SB 8 — VOTERS' RIGHTS PROVISIONS

e a n b 24 (1) become a voter upon the qualified u [ resident's eighteenth birthday;

or .222610.3 - 5 - SJC/SRC/SB 8 (2) be considered a voter for the purpose of participation in [a] any statewide or special election where the qualified resident is seventeen and will turn eighteen on or before the day of the [statewide or special] next general election [or (3) be considered a voter for the purpose of participation in a political party primary election where the qualified resident will turn eighteen on or before the day of the general election immediately succeeding the primary election].

Any resident of New Mexico who may be a e t 17 qualified elector upon the resident's eighteenth birthday who w l n d 18 obtains a license, permit or identification card from the motor = = 19 vehicle division of the taxation and revenue department and who a l i a e r 20 has not submitted a voter registration certificate pursuant to a t m m 21 Subsection A of this section shall be sent a notification by d r e 22t 17 the secretary of state advising the resident of the cw el sn kd 2318 requirements and opportunity to register to vote and a uniform e= a= n19 b 24 resource locator for a web page where the resident may submit a ua [l i a e r 20 voter registration certificate online.

When applicable, a .222139.4a -t 6m -m SRC/SB21 8 notification shall be sent to a resident described in this d r e 22 subsection within the sixty days [following] before the c e s k 23 resident's seventeenth birthday, when the resident obtained a e a n b 24 license, permit or identification card from the motor vehicle u [ division prior to the resident's seventeenth birthday and .222610.3 - 6 - SJC/SRC/SB 8 [within thirty] at least forty-two days prior to each election in which the resident may vote in advance of the resident's eighteenth birthday." SECTION 4.

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 e t 17 registered to vote in the state and who is not automatically w l n d 18 registered to vote pursuant to the automatic voter registration = = 19 provisions of Section 1-4-47 NMSA 1978 may simultaneously a l i a e r 20 register to vote [or file a change of address for voter a t m m 21 registration purposes].

d r e 22 C.

Pursuant to Section 1-4-48 NMSA 1978, a c e s k 23 qualified elector may register to vote in any state agency that e a n b 24 provides public assistance or services to persons with u [ disabilities.

The secretary of state may designate other state .222139.4 - 7 - SRC/SB 8 or local public offices with the agreement of those offices.

D.

Pursuant to Section 1-4-47 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 5.

provided, however, all requesters shall be treated equally in regard to the charges and the furnishing of the e t 17 materials.

w l n d 18 B.

TheIn secretaryfurnishing ofvoter statedata, shallmailing furnishlabels theor listspecial ofvoter =lists, =the 19county eligibleclerk butor unregisteredsecretary individualsof instate thee state,t a17 countyshall ornot aprovide ldata ior alists ethat rinclude 20voters' publicsocial officew districtl onlyn upond written18 requestsecurity tonumbers, thecodes aused tto midentify magencies 21where secretaryvoters of= state= and19 afterhave complianceregistered, witha thevoter's requirementsday dand rmonth e 22 of thisbirth sectionor andvoters' toa thel extenti allowablea bye lawr and20 ctelephone enumbers sif kprohibited 23by intergovernmentalvoters. agreements;

provided, however, all requesters e a nt bm 24m shall21 beC. treated equally in regard to the charges and the u [ furnishing of the materials.

.222139.4Each -requester 8of -voter SRC/SBdata, 8mailing [B.]labels C.or d r e 22 special voter lists shall sign an affidavit that the voter c e s k 23 data, mailing labels and special voter lists shall be used for e a n b 24 governmental or [election and] election campaign purposes only u [ and shall not be made available or used for unlawful purposes.

In.222610.3 furnishing- voter7 data,- mailingSJC/SRC/SB labels8 orD. 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.] D.

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 and shall not be made available or used for unlawful purposes.

[D.] E.

[E.]E. F.

(1) "election campaign purposes" means e t 17 relating in any way to a campaign in an election conducted by a w l n d 18 federal, state or local government;

= = 19 (2) "eligible"governmental butpurposes" unregistered" means thosenoncommercial apurposes lrelating iin aany eway r 20 persons who are believed to bethe qualifiedstructure, electorsoperation whoor havedecision-making notof a tfederal, m m 21 become voters as identified by the secretary of state usingor alocal dgovernment; r e 22 non-discriminatory comparison of databases in conjunction with c e s k 23 other governments and government agencies;

e a n b 24 [(2)] (3) "governmental"mailing purposes"labels" means uprepared [mailing noncommerciallabels purposesof relatingselected invoters anyarranged wayin to the structure,order .222139.4in -which 9requested -and SRC/SBproviding 8only operationthe orname decision-makingand address of athe federal,voter; state or local government;

[(3)] (4) "mailing"special labels"voter list" means a prepared mailinglist labels of selected voters arranged in the order in which requestedrequested; and providing only the name and address of the voter;

[(4)]and (5)e "specialt voter17 list"(5) "voter data" means aselected preparedinformation listw ofl selectedn votersd arranged18 inderived from the ordervoter infile." which= requested;= 19 SECTION 5.

Section 1-4-5.7 NMSA 1978 (being Laws 2019, a l i a e r 20 Chapter 67, Section 1, as amended) is repealed and [(5)]a (6)new "votera data"t meansm selectedm information21 derivedSection from1-4-5.7 theNMSA voter1978 file."is SECTIONenacted 6.to read:

Sectiond 1-4-5.7r NMSAe 197822 (being"1-4-5.7. 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 c e s k 23 PRIOR TO VOTING.-- e a n b 24 A.

[NEWIn MATERIAL]addition REGISTRATIONto ATthe VOTINGprovisions LOCATIONin PRIORSection TO1-4-8 VOTING.--u e[ tNMSA 171978 A.providing for the closing of registration prior to an .222610.3 - 8 - SJC/SRC/SB 8 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.

InB. addition to the provisions in Section 1-4-8 w l n d 18 NMSA 1978 providing for the closing of registration prior to an = = 19 election, a qualified elector seeking to register to vote or a l i a e r 20 update an existing certificate of registration in the state a t m m 21 shall be allowed to do so at a voting location immediately d r e 22 before voting in that election after signing an affidavit under c e s k 23 oath that the elector has not voted in the election in this e a n b 24 state or elsewhere and as further provided in this section.

uDuring [a B.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;

During a statewide election, a qualified elector .222139.4 - 10 - SRC/SB 8 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;

A voter whose political party affiliation on the e t 17 voter's certificate of registration is with a major political w l n d 18 party shall not be allowed to change party affiliation when = = 19 updating an existing certificate of registration or registering a l i a e r 20 to vote at a voting location immediately before voting in a a t m m 21 primary election.

d r e 22 D.

