0004| C. When two voting machines are to be used in a
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0005| precinct, the precinct board shall consist of:
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0006| (1) a presiding judge;
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0007| (2) two election judges who shall be of
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0008| different political parties; and
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0009| (3) two election clerks who shall be of
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0010| different political parties.
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0011| D. When three voting machines are used in a
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0012| precinct, the precinct board shall consist of:
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0013| (1) a presiding judge;
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0014| (2) two election judges who shall be of
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0015| different political parties; and
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0016| (3) three election clerks, not more than two
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0017| of whom shall belong to the same political party.
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0018| E. If the county clerk determines that additional
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0019| election clerks are needed in a precinct, the clerk may appoint
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0020| such additional election clerks as he deems necessary
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0021| [provided, however, that such appointments shall be made in
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the manner that provides for representation from all major
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political parties].
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0024| F. In addition to the members of the precinct board
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0025| provided for in this section, the county clerk may appoint an
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0001| additional election clerk for the purpose of making changes in
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0002| the certificate of registration of any voter who has voted in
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0003| that election at the polling place."
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0004| Section 3. Section 1-6-5 NMSA 1978 (being Laws 1969,
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0005| Chapter 240, Section 131, as amended by Laws 1993, Chapter 314,
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0006| Section 43 and also by Laws 1993, Chapter 316, Section 43) is
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0007| amended to read:
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0008| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT--
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0009| [MAKING] MARKING AND DELIVERY OF BALLOT IN PERSON.--
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0010| A. The county clerk shall mark each completed
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0011| absentee ballot application with the date and time of receipt
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0012| in the clerk's office and enter the required information in the
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0013| absentee ballot register. The county clerk shall then
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0014| determine if the applicant is a voter, an absent uniformed
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0015| services voter or an overseas voter.
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0016| B. If the applicant has no valid certificate of
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0017| registration on file in the county and he is not a federal
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0018| qualified elector or if the applicant states he is a federal
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0019| qualified elector but his application indicates he is not a
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0020| federal qualified elector, no absentee ballot shall be issued
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0021| and the county clerk shall mark the application "rejected" and
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0022| file the application in a separate file from those accepted.
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0023| C. The county clerk shall notify in writing each
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0024| applicant of the fact of acceptance or rejection of his
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0025| application and, if rejected, shall explain why the application
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0001| was rejected.
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0002| D. If the applicant is determined to be a voter or
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0003| a federal qualified elector, the county clerk shall mark the
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0004| application "accepted" and deliver or mail to the applicant an
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0005| absentee ballot and the required envelopes for use in returning
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0006| the ballot. Acceptance of an application of a federal
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0007| qualified elector constitutes registration for the election in
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0008| which the ballot is to be cast. Acceptance of an application
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0009| from an overseas voter who is not an absent uniformed services
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0010| voter constitutes a request for changing information on the
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0011| certificate of registration of any such voter. No absent voter
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0012| shall be permitted to change his party affiliation during those
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0013| periods when change of party affiliation is prohibited by the
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0014| Election Code. Upon delivery or mailing of an absentee ballot
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0015| to any applicant who is a voter, an appropriate designation
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0016| shall be made on the signature line of the [signature roster
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next to the name of the person who has been sent an absentee
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ballot] absent voter's list and checklist of registered
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0019| voters.
