HOUSE BILL
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Javier Mart nez and Gail Chasey and Katy M. Duhigg and
D. Wonda Johnson and Raymundo Lara
AN ACT
RELATING TO ELECTIONS; AMENDING AND ENACTING AUTOMATIC VOTER REGISTRATION AND UPDATES TO REGISTRATION PROVISIONS; REPEALING AND REPLACING THE DRIVER'S LICENSE VOTER REGISTRATION PROVISIONS; REPEALING AND REPLACING THE REGISTRATION AT VOTING LOCATION PRIOR TO VOTING PROVISIONS; DEFINING THE UNLAWFUL USE OR DISPOSITION OF VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS; LIMITING THE USE AND DISPOSITION OF VOTER INFORMATION; PROVIDING THAT INMATES ARE ELIGIBLE TO VOTE AND REGISTER TO VOTE UPON RELEASE; ELIMINATING A REQUIREMENT THAT A VOTER'S REGISTRATION BE CANCELED UPON FELONY CONVICTION AND CONFORMING THE RESTORATION OF CITIZENSHIP PROVISION ACCORDINGLY; CREATING A VOLUNTARY PERMANENT ABSENTEE VOTER LIST; PROVIDING REQUIREMENTS FOR THE PROVISION OF MONITORED SECURED CONTAINERS; ENACTING THE NATIVE AMERICAN VOTING RIGHTS ACT TO PROTECT POLLING PLACE ACCESS AND ADDRESS OTHER ELECTION ISSUES INVOLVING VOTERS ON INDIAN NATION, TRIBAL AND PUEBLO LAND; DECLARING THE DAY OF A GENERAL ELECTION AND A REGULAR LOCAL ELECTION A SCHOOL HOLIDAY; MAKING CONFORMING AND TECHNICAL CHANGES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-3-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 58, as amended) is amended to read:
"1-3-8. PRECINCT CHANGES--NOTICE AND PUBLICATION.--[A.] Upon the adoption of any resolution, or upon the final action of any district court upon a petition creating, abolishing, dividing or consolidating any precinct, or changing any precinct boundary, or changing any designated polling place, the board of county commissioners shall:
[(1)] A. send a certified copy of the resolution or court order to the secretary of state and to the county chair of each of the major political parties; and
[(2)] B. publish once the resolution in a newspaper as provided in the Election Code.
[B. A polling place located on Indian nation, tribal or pueblo lands shall not be eliminated or consolidated with other polling locations without the written agreement of the Indian nation, tribe or pueblo on which the polling place is located.]"
SECTION 2. Section 1-4-5.2 NMSA 1978 (being Laws 1995, Chapter 198, Section 3) is amended to read:
"1-4-5.2. AGENCY REGISTRATION--FORM.--
A. A qualified elector may register to vote at certain state government offices.
B. Pursuant to Section 1-4-47 NMSA 1978, a qualified elector who applies for a driver's license, license renewal or motor vehicle identification card who is not registered to vote in this state and who is not automatically registered to vote pursuant to the automatic voter registration provisions of Section 1-4-47 NMSA 1978 may simultaneously register to vote or file a change of address for voter registration purposes.
C. Pursuant to Section 1-4-48 NMSA 1978, a qualified elector may register to vote in any state agency that provides public assistance or services to persons with disabilities. The secretary of state may designate other state or local public offices with the agreement of those offices.
D. Pursuant to Sections 1-4-47 and 1-4-47.1 NMSA 1978, a qualified elector may become registered to vote by automatic voter registration at the motor vehicle division of the taxation and revenue department or other state or local public offices designated by the secretary of state."
SECTION 3. Section 1-4-5.5 NMSA 1978 (being Laws 1975, Chapter 255, Section 78, as amended) is amended to read:
"1-4-5.5. REQUESTS FOR VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS.--
A. The county clerk or secretary of state shall furnish voter data, mailing labels or special voter lists only upon written request to the county clerk or the secretary of state and after compliance with the requirements of this section; provided, however, all requesters shall be treated equally in regard to the charges and the furnishing of the materials.
B. In furnishing voter data, mailing labels or special voter lists, the county clerk or secretary of state shall not provide data or lists that include voters' social security numbers, codes used to identify agencies where voters have registered, a voter's day and month of birth or voters' telephone numbers if prohibited by voters.
C. Each requester of voter data, mailing labels or special voter lists shall sign an affidavit that the voter data, mailing labels and special voter lists shall be used for governmental or [election and] election campaign purposes only, shall not be transferred, copied, shared or conveyed to any person outside the requesting party's agency or organization, shall not be made accessible by the general public on the internet or through other means and shall not be made available or used for unlawful purposes.
D. The secretary of state shall prescribe the form of the affidavit.
E. As used in this section:
(1) "election campaign purposes" means [relating in any way to] use by a campaign in an election conducted by a federal, state or local government;
(2) "governmental purposes" means noncommercial purposes [relating in any way to] used by a government agency or organization to analyze the structure, operation or decision-making of a federal, state or local government;
(3) "mailing labels" means prepared mailing labels of selected voters arranged in the order in which requested and providing only the name and address of the voter;
(4) "special voter list" means a prepared list of selected voters arranged in the order in which requested; and
(5) "voter data" means selected information derived from the voter file."