During a special election, a qualified elector c e s k 23 may register to vote or update an existing certificate of e ta 17n b 24 registration at the county clerk's office during the regular wu l[ n d 18 hours and days of business beginning on the twenty-eighth day =.222610.3 =- 199 - SJC/SRC/SB 8 preceding the election until 7:00 p.m.

a l i a e r 20 provided that the county clerk shall provide the voter with a a t m m 21 ballot and balloting materials immediately after the qualified d r e 22 elector registers to vote or updates the existing certificate c e s k 23 of registration.

e a n b 24 E.

A qualified elector seeking to register to vote u [ or update an existing certificate of registration pursuant to .222139.4 - 11 - SRC/SB 8 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 a New- Mexico-accredited educational institution and that:

e t 17 (3) need not contain an expiration date, and w l n d 18 if it does, the expiration date is not required to be a date on = = 19 or after the date of the election;

and a l i a e r 20 (4) shall either:

a t m m 21 (a) contain an address that matches the d r e 22 address provided for the certificate of registration;

or c e s k 23 (b) be accompanied by an original or e ta 17n b 24 copy of a utility bill, bank statement, government check, wu l[ n d 18 paycheck or other document issued by an educational institution =.222610.3 =- 1910 - SJC/SRC/SB 8 or government, including a document issued by a federally a l i a e r 20 recognized Indian nation, tribe or pueblo, dated within the a t m m 21 ninety days prior to the qualified elector registering to vote d r e 22 or updating an existing certificate of registration and that c e s k 23 contains the name of the qualified elector, which shall e a n b 24 reasonably match the name provided on the certificate of u [ registration, and an address that matches the address provided .222139.4 - 12 - SRC/SB 8 for the certificate of registration.

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 e t 17 challenge is successfully interposed." w l n d 18 SECTION 7.6.

Section 1-4-5.8 NMSA 1978 (being Laws 2019, = = 19 Chapter 67, Section 2) is repealed and a new Section 1-4-5.8 a l i a e r 20 NMSA 1978 is enacted to read:

a t m m 21 "1-4-5.8.

[NEW MATERIAL] AUTOMATIC VOTER REGISTRATION-- d r e 22 AUTOMATIC VOTER REGISTRATION UPDATES.-- c e s k 23 A.

In addition to the requirements of Section e a n b 24 1-4-47 NMSA 1978:

u [ (1) a qualified elector registering to vote or .222610.3 - 11 - SJC/SRC/SB 8 updating an existing certificate of registration when conducting a transaction to apply for or renew a driver's license or state-issued identification card:

(a) shall not be required to provide a second time any information that duplicates information required in the driver's license portion of the transaction;

and (b) immediately at the conclusion of each in-person transaction to apply for or renew a driver's license or state-issued identification card, shall receive written notification by the motor vehicle division of the taxation and revenue department informing the person if a voter registration transaction was processed and, if so, providing information regarding any voter registration transaction transmitted by the motor vehicle division of the taxation and revenue department as a result of that application for or e t 17 renewal of a driver's license or state-issued identification w l n d 18 card;

and = = 19 (2) if a voter provides an address different a l i a e r 20 from the existing address of registration when conducting a a t m m 21 transaction to apply for or renew a driver's license or d r e 22 state-issued identification card, the secretary of state shall c e s k 23 send the voter a notice to the existing address of registration e a n b 24 informing the voter that a new address was provided for the u [ voter to the motor vehicle division of the taxation and revenue .222610.3 - 12 - SJC/SRC/SB 8 department and that unless the voter returns the enclosed card within thirty days, the voter's certificate of registration will be updated with the new address.

If, forty-five days after the notice was sent, no card is returned and the new address is:

(a) in the same county, the secretary of state shall send the information to the county clerk of the county where the voter is registered, who shall process a change to the official list of eligible voters in accordance with the change of residence information on the notice;

or (b) in another county, the secretary of state shall send the information to the county clerk of the county where the new address is located and the county clerk to whom the notice was forwarded shall process the change of residence as a transferred registration into the county.

B.

In addition to the requirements of Section e t 17 1-4-48 NMSA 1978, the human services department shall develop w l n d 18 procedures to be approved by the secretary of state to ensure = = 19 that each benefit program administered by the department a l i a e r 20 appropriately ensures that qualified electors receiving a t m m 21 benefits are offered the opportunity to register to vote or d r e 22 update an existing certificate of registration without c e s k 23 duplication of information contained by the department or by e a n b 24 the secretary of state.

No later than the last day of August u [ of each calendar year, the human services department shall .222610.3 - 13 - SJC/SRC/SB 8 issue an annual report detailing implementation of the requirements of this subsection.

The report shall be sent to the legislative council service, the secretary of state and each county clerk.

C.

If a person who is not a qualified elector becomes registered to vote pursuant to this section, that registration shall not be valid and the county clerk shall remove the certificate of registration from the register of voters." SECTION 7.

In addition, the secretary of state shall [not later than January 1, 2016] allow a voter e t 17 to submit an update to an existing certificate of registration we lt n17 d 18 and [not later than July 1, 2017] allow a qualified elector to =w =l 19n d 18 submit a new certificate of registration form electronically a= l= i19 a e r 20 through a [web site] website authorized by the secretary of a tl mi ma 21e r 20 state or through any computer system maintained by a state da rt em 22m 21 agency for electronic voter registration that is approved by cd r e s22 k 23 the secretary of state;

provided that the person is qualified c e as nk b23 24 to register to vote and has a current or expired New Mexico ue [a n b 24 driver's license or state identification card issued by the .222139.4u -[ 13 - SRC/SB 8 motor vehicle division of the taxation and revenue department.

.222610.3 - 14 - SJC/SRC/SB 8 B.

I am the person whose name and identifying information is provided on this form, and I desire to register e t 17 to vote in the state of New Mexico;

and we lt n17 d 18 all of the information that I have provided on =w =l 19n d 18 this form is true and correct as of the date I am submitting a= l= i19 a e r 20 this form.".

a tl mi ma 21e r 20 D.

[Prior to January 1, 2016] The secretary of da rt em 22m 21 state, in conjunction with the county clerks of the state, cd r e s22 k 23 shall adopt rules establishing a uniform and nondiscriminatory c e as nk b23 24 process to match the information contained in the voter ue [a n b 24 registration election management system with the database of .222139.4u -[ 14 - SRC/SB 8 the motor vehicle division of the taxation and revenue .222610.3 - 15 - SJC/SRC/SB 8 department or the federal social security administration for electronic certificates of registration updates completed pursuant to this section.

Electronically submitted certificate of registration application forms shall retain the dates of submission by the qualified elector and of acceptance by the e t 17 county clerk.

we lt n17 d 18 G.