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0020| E. If an application for an absentee ballot is
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0021| delivered in person to the county clerk and is accepted, the
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0022| county clerk shall deliver the absentee ballot and it shall be
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0023| marked by the applicant in a voting booth of a type prescribed
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0024| by the secretary of state in the courthouse, sealed in the
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0025| proper envelopes and otherwise properly executed and returned
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0001| to the county clerk or his authorized representative before the
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0002| applicant leaves the office of the county clerk. The act of
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0003| marking the absentee ballot in the office of the county clerk
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0004| shall be a convenience to the voter in the delivery of the
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0005| absentee ballot and does not make the office of the county
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0006| clerk a polling place subject to the requirements of a polling
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0007| place in the Election Code other than is provided in this
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0008| subsection. It shall be unlawful to solicit votes, display or
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0009| otherwise make accessible any posters, signs or other forms of
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0010| campaign literature whatsoever in the clerk's office. Absentee
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0011| ballots may be marked in person during the regular hours and
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0012| days of business at the county clerk's office from 8:00 a.m. on
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0013| the fortieth day preceding the election up until 5:00 p.m. on
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0014| the Saturday immediately prior to the date of the election. In
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0015| marking the absentee ballot, the voter may be assisted by one
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0016| person of the voter's own choice [upon the execution with the
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county clerk of an affidavit for assistance stating therein
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that the voter meets at least one of the conditions for re-
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ceiving such assistance as is set forth by the provisions of
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Section 1-12-12 NMSA 1978.
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F. Absentee ballots shall be air mailed to
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applicants temporarily domiciled inside or outside the
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continental limits of the United States not later than on the
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Thursday immediately prior to the date of the election] as
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0001| provided in Section 1-12-15 NMSA 1978.
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0002| F. Absentee ballots shall be mailed no later than
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0003| the Thursday prior to the date of the election to applicants
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0004| temporarily domiciled inside or outside the boundaries of the
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0005| state and no later than fifteen days prior to the date of the
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0006| election to applicants temporarily domiciled outside the
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0007| continental boundaries of the United States.
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0008| G. No absentee ballot shall be delivered or mailed
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0009| to any person other than the applicant for such ballot.
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0010| H. The county clerk shall accept and process with
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0011| respect to a primary or general election for any federal
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0012| office, any otherwise valid voter registration application from
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0013| an absent uniformed services voter or overseas voter if the
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0014| application is received not less than thirty days before the
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0015| election. The county clerk shall also accept and process
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0016| federal write-in absentee ballots from overseas voters in
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0017| general elections for federal offices in accordance with the
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0018| provisions of Section 103 of the federal Uniformed and Overseas
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0019| Citizens Absentee Voting Act."
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0020| Section 4. Section 1-6-15 NMSA 1978 (being Laws 1977,
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0021| Chapter 222, Section 13, as amended) is amended to read:
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0022| "1-6-15. CANVASS--RECOUNT OR RECHECK--DISPOSITION.--Where
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0023| no voting machines are used to register absentee ballots,
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0024| [such] the ballots shall be canvassed, recounted and
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0025| disposed of in the manner provided by the Election Code for the
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0001| canvassing, recounting and disposition of emergency paper
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0002| ballots. Where voting machines are used to register absentee
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0003| ballots, [such] the ballots shall be canvassed and re-
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0004|
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0005| checked in the manner provided by the Election Code for the
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0006| canvassing and recheck of ballots cast on a voting machine;
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0007| provided, in the event of a contest, voting machines used to
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0008| register absentee ballots shall not be rechecked but the
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0009| absentee ballots shall be recounted in the manner provided by
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0010| the Election Code for the recounting of emergency paper bal-
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0011|
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0012| lots. As used in this section, "voting machines" means [lever
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voting machines or] electronic voting machines as provided in
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0014| the Election Code."
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0015| Section 5. Section 1-6-17 NMSA 1978 (being Laws 1969,
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0016| Chapter 240, Section 142) is amended to read:
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0017| "1-6-17. [CANCELLATION OF] ABSENTEE BALLOT--[AT]
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0018| DEATH BEFORE ELECTION DAY.--If [any] a person voting
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0019| [under] pursuant to the provisions of the Absent Voter Act
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0020| dies after mailing or delivering his absentee ballot to the
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0021| county clerk but before [the absentee ballot is delivered to
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the deceased person's precinct board, his official outer
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envelope shall be marked "cancelled by board of registration"
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and preserved] election day, his absentee ballot shall be
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0025| processed by the county clerk in the same manner as [provided
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for other uncast ballots in Section 3-6-10B NMSA 1953] all
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0002| other absentee ballots."
