SENATE RULES COMMITTEE SUBSTITUTE FOR
SENATE BILL 48
55th legislature - STATE OF NEW MEXICO - first session, 2021
AN ACT
RELATING TO ELECTIONS; AMENDING THE ELECTION CODE; REVISING DEFINITIONS; PRESCRIBING THE SECRETARY OF STATE'S DUTIES RELATING TO FORMS; DIRECTING THE MAINTENANCE OF AN ELECTIONS SECURITY PROGRAM; REQUIRING THE ESTABLISHMENT OF VOTER CONVENIENCE CENTERS; ADJUSTING REQUIREMENTS FOR REGISTRATION AT VOTING LOCATIONS PRIOR TO VOTING AND REGISTRATION PROCESSING PROCEDURES; REVISING VOTER REGISTRATION PROVISIONS FOR THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT; REVISING REQUIREMENTS FOR MAILED BALLOT APPLICATIONS AND ENVELOPES AND MAILED BALLOT HANDLING PROCEDURES; ADDRESSING BALLOT PROCEDURES FOR THE INTIMATE PARTNER VIOLENCE SURVIVOR SUFFRAGE ACT; REINSTATING THE PRIMARY ELECTION LAW SHORT TITLE ACT; ADJUSTING TIME FRAMES TO NOMINATE CANDIDATES TO FILL VACANCIES ON THE GENERAL ELECTION BALLOT; AMENDING VOTING SYSTEMS REQUIREMENTS; CORRECTING AND PRESCRIBING THE ORDER OF OFFICES ON BALLOTS; REQUIRING A NOTICE OF ELECTION TO BE SENT TO VOTERS; ADDRESSING BALLOT TALLYING PROCEDURES AND THE PREPARATION OF THE COUNTY CANVASS REPORT; PRESCRIBING POST-ELECTION DUTIES; PROVIDING REQUIREMENTS FOR THE IMPOUNDMENT OF BALLOTS AND TIME FRAMES FOR AUDITS; ADJUSTING TIME FRAMES FOR REFERENDUM PETITIONS; AUTHORIZING TAXPAYER INFORMATION TO BE REVEALED TO THE SECRETARY OF STATE FOR PURPOSES OF MAINTAINING VOTER REGISTRATION RECORDS; REMOVING REFERENCES TO PUBLIC REGULATION COMMISSIONER AS AN ELECTED OFFICE THROUGHOUT THE ELECTION CODE; RECOMPILING A SECTION AUTHORIZING LEGISLATIVE CAUCUS COMMITTEES INTO THE CAMPAIGN REPORTING ACT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; REPEALING AND REENACTING SECTION 1-4-5.7 NMSA 1978 (BEING LAWS 2019, CHAPTER 67, SECTION 1, AS AMENDED); REPEALING LAWS 2020, CHAPTER 9, SECTIONS 1 THROUGH 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-1-3.3 NMSA 1978 (being Laws 2011, Chapter 137, Section 2, as amended) is amended to read:
"1-1-3.3. ELECTION-RELATED ORGANIZATION.--As used in the Election Code, "election-related organization" means an organization that registered with the secretary of state [that] at least ninety days before a regularly scheduled statewide election or sixty-three days before a special election or an election to fill a vacancy in the United States house of representatives and is involved in election monitoring or voter turnout activities, but does not include a qualified political party in an election in which the political party is represented on the ballot."
SECTION 2. Section 1-1-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 16, as amended) is amended to read:
"1-1-16. REGISTRATION OFFICER.--As used in the Election Code, "registration officer" means the secretary of state, a county clerk or a clerk's authorized deputy, a member of [the] an election board [of registration] designated by the county clerk to perform registration duties at a polling location or a state employee performing registration duties in accordance with the federal National Voter Registration Act of 1993 or Section 1-4-5.2 NMSA 1978."
SECTION 3. Section 1-2-1 NMSA 1978 (being Laws 1969, Chapter 240, Section 22, as amended) is amended to read:
"1-2-1. SECRETARY OF STATE--CHIEF ELECTION OFFICER--RULES.--
A. The secretary of state is the chief election officer of the state.
B. The secretary of state shall:
(1) obtain and maintain uniformity in the application, operation and interpretation of the Election Code; and
(2) subject to the State Rules Act, make rules pursuant to the provisions of, and necessary to carry out the purposes of, the Election Code and shall furnish to the county clerks copies of such rules; provided that no rule is adopted or amended within the sixty-three days before a primary or a general election.
C. No forms or procedures shall be used in any election held pursuant to the Election Code without prior approval of the secretary of state. If a form is required and prescribed by the Election Code, the secretary of state shall issue or approve the form consistent with the prescribed form in the Election Code. If a form is required but not prescribed by the Election Code, the secretary of state shall issue and approve the form consistent with the provisions of the Election Code."
SECTION 4. A new section of Chapter 1, Article 2 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ELECTIONS SECURITY PROGRAM--GENERAL RESPONSIBILITIES.--
A. The secretary of state shall maintain an elections security program within the bureau of elections. The program shall have the general responsibility of advising the secretary of state, county clerks and the voting system certification committee regarding voting system and cybersecurity requirements and ensuring their implementation and shall be the primary liaison working with federal oversight and intelligence agencies regarding elections critical infrastructure.