For purposes of deadlines contained in the =w =l 19n d 18 Election Code, the time and date of the submission by the a= l= i19 a e r 20 qualified elector shall be considered the time and date when a tl mi ma 21e r 20 the certificate of registration is received by the county da rt em 22m 21 clerk.

cd r e s22 k 23 H.

The secretary of state shall ensure that the c e as nk b23 24 [web sites] websites used for electronic voter registration are ue [a n b 24 secure and that the confidentiality of all users and the .222139.4u -[ 15 - SRC/SB 8 integrity of data submitted are preserved.

.222610.3 - 16 - SJC/SRC/SB 8 I.

Except as provided in this section, a qualified e t 17 elector is ineligible to register to vote while imprisoned in a we lt n17 d 18 correctional facility as a result of a conviction for a felony.

=w =l 19n d 18 If the corrections department and the secretary of state have a= l= i19 a e r 20 the technology to do so, at the time a person is admitted to a a tl mi ma 21e r 20 correctional facility under the jurisdiction of the corrections da rt em 22m 21 department as a result of a conviction for a felony, the cd r e s22 k 23 corrections department shall notify the secretary of state by c e as nk b23 24 means of a secured electronic transmission of the inmate's ue [a n b 24 name, date of birth and social security number.

If the inmate .222139.4u -[ 16 - SRC/SB 8 has a certificate of registration on file in any county in this .222610.3 - 17 - SJC/SRC/SB 8 state, the secretary of state shall notify the appropriate county clerk, who shall cancel the inmate's certificate of registration.

If the inmate does not conduct a transaction with the motor vehicle division prior to the inmate's release from custody, the corrections department shall provide the inmate an opportunity to register to vote or update an existing registration by means of an online portal provided by the secretary of state or, if such a portal is not available, by e t 17 providing a paper registration form.

we lt n17 d 18 C.

The secretary of state shall maintain current in =w =l 19n d 18 the voter registration electronic management system available a= l= i19 a e r 20 information on the ineligibility status of an inmate to vote or a tl mi ma 21e r 20 register to vote pursuant to this section, as well as an da rt em 22m 21 inmate's eligibility status to vote upon release and to cd r e s22 k 23 register to vote while preparing for release.

Notwithstanding c e as nk b23 24 a person's status in the voter registration electronic ue [a n b 24 management system, a voter or a qualified elector is presumed .222139.4u -[ 17 - SRC/SB 8 eligible to vote or register to vote pursuant to the provisions .222610.3 - 18 - SJC/SRC/SB 8 of this section if the voter or qualified elector appears personally:

SectionA 1-4-47 NMSA 1978 (being Laws 1991, e t 17 Chapter 80, Section 4, as amended) is repealed and a new wsection lof nthe dAbsent 18Voter SectionAct 1-4-47 NMSA 1978 is enacted to read:

e t 17 "[NEW MATERIAL] VOLUNTARY PERMANENT ABSENTEE VOTER LIST-- w l n d 18 PROCEDURES.-- = = 19 "1-4-47.A.

[NEWA MATERIAL]voter, DRIVER'Sexcept LICENSEa VOTERfederal qualified elector who a l i a e r 20 REGISTRATION--AUTOMATICis VOTERsubject REGISTRATIONto ANDthe UPDATES.--provisions of the Uniform Military and a t m m 21 A.Overseas Voters Act or the Intimate Partner Violence Survivor d r e 22 Suffrage Act, may apply to be added to the voluntary permanent c e s k 23 absentee voter list for the county in which the voter is e a n b 24 registered by completing a paper or online application that u [ conforms to the mailed ballot application requirements of .222610.3 - 19 - SJC/SRC/SB 8 Section 1-6-4 NMSA 1978, except that the voluntary permanent absentee voter application shall provide an additional checkbox for the voter to affirm that reads:

Unless a person is automatically registered to d r e 22 vote pursuant to the automatic voter registration provisions of c e s k 23 Subsections B and C of this section, when a person who is a e a n b 24 qualified elector or qualified resident but not registered to u [ vote in the state conducts a transaction to apply for or renew .222139.4 - 18 - SRC/SB 8 a driver's license, state-issued identification card, learner's permit or provisional license, the person shall be offered the opportunity to simultaneously register to vote.

A person registering to vote pursuant to this subsection shall not be required to provide a second time any information that duplicates information required in the driver's license, state- issued identification card, learner's permit or provisional license portion of the transaction.

B.

A qualified elector or qualified resident who provides a document demonstrating United States citizenship in the course of conducting an in-person transaction to apply for or renew a driver's license, state-issued identification card, learner's permit or provisional license shall be confirmed in a database maintained by the motor vehicle division of the taxation and revenue department as satisfying the citizenship requirement for eligibility to vote.

If the person is not e t 17 already registered to vote based on an automated database w l n d 18 check, the motor vehicle division of the taxation and revenue = = 19 department shall electronically transmit to the secretary of a l i a e r 20 state an electronic record containing the person's full name, a t m m 21 full social security number, date of birth, driver's license or d r e 22 state-issued identification card number, residence address, c e s k 23 mailing address if different from residence address, county of e a n b 24 residence, citizenship status, an electronic image of the u [ person's signature and any other available information .222139.4 - 19 - SRC/SB 8 requested by the secretary of state.

C.

Upon receiving an electronic record pursuant to Subsection B of this section, the secretary of state shall forward the person's electronic record to the county clerk of the county in which the person resides.

The county clerk shall accept and process the electronic record received as a certificate of registration pursuant to the provisions of Section 1-4-11 NMSA 1978.

D.

If the person whose electronic record is received pursuant to Subsection C of this section was not previously registered to vote and the county clerk accepts and processes the registration, the county clerk shall send to the person's mailing address, by nonforwardable mail, a notice that the person has been registered to vote.

The notice shall include a postage prepaid and pre-addressed return card by which the person may decline to be registered to vote.

The e t 17 notice shall be prescribed by the secretary of state with w l n d 18 conforming language depending on whether the person is a = = 19 qualified elector or a qualified resident, may be combined with a l i a e r 20 a voter information document and shall include:

a t m m 21 (1) an explanation of the voter eligibility d r e 22 requirements, a statement of the penalties for registering to c e s k 23 vote when a person is not eligible and a statement that if the e a n b 24 person is not eligible to vote that the person should decline u [ to register by returning the card;

.222139.4 - 20 - SRC/SB 8 (2) a statement that:

(a) if the person declines to register to vote, the fact that the person has declined registration will remain confidential and will be used only to process the declination and for reporting election administration statistics;

and (b) if the person does not decline the registration, the office from which the person's electronic record was received will remain confidential and will be used only for reporting election administration statistics;

(3) information on how a person may become a participant in the confidential substitute address program;

(4) an opportunity for the person to designate affiliation with a qualified political party by returning the card;

and (5) an opportunity for the person to request a e t 17 mailed ballot for the next statewide election, on a form w l n d 18 prescribed by the secretary of state, which shall serve as an = = 19 application for a mailed ballot pursuant to Section 1-6-4 NMSA a l i a e r 20 1978.

a t m m 21 E.

