44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO ELECTIONS; PROVIDING THAT COUNTY CLERKS MAIL THE OFFICIAL APPLICATION FOR AN ABSENTEE BALLOT; PROHIBITING THE SOLICITATION OF ABSENTEE VOTING; PRESCRIBING A CRIMINAL PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 1-6-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 130, as amended) is amended to read:

"1-6-4. ABSENTEE BALLOT APPLICATION.--

A. Application by a federal qualified elector for an absentee ballot shall be made on the official postcard form prescribed or authorized by the federal government to the county clerk of the county of his residence.

B. Application [by a voter] for an absentee ballot shall be made only by a voter on a form prescribed, printed and furnished by the secretary of state to the county clerk of the county in which he resides. The form shall identify the applicant and contain information to establish his qualification for issuance of an absentee ballot under the Absent Voter Act; provided that on the application form for a general election ballot there shall be no box, space or place provided for designation of the voter's political party affiliation.

C. Each application for an absentee ballot shall be subscribed by the applicant.

D. The official application form for an absentee ballot shall be mailed only by the county clerk upon the request of the voter.

E. Political parties and candidates or any person working for or on behalf of either shall not solicit absentee voting by mail.

F. Whoever violates the provisions of Subsection E of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."