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0003| Section 6. Section 1-6-23 NMSA 1978 (being Laws 1975,
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0004| Chapter 255, Section 95, as amended) is amended to read:
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0005| "1-6-23. ABSENT VOTER PRECINCT POLLING PLACE--HOURS [ON
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ELECTION DAY] DETERMINED BY COUNTY CLERK.--The hours in
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0007| which the absent voter precinct polling place shall be open for
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0008| delivery and counting of ballots shall be set by the county
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0009| clerk or statutorily appointed supervisor of the election."
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0010| Section 7. Section 1-9-2 NMSA 1978 (being Laws 1969,
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0011| Chapter 240, Section 185, as amended) is amended to read:
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0012| "1-9-2. SECRETARY OF STATE--MANNER OF APPROVAL.--
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0013| A. Any person desiring to have a type of voting
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0014| machine approved for use in New Mexico may apply to the
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0015| secretary of state to have [such] the machine examined and
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0016| approved. At the time application is made, the applicant shall
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0017| pay to the secretary of state [an examination fee of three
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hundred dollars ($300)] the estimated amount of the cost of
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0019| the examination, which shall not exceed five thousand dollars
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0020| ($5,000).
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0021| B. Upon receipt of the application and examination
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0022| fee, the secretary of state shall examine and study the
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0023| machine. As part of the examination, the secretary of state
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0024| shall require the machine to be independently inspected by two
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0025| mechanical experts and shall require from each of them a
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0001| written report on the results of their inspection.
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0002| C. Upon completion of [her] his examination,
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0003| the secretary of state shall make a written report on the
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0004| result of [her] his examination and findings and shall file
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0005| such report, together with the inspection reports of the two
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0006| mechanical experts, in the office of the secretary of state.
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0007| [Such reports and findings are public records] The written
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0008| report is a public record.
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0009| D. The secretary of state shall inform the
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0010| applicant in writing of the findings. If the findings show
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0011| that the voting machine type is adequate for the election needs
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0012| of New Mexico, it shall be deemed approved for use at elections
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0013| in this state."
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0014| Section 8. Section 1-9-13 NMSA 1978 (being Laws 1975,
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0015| Chapter 255, Section 121, as amended) is amended to read:
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0016| "1-9-13. VOTING MACHINE TECHNICIANS--APPROVAL OF
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0017| CONTRACTS.--
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0018| A. The secretary of state shall approve all
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0019| contracts, employment or otherwise, between a county and a
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0020| voting machine technician. Approval shall be based on the
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0021| following:
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0022| (1) adequacy of the training and expertise of
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0023| the voting machine technician; and
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0024| (2) reasonableness of the compensation for the
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0025| contracted services, based upon the type of election and the
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0001| number of machines to be used, but in no instance shall
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0002| [such] compensation exceed thirty-five dollars ($35.00) per
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0003| machine for programming [plus ten dollars ($10.00) for
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clearing each lever type voting machine]. The technician
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0005| shall receive seventeen dollars [and] fifty cents ($17.50)
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0006| for each hour of election school and for standby
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0007| troubleshooting services. The technician may also be paid
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0008| mileage.
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0009| B. Voting machine technicians shall be certified by
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0010| the secretary of state as to their adequacy of training and
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0011| expertise on [lever voting machines and] electronic voting
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0012| machines.
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0013| C. For purposes of this section, "voting machine
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0014| technician" means any person who programs, clears, inspects and
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0015| repairs [lever voting machines and] electronic voting
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0016| machines for compensation.
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0017| D. The secretary of state shall adopt rules and
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0018| regulations governing the use, maintenance and repair of
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0019| [lever voting machines and] electronic voting machines."