After a person returns the card described in d r e 22 Subsection D of this section:

c e s k 23 (1) if the person declines to be registered to e a n b 24 vote by returning the card, the person's registration shall be u [ canceled and the person shall be deemed to have not registered .222139.4 - 21 - SRC/SB 8 to vote.

Information relating to a person declining to be registered to vote pursuant to this section shall not be used for any purpose other than to process the declination and for reporting election administration statistics;

(2) if the person votes in an election after registration under this section and subsequently returns the card to decline the registration, the declination shall not be effective until after the election in which the person voted;

and (3) if the person returns the card to designate affiliation with a qualified political party, the person's political party affiliation shall be effective pursuant to Section 1-4-8 NMSA 1978.

F.

If a person who is registered to vote in the state conducts a transaction to apply for or renew, update, correct or replace the person's driver's license, state-issued e t 17 identification card, learner's permit or provisional license or w l n d 18 files a notice of change of address and the information = = 19 provided to the motor vehicle division of the taxation and a l i a e r 20 revenue department indicates a different address or name from a t m m 21 the person's existing certificate of registration, the motor d r e 22 vehicle division of the taxation and revenue department shall c e s k 23 electronically transmit to the secretary of state an electronic e a n b 24 record containing the person's full name, date of birth, u [ driver's license or state-issued identification card number, .222139.4 - 22 - SRC/SB 8 residence address, mailing address if different from residence address, county of residence, an electronic image of the person's signature and any other available information requested by the secretary of state.

The secretary of state shall issue standards for what is considered a different address.

If the new address is in:

(1) the same county, the secretary of state shall send the information to the county clerk of the county where the person is registered and the county clerk shall process the change to the official list of eligible voters in accordance with the change of residence information provided;

or (2) a different county, the secretary of state shall send the information to the county clerk of the county where the person's new address is located and the county clerk shall process the change of residence as a transferred e t 17 registration into the county.

w l n d 18 G.

Immediately at the conclusion of each in-person = = 19 transaction to apply for or renew a driver's license or state- a l i a e r 20 issued identification card, a person shall receive written a t m m 21 notification by the motor vehicle division of the taxation and d r e 22 revenue department informing the person if a voter registration c e s k 23 transaction was processed and, if so, providing information e a n b 24 regarding any voter registration transaction delivered to the u [ county clerk by the motor vehicle division as a result of the .222139.4 - 23 - SRC/SB 8 application for or renewal of a driver's license or state- issued identification card.

H.

Unless a person who is an unqualified elector or ineligible to register to vote knowingly and willfully takes voluntary action to register to vote knowing that the person is an unqualified elector or ineligible to register to vote, the transfer of an electronic record or the failure of a person to decline voter registration pursuant to this section shall not be considered a violation of Section 1-20-3 NMSA 1978.

I.

A person who is an unqualified elector or who is ineligible to vote but who becomes registered to vote under this section and votes or attempts to vote in an election held after the effective date of the person's registration commits false voting under Section 1-20-8 NMSA 1978 only if the person knowingly and willfully took voluntary action to register to vote with knowledge that the person is an unqualified elector e t 17 or ineligible to register or knowingly and willfully voted with w l n d 18 knowledge that the person is an unqualified elector or = = 19 ineligible to vote.

a l i a e r 20 J.

By January 1 following each general election, a t m m 21 the secretary of state shall submit to the legislature and make d r e 22 publicly available a report on the implementation of this c e s k 23 section.

Excluding any personal identifying information, the e a n b 24 report shall include:

u [ (1) the number of electronic records .222139.4 - 24 - SRC/SB 8 transmitted to the secretary of state by the motor vehicle division of the taxation and revenue department pursuant to this section;

(2) the number of new voters statewide as a result of the automatic voter registration system;

(3) the number of voters whose information was updated because of the automatic voter registration system, reported by the type of information updated;

and (4) the number of people who declined to be registered to vote through the automatic voter registration system.

K.

The secretary of state shall adopt rules and coordinate as necessary with the motor vehicle division of the taxation and revenue department and other state agencies and Indian nations, tribes and pueblos designated by the secretary of state to implement the provisions of this section." e t 17 SECTION 10.

Section 1-4-48 NMSA 1978 (being Laws 1995, w l n d 18 Chapter 198, Section 13, as amended) is amended to read:

= = 19 "1-4-48.

[AGENCY REGISTRATION] STATE-AGENCY-BASED VOTER a l i a e r 20 REGISTRATION PROGRAM--ESTABLISHED--HUMAN SERVICES DEPARTMENT.-- a t m m 21 A.

The secretary of state shall adopt and publish d r e 22 in accordance with the State Rules Act rules for the c e s k 23 administration of a state-agency-based voter registration e a n b 24 program.

The rules shall provide for distribution of voter u [ registration forms, provisions for the acceptance of voter .222139.4 - 25 - SRC/SB 8 registration forms and procedures for reporting voter registration activity in accordance with the federal National Voter Registration Act of 1993.

B.

Voter registration shall be made available at all state agencies providing public assistance or services to people with disabilities.

The secretary of state may [with the agreement of those offices] designate other state and local public offices to provide voter registration services with the agreement of those offices.

C.

Each state agency participating in the voter registration program shall maintain sufficient records for the secretary of state to comply with federal voter registration reporting requirements and the federal Help America Vote Act of 2002.

Any records maintained by a state agency regarding voter registration activities in that agency are confidential and shall not be released as public records.

e t 17 D.

Any voter registration made or accepted at a w l n d 18 state agency pursuant to this section shall be transmitted to = = 19 the appropriate registration officer within ten calendar days.

a l i a e r 20 E.

A state agency employee or agency contractor who a t m m 21 participates in the voter registration process may not d r e 22 intentionally influence the prospective registrant in the c e s k 23 selection of political party, or independent status, by word or e a n b 24 act.

A state agency employee or agency contractor who u [ participates in the voter registration process may not reveal .222139.4 - 26 - SRC/SB 8 the existence of or the nature of the voter registration to anyone other than a registration officer.

F.

The human services department shall develop procedures to be approved by the secretary of state to ensure that each benefit program administered by the department appropriately ensures that qualified electors receiving benefits are offered the opportunity to register to vote or update an existing certificate of registration without duplication of information contained by the department or by the secretary of state.

No later than the last day of August of each calendar year, the human services department shall issue an annual report detailing implementation of the requirements of this subsection.

The report shall be sent to the legislative council service, the secretary of state and each county clerk.

G.