SECTION 4. Section 1-4-5.6 NMSA 1978 (being Laws 1975, Chapter 255, Section 79, as amended) is amended to read:
"1-4-5.6. UNLAWFUL USE OR DISPOSITION OF VOTER DATA, MAILING LABELS OR SPECIAL VOTER LISTS--PENALTIES.--
A. Unlawful use of voter data, mailing labels or special voter lists consists of:
(1) the knowing and willful [use of such information for purposes prohibited by the Voter Records System Act] selling, loaning, providing access to or otherwise surrendering of voter data, mailing labels or special voter lists by a person for purposes prohibited by the Election Code; or
(2) causing voter data, mailing labels or special voter lists or any part of the voter data, mailing label or special voter lists that identifies, or that could be used to identify, a specific voter or the voter's name, mailing or residence address to be made publicly available on the internet or through other means.
B. Any person, organization or corporation or agent, officer, representative or employee thereof who commits unlawful use of voter data, mailing labels or special voter lists is guilty of a fourth degree felony and upon conviction shall be fined one hundred dollars ($100) for each [and every] line of voter information that was unlawfully used.
C. Each [and every] unlawful use of voter data, mailing labels or special voter lists constitutes a separate offense."
SECTION 5. Section 1-4-5.7 NMSA 1978 (being Laws 2019, Chapter 67, Section 1, as amended) is repealed and a new Section 1-4-5.7 NMSA 1978 is enacted to read:
"1-4-5.7. [NEW MATERIAL] REGISTRATION AT VOTING LOCATION PRIOR TO VOTING.--
A. Notwithstanding the provisions of Section 1-4-8 NMSA 1978 providing for the closing of registration prior to an election, a qualified elector seeking to register to vote or update an existing certificate of registration in the state shall be allowed to do so at a voting location immediately before voting in that election after signing an affidavit under oath that the elector has not voted in the election in this state or elsewhere and as further provided in this section.
B. During a statewide election, a qualified elector may register to vote or update an existing certificate of registration at the county clerk's office or any early or election day voting location; provided that the secretary of state shall establish procedures to ensure that a registration officer has an opportunity to review the information of a qualified elector who registers to vote or updates an existing certificate of registration immediately before the qualified elector votes.
C. A voter whose political party affiliation on the voter's certificate of registration is with a major political party shall not be allowed to change party affiliation when updating an existing certificate of registration or registering to vote at a voting location immediately before voting in a primary election.
D. During a special election, a qualified elector may register to vote or update an existing certificate of registration at the county clerk's office during the regular hours and days of business beginning on the twenty-eighth day preceding the election until 7:00 p.m. on election day; provided that the county clerk shall provide the voter with a ballot and balloting materials immediately after the qualified elector registers to vote or updates the existing certificate of registration.
E. A qualified elector seeking to register to vote or update an existing certificate of registration pursuant to this section shall provide a physical form of identification that is issued by the federal government, a state government, a federally recognized Indian nation, tribe or pueblo or an educational institution and that:
(1) contains the name of the qualified elector, which shall reasonably match the name provided on the certificate of registration;
(2) contains a photograph of the qualified elector, which shall resemble the qualified elector;
(3) need not contain an expiration date, and if it does, the expiration date is not required to be a date on or after the date of the election; and
(4) shall either:
(a) contain an address that matches the address provided for the certificate of registration; or
(b) be accompanied by an original or copy of a utility bill, bank statement, government check, paycheck or other document issued by an educational institution or government, including a document issued by a federally recognized Indian nation, tribe or pueblo, dated within the ninety days prior to the qualified elector registering to vote or updating an existing certificate of registration and that contains the name of the qualified elector, which shall reasonably match the name provided on the certificate of registration, and an address that matches the address provided for the certificate of registration.
F. If a voting location does not have real-time synchronization with the voting data at the office of the county clerk, a voter desiring to update an existing certificate of registration or to register to vote shall be issued a provisional paper ballot. A provisional paper ballot issued pursuant to this section shall be qualified and tabulated once the county clerk determines that the voter did not vote any other ballot in the same election and if no challenge is successfully interposed."
SECTION 6. Section 1-4-24 NMSA 1978 (being Laws 1969, Chapter 240, Section 80, as amended) is amended to read:
"1-4-24. CANCELLATION OF REGISTRATION--COUNTY CLERK-- GROUNDS.--The county clerk shall cancel certificates of registration for the following reasons:
A. death of the voter;
[B. a felony conviction of the voter;
C.] B. at the request of the voter; or
[D.] C. at the direction of the board of registration."
SECTION 7. Section 1-4-27.1 NMSA 1978 (being Laws 2001, Chapter 46, Section 1, as amended) is amended to read:
"1-4-27.1. [CANCELLATION OF REGISTRATION FOLLOWING CONVICTION]--ELIGIBILITY [FOR VOTING UPON SATISFACTION OF CONDITIONS] TO VOTE AND REGISTER TO VOTE UPON RELEASE.--
[A. When a voter has been convicted of a felony in any state or federal court, the voter's registration shall be canceled.
B. A person convicted of a felony who is otherwise a qualified elector is eligible to register to vote when that person:
(1) has been unconditionally discharged from a correctional facility or detention center;
(2) has completed all conditions of parole or supervised probation; or
(3) has had the conviction overturned on appeal.
C. The secretary of state shall each month maintain current in the statewide voter registration electronic management system the eligibility status of persons convicted of felonies to register to vote pursuant to t