SB 6 — ELECTION SECURITY & ADMINISTRATION

REPEALING SESSION c e s k 23 LAWS;

e a n b 24 u [ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

.222281.1 - 3 - SFC/SB 6 SECTION 1.

A new section of Chapter 1, Article 1 NMSA 1978 is enacted to read:

"[NEW MATERIAL]MATERIAL ] REAL-TIME SYNCHRONIZATION.--As used in the Election Code, "real-time synchronization" means that the internet connection at a voting location is able to synchronize voting data with the office of the county clerk in real time." SECTION 2.

[NEW MATERIAL]MATERIAL ] ELECTION-RELATED ORGANIZATION-- h REGISTRATION REQUIRED.--An election-related organization shall u » r register with the secretary of state at least seventy days t h g e before a regularly scheduled statewide election or forty-two l i h r i s days before a special election or an election to fill a vacancy h , e h in the United States house of representatives." t u g e b l SECTION 3.

Section 1-1-5.2 NMSA 1978 (being Laws 2003, e e , gh n d d i = = o h Chapter 356, Section 9, as amended) is amended to read:

el t] 17b ,d i a º r "1-1-5.2.

DEFINITION OF A VOTE--MACHINE-TABULATED--HAND- we lr n= dt 18e TALLIED--WRITE-IN.--w =d =TALLIED--WRITE-IN.-- 19m a ln A.o d m :

Forb ar [paper ballot] candidate contest or ballot i a e rt 20º questiono thatt isn machine-tabulated= on.222281.1AIC aFebruary vote4, tabulation2022 system(11:21am) as tk m me 21- certified4 for- usee ina thisn state,e ad voter shalle bel countedu if[ A d rSFC/SB e6 22A. the:

cFor ea s[paper kballot 23] (1)candidate voter'scontest selectionor ofballot aquestion candidatethat oris answermachine-tabulated eon a nvote btabulation 24system tocertified afor ballotuse question is indicated in thethis votingstate, responsea areavote ushall [be ofcounted theif paperthe: ballot;

and(1) .222281.1voter's -selection 4of -a SFC/SBcandidate 6or (2)answer to a ballot question is markedindicated in accordancethe withvoting theresponse instructionsarea forof thatthe ballotpaper type.ballot;

and (2) ballot is marked in accordance with the instructions for that ballot type.

For a [paper ballot]ballot ] candidate contest or ballot question that is hand-tallied, a vote shall be counted if:

(3) there is a distinct marking, such as a h cross or check, within the voting response area for the g o preferred candidate or answer to a ballot question;

or t hr g e (4) the presiding judge and election judges i k h r i s hand-tallying the ballot unanimously agree that the voter's h , t, intent is clearly discernable.

e u g e b l C.

For a [paper ballot that is machine-tabulated or e e h n d d i hand-tallied and that contains] candidate contest in which e= t= 17o h l ] b ,d i a º e there is a declared write-in candidate and a write-in vote is wr li n= dr 18t e w d cast, the write-in vote shall be counted if the name is:

=m = 19 (1) the name of a declaredn write-ino candidated a l i a e r 20 for that office and position and is on the proper line provided a t m m: 21 for a write-in vote for that office and position;

andb e d s º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 5 - e a n e d r e 22l (2)u written[ asA firstd SFC/SB 6 (1) the name of a declared write-in candidate for that office and lastposition name;and is on the proper line provided for a write-in vote for that office and position;

firstand c(2) ewritten sas kfirst 23 name, middle name or initial and last name;

onefirst orname, twomiddle initialsname eor ainitial n b 24 and last name;

orone last name alone if there is no other declared u [ write-in candidate for the office or positiontwo thatinitials isand thelast samename; .222281.1 - 5 - SFC/SB 6 or so similar as to tend to confuse the candidates' identities;

or last name alone if there is no other declared write-in candidate for the office or position that is the same or so similar as to tend to confuse the candidates' identities;

and (b) as used in this subsection, "write- h in" and "written" do not include the imprinting of any name by g o stamp or similar method or device or the use of a stencil or a t hr g e i k preprinted sticker or label." h r i s SECTION 4.

Section 1-1-16 NMSA 1978 (being Laws 1969, h , t, Chapter 240, Section 16, as amended) is amended to read:

e u g e b l e e h "1-1-16.

REGISTRATION OFFICER.--As used in the Election n d d i = = o h Code, "registration officer" means the secretary of state, a el t] 17b ,d i a º e county clerk, [or][or ] a clerk's authorized deputy, a clerk- wr li n= r t e w d 18m a n o authorized member of [the] an election board [of registration] =d = 19 or a state employee performing registration duties in a l i a e r 20 accordance with the federal National Voter Registration Act of a t m m: 21 1993 or Section 1-4-5.2 NMSA 1978." d r e 22 SECTION 5.

Ab newe Sectiond 1-1-27s NMSAº 1978o ist enactedn to= c.222281.1AIC eFebruary 4, 2022 (11:21am) s k 23m read:e - 6 - e a n e d r e l u [ A d SFC/SB 6 or a state employee performing registration duties in accordance with the federal National Voter Registration Act of or Section 1-4-5.2 NMSA 1978." SECTION 5.

eA anew nSection b1-1-27 24NMSA "1-1-27.1978 is enacted to read:

[NEW"1-1-27. MATERIAL] PUBLIC RECORDS--DISCLOSURE-- u [ PROCEDURE.-- .222281.1 - 6 - SFC/SB 6 A.

[NEW MATERIAL ] PUBLIC RECORDS--DISCLOSURE-- PROCEDURE.-- A.

For any public records relating to elections where the Election Code does not provide for disclosure or nondisclosure of the public records, the provisions of the Inspection of Public Records Act shall apply." h SECTION 6.

A new section of Chapter 1, Article 2 NMSA g o 1978 is enacted to read:

t hr g e "[NEW MATERIAL] ELECTIONS SECURITY PROGRAM--GENERAL i k h r i s RESPONSIBILITIES.-- h , t, A.

The secretary of state shall maintain an e u g e b l elections security program within the bureau of elections.

The e e h n d d i program shall have the general responsibility of advising the e= t= 17o secretaryh ofl state,] countyb clerks,d andi thea votingº systeme wsecretary lof nstate, dcounty 18clerks certificationand committeethe regarding voting system andr =i = 19r cybersecurityt requirementse andw ensuringd theircertification implementationcommittee aregarding lvoting isystem a e r 20 and shallm be the primary liaison working with federal oversight a tn mo m 21 and intelligence agencies regarding elections-critical d rm e: 22 infrastructure.

cb e d s º o t n = .222281.1AIC February 4, 2022 (11:21am) s k 23m B.e - 7 - e a n e d r e l u [ A d SFC/SB 6 cybersecurity requirements and ensuring their implementation and shall be the primary liaison working with federal oversight and intelligence agencies regarding elections-critical infrastructure.

TheB. elections security program may conduct e a n b 24 assessments, inspections and incident response in relation to u [ networks and equipment deemed to be elections-critical .222281.1 - 7 - SFC/SB 6 infrastructure, both at the state and county levels.

The elections security program may conduct assessments, inspections and incident response in relation to networks and equipment deemed to be elections-critical infrastructure, both at the state and county levels.

h E.

As used in this section, "elections-critical u » r infrastructure" means those assets, systems and networks, t h g e whether physical or virtual, that are considered so vital to l i h r i s elections in this state that their infiltration, incapacitation h , e h or destruction would have a debilitating effect on the t u g e b l administration of elections, the secrecy of the ballot and the e e , gh n d d i = = o h efficient reporting of accurate results for any election el t] 17b ,d i a º r conducted pursuant to the Election Code." we lr n= dt 18e w d SECTION 7.

Section 1-2-1 NMSA 1978 (being Laws 1969, =m =a 19n Chaptero 240,d Sectionm 22,: as amended) is amended to read:

ab lr ie t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 8 - e a n e d r 20e "1-2-1.l u [ A d SFC/SB 6 Chapter 240, Section 22, as amended) is amended to read:

SECRETARY"1-2-1. OF STATE--CHIEF ELECTION OFFICER-- a t m m 21 RULES.-- d r e 22 A.

TheSECRETARY secretaryOF ofSTATE--CHIEF stateELECTION isOFFICER-- theRULES.-- chiefA. election c e s k 23 officer of the state.

eThe asecretary nof bstate 24is B.the chief election officer of the state.

B.

u [ (1) obtain and maintain uniformity in the .222281.1 - 8 - SFC/SB 6 application, operation and interpretation of the Election Code;

No forms or procedures shall be used in any h election held pursuant to the Election Code without prior g o approval of the secretary of state.

If a form is authorized or t hr g e required by the Election Code and issued or approved by the i k h r i s secretary of state, only the form issued or approved by the h , t, secretary may be used." e u g e b l SECTION 8.

A new Section 1-2-1.2 NMSA 1978 is enacted to e e h n d d i read:

e= t= 17o h l ] b ,d i a º e "1-2-1.2.