If a person who is not a qualified elector e t 17 becomes registered to vote pursuant to this section, the w l n d 18 person's registration shall be canceled and the person shall be = = 19 deemed to have never registered." a l i a e r 20 SECTION 11.

A new section of the Absent Voter Act is a t m m 21 enacted to read:

d r e 22 "[NEW MATERIAL] VOLUNTARY PERMANENT ABSENTEE VOTER LIST-- c e s k 23 PROCEDURES.-- e a n b 24 A.

A voter, except a federal qualified elector who u [ is subject to the provisions of the Uniform Military and .222139.4 - 27 - SRC/SB 8 Overseas Voters Act or the Intimate Partner Violence Survivor Suffrage Act, may apply to be added to the voluntary permanent absentee voter list for the county in which the voter is registered by completing a paper or online application that conforms to the mailed ballot application requirements of Section 1-6-4 NMSA 1978, except that the voluntary permanent absentee voter application shall provide an additional checkbox for the voter to affirm that reads:

Upon receipt of an application from a voter requesting to be added to the voluntary permanent absentee e t 17 voter list, the county clerk shall process the application in w l n d 18 the same manner as an application for a mailed ballot, except = = 19 that the county clerk shall not accept an application to be a l i a e r 20 added to the voluntary permanent absentee voter list if the a t m m 21 voter's mailing address on the certificate of registration is d r e 22t 17 outside of New Mexico.

cw el sn kd 2318 C.

Upon acceptance of the application to be added e= a= n19 b 24 to the voluntary permanent absentee voter list, the county ua [l i a e r 20 clerk shall add the voter's name to the voluntary permanent .222139.4a -t 28m -m SRC/SB21 8 absentee voter list in the county.

The voluntary permanent d r e 22 absentee voter list shall contain the voter's name, year of c e s k 23 birth, address and precinct in the county.

e a n b 24 D.

A voter whose name appears on the voluntary u [ permanent absentee voter list shall remain on the list, except .222610.3 - 20 - SJC/SRC/SB 8 as provided in Subsection F of this section, and shall be sent a mailed ballot by the county clerk for each statewide election conducted that includes the precinct in which the voter is eligible to vote.

The notice shall also inform the voter of how to remove the voter's name from the voluntary permanent absentee e t 17 voter list if the voter would like to do so.

The notice shall w l n d 18 be sent using non-forwardable mail with return postage prepaid.

= = 19 F.

A voter shall be removed from the voluntary a l i a e r 20 permanent absentee voter list by the county clerk for the a t m m 21 following reasons:

d r e 22t 17 (1) the voter fails to return a mailed ballot cw el sn kd 2318 in two consecutive elections, including at least one general e= a= n19 b 24 election;

ua [l i a e r 20 (2) the county clerk has sent a mailed ballot .222139.4a -t 29m -m SRC/SB21 8 or other piece of election mail to the voter's mailing address d r e 22 that was subsequently returned as undeliverable;

c e s k 23 (3) the voter's certificate of registration is e a n b 24 canceled pursuant to the provisions of Chapter 1, Article 4 u [ NMSA 1978;

.222610.3 - 21 - SJC/SRC/SB 8 (4) the voter updates the voter's certificate of registration indicating an address that is outside of the county for which the voter is listed on the voluntary permanent absentee voter list;

If a voter is removed from the voluntary permanent absentee voter list, the e t 17 voter shall only be added again if the voter submits a new w l n d 18 voluntary permanent absentee voter application.

= = 19 H.

A county clerk shall maintain the voluntary a l i a e r 20 permanent absentee voter list for the county and shall make the a t m m 21 voluntary permanent absentee voter list available on request d r e 22t 17 pursuant to the provisions in Section 1-4-5.5 NMSA 1978." cw el sn kd 2318 SECTION 12.10.

Section 1-6-91-6-10 NMSA 1978 (being Laws 1969, e= a= n19 b 24 Chapter 240, Section 135,136, as amended) is amended to read:

ua [l "1-6-9.i a e r 20 "1-6-10.

MAILEDRECEIPT BALLOTS--MANNER OF VOTING--DELIVERYMAILED .222139.4BALLOTS -BY 30CLERK.-- -a SRC/SBt 8m METHODS.--m A.21 [A.

WhenThe votingcounty aclerk mailedshall ballot,mark theon votereach shallcompleted secretlyd markr e 22 official mailing envelope the maileddate ballotand time of receipt in the mannerc providede s k 23 clerk's office, record this information in the Electionabsentee Codeor fore markinga papern ballots,b place24 itmailed inballot register and safely keep the official innermailing u [ envelope unopened in a locked and securelynumber-sealed sealballot box .222610.3 - 22 - SJC/SRC/SB 8 until it is delivered to the envelope.proper election board, counted in the county canvass or canceled and destroyed in accordance with law.] A.

The voter shall then place the official inner envelope inside the official mailing envelope and securely seal the envelope.

The voter shall then complete the form on the reverse of the official mailing envelope [which shall include a statement by the voter under penalty of perjury that the facts stated in the form are true and the voter's name, registration address and year of birth] under the privacy flap.

The voter or another person authorized by law shall then return the official mailing envelope containing the voted ballot to the county clerk of the voter's county of residence.

If returned by a person other than the voter, the official mailing envelope shall contain the e t 17 signature, printed name and relationship to the voter of the w l n d 18 person returning the ballot.

= = 19 B.

The official mailing envelope may be returned by a l i a e r 20 mail using the United States postal service.

The secretary of a t m m 21 state shall implement a free-access tracking system for each d r e 22 voter to be able to see the status of the voter's mailed ballot c e s k 23 while en route to the voter as well as when returned to the e a n b 24 county clerk.

u [ C.

The official mailing envelope may be returned .222139.4 - 31 - SRC/SB 8 using a commercial delivery service;

provided that unless the secretary of state has approved the use of a specific commercial delivery service, the voter shall be responsible for the costs of delivery by means of such service.

D.

The official mailing envelope may be returned in person to the office of the county clerk or, in a statewide election, to an alternate voting location, mobile alternate voting location, [or] election day voting location or other location where the receipt and storage of the official mailing envelope containing a voted ballot is under the supervision of an election official or county employee.

E.

The official mailing envelope may be returned by depositing the official mailing envelope in a monitored secured container made available by the county clerk to receive an official mailing envelope containing a voted [mailed ballots] ballot for that election;

provided that:

e t 17 (1) each county shall have at least one w l n d 18 monitored secured container in the county.

Those counties that = = 19 have alternate voting locations during early voting shall have a l i a e r 20 at least the same number of monitored secured containers as the a t m m 21 minimum required number of alternate voting locations in the d r e 22 county.