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0020| Section 9. Section 1-11-5 NMSA 1978 (being Laws 1969,
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0021| Chapter 240, Section 215, as amended) is amended to read:
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0022| "1-11-5. VOTING [DEVICE] MACHINE--PREPARATION.--
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0023| Thirty days before the election, the county clerk may begin to
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0024| prepare, inspect and seal [lever voting machines and]
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0025| electronic voting machines [which are to] that will be used
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0001| in the election. [and such] Preparation, inspection and
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0002| sealing shall continue until all machines are prepared,
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0003| inspected and sealed."
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0004| Section 10. REPEAL.--Sections 1-9-4 and 1-12-7 NMSA 1978
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0005| (being Laws 1969, Chapter 240, Sections 187 and 246, as
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0006| amended) are repealed.
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0007|
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0008|
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0009| FORTY-THIRD LEGISLATURE
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0010| FIRST SESSION, 1997 SB 1164/a
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0011|
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0012|
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0013| March 8, 1997
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0014|
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0015| Mr. President:
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0016|
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0017| Your RULES COMMITTEE, to whom has been referred
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0018|
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0019| SENATE BILL 1164
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0020|
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0021| has had it under consideration and reports same with
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0022| recommendation that it DO PASS, amended as follows:
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0023|
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0024| 1. On page 2, line 2, after "voters" insert "prepared by
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0025| the county clerk".
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0001|
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0002| 2. On page 5, line 14, restore "signature roster".
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0003|
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0004| 3. On page 5, line 16, strike "absent voter's list".
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0005|
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0006| 4. On page 6, line 13, strike "own".
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0007|
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0008| 5. On page 7, between lines 5 and 6, insert the following
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0009| new subsection:
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0010|
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0011| "H. An absentee ballot shall not be hand delivered to a
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0012| voter except by the county clerk or his staff within the physical
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0013| area of the county clerk's office; at an alternative voting
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0014| location; or as provided in Section 1-6-16.2 NMSA 1978.".
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0015|
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0016| 6. Renumber the succeeding subsection.
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0017|
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0018| Respectfully submitted,
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0019|
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0020|
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0021|
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0022|
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0023| __________________________________
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0024| Gloria Howes, Chairman
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0025|
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0001|
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0002|
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0003|
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0004|
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0005|
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0006|
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0007| Adopted_______________________ Not
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0008| Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date ________________________
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0013|
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0014|
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0015| The roll call vote was 5 For 0 Against
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0016| Yes: 5
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0017| No: 0
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0018| Excused: Altamirano, Aragon, Campos
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0019| Absent: None
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0020|
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0021|
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0022| S1164RU1 .118455.1
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0023|
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0024| FORTY-THIRD LEGISLATURE
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0025| FIRST SESSION
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0001|
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0002|
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0003| March 10, 1997
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0004|
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0005|
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0006| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 1164, as
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0007| amended
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0008|
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0009| Amendment sponsored by Senator Dianna J. Duran
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0010|
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0011|
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0012| 1. Strike Senate Rules Committee Amendment 5.
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0013|
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0014| 2. On page 7, between lines 5 and 6, insert the following
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0015| new subsection:
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0016|
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0017| "H. An absentee ballot shall not be hand delivered to a
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0018| voter except by the county clerk or a member of the county
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0019| clerk's staff within the physical area of the county clerk's
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0020| office; at an alternative voting location; or as provided in
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0021| Section 1-6-16.2 NMSA 1978.".
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0022|
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0023| 3. Reletter the succeeding subsection accordingly and
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0024| adjust cross-references to correspond with these amendments.
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0025|
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0001| 4. On page 9, strike the underscored language on lines 10
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0002| through 12 and insert in lieu thereof "the reasonable cost of the
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0003| examination".
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0004|
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0005|
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0006|
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0007| __________________________
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0008| Dianna J. Duran
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0009|
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0010|
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0011| Adopted ___________________ Not Adopted _______________________
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014|
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0015| Date _________________
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