[NEW MATERIAL] SECRETARY OF STATE--SERVICE OF wr li n= dr 18t e w d PROCESS--ACTIONS RELATED TO ELECTIONS.--For the purposes of any = = 19 action filed in court challenging a procedure or provision of a l i a e r 20 the Election Code, a petition or a candidacy or a post-election a t m m 21 action initiated by any person, the secretary of state shall d r e 22 receive service of process, regardless of whether the secretary c e s k 23 of state is a party to the action." e a n bo 24d SECTIONm 9.:

Sectionb 1-2-7e NMSAd 1978s (beingº Lawso 1969,t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 9 - e a n e d r e l u [ ChapterA 240,d SectionSFC/SB 29,6 asaction amended)filed in court challenging a procedure or provision of the Election Code, a petition or a candidacy or a post-election action initiated by any person, the secretary of state shall receive service of process, regardless of whether the secretary of state is amendeda party to read:the action." SECTION 9.

.222281.1Section -1-2-7 9NMSA -1978 SFC/SB(being 6Laws "1-2-7.1969, Chapter 240, Section 29, as amended) is amended to read:

ELECTION"1-2-7. BOARD--QUALIFICATION OF MEMBERS-- QUALIFICATION OF PRESIDING JUDGES--QUALIFICATION OF [MINORS] QUALIFIED RESIDENTS.-- A.

ELECTION BOARD--QUALIFICATION OF MEMBERS-- QUALIFICATION OF PRESIDING JUDGES--QUALIFICATION OF [MINORS ] QUALIFIED RESIDENTS .-- A.

(3) have the necessary capacity to carry out h an election board member's functions with acceptable skill and g o dispatch;

and t hr g e i k (4) execute the election board member's oath h r i s of office.

h , t, B.

Before serving as a presiding judge of an e u g e b l e e h election board, a person shall receive training in the duties n d d i = = o h of that position [and be certified for the position]position ] by the el t] 17b ,d i a º e county clerk.

wr li n= r t e w d 18m a n o C.

No person shall be qualified for appointment or =d =m 19: service on an election board:

ab le id as eº ro 20t (1)n who= is.222281.1AIC aFebruary candidate4, to2022 be(11:21am) voteds fork atm thee - 10 - e a tn me md 21r election;e l u [ A d SFC/SB 6 service on an election board:

d(1) r e 22 (2) who is a spouse, domestic partner, parent, c e s k 23 child, brother or sister of any candidate to be voted for at e a n b 24 the election;

u(2) [ (3) who is marrieda tospouse, adomestic partner , parent, child, brother .222281.1 - 10 - SFC/SB 6 or sister of any candidate to be voted for at the election or who is the parent of the spouse or domestic partner of any candidate to be voted for at the election;

(3) who is married to a parent, child, brother or sister of any candidate to be voted for at the election or who is the parent of the spouse or domestic partner of any candidate to be voted for at the election;

A [minor][minor ] qualified resident appointed by the county clerk shall:

h (1) meet the qualifications set forth in g o Paragraphs (2) through (4) of Subsection A of this section t hr g e [except the minor need not be eligible to vote];vote ];

i k h r i s (2) be registered to vote;

and h , t, [(2)] (3) be sixteen or seventeen years of age e u g e b l at the time of the election in which the [minor][minor ] qualified e e h n d d i resident is serving as a member of an election board e= t= 17o h l ] b ,d i a º e [(3) be a citizen at the time of the election wr li n= dr 18t e w d for which the minor will be serving as a member of an election =m =a 19n board;o d m :

ab le id as eº ro 20t (4)n have= the.222281.1AIC approvalFebruary of4, the2022 minor's(11:21am) parents ork m e - 11 - e a tn me md 21r legale guardian,l unlessu the[ minorA isd emancipated;SFC/SB 6 board;

d(4) rhave ethe 22approval (5) attend at least one school of instructionthe cminor's eparent sor klegal 23guardian, inunless accordance with the provisionsminor ofis Sectionemancipated; 1-2-17 NMSA 1978;

e(5) aattend nat bleast 24one andschool uof [instruction (6) be appointed to an election board in the .222281.1 - 11 - SFC/SB 6 county in which the minor's parent or legal guardian resides, in accordance with the provisions of Section 1-2-111-2-17 NMSA 1978].1978;

and (6) be appointed to an election board in the county in which the minor's parent or legal guardian resides, in accordance with the provisions of Section 1-2-11 NMSA 1978].

h (1) a presiding judge;

g o (2) two election judges;

and t hr g e i k (3) election clerks who are appointed to h r i s assist the presiding judge and election judges.

h , t, B.

The county clerk shall appoint presiding judges e u g e b l e e h and election judges so that not more than two of the three n d d i = = o h judges belong to the same political party at the time of their el t] 17b ,d i a º e appointment;

wr li n d 18 (1) a judge of an election board shall not = =r 19t have changed party registration in the two years next preceding a l i a e rw 20d them judge's appointment in such a mannern thato the(1) judge's prior a tjudge mof man 21election partyboard registrationshall wouldnot make the judge ineligible to serve on d rm e: 22 the assigned election board;

andb c e d s kº 23o (2)t an judge= of.222281.1AIC anFebruary election4, board2022 shall(11:21am) nots k m e a- n12 b- 24e continuea ton servee ond anr electione boardl ifu the[ judgeA changesd uSFC/SB [6 have changed party registration afterin the datetwo ofyears next preceding the judge's appointment in such a .222281.1manner -that 12the -judge's SFC/SBprior 6party mannerregistration towould make the judge ineligible to serve on the assigned election board.board;

and (2) a judge of an election board shall not continue to serve on an election board if the judge changes party registration after the date of appointment in such a manner to make the judge ineligible to serve on the assigned election board.

provided that each team shall consist of two election judges and that each election judge on a team [meets the requirements of Subsection B of this section] shall not belong to the same political party as any other election judge on the team at the time of the h u » r appointment;

and provided further that an election judge shall t h g e not have changed party registration in the two years next l i h r preceding the judge's appointment in such manner that the i s h , e h judge's prior party registration would make the judge t u g e b l ineligible to serve on the assigned team.

e e , gh n d d i D.

The county clerk may appoint election clerks to e= t= 17o [the]h l ] b ,d i a º r [the ] an election board as necessary to assist the presiding we lr n= dt 18e w d judge and election judges if the county clerk determines that =m =a 19n additionalo electiond boardm members: are needed.

ab lr ie t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 13 - e a n e d r 20e E.l u [ A d SFC/SB 6 additional election board members are needed.

CountyE. clerk employees may be assigned by the a t m m 21 county clerk to provide support to an election board or polling d r e 22 location." c e s k 23 SECTION 11.

SectionCounty 1-2-16clerk NMSAemployees 1978may (beingbe Lawsassigned 1969,by ethe acounty nclerk bto 24provide Chaptersupport 240,to Sectionan 36,election asboard amended)or ispolling amendedlocation." toSECTION read:11.

uSection [1-2-16 "1-2-16.NMSA 1978 (being Laws 1969, Chapter 240, Section 36, as amended) is amended to read:

ELECTION"1-2-16. BOARD--MESSENGERS--COMPENSATION.-- .222281.1 - 13 - SFC/SB 6 A.

ELECTION BOARD--MESSENGERS --COMPENSATION.-- A.

and provided further that the rate may differentiate among the presiding judge, election h judges, election clerks and messengers.

Election board members g o and messengers shall be paid for training and may additionally t hr g e i k be paid mileage as provided in the Per Diem and Mileage Act h r i s each way over the usually traveled route when an election board h , t, member or messenger travels by private vehicle.

e u g e b l e e h [B.

Members of an election board assigned to n d d i = = o h alternate voting or alternate mobile voting locations or absent el t] 17b ,d i a º e voter precincts may be compensated at an hourly rate set by the wr li n= r t e w d 18m a n o county clerk.

=d =m 19: C.] B.

Compensationb shalle bed paids byº theo secretaryt an l= i.222281.1AIC aFebruary 4, 2022 (11:21am) s k m e r- 2014 of- statee withina thirtyn dayse followingd ther datee ofl election.u [ A d SFC/SB 6 C.

a] tB. m m 21 C.

TheCompensation secretary of state shall determinebe ifpaid d r e 22 payment is made to each county through a direct payment process c e s k 23 to election board members and messengers or by meansthe secretary of astate grantwithin ethirty adays nfollowing b 24 or reimbursement to the countydate electionof fund.election.

uC. [ D.

ForThe purposessecretary of determiningstate eligibilityshall fordetermine .222281.1if -payment 14is -made SFC/SBto 6each membershipcounty inthrough thea publicdirect employeespayment retirementprocess associationto andelection pursuantboard tomembers theand provisionsmessengers ofor Subsectionby Bmeans of Sectiona 10-11-3grant NMSAor 1978,reimbursement electionto boardthe memberscounty andelection messengersfund. are designated as seasonal employees." SECTION 12.