The secretary of state may approve a county for more c e s k 23 monitored secured containers than the minimum required pursuant e a n b 24 to this paragraph;

u [ [(1)] (2) the location of the containers and .222139.4 - 32 - SRC/SB 8 the days and times the containers will be available to receive ballots are posted by the county clerk at least [ninety days before a statewide election or] forty-two days before [a special] an election;

[(2)] (3) the location of a monitored secured container is considered a polling place for purposes of electioneering too close to the polling place in violation of Section 1-20-16 NMSA 1978;

[(3)] (4) all secured containers shall be monitored by video surveillance cameras and the video recorded by that system shall be retained by the county clerk as a record related to voting pursuant to the provisions of Section 1-12-69 NMSA 1978;

[(4)] (5) signage at the location of a monitored secured container shall inform voters and those dropping off ballots at the location:

e t 17 (a) that it is a violation of law for w l n d 18 any person [who is not an immediate family member] to collect = = 19 and deliver a ballot for another person except as authorized by a l i a e r 20 the Election Code;

a t m m 21 (b) that electioneering is prohibited d r e 22 within one hundred feet of the monitored secured container;

and c e s k 23 (c) of the range of dates and e a n b 24 approximate time the ballots will be collected for that u [ election;

and .222139.4 - 33 - SRC/SB 8 [(5)] (6) at least [once a day] every three days and on election day after the polls close, the county clerk, [or a full-time] deputy county clerk, election board member or messenger shall collect the ballots from the monitored secured containers and register the date [and time stamp] and container location on each official mailing envelope [and identify the location of the secured container in the ballot register].

F.

It is a violation of Section 1-20-6 NMSA 1978 for any person to possess a key to a monitored secured container without authorization from the county clerk.

It is a violation of Section 1-20-7 NMSA 1978 for any person other than the county clerk to provide and operate a monitored secured container or other receptacle to receive voted ballots." SECTION 13.

Section 1-6-10 NMSA 1978 (being Laws 1969, Chapter 240, Section 136, as amended) is amended to read:

e t 17 "1-6-10.

RECEIPT OF MAILED BALLOTS BY CLERK.-- w l n d 18 [A.

The county clerk shall mark on each completed = = 19 official mailing envelope the date and time of receipt in the a l i a e r 20 clerk's office, record this information in the absentee or a t m m 21 mailed ballot register and safely keep the official mailing d r e 22 envelope unopened in a locked and number-sealed ballot box c e s k 23 until it is delivered to the proper election board, counted in e a n b 24 the county canvass or canceled and destroyed in accordance with u [ law.] .222139.4 - 34 - SRC/SB 8 A.

If additional late ballots are received, the county clerk shall update the number of late e t 17 ballots from each category to the secretary of state.

w l n d 18 B.

On the day a returned mailed ballot is received = = 19 by the county clerk, the county clerk shall mark the date of a l i a e tr 1720 receipt on the outside of the official mailing envelope.

wa lt nm dm 1821 Within one business day of receiving a returned official =d =r 19e 22 mailing envelope, the county clerk shall remove the privacy ac l i a e rs 20k 23 flap to verify that the voter signed the official mailing e a tn mb m24 21 envelope and to confirm that the last four digits of the social du r[ e 22 security number provided by the voter match the information c.222610.3 e- s23 k- 23SJC/SRC/SB 8 available to the county clerk;

provided that no county clerk or e a n b 24 deputy county clerk shall perform the verification process u [ pursuant to this subsection unless the county clerk or deputy .222139.4 - 35 - SRC/SB 8 county clerk would also meet the requirements to be a challenger, watcher or election observer pursuant to Paragraphs (1) through (4) of Subsection C of Section 1-2-22 NMSA 1978.

If either the voter's signature is missing or the last four digits of the voter's social security number are e t 17 not provided or do not match, the county clerk shall make the w l n d 18 appropriate notation in the absentee ballot register and shall = = 19 safely keep the official mailing envelope unopened in a secured a l i a e tr 1720 ballot box designated for those official mailing envelopes wa lt nm dm 1821 received that are missing the voter's signature or the last =d =r 19e 22 four digits of the voter's social security number or where the ac l i a e rs 20k 23 last four digits of the social security number do not match the e a tn mb m24 21 information available to the county clerk.

The county clerk du r[ e 22 shall immediately send the voter a notice to cure containing c.222610.3 e- s24 k- 23SJC/SRC/SB 8 information regarding how the voter may provide documentation e a n b 24 to cure the missing or incorrect information.

u [ E.

If, pursuant to Subsection F of Section 1-6-4 .222139.4 - 36 - SRC/SB 8 NMSA 1978, the voter was notified of the need to comply with federal identification requirements when returning the requested ballot and failed to comply, the county clerk shall preserve the inner envelope with the official mailing envelope and write "Rejected" on the front of the official mailing envelope, and the county clerk shall update the ballot register accordingly and immediately send the voter a notice to cure containing information regarding how the voter may provide the missing or incorrect information.

provided that if the county clerk was required to open the inner envelope to determine that the required documentary identification was not e t 17 included, the untallied ballot shall be returned to the inner w l n d 18 envelope and preserved along with the official mailing envelope = = 19 in a container for this purpose.

a l i a e tr 1720 F.

The voter may provide the missing or corrected wa lt nm dm 1821 information at any time up to the conclusion of the appeal =d =r 19e 22 process for rejected ballots.

If a voter provides the missing ac l i a e rs 20k 23 or corrected information:

e a tn mb m24 21 (1) before the absent voter election board has du r[ e 22 been convened, the county clerk shall attach the documentation c.222610.3 e- s25 k- 23SJC/SRC/SB 8 to the unopened official mailing envelope, update the ballot e a n b 24 register accordingly and transfer the ballot to the locked and u [ number-sealed ballot box until it is delivered to the absent .222139.4 - 37 - SRC/SB 8 voter election board;

and e t 17 (4) after approval of the county canvass w l n d 18 report, the voter may appeal in accordance with appeal = = 19 procedures for provisional ballots established by rule of the a l i a e tr 1720 secretary of state pursuant to Section 1-12-25.2 NMSA 1978.

wa lt nm dm 1821 [B.] G.

In a statewide election, if the unopened =d =r 19e 22 official mailing envelope is received by the county clerk from ac l i a e rs 20k 23 an election board before the absent voter election board has e a tn mb m24 21 adjourned, the unopened official mailing envelope shall be du r[ e 22 [logged and] transmitted to the absent voter election board to c.222610.3 e- s26 k- 23SJC/SRC/SB 8 be tallied immediately.

If the unopened official mailing e a n b 24 envelope is received by the county clerk from an election board u [ after the absent voter election board has adjourned, the .222139.4 - 38 - SRC/SB 8 unopened official mailing envelope shall be [logged and] transmitted to an election board convened to assist in preparation of the county canvass report to be tallied and included in the canvass report of that county for the appropriate precinct.