B. The elections security program may conduct assessments, inspections and incident response in relation to networks and equipment deemed to be election-critical infrastructure, both at the state and county level.
C. Documents and communications related to election security or that could put election-critical infrastructure at risk are exempt from disclosure pursuant to the Inspection of Public Records Act."
SECTION 5. Section 1-2-20 NMSA 1978 (being Laws 1969, Chapter 240, Section 39, as amended) is amended to read:
"1-2-20. MESSENGERS--COMPENSATION.--
A. The county clerk may appoint messengers to deliver ballot boxes, poll books, keys, election supplies and other materials pertaining to the election. Messengers may also be authorized to collect absentee ballots from polling places or secured containers and removable media storage devices from polling places and deliver [them] each to locations designated by the county clerk.
B. Messengers may be compensated at the same daily or hourly rate as provided for election board members or at a rate established by the county clerk. Messengers may be paid mileage as provided in the Per Diem and Mileage Act each way over the usually traveled route when the messenger travels by private vehicle. The compensation and mileage shall be paid within thirty days following the date of election.
C. Messengers shall take an oath of office before entering into service as a messenger. Messengers may be appointed to serve solely in that capacity or may be election board members or county employees also appointed to serve as messengers."
SECTION 6. Section 1-3-4 NMSA 1978 (being Laws 1975, Chapter 255, Section 30, as amended) is amended to read:
"1-3-4. CONSOLIDATION OF PRECINCTS--VOTER CONVENIENCE CENTERS.--
A. The board of county commissioners [may permit voters in the county to cast ballots in statewide elections at] shall establish voter convenience centers through the use of consolidated precincts authorized pursuant to this section.
B. When precincts are consolidated and voter convenience centers are established for statewide elections:
(1) the resolution required by Section 1-3-2 NMSA 1978, in addition to the other matters required by law, shall state therein which precincts have been consolidated and the location of the voter convenience center within that consolidated precinct;
(2) any voter of the county shall be allowed to vote on a regular ballot at any voter convenience center in the county;
(3) each voter convenience center shall be a consolidated precinct composed of no more than ten precincts;
(4) each voter convenience center shall comply with the provisions of Section 1-3-7 NMSA 1978;
(5) each voter convenience center shall have a broadband internet connection and real-time access to the voter registration electronic management system;
(6) the county clerk may maintain any alternate voting locations or mobile alternate voting locations previously used in the same election open for voting on election day as a voter convenience center, in addition to the voter convenience center established within each consolidated precinct; provided that the locations otherwise meet the requirements of a voter convenience center; and
(7) the board of county commissioners may permit certain precincts to be exempted from operating as a voter convenience center or being a part of a consolidated precinct [provided that] if the precinct is [not] designated as a mail ballot election precinct pursuant to Section 1-6-22.1 NMSA 1978 [and the polling place for that precinct does not have real-time access to the voter registration electronic management system, voters registered in a precinct as described in this paragraph are permitted to vote at any voter convenience center on election day only by use of a provisional paper ballot, which shall be counted after the county clerk confirms that the voter did not also vote in the same election on any other ballot].
C. Unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived, each voter convenience center shall:
[(1) have ballots available for voters from every precinct authorized to vote at that voter convenience center;
(2)] (1) have at least one optical scan tabulator programmed to read every ballot style able to be cast at that voter convenience center;
[(3)] (2) have at least one voting system available to assist disabled voters to cast and record their votes;
[(4)] (3) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible;
[(5)] (4) have sufficient check-in stations to accommodate voters throughout the day as provided in Section 1-9-5 NMSA 1978;
[(6)] (5) have a secure area for storage of preprinted ballots or for storage of paper ballot stock and a system designed to print ballots at a polling location;
[(7)] (6) issue a ballot to voters who have provided the required voter identification after the voter has signed a signature roster or an electronic equivalent approved by the voting system certification committee or after the voter has subscribed an application to vote on a form approved by the secretary of state; and
[(8)] (7) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.
[D. As a prerequisite to consolidation, the authorizing resolution must find that consolidation will make voting more convenient and accessible to voters of the consolidated precinct and will not result in delays for voters in the voting process and that the voter convenience center will be centrally located within the consolidated precinct. The board of county commissioners shall give due consideration to input received from any local public body in the county regarding the location of voter convenience centers.]"
SECTION 7. Section 1-3-12 NMSA 1978 (being Laws 1984 (1st S.S.), Chapter 3, Section 4, as amended) is amended to read:
"1-3-12. ADJUSTING PRECINCT BOUNDARIES.--
A. Before each federal decennial census, every precinct shall comply with the requirements of Section 1-3-1 NMSA 1978, and if necessary its boundary shall be adjusted to coincide with a feature or a boundary that is:
(1) shown on the standard base maps developed pursuant to Subsection B of this section;
(2) a designated census block boundary on the proposed federal PL 94-171 2020 census block maps; or
(3) approved by the secretary of state and the United States bureau of the census.
B. Prior to commencement of the federal decennial census, the secretary of state shall have prepared and shall furnish to each county clerk standard base maps of the county. The standard base map for urban and nonurban areas of the county shall, as nearly as practical, show:
(1) all state and federal highways;
(2) all numbered and named county roads that have been certified to the department of transportation;
(3) all military installation boundaries and federal and state prison boundaries;
(4) all major railroad lines;