D.

For purposes of determining eligibility for membership in the public employees retirement association and pursuant to the provisions of Subsection B of Section 10-11-3 NMSA 1978, election board members and messengers are designated as seasonal employees." SECTION 12.

MESSENGERS--[COMPENSATION]MESSENGERS--[COMPENSATION ] APPOINTMENT.-- A.

The county clerk may appoint messengers to deliver ballot boxes, poll books, keys, election supplies and h other materials pertaining to the election.

Messengers may g o also be authorized to collect [absentee][absentee ] mailed ballots from t hr g e polling places or secured containers and removable media i k h r i s storage devices from polling places and deliver [them][them ] each to h , t, locations designated by the county clerk.

e u g e b l [B.

Messengers may be compensated at the same daily e e h n d d i or hourly rate as provided for election board members or at a e= t= 17o h l ] b ,d i a º e rate established by the county clerk.

Messengers may be paid wr li n= dr 18t e w d mileage as provided in the Per Diem and Mileage Act each way =m = 19 over the usually traveled route when the messenger travels by a ln io ad em r: 20 private vehicle.

Theb compensatione andd mileages shallº beo paidt an t= m.222281.1AIC February 4, 2022 (11:21am) s k m 21e within- thirty15 days- followinge a n e d r e l u [ A d SFC/SB 6 over the dateusually oftraveled election.route when the messenger travels by private vehicle.

dThe rcompensation eand 22mileage C.]shall B.be paid within thirty days following the date of election.

MessengersC.] shallB. take an oath of office c e s k 23 before entering into service as a messenger.

Messengers mayshall betake ean aoath nof boffice 24before appointedentering tointo serveservice solely in that capacity or may be election u [ board members or county employees also appointed to serve as .222281.1a -messenger. 15 - SFC/SB 6 messengers." SECTION 13.

Sfl1ºNo person shall serve as a messenger unless the person 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.»Sfl1 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 13.

CHALLENGERS, WATCHERS AND ELECTION OBSERVERS-- TRAINING--QUALIFICATIONS--RESTRICTIONS.--[Challengers and h watchers shall be voters of a precinct located in that county g o t hr to which they are appointed.

No] g e i k A.

Before accepting an appointment or entering into h r i s service as a challenger or watcher for an election, a person h , t, shall attend a training session in advance of that election.

e u g e b l e e h The training shall be provided by the county clerk based on a n d d i = = o h uniform curriculum provided by the secretary of state.

The l ] b ,d i a º e county clerk shall offer the training between thirty-six and r i = r t e w d m a n o twenty-nine days before the election and at least once per week priord tom the: election through the Thursday before election day.

Atb thee endd ofs theº trainingo session,t eachn person= in.222281.1AIC attendanceFebruary e4, t2022 17(11:21am) shalls signk am forme provided- by16 the- secretarye ofa staten indicatinge wd lr ne dl 18u an[ understandingA ofd theSFC/SB permitted6 andprior prohibitedto activitiesthe byelection =through =the 19Thursday challengersbefore andelection watchers.day.

TheAt countythe clerkend shallof providethe atraining asession, l i a e r 20 certificate to each person whoin completesattendance theshall trainingsign in a tform mprovided mby 21the advancesecretary of anstate electionindicating andan shallunderstanding keep and maintain in the d r e 22 office of the countypermitted clerkand aprohibited listactivities ofby thosechallengers votersand whowatchers. have c e s k 23 completed the training in advance of each election.

The listcounty eclerk ashall nprovide ba 24certificate shallto beeach availableperson towho becompletes viewedthe training in theadvance office of thean countyelection uand [shall clerkkeep atand anymaintain timein during the regularoffice hours and days of businessthe .222281.1county -clerk 16a -list SFC/SBof 6those beginningvoters withwho thehave firstcompleted day following the first training forin anadvance election and concluding with the adjournment of theeach stateelection. or county canvass board for that election, whichever is later.

The traininglist shall be openavailable to anybe interestedviewed person,in andthe office of the county clerk shallat postany noticetime during the regular hours and days of eachbusiness trainingbeginning atwith leastthe fourfirst daysday beforefollowing the first training isfor toan beelection held.and concluding with the adjournment of the state or county canvass board for that election, whichever is later.

B.The training shall be open to any interested person, and the county clerk shall post notice of each training at least four h days before the training is to be held.

Challengersg shallo beB. voters of a precinct located in the county to which the challenger is appointed.

WatchersChallengers shall be voters of a precinct t hr g e located in thisthe state.county to which the challenger is appointed.

C.i k h r i s Watchers shall be voters of a precinct in this state.

Ah person, shallt, notC. be qualified for appointment or service as a challenger, watcher or election observer if the person:

[A.A person shall not be qualified for appointment e u g e b l or service as a challenger, watcher or election observer if the e e h n d d i person:

who]= (1)= iso ah candidatel for] anyb office,d toi bea votedº fore at[A. the election;

[B.who ] (1) is a candidate for any office to r i = r t e w d be voted for at the election;

who]m (2) is a spouse,n domestico partner,d parent,m child,: brother or sister of any candidate to be voted e t 17 for at the election;

wb le d s º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 17 - e a n e d 18r [C.e l u [ A d SFC/SB 6 [B.

who]who (3)] (2) is marrieda tospouse, adomestic partner, parent, child, = = 19 brother or sister of any candidate to be voted for at the a l i a e r 20 election or [who] is the parent of the spouse or domestic a t m m 21 partner of any candidate to be voted for at the election;

[or[C. d r e 22 D.

who]who (4)] (3) is married to a sheriff,parent, deputychild, sheriff,brother cor esister sof kany 23candidate marshal,to deputybe marshalvoted for at the election or state[who ] is the parent of the spouse or municipaldomestic policepartner officer;of any candidate to be voted for at the election;

e[or aD. n b 24 (5) has accepted an appointment to serve as an u [ election board member in the same election;

.222281.1who] -(4) 17is - SFC/SB 6 (6) has been removed from service as a challenger,sheriff, watcher,deputy electionsheriff, observermarshal, ordeputy countymarshal canvass observer in the current or immediatelystate preceding election cycle by unanimous vote of the presiding judge and election judges of an election board for violating the permitted or prohibitedmunicipal activitiespolice ofofficer; challengers, watchers, election observers or county canvass observers;

provided(5) thathas theaccepted electionan boardappointment detailed with reasonable specificity the conduct that led to theserve violationas onan aelection formboard prescribedmember byin the secretarysame ofelection; state and the form is retained by the county clerk;

(6) has been removed from service as a challenger, watcher, election observer or (7)county hascanvass notobserver completedin the trainingcurrent andor receivedimmediately apreceding certificateelection fromcycle by unanimous vote of the countypresiding clerkjudge pursuantand toelection Subsectionjudges Aof an election board for violating the permitted or prohibited h activities of thischallengers, section."watchers, SECTIONelection 14.observers or g o county canvass observers;

Sectionprovided 1-2-25that NMSAthe 1978election (beingboard Lawst 1969,hr Chapterg 240,e Sectioni 44,k asdetailed amended)with isreasonable amendedspecificity the conduct that led to read:h r i s the violation on a form prescribed by the secretary of state h , t, and the form is retained by the county clerk;

or e u g e b l e e h (7) has not completed the training and n d d i = = o h received a certificate from the county clerk pursuant to l ] b ,d i a º e Subsection A of this section." r i = r t e w d SECTION 14.

Section 1-2-25 NMSA 1978 (being Laws 1969, m a n o d m :

b e d s º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 18 - e a n e d r e l u [ A d SFC/SB 6 Chapter 240, Section 44, as amended) is amended to read:

CHALLENGERS, WATCHERS, COUNTY CANVASS e t 17 OBSERVERS--PERMITTED AND PROHIBITED ACTIVITIES.-- w l n d 18 A.