The county clerk shall report the number of late ballots from voters, uniformed- service voters and overseas voters and report the number from e t 17 each category to date on the final absentee ballot report and w l n d 18 as part of the county canvass report.

If additional late = = 19 ballots are received, the county clerk shall update the number a l i a e tr 1720 of late ballots from each category to the secretary of state.]" wa lt nm dm 1821 SECTION 14.11.

A new Section 1-8-331-11-12.2 NMSA 1978 (beingis Lawsenacted 1973,d =r =e 1922 Chapter 228, Section 7, as amended) is amended to read:

ac l i a e rs 20k "1-8-33.23 "1-11-12.2.

PRIMARY[NEW ELECTIONMATERIAL] LAW--NOMINATINGMONITORED PETITION--SECURED aCONTAINERS-- te ma mn 21b NUMBER24 OFDISTRIBUTION SIGNATURESTO REQUIRED.--COUNTIES.-- du r[ e 22 A.

AsEach usedcounty inshall thishave section, "total vote" means the c e s k 23 sum of all votes cast for all of the party's candidates for e a n b 24 governor at theleast lasttwo precedingmonitored primary.222610.3 election- at27 which- theSJC/SRC/SB u8 [secured party'scontainers. candidate for governor was nominated.

.222139.4The -secretary 39of -state SRC/SBmay 8approve [B.a request by a county clerk for additional monitored secured containers in a county.

CandidatesB. who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy.

NominatingIn petitionsaddition forto thosethe candidatesmonitored shallsecured becontainers signedprovided bypursuant ato numberSubsection A of votersthis equalsection, toa atmunicipality, leastschool twodistrict, percentcommunity ofcollege theor totalother votepolitical subdivision of the candidate'sstate partymay inmake a written request to the statecounty clerk for one or congressionalmore district,monitored secured containers on or near the followingboundaries number of voters,the whichevermunicipality, isschool greater:district, community college or other political subdivision of the state.

A county clerk that receives a written request for statewidemonitored offices,secured twocontainers hundredfrom thirtya voters;municipality, school district, community college or other political subdivision of the state shall evaluate the population in and near the area of the request, the distance voters have to travel to get to the nearest monitored secured e t 17 container and the number of monitored secured containers and w l n d 18 early voting locations on or near the area of the request.

andThe for= congressional= candidates,19 seventy-sevencounty voters.clerk shall respond in writing to the municipality, a l i a e r 20 school district, community college or other political a t m m 21 subdivision within thirty days of receiving the written d r e 22 request.

C.]A B.written request for monitored secured containers c e s k 23 for future statewide elections may be made between the second e a n b 24 Tuesday in March and the second Tuesday in April of any year.

Nominatingu petitions[ forC. candidates for any [other] office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least:

(1)A onemunicipality, percentschool district, community .222610.3 - 28 - SJC/SRC/SB 8 college or other political subdivision of the totalstate votewhose ofwritten request to a county clerk for monitored secured containers is denied may appeal that decision by submitting the candidate'swritten partyrequest inalong with the districtdenial inletter from the casecounty clerk to the secretary of candidatesstate, foralong with any response to the publicdenial educationletter commission;from the requesting political subdivision.

eThe tsecretary 17of (2)state twomay percentplace ofa themonitored totalsecured votecontainer ofon theor wnear lan narea dthat 18is candidate'sthe partysubject inof the districtrequest or division in theresponse caseto ofan =appeal =submitted 19pursuant judicialto candidates;this subsection.

aD. l i a e r 20 (3) three percent of the total vote of the a t m m 21 candidate's party in the district;

orA [division,monitored or]secured dcontainer rlocated eon 22or (4)near the followingboundaries numberof a municipality, school district, community college or other political subdivision of voters,the whicheverstate cshall ecomply swith kall 23requirements isfor greater:monitored secured containers provided in the Election Code.

forIf metropolitana courtmonitored andsecured magistratecontainer courts,is tenprovided pursuant to this section, the requesting political subdivision shall provide the facility and services e at 17 necessary for the monitored secured container." w l n bd 2418 voters;SECTION 12.

[for the public regulation commission, fifty voters] u [ for the public education commission, twenty-five voters;

for .222139.4 - 40 - SRC/SB 8 state representative, ten voters;

for state senator, seventeen voters;

and for district attorney and district judge, fifteen voters.

[D.

A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures to total at least four percent of the total vote of the candidate's party in the state or congressional district, whichever applies to the office the candidate seeks, and file a new declaration of candidacy and nominating petitions for the office for which the candidate failed to receive a preprimary designation.

The declaration of candidacy and nominating petitions shall be filed with the secretary of state either ten days following the date of the preprimary convention at which the candidate failed to receive the designation or on the date all declarations of candidacy and nominating petitions are due pursuant to the provisions of e t 17 the Primary Election Law, whichever is later.]" w l n d 18 SECTION 15.

[NEW MATERIAL] SHORT TITLE.--Chapter 1, Article a t m m 21 21A NMSA 1978 may be cited as the "Native American Voting d r e 22 Rights Act"." c e s k 23 SECTION 16.13.

[NEW MATERIAL] DEFINITIONS.--As used in the .222139.4.222610.3 - 4129 - SRC/SBSJC/SRC/SB 8 Native American Voting Rights Act:

provided w l n d 18 that the designation has been communicated in writing to the = = 19 secretary of state and county clerk by the president, governor a l i a e r 20 or governing body of the Indian nation, tribe or pueblo." a t m m 21 SECTION 17.14.

When adjusting precinct boundaries for any group u [ of census blocks that are on Indian nation, tribal or pueblo .222139.4.222610.3 - 4230 - SRC/SBSJC/SRC/SB 8 lands, the board of county commissioners shall inquire of each Indian nation, tribe or pueblo in the county to provide internal and external political boundaries for the Indian nation, tribe or pueblo.

The secretary of state shall reject any precinct boundary maps that do not comply with the provisions of this section." SECTION 18.15.

A written request for early voting locations for .222139.4.222610.3 - 4331 - SRC/SBSJC/SRC/SB 8 all statewide elections in the current election cycle shall be made between the second Tuesday in March and the second Tuesday in April of each odd-numbered year.

A written request for monitored secured containers for future statewide elections may be made between the second Tuesday in March and the second Tuesday in April of any year." SECTION 19.16.

u [ (1) any voter of the county shall have access .222139.4.222610.3 - 4432 - SRC/SBSJC/SRC/SB 8 to and be permitted to vote at the alternate voting or mobile alternate voting location;

Once the election day polling place resolution e a n b 24 is adopted, a voter convenience center located on Indian u [ nation, tribal or pueblo lands shall not be eliminated or .222139.4.222610.3 - 4533 - SRC/SBSJC/SRC/SB 8 consolidated with other voter convenience centers in that election cycle without the written agreement of the Indian nation, tribe or pueblo on whose lands the voter convenience center is located." SECTION 20.17.

e a n b 24 (4) the Indian nation, tribe or pueblo u [ provides the facility and services for the alternate voting or .222139.4.222610.3 - 4634 - SRC/SBSJC/SRC/SB 8 mobile alternate voting location;

When responding to a written request, the county clerk shall evaluate the population on the Indian nation, tribal or pueblo land, the distance voters have to travel and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo land." SECTION 21.18.

.222139.4.222610.3 - 4735 - SRC/SBSJC/SRC/SB 8 B.

If a monitored secured container is located on Indian nation, tribal or pueblo land, the Indian nation, tribe or pueblo shall provide the facility and services necessary for the monitored secured container." e t 17 SECTION 22.19.

The list shall include .222139.4.222610.3 - 4836 - SRC/SBSJC/SRC/SB 8 the common name for each building and the mailing address for the building.

If a county clerk receives a voter registration certificate or an application for a mailed ballot that lists a government or official building on Indian nation, tribal or pueblo land by name only, the county clerk shall not reject the certificate or application for lack of a mailing address and, if the certificate or application is otherwise in the proper form, shall mail the ballot and balloting materials to the voter using the address for the government or official building." SECTION 23.20.

no later than ninety-eight days before a .222139.4.222610.3 - 4937 - SRC/SBSJC/SRC/SB 8 statewide election by means of a written request or no later than forty-nine days before a statewide election with a court order, the county clerk shall provide to an Indian nation, tribe or pueblo that has not previously made a written request for that election cycle at least one alternate voting or mobile alternate voting location for that election;

the requirement that a polling place be a t m m 21 available to all voters in the county shall be waived if an d r e 22 Indian nation, tribe or pueblo is inaccessible or the borders c e s k 23 are closed." e a n b 24 SECTION 24.21.

.222139.4.222610.3 - 5038 - SRC/SBSJC/SRC/SB 8 "1-21A-10.

The secretary of state shall deposit from the state election fund sufficient funds to each county election fund for the costs related to compliance with the Native American Voting Rights Act, either as grants or reimbursement." SECTION 25.22.

.222139.4.222610.3 - 5139 - SRC/SBSJC/SRC/SB 8 (1) to the state election fund, the amount necessary to bring the state election fund to a level equal to twenty million dollars ($20,000,000), counting for these purposes only state funds previously deposited into the state election fund for operating fund purposes;

As used in this section, "state reserves" means u [ the general fund balances, as determined by the department of .222139.4.222610.3 - 5240 - SRC/SBSJC/SRC/SB 8 finance and administration, including all authorized revenues and transfers to the general fund and balances in the appropriation contingency fund, the general fund operating reserve, the state-support reserve fund, the tax stabilization reserve and the tobacco settlement permanent fund." SECTION 26.23.

Section 12-5-2 NMSA 1978 (being Laws 1969, Chapter 114, Section 1, as amended) is amended to read:

"12-5-2.

LEGAL HOLIDAYS--DESIGNATION.--Legal public holidays in New Mexico are:

A.

New Year's day, January 1;

B.

Martin Luther King, Jr.'s birthday, third Monday in January;

C.

Washington's and Lincoln's birthday, President's day, third Monday in February;

D.

Memorial day, last Monday in May;

E.

Primary Election day, first Tuesday after the e t 17 first Monday in June of each even-numbered year;

w l n d 18 [E.] F.

Independence day, July 4;

= = 19 [F.] G.

Labor day, first Monday in September;

a l i a e r 20 [G.] H.

Indigenous Peoples' day, second Monday in a t m m 21 October;

d r e 22 I.

General Election day, first Tuesday after the c e s k 23 first Monday in November of each even-numbered year;

e a n b 24 J.

Regular Local Election day, first Tuesday after u [ the first Monday in November of each odd-numbered year;

.222139.4 - 53 - SRC/SB 8 [H.] K.

Armistice day and Veterans' day, November 11;

[I.] L.

Thanksgiving day, fourth Thursday in November;

and [J.] M.

Christmas day, December 25." SECTION 27.

Up to twenty-two hours of u [ grades one through six programs may be used for home visits by .222139.4.222610.3 - 5441 - SRC/SBSJC/SRC/SB 8 the teacher or for parent-teacher conferences.

Every general election and regular local a t m m 21 election shall be a school holiday for students and staff at d r e 22 each public school in this state." c e s k 23 SECTION 28.24.

FELONY CONVICTION--RESTORATION OF .222139.4.222610.3 - 5542 - SRC/SBSJC/SRC/SB 8 [CITIZENSHIP] RIGHT TO HOLD OFFICE OF PUBLIC TRUST.-- [A.

When a person has completed the terms of a u [ suspended or deferred sentence imposed by a court for a .222139.4.222610.3 - 5643 - SRC/SBSJC/SRC/SB 8 felony conviction, the clerk of the district court shall notify the secretary of state.

.222139.4.222610.3 - 5744 - SRC/SBSJC/SRC/SB 8 (2) a certificate of completion from the corrections department;

E.] A person who has been convicted of a felony shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district, unless the person has presented the governor with a certificate verifying the completion of the sentence and was granted a pardon or a certificate by the governor restoring the person's full rights of citizenship." SECTION 29.25.

REPEAL.--REPEAL.--Sections A.1-3-7.2 and 1-6-5.8 NMSA 1978 (being Laws 2021, Chapter 107, Section 1 and Laws 2009, Chapter 251, Section 2, as amended) are repealed.

SectionsSECTION 1-3-7.2,26. 1-4-5.8 and 1-6-5.8 NMSA 1978 (being Laws 2021, Chapter 107, Section 1, Laws 2019, Chapter 67, Section 2 and Laws 2009, Chapter 251, Section 2, as amended) are repealed.

eEFFECTIVE tDATE.-- 17A. B.

LawsThe 2020,effective Chapterdate 9,of Sectionthe 5provisions of e t 17 Sections 1, 2, 4, 5, 8, 10 through 22, 24 and 25 of this act w l n d 18 is repealed.July 1, 2022.

w= l= n19 dB. 18 SECTION 30.

EFFECTIVEThe DATE.--effective =date =of 19the provisions of a l A.i a e r 20 Sections 3, 6, 7, 9 and 23 of this act is January 1, 2023.

Thea effectivet datem ofm the21 provisions- of45 i- ad e r 20e Sections22 12,c 13e ands 15k through23 24e of this act is July 1, a tn mb m24 21u 2022.[ .222610.3

d r e 22 B.

The effective date of the provisions of c e s k 23 Sections 1 through 11, 14 and 25 through 29 of this act is e a n b 24 January 1, 2023.

u [ - 58 - .222139.4