Challengers, watchers and county canvass = = 19 observers shall:

a l i a e r 20 (1) not be permitted to perform any duty of an a t m m 21 election board member;

d r e 22 (2) not handle the ballots, signature rosters, c e s k 23 checklist of voters or voting machines or take any part in the e a n b 24 counting or tallying of the ballots or the county canvass;

u [ (3) not be allowed to view a voter's full date .222281.1 - 18 - SFC/SB 6 of birth or any portion of the voter's social security number;

h (4) not interfere with the orderly conduct of g o the election, the counting or tallying of the ballots or the t hr g e county canvass;

i k h r i s (5) not be allowed to photograph ballots or h , t, protected information of any voter and shall not be allowed to e u g e b l make any audio or video recording in a polling place;

e e h n d d i (6) be allowed to be within sufficient sight = = o h l ] b ,d i a º e and sound of an election board for a reasonable person to see r i = r t e w d and hear the election board in the conduct of the board's duties;m a n o d m :

(7)b bee permittedd tos speakº witho the presiding e t 17n judge= or.222281.1AIC anFebruary election4, judge2022 designated(11:21am) bys thek presidingm judgee to- w19 l- ne d 18 ask a questionn ore tod adviser ofe al potentialu breach[ ofA thed =SFC/SB =6 19duties; Election Code;

provided(7) thatbe doingpermitted soto doesspeak notwith interferethe withpresiding ajudge lor ian aelection ejudge rdesignated 20by the orderlypresiding conductjudge to ask a question or to advise of a potential breach of the election;Election Code;

andprovided inthat thedoing caseso ofdoes anot ainterfere twith mthe morderly 21conduct challenger,of tothe interposeelection; a challenge;

dand r e 22 [(5)] (8) be allowed in the roomcase inof whicha thechallenger, cto einterpose s k 23 voting is being conducted at a pollingchallenge; location;

provided[(5)] that(8) ebe aallowed nin bthe 24room atin anywhich giventhe time,voting eachis politicalbeing party,conducted candidateat ora election-polling ulocation; [ related organization may have no more than one person present;

.222281.1provided -that 19at -any SFC/SBgiven 6time, andeach [(6)]political (9)party, becandidate allowed in the room in which the absent voter election board, the recount election board or theelection- electionrelated boardorganization formay ahave specialno electionmore conductsthan itsone businessperson or,present; in the case of county canvass observers, in which the county canvass is conducted;

providedand that[(6)] each(9) politicalbe party,allowed candidatein the room in which the absent voter election board, the recount election board or election-relatedthe organizationelection shallboard havefor noa morespecial than:election conducts its business or, in the case of county canvass observers, in which the county h canvass is conducted;

(a)provided twothat personseach presentpolitical atparty, anyg giveno timecandidate inor countieselection-related withorganization shall have no more thant tenhr thousandg registerede voters;i k than:

(b)h fourr i s (a) two persons present at any given h , t, time in counties with more than fiftyten thousand registered voters;

ore (c)u fifteeng e b l e e h (b) four persons present at any given n d d i = = o h time in counties with more than one hundred fifty thousand registered voters.l ] b ,d i a º e voters;

eor r i = r t 17e B.w d (c) fifteen persons present at any given m a n o d m :

Subjectb toe permissiond granteds byº theo countyt w l n d 18 clerk, additional challengers may be present in the room in = =.222281.1AIC 19February which4, the2022 absent(11:21am) voters electionk board,m thee recount- election20 a- le i a n e d r 20e boardl oru the[ electionA boardd forSFC/SB a6 specialtime electionin conductscounties itswith amore tthan mone mhundred 21fifty businessthousand inregistered avoters. partisan election;

providedB. that the number of d r e 22 additional challengers allowed pursuant to this subsection is c e s k 23 identical for each political party participating in the e a n b 24 election." u [ SECTION 15.

SectionSubject 1-3-4to NMSApermission 1978granted (beingby Lawsthe 1975,county .222281.1clerk, -additional 20challengers -may SFC/SBbe 6present Chapterin 255,the Sectionroom 30,in aswhich amended)the isabsent amendedvoter toelection read:board, the recount election board or the election board for a special election conducts its business in a partisan election;

provided that the number of additional challengers allowed pursuant to this subsection is identical for each political party participating in the election." SECTION 15.

Section 1-3-4 NMSA 1978 (being Laws 1975, Chapter 255, Section 30, as amended) is amended to read:

The board of county commissioners [may permit voters in the county to cast ballots in statewide elections at] h shall establish voter convenience centers through the use of g o consolidated precincts [authorized pursuant to this section]section ] t hr g e for voting in a statewide election.election .

i k h r i s B.

When precincts are consolidated and voter h , t, convenience centers are established for statewide elections:

e u g e b l (1) the resolution required by Section 1-3-2 e e h n d d i NMSA 1978, in addition to the other matters required by law, = = o h l ] b ,d i a º e shall state therein which precincts have been consolidated and r i = r t e w d the location of the voter convenience center within that consolidatedm precinct;a n o d m :

(2)b anye voterd ofs theº countyo shallt ben allowed= e.222281.1AIC tFebruary 174, to2022 vote(11:21am) ons ak regularm ballote at- any21 voter- conveniencee centera inn we d r e l nu [ A d 18SFC/SB the6 county;consolidated precinct;

=(2) =any 19 (3) each voter convenienceof centerthe county shall be aallowed ato lvote ion a eregular rballot 20at consolidatedany precinctvoter composedconvenience ofcenter noin morethe thancounty; ten precincts;

a(3) t m m 21 (4) each voter convenience center shall complybe da rconsolidated eprecinct 22composed with the provisions of Sectionno 1-3-7more NMSAthan 1978;ten precincts;

c(4) e s k 23 (5) each voter convenience center shall havecomply awith e a n b 24 broadband internet connection and real-time synchronization to u [ access [to] the voterprovisions registrationof electronicSection management1-3-7 .222281.1NMSA -1978; 21 - SFC/SB 6 system;

(6)(5) theeach countyvoter clerkconvenience maycenter maintainshall anyhave alternatea votingbroadband locationsinternet orconnection mobileand alternatereal-time votingsynchronization locationsto previouslyaccess used[to] in the same election open for voting on election day as a voter convenienceregistration center,electronic inmanagement additionsystem; to the voter convenience center established within each consolidated precinct;

provided(6) that the county clerk may maintain any alternate voting locations otherwiseor meetmobile alternate voting locations previously used in the requirementssame ofelection open for voting on election day as a voter convenience center;center, in addition to the h voter convenience center established within each consolidated g o precinct;

andprovided (7)that the boardlocations ofotherwise countymeet 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 precinctt ishr [not]g 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 e ti 17k inrequirements this paragraph are permitted to vote at any voter w l n d 18 convenience center on election day only by use of a provisional = = 19 paper ballot, which shall be counted after the county clerk a l i a e r 20 confirms that the voter didconvenience notcenter; also vote in the same election a t m m 21 on any other ballot].

and h r i s (7) the board of county commissioners may h , t, permit certain precincts to be exempted from operating as a e u g e b l e e h voter convenience center or being a part of a consolidated n d d i = = o h precinct [provided that ] if the precinct is [not] designated as l ] b ,d i a º e a mail ballot election precinct pursuant to Section 1-6-22.1 r i = r t e 22w C.d NMSA 1978 [and the polling place for that precinct does not m a n o d m :

Unlessb thee countyd clerks receivesº ao writtent cn e= .222281.1AIC February 4, 2022 (11:21am) s k 23m waivere from- the22 secretary- ofe statea specifyingn thee locationd andr e l u [ A d SFC/SB 6 have real-time access to the voter registration electronic management system, voters registered in a nprecinct bas 24described specificin provisionthis beingparagraph waived,are eachpermitted to vote at any voter convenience center uon [election shall: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].

.222281.1C. - 22 - SFC/SB 6 (1) have ballots available for voters from every precinct authorized to vote at that voter convenience center;

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;

h u » r (3) have at least one voting system available t h g e to assist disabled voters to cast and record their votes;

l i h r (4) have sufficient spaces for at least five i s h , e h voters to simultaneously and privately mark their ballots, with t u g e b l at least one of those spaces wheelchair-accessible;

e e , gh n d d i (5) have sufficient check-in stations to = = o h l ] b ,d i a º r accommodate voters throughout the day as provided in Section e r = t e w d 1-9-5 NMSA 1978;

(6)m have a securen areao ford storagem of: preprinted ballots or for storage of paper ballot stock and a e t 17 system designed to print ballots [at a polling location];

wb lr ne dt 18º (7)o issuet an ballot= to.222281.1AIC votersFebruary who4, have2022 provided(11:21am) =s =k 19m thee required- voter23 identification- aftere the voter has signed a an le id ar e rl 20u signature[ rosterA ord anSFC/SB electronic6 equivalent(6) approvedhave by the a tsecure marea mfor 21storage votingof systempreprinted certificationballots committee or afterfor thestorage voterof haspaper dballot rstock eand 22a subscribedsystem andesigned application to voteprint onballots [at a formpolling approvedlocation by]; the c e s k 23 secretary of state;

and(7) eissue a nballot bto 24voters (8)who behave inprovided athe locationrequired thatvoter isidentification accessibleafter andthe uvoter [has compliantsigned witha signature roster or an electronic equivalent approved by the requirementsvoting ofsystem certification committee or after the federalvoter Americanshas withsubscribed .222281.1an -application 23to -vote SFC/SBon 6a Disabilitiesform Actapproved by the secretary of 1990.state;

and (8) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.

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 h in the voting process and that the voter convenience center g o will be centrally located within the consolidated precinct.

t hr g e i k The board of county commissioners shall give due consideration h r i s to input received from any local public body in the county h , t, regarding the location of voter convenience centers.]" e u g e b l e e h SECTION 16.

A new Section 1-3-13.1 NMSA 1978 is enacted n d d i = = o h to read:

l ] b ,d i a º e "1-3-13.1.

[NEW MATERIAL] LOCAL PUBLIC BODIES--RESIDENCE r i = r t e w d m a n o IN DISTRICTS--ELECTION AT LARGE.-- A.d m :

b e d s º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 24 - e a n e d r e l u [ A d SFC/SB 6 A.

e(1) tSfl1º 17ten»Sfl1 (1)Sfl1ºsixteen»Sfl1 ten thousand residents or more according w l n d 18 to the most recent federal decennial census shall be districted = = 19 into as many single-member districts as there are board members a l i a e r 20 to be elected;

and a t m m 21 (2) fewer than tenSfl1º thousandten»Sfl1 residentsSfl1º dsixteen»Sfl1 rthousand eresidents 22 according to the most recent federal decennial census may be c e s k 23 districted into as many single-member districts as there are e a n b 24 board members to be elected.

u [ B.

Members of elected governing bodies of a .222281.1 - 24 - SFC/SB 6 political subdivision of the state with a population of tenSfl1º ten»Sfl1 Sfl1ºsixteen»Sfl1 thousand residents or more according to the most recent federal decennial census shall be elected from districts by the voters of the district and shall h be a resident of the districted area from which the member is g o elected.

If a member permanently removes residence from or t hr g e maintains no residence in the districted area from which the i k h r i s person was elected, or to which the person was appointed in the h , t, case of an appointment, the member shall be deemed to have e u g e b l resigned.

e e h n d d i = = o h C.

Members of elected governing bodies of a l ] b ,d i a º e political subdivision of the state with a population of fewer thanr teni thousand= residentsr accordingt toe thew mostd recentthan federalSfl1º decennialten»Sfl1 censusSfl1ºsixteen»Sfl1 arethousand notresidents requiredm toa ben districted,o andd ifm not: districted, the members may reside at any location within the political subdivision and be elected at large by the voters of the political subdivision.

Ifb thee politicald es º o t 17n subdivision= is.222281.1AIC districted,February the4, members2022 shall(11:21am) bes electedk atm we l- 25 - e a n e d 18r largee byl theu voters[ ofA d SFC/SB 6 according to the politicalmost subdivisionrecent butfederal shalldecennial becensus aare =not =required 19to residentbe ofdistricted, and if not districted, the districtedmembers areamay forreside whichat any location within the memberpolitical issubdivision aand lbe ielected aat elarge rby 20the elected.voters of the political subdivision.

If the political subdivision is districted, athe membermembers ashall tbe melected mat 21large whoby permanentlythe removesvoters residenceof fromthe orpolitical maintainssubdivision nobut dshall rbe ea 22resident residenceof in the districted area fromfor which the person was c e s k 23 elected, or to which the person was appointed in the case of an e a n b 24 appointment, the member shallis beelected. deemed to have resigned.

uIf [the D.political subdivision is districted, a member who permanently removes residence from or maintains no residence in the districted area from which the person was elected, or to which the person was appointed in the case of an appointment, the member shall be deemed to have resigned.

MembersD. of the elected governing body of an H .222281.1 - 25 - SFC/SB 6 class county are not required to be districted and, if not districted, may reside at any location within the county and be elected at large by the voters of the county.

IfMembers anof H class county is districted, the members may be elected atgoverning largebody byof thean votersH ofclass thecounty politicalare subdivisionnot butrequired shallto be residentsdistricted ofand, theif districtednot areadistricted, formay whichreside theat membersany arelocation elected,within orthe maycounty and be elected fromat eachlarge district by the voters of the districtcounty. and shall be residents of the districted area from which the members are elected.

If an H class h county is districted, athe membermembers whomay permanentlybe removeselected residenceat fromlarge orby maintainsu no» residencer inthe voters of the political subdivision but shall be residents t h g e of the districted area fromfor which the personmembers wasare elected, or tol whichi theh personr wasi appointeds inmay be elected from each district by the casevoters of anthe appointment,district theh member, e h and shall be deemedresidents toof havethe resigned.districted area from which the t u g e b l members are elected.

If an H class county is districted, a e e , gh n d d i = = o h member who permanently removes residence from or maintains no l ] b ,d i a º r residence in the districted area from which the person was e r = t e w d elected, or to which the person was appointed in the case of an m a n o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 26 - e a n e d r e l u [ A d SFC/SB 6 appointment, the member shall be deemed to have resigned.

(1) the new districting plan is effective e t 17 following the expiration of the term of office for each seat on w l n d 18 the governing body;

= = 19 (2) a person serving as a member of the a l i a e r 20 governing body when a new districting plan is adopted shall a t m m 21 continue to serve the area the person was elected to represent d r e 22 for the remainder of the term of office for which the person c e s k 23 was elected, or in the case of an appointee, to represent the e a n b 24 area the person was appointed to represent until the next u [ election at which the position is subject to election;

and .222281.1 - 26 - SFC/SB 6 (3) where the terms of office of the elected governing body of a political subdivision of the state are staggered, a person serving as a member of the governing body who, at the time a new districting or redistricting plan is h u » r adopted, has more than two years remaining in the term of t h g e office to which the person was elected, but where the plan l i h r places the person's residence into a districted area for which i s h , e h the next election for the new district is less than two years t u g e b l away, the person may be a candidate in the new district and if e e , gh n d d i elected, upon being sworn in, shall be deemed to have resigned = = o h l ] b ,d i a º r from the old district seat, creating a vacancy subject to e r = t e w d appointment pursuant to the laws applicable to that political subdivisionm ofa then state.o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 27 - e a n e d r e l u [ A d SFC/SB 6 subdivision of the state.

The provisions of this section shall not apply to mayors of municipalities with a population of tenSfl1º ten»Sfl1 Sfl1º sixteen»Sfl1 thousand residents or more according to the most recent federal e t 17 decennial census.

Any municipal governing body of more than w l n d 18 six members may provide by ordinance for the election of two = = 19 members for each districted area of the municipality from which a l i a e r 20 members are to be elected;

provided that only one governing a t m m 21 body member shall be elected from a districted area at any one d r e 22 election.

c e s k 23 G.

The provisions of this section are to be carried e a n b 24 out once per decade following each federal decennial census and u [ as provided in Section 1-3-13 NMSA 1978.

After concluding the .222281.1 - 27 - SFC/SB 6 redistricting, each political subdivision in the state shall provide to the county clerk of the county in which the administrative office of the subdivision is situate and to the h secretary of state updated street file maps in a format g o provided for by the secretary of state." t hr g e i k SECTION 17.

Section 1-4-1.1 NMSA 1978 (being Laws 2015, h r i s Chapter 145, Section 19, as amended) is amended to read:

h , t, "1-4-1.1.

AUTHORIZATION TO VERIFY VOTER REGISTRATION e u g e b l e e h INFORMATION--INVESTIGATION AND RECONCILIATION.-- n d d i = = o h A.

(1)l provide] tob the,d chiefi election officer of another state or a consortiumº ofe chief(1) electionprovide officersto of other states information that is requested, including social security numbers, dates of birth, driver's licenses and identification card numbers and other information that the secretary of state deems necessary for the chief election e t 17 officer of thatr statei or= forr thet consortiume to maintain a voter w l n d 18m registrationa list,n ifo theanother secretary of state isor satisfied that = = 19 the information provided pursuant to this paragraph will be a lconsortium iof achief eelection rofficers 20 used only for the maintenance of thatd voterm registration: list;

ab e d s º o t mn = .222281.1AIC February 4, 2022 (11:21am) s k m 21e and- 28 - e a n e d r e 22l (2)u request[ fromA thed chiefSFC/SB election6 officerother states information that is requested, including social security numbers, dates of cbirth, edriver's slicenses kand 23identification anothercard statenumbers orand aother consortiuminformation that the secretary of state deems necessary for the chief election officersofficer of ethat astate nor bfor 24the otherconsortium statesto informationmaintain thata voter registration list, if the secretary of state deemsis usatisfied [that necessarythe information provided pursuant to maintainthis paragraph will be used only for the statewidemaintenance of that voter registration list.list;

.222281.1and -(2) 28request -from SFC/SBthe 6chief B.election officer of another state or a consortium of chief election officers of other states information that the secretary of state deems necessary to maintain the statewide voter registration list.

The secretary of state may enter into a written agreement with an agency or political subdivision of this state or with a department of the federal government pursuant to which the state agency, political subdivision or federal department shall provide to the secretary of state information that is in the possession of the state agency, political subdivision or federal department and that the secretary of state deems necessary to maintain the statewide voter registration list.

C.

The secretary of state shall enter into a written agreement with the secretary of taxation and revenue to match information in the database of the voter registration electronic management system with information in the database of the motor vehicle division of the taxation and revenue department to the extent required to enable each official to verify the accuracy of the information provided on applications e t 17 for voter registration.

Upon the execution of the written w l n d 18 agreement, the secretary of taxation and revenue shall enter = = 19 into an agreement with the federal commissioner of social a l i a e r 20 security pursuant to [42 U.S.C.

Section 15483 (now] 52 U.S.C.

a t m m 21 Section [21083)] 21083, for the purpose of verifying applicable d r e 22 information.

c e s k 23 D.

The secretary of state shall provide to the e a n b 24 appropriate county clerk in this state and to no other person u [ necessary information or documentation received by the .222281.1 - 29 - SFC/SB 6 secretary of state from or through an agency or political subdivision of this state, a federal department, the chief election officer of another state or a consortium of chief election officers of other states that calls into question the information provided on a certificate of registration;

that raises questions regarding the status of a person registered to vote in this state;

or that suggests that a voter may have voted in two states during the same election.

The county clerk shall [only] not disclose information received from the secretary of state pursuant to this subsection except as necessary to complete an investigation pursuant to this section.

[E.] The county clerk shall investigate or reconcile the information received from the secretary of state.

E.

The secretary of state shall develop [and maintain a manual for county clerks that describes] a general program that is uniform and nondiscriminatory for county clerks e t 17 to investigate and reconcile the information received from the w l n d 18 secretary of state and to identify voters who may be eligible = = 19 for cancellation from the statewide voter registration list.

a l i a e r 20 The general program shall describe the best practices [in] and a t m m 21 requirements for investigating and reconciling information that d r e 22 is derived from comparisons of different databases, including c e s k 23 safeguards to ensure that eligible voters are not removed in e a n b 24 error from the official list of voters, and provide a procedure u [ to:

.222281.1 - 30 - SFC/SB 6 (1) cancel certificates of registration for voters:

(a) confirmed to have voted in another state requiring residence in that state if previous to the out- of-state vote, the voter was registered to vote in this state;

or (b) confirmed to be on the social security master death index file;

and (2) identify voters who have obtained a driver's license or identification card in another state requiring residence in that state or voters who have taken other action as reasonably recognized to establish residence in another state;

provided that voters identified pursuant to this paragraph shall be included among the voters identified pursuant to Section 1-4-28 NMSA 1978 and processed in accordance with the procedures of that section." e t 17 SECTION 18.

Section 1-4-5.7 NMSA 1978 (being Laws 2019, w l n d 18 Chapter 67, Section 1, as amended) is repealed and a new = = 19 Section 1-4-5.7 NMSA 1978 is enacted to read:

a l i a e r 20 "1-4-5.7.

[NEW MATERIAL] REGISTRATION AT VOTING LOCATION a t m m 21 PRIOR TO VOTING.-- d r e 22 A.

In addition to the provisions in Section 1-4-8 c e s k 23 NMSA 1978 providing for the closing of registration prior to an e a n b 24 election, a qualified elector seeking to register to vote or u [ update an existing certificate of registration in the state .222281.1 - 31 - SFC/SB 6 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.

DuringThe secretary of state may enter into a statewidewritten election,agreement with an agency or political subdivision of this state or with a qualifieddepartment electorof maythe registerfederal government pursuant to votewhich the state agency, political subdivision or updatefederal anh existingu certificate» r department shall provide to the secretary of registrationstate atinformation t h g e that is in the countypossession clerk'sof officethe orstate anyagency, earlypolitical l i h r subdivision or electionfederal daydepartment votingand location;that the secretary of i s h , e h state deems necessary to maintain the statewide voter t u g e b l registration list.

providede thate the, secretarygh ofn stated shalld establishi proceduresC. 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.

The secretary of state shall enter into a = = o h l ] b ,d i a º r written agreement with the secretary of taxation and revenue to e r = t e w d match information in the database of the voter registration m a n o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 29 - e a n e d r e l u [ A d SFC/SB 6 electronic management system with information in the database of the motor vehicle division of the taxation and revenue department to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration.

Upon the execution of the written agreement, the secretary of taxation and revenue shall enter into an agreement with the federal commissioner of social security pursuant to [42 U.S.C.

Section 15483 (now ] 52 U.S.C.

Section [21083) ] 21083, for the purpose of verifying applicable information.

D.

The secretary of state shall provide to the appropriate county clerk in this state and to no other person necessary information or documentation received by the secretary of state from or through an agency or political subdivision of this state, a federal department, the chief election officer of another state or a consortium of chief h election officers of other states that calls into question the g o information provided on a certificate of registration;

that t hr g e i k raises questions regarding the status of a person registered to h r i s vote in this state;

or that suggests that a voter may have h , t, voted in two states during the same election.

The county clerk e u g e b l e e h shall [only ] not disclose information received from the n d d i = = o h secretary of state pursuant to this subsection except as l ] b ,d i a º e necessary to complete an investigation pursuant to this r i = r t e w d section.

[E.] The county clerk shall investigate or reconcile m a n o d m :

b e d s º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 30 - e a n e d r e l u [ A d SFC/SB 6 the information received from the secretary of state.

E.

The secretary of state shall develop [and maintain a manual for county clerks that describes] a general program that is uniform and nondiscriminatory for county clerks to investigate and reconcile the information received from the secretary of state and to identify voters who may be eligible for cancellation from the statewide voter registration list.

The general program shall describe the best practices [in] and requirements for investigating and reconciling information that is derived from comparisons of different databases, including safeguards to ensure that eligible voters are not removed in error from the official list of voters, and provide a procedure to:

(1) cancel certificates of registration for voters:

(a) confirmed to have voted in another state requiring residence in that state if previous to the out- h u » r of-state vote, the voter was registered to vote in this state;

t h g e or l i h r (b) confirmed to be on the social i s h , e h security master death index file;

and t u g e b l (2) identify voters who have obtained a e e , gh n d d i driver's license or identification card in another state = = o h l ] b ,d i a º r requiring residence in that state or voters who have taken e r = t e w d other action as reasonably recognized to establish residence in m a n o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 31 - e a n e d r e l u [ A d SFC/SB 6 another state;

provided that voters identified pursuant to this paragraph shall be included among the voters identified pursuant to Section 1-4-28 NMSA 1978 and processed in accordance with the procedures of that section." SECTION 18.

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.

In addition to the provisions in 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 h state or elsewhere and as further provided in this section.

u » r B.

During a statewide election, a qualified elector t h g e may register to vote or update an existing certificate of l i h r i s registration at the county clerk's office or any early or h , e h election day voting location;

provided that the secretary of t u g e b l state shall establish procedures to ensure that a registration e e , gh n d d i = = o h officer has an opportunity to review the information of a l ] b ,d i a º r qualified elector who registers to vote or updates an existing e r = t e w d certificate of registration immediately before the qualified m a n o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 32 - e a n e d r e l u [ A d SFC/SB 6 elector votes.

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 e t 17 updating an existing certificate of registration or registering w l n d 18 to vote at a voting location immediately before voting in a = = 19 primary election.

a l i a e r 20 D.

During a special election, a qualified elector a t m m 21 may register to vote or update an existing certificate of d r e 22 registration at the county clerk's office during the regular c e s k 23 hours and days of business beginning on the twenty-eighth day e a n b 24 preceding the election until 7:00 p.m.

u [ provided that the county clerk shall provide the voter with a .222281.1 - 32 - SFC/SB 6 ballot and balloting materials immediately after the qualified elector registers to vote or updates the existing certificate of registration.

A qualified elector seeking to register to vote h u » r or update an existing certificate of registration pursuant to t h g e this section shall provide a physical form of identification l i h r that is issued by the federal government, a state government or i s h , e h a federally recognized Indian nation, tribe or pueblo and that:

t u g e b l (1) contains the name of the qualified e e , gh n d d i elector, which shall reasonably match the name provided on the = = o h l ] b ,d i a º r certificate of registration;

e r = t e w d (2) contains a photograph of the qualified elector,m whicha shalln resembleo thed qualifiedm elector;:

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 33 - e a n e d r e l u [ A d SFC/SB 6 elector, which shall resemble the qualified elector;

and e t 17 (4) shall either:

w l n d 18 (a) contain an address that matches the = = 19 address provided for the certificate of registration;

or a l i a e r 20 (b) be accompanied by an original or a t m m 21 copy of a utility bill, bank statement, government check, d r e 22 paycheck or other document issued by an educational institution c e s k 23 or government, including a document issued by a federally e a n b 24 recognized Indian nation, tribe or pueblo, dated within the u [ ninety days prior to the qualified elector registering to vote .222281.1 - 33 - SFC/SB 6 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 h registration, and an address that matches the address provided u » r for the certificate of registration.

t h g e F.

If a voting location does not have real-time l i h r i s synchronization with the voting data at the office of the h , e h county clerk, a voter desiring to update an existing t u g e b l certificate of registration or to register to vote shall be e e , gh n d d i = = o h issued a provisional paper ballot.

A provisional paper ballot l ] b ,d i a º r issued pursuant to this section shall be qualified and e r = t e w d tabulated once the county clerk determines that the voter did notm votea anyn othero ballotd inm the: same election and if no challenge is successfully interposed." SECTION 19.

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 34 - e a n e d r e l u [ A d SFC/SB 6 not vote any other ballot in the same election and if no challenge is successfully interposed." SECTION 19.

e t 17 "1-4-8.

DUTIES OF COUNTY CLERK--ACCEPTANCE OF w l n d 18 REGISTRATION--CLOSE OF REGISTRATION--LATE REGISTRATION.--Except = = 19 for qualified electors who register to vote or update a a l i a e r 20 certificate of registration at a voting location prior to a t m m 21 voting pursuant to Section 1-4-5.7 NMSA 1978, for qualified d r e 22 electors seeking to register to vote or update an existing c e s k 23 voter registration in the state, the following provisions shall e a n b 24 apply:

u [ A.

to participate in an election, the deadline to .222281.1 - 34 - SFC/SB 6 register to vote or update an existing voter registration is twenty-eight days prior to that election;

the county clerk shall receive certificates of registration at all times during normal working hours, except h u » r that the clerk shall not process any certificate of t h g e registration subscribed and sworn beginning the first business l i h r day after the deadline to register to vote or update an i s h , e h existing voter registration before an election if the t u g e b l residential address on the certificate of registration e e , gh n d d i indicates that the registration is for a:

= = o h l ] b ,d i a º r (1) statewide election, within the county;

or e r = t e w d (2) special election, within any precinct in them countya inn whicho votesd maym be: cast in the special election;

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 35 - e a n e d r e l u [ A d SFC/SB 6 the county in which votes may be cast in the special election;

e t 17 (1) new voter registrations that meet the w l n d 18 requirements of this section;

= = 19 (2) updates to existing voter registrations in a l i a e r 20 this state that meet the requirements of this section;

provided a t m m 21 that an update to an existing registration in this state shall d r e 22 not be processed if the voter has requested or been sent a c e s k 23 ballot in the election, unless the voter executes an affidavit e a n b 24 stating that the voter has not and will not vote the ballot u [ that was issued and the ballot register does not show that a .222281.1 - 35 - SFC/SB 6 ballot from the voter has been cast in the election;

h provided that a cancellation of an existing voter registration g o shall not be processed if the voter has requested or been sent t hr g e i k a ballot in the election;

h r i s D.

certificates of registration and cancellations h , t, of existing voter registrations not processed pursuant to e u g e b l e e h Subsection B or C of this section [shall][shall ] may be processed n d d i = = o h beginning [thirty-five days after]after ] the Monday following an l ] b ,d i a º e election and shall be processed beginning no later than the r i = r t e w d first business day after the approval of the county canvass reportm for that election, at which time a votern informationo documentd shallm be: mailed to the registrant at the address shown on the certificate of registration;

providedb thate ifd theres isº ao subsequentt electionn scheduled= at.222281.1AIC whichFebruary a4, qualified2022 elector(11:21am) ors ek tm 17e voter- would36 be- eligiblee toa voten ife thed certificater ofe w l nu d[ 18A registrationd wereSFC/SB processed6 onreport an earlier date, the certificate = = 19 of registration for that qualifiedelection elector, orat voterwhich shalltime be a lvoter iinformation adocument eshall rbe 20mailed processed by the county clerk on a day and in a manner to a t m m 21 ensure the abilityregistrant ofat the qualifiedaddress electorshown oron voter to vote in d r e 22 the subsequentcertificate election;of registration;

cprovided ethat sif kthere 23is E.a subsequent election scheduled at which a qualified elector or voter would be eligible to vote if the certificate of registration were processed on an earlier date, the certificate of registration for that qualified elector or voter shall be processed by the county clerk on a day and in a manner to ensure the ability of the qualified elector or voter to vote in the subsequent election;

whenE. the deadline to register to vote or update e a n b 24 an existing voter registration prior to an election referred to u [ in this section is a Saturday, Sunday or state holiday, .222281.1 - 36 - SFC/SB 6 registration certificates shall be accepted through the next succeeding business day for the office of the county clerk;

when the deadline to register to vote or update an existing voter registration prior to an election referred to in this section is a Saturday, Sunday or state holiday, registration certificates shall be accepted through the next succeeding business day for the office of the county clerk;

the county clerk shall accept for filing and process any certificate of registration that is subscribed and h u » r dated on or before the deadline to register to vote or update t h g e an existing voter registration prior to an election and:

l i h r (1) received by the county clerk by the end of i s h , e h the last regular business day of the week for the office of the t u g e b l county clerk immediately following the deadline to register to e e , gh n d d i vote or update an existing voter registration prior to an = = o h l ] b ,d i a º r election;

e r = t e w d (2) mailed and postmarked on or before the day ofm thea deadlinen too registerd tom vote: or update an existing voter registration prior to any election referred to in this section;

orb (3)r acceptede att aº stateo agencyt designatedn = .222281.1AIC February 4, 2022 (11:21am) s k m e t- 1737 pursuant- toe Sectiona 1-4-5.2n NMSAe 1978."d wr e l nu [ A d 18SFC/SB SECTION6 20.of the deadline to register to vote or update an existing voter registration prior to any election referred to in this section;

Sectionor 1-4-11(3) NMSAaccepted 1978at (beinga Lawsstate 1969,agency =designated =pursuant 19to Chapter 240, Section 67,1-4-5.2 asNMSA amended)1978." isSECTION amended20. to read:

aSection l1-4-11 iNMSA a1978 e(being rLaws 201969, "1-4-11.Chapter 240, Section 67, as amended) is amended to read:

DUTIES"1-4-11. OF COUNTY CLERK--UPON RECEIPT OF a t m m 21 CERTIFICATES.-- d r e 22 A.

UponDUTIES receiptOF ofCOUNTY aCLERK--UPON completeRECEIPT certificateOF ofCERTIFICATES.-- cA. e s k 23 registration, if the certificate of registration is in proper e a n b 24 form, the county clerk shall determine if the qualified elector u [ applying for registration is already registered in the .222281.1 - 37 - SFC/SB 6 registration records of the county.

IfUpon thereceipt qualifiedof electora iscomplete notcertificate alreadyof registeredregistration, in the county and if the certificate of registration is received within the time allowed by law for filing certificates of registration in theproper countyform, clerk's office, the county clerk shall signdetermine orif stamp, in the spacequalified providedelector thereforapplying onfor eachregistration copyis ofalready theregistered certificate,in the qualifiedregistration elector'srecords nameof and the datecounty. the certificate was accepted for filing in the county registration records.

VoterIf informationthe shallqualified beelector handedis not already registered in the county and if the certificate of registration is received within the time allowed by law for h filing certificates of registration in the county clerk's g o office, the county clerk shall sign or mailedstamp, immediatelyin tothe space t hr g e i k provided therefor on each copy of the certificate, the h r i s qualified electorelector's name and tothe nodate otherthe person.certificate was h , t, accepted for filing in the county registration records.

B.Voter e u g e b l e e h information shall be handed or mailed immediately to the n d d i = = o h qualified elector and to no other person.

Ifl the] applicant'sb certificate,d ofi registrationa isº rejected for any reason, the county clerk shall stamp or write the word "rejected" on the new certificate of registration and hand or mail it, if possible, to the applicant with an explanation of why the new certificate of registration was rejected and what remedial action, if any, the applicant e tB. 17 must take to bring the registration up to date or into w l n d 18 compliance with the Election Code.

=If the applicant's certificate of registration r i = 19r C.t e w d m a n o is rejected for any reason, the county clerk shall stamp or d m :

Theb countye clerkd shalls rejectº anyo certificatet ofn a= l.222281.1AIC iFebruary 4, 2022 (11:21am) s k m e - 38 - e a n e d r 20e l u [ A d SFC/SB 6 write the word "rejected" on the new certificate of registration thatand doeshand notor containmail it, if possible, to the qualifiedapplicant elector'swith aan texplanation mof mwhy 21the name,new addresscertificate of registration was rejected and datewhat ofremedial birth,action, alongif withany, athe signatureapplicant must take to bring the registration up to date or dinto rcompliance ewith 22the usualElection mark.Code.

IfC. the qualified elector is a new voter, the c e s k 23 county clerk shall reject any certificate of registration that e a n b 24 does not contain the qualified elector's driver's license or u [ state identification number issued by the motor vehicle .222281.1 - 38 - SFC/SB 6 division of the taxation and revenue department, social security number or last four digits of the qualified elector's social security number.

The county clerk shall reject any certificate of registration inthat whichdoes not contain the questionqualified regardingelector's citizenshipname, isaddress notand answereddate orof isbirth, answeredalong inwith thea negative.signature or usual mark.

D.If the qualified elector is a new voter, the county clerk shall reject any certificate of registration that does not contain the qualified elector's driver's license or state identification number issued by the motor vehicle division of the taxation and revenue department, social security number or last four digits of the qualified elector's social security number.

AThe fullcounty socialclerk securityshall numberreject isany requiredcertificate toof finishregistration processingin awhich newthe voterquestion registrationregarding h u » r citizenship is not answered or is answered in thisthe state.negative.

Ift theh certificateg ofe registrationD. does not contain a social security number, the county clerk shall ascertain the qualified elector's social security number from the qualified elector's previous certificate of registration, from the motor vehicle division of the taxation and revenue department or from the secretary of state.

A full social security number is required to l i h r finish processing a new voter registration in this state.

If i s h , e h the certificate of registration does not contain a social t u g e b l security number, the county clerk shall ascertain the qualified e e , gh n d d i elector's social security number from the qualified elector's = = o h l ] b ,d i a º r previous certificate of registration, from the motor vehicle e r = t e w d division of the taxation and revenue department or from the m a n o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 39 - e a n e d r e l u [ A d SFC/SB 6 secretary of state.

If the county clerk rejects a certificate of registration because required information is not provided on the certificate or cannot ascertain the qualified elector's e t 17 social security number, the county clerk shall indicate this on w l n d 18 the qualified elector's certificate of registration and shall = = 19 make the appropriate notation in the voter file, indicating a l i a e r 20 that the voter is required to provide the full social security a t m m 21 number prior to receiving a ballot and, until it is provided, d r e 22 may only vote on a provisional ballot.

The provisional ballot c e s k 23 shall be counted [once][once ] if the required information is provided e a n b 24 or the voter's full social security number is ascertained u [ during the period for counting provisional ballots, including .222281.1 - 39 - SFC/SB 6 any appeals provided for in the Election Code.

If the qualified elector does not register in person, has not previously voted in an election in New Mexico h and does not provide the registration officer with the required g o documentary identification, the registration officer shall t hr g e i k indicate this on the qualified elector's certificate of h r i s registration and the county clerk shall note this on the h , t, appropriate precinct signature roster." e u g e b l e e h SECTION 21.

Section 1-4-34 NMSA 1978 (being Laws 1969, n d d i = = o h Chapter 240, Section 90, as amended) is amended to read:

l ] b ,d i a º e "1-4-34.

BOARD OF REGISTRATION--BOARD OF COUNTY r i = r t e w d m a n o COMMISSIONERS--APPOINTMENT.-- A.d m :

b e d s º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 40 - e a n e d r e l u [ A d SFC/SB 6 A.

provided that a [class B]B e] t 17 county [as defined in Section 4-44-1 NMSA 1978 shall]shall ] with w l n d 18 fewer than five thousand residents as of the last federal = = 19 decennial census may appoint three voters who shall constitute a l i a e r 20 the board of registration for the county.

a t m m 21 B.

Members of the board of registration shall not d r e 22 during their service be county employees, elected officials or c e s k 23 candidates for public office, and not more than two members of e a n b 24 the board of registration shall be members of the same u [ political party at the time of their appointment;

provided .222281.1 - 40 - SFC/SB 6 that:

(1) a member of the board of registration shall not have changed party registration in the two years next h preceding the member's appointment in such a manner that the g o member's prior party registration would make the member t hr g e ineligible to serve on the board of registration;

and i k h r i s (2) a member of the board of registration h , t, shall not continue to serve on the board of registration if the e u g e b l member changes party registration after the date of appointment e e h n d d i in such a manner to make the member ineligible to serve on the = = o h l ] b ,d i a º e board of registration.

r i = r t e w d C.

In the event that a position on the board of registrationm becomes vacant for any of the reasons described in Section 10-3-1 NMSA 1978, the board of county commissioners shall appoint a replacement who shall qualify pursuant to Subsection B of this section and serve until the expiration of e t 17 the original term." w l n o d 18m SECTION: 22.

Sectionb 1-4-47e NMSAd 1978s (beingº Lawso 1991,t =n = 19.222281.1AIC ChapterFebruary 80,4, 2022 (11:21am) s k m e - 41 - e a n e d r e l u [ A d SFC/SB 6 registration becomes vacant for any of the reasons described in Section 4,10-3-1 asNMSA amended)1978, isthe amendedboard of county commissioners shall appoint a replacement who shall qualify pursuant to read:Subsection B of this section and serve until the expiration of the original term." SECTION 22.

aSection l1-4-47 iNMSA a1978 e(being rLaws 201991, "1-4-47.Chapter 80, Section 4, as amended) is amended to read:

DRIVER'S"1-4-47. LICENSE VOTER REGISTRATION.-- a t m m 21 A.

EveryDRIVER'S personLICENSE whoVOTER isREGISTRATION.-- aA. qualified elector and is d r e 22 applying for a driver's license, to renew a driver's license or c e s k 23 for an identification card shall, if qualified to register to e a n b 24 vote, with the consent of the applicant be simultaneously u [ registered to vote.

.222281.1Every -person 41who -is SFC/SBa 6qualified B.elector and is applying for a driver's license, to renew a driver's license or for an identification card shall, if qualified to register to vote, with the consent of the applicant be simultaneously registered to vote.

TheB. secretary of taxation and revenue shall select certain employees of the motor vehicle division of the taxation and revenue department or employees of entities on contract to provide field services to the motor vehicle division to provide assistance to any applicant requesting voter registration assistance.

C.The secretary of taxation and revenue shall select certain employees of the motor vehicle division of the taxation and revenue department or employees of entities on h contract to provide field services to the motor vehicle u » r division to provide assistance to any applicant requesting t h g e voter registration assistance.

Everyl motori vehicleh divisionr office,i fields officeC. or contract field office of the division shall display within the offices clearly visible signs stating "voter registration assistance available" and:

(1)Every personnelmotor invehicle eachdivision officeoffice, shallfield adviseh each, persone whoh isoffice aor qualifiedcontract electorfield andoffice anof applicantthe fordivision licensureshall ordisplay renewalt oru forg ane identificationb cardl thatwithin initialthe voteroffices registrationclearly orvisible asigns changestating of"voter addresse fore voter, registrationgh mayn bed maded simultaneouslyi with= the= motoro vehicleh application;registration assistance available" and:

el t] 17b (2),d voteri registrationa shallº ber conducted(1) personnel in aeach woffice lshall nadvise each e r = t e w d 18person mannerwho suchis thata thequalified applicantelector completesand thean fullapplicant certificatefor =m =a 19n ofo registrationd electronically;m :

[and]b ar le it aº eo rt 20n (3)= the.222281.1AIC applicant'sFebruary digital4, signature2022 shall(11:21am) bes ak t m me 21- affixed42 to- thee certificatea ofn registratione using an electronic d r e 22l signatureu in[ conformanceA withd theSFC/SB Electronic6 Authenticationlicensure ofor crenewal eor sfor kan 23identification Documentscard Actthat andinitial thevoter Uniformregistration Electronicor Transactions Act, and e a nchange bof 24address thefor formvoter andregistration signaturemay shall be transmittedmade tosimultaneously the secretary of u [ state along with any other available images of the voter's .222281.1 - 42 - SFC/SB 6 signature contained in the motor vehicle division'sapplication; records for the secretary of state to include in a database of signatures;

and(2) (4)voter every certificate of registration completed electronically shall include the applicant's full social security number and shall be transmittedconducted byin means of a securedmanner electronicsuch transmissionthat to the secretaryapplicant ofcompletes statethe forfull deliverycertificate toof theregistration appropriateelectronically; county clerk.

D.[and ] (3) the applicant's digital signature shall be affixed to the certificate of registration using an electronic signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act, and the form and signature shall be transmitted to the secretary of state along with any other available images of the voter's signature contained in the motor vehicle division's records for the secretary of state to include in a database of signatures;

Aand motor(4) vehicleevery divisioncertificate employeeof orregistration contractorh shallu not» intentionallyr influencecompleted electronically shall include the prospectiveapplicant's registrantfull int h g e social security number and shall be transmitted by means of a l i h r secured electronic transmission to the selectionsecretary of politicalstate party,for ori independents status,h by, worde orh act.delivery to the appropriate county clerk.

At motoru vehicleg divisione employeeb orl contractorD. shall not reveal the existence of or the nature of the voter registration to anyone other than a registration officer.

A motor vehicle division employee or contractor e e , gh n d d i shall not intentionally influence the prospective registrant in = = o h l ] b ,d i a º r the selection of political party, or independent status, by e r = t e w d word or act.

A motor vehicle division employee or contractor m a n o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 43 - e a n e d r e l u [ A d SFC/SB 6 shall not reveal the existence of or the nature of the voter registration to anyone other than a registration officer.

Any certificate of voter registration completed on a paper form and made or accepted at a motor vehicle e t 17 division office, [or motor vehicle division]division ] field office or w l n d 18 contract field office shall be transmitted to the secretary of = = 19 state [and][and ] or the [appropriate registration officer] county a l i a e r 20 clerk of the county in which the office is located within seven a t m m 21 [calendar] days.

d r e 22 F.

The secretary of state shall work with the motor c e s k 23 vehicle division to:

e a n b 24 (1) ensure compliance in the application of u [ the provisions of this section with the federal National Voter .222281.1 - 43 - SFC/SB 6 Registration Act of 1993;

(2) ensure consistent implementation in the various counties, based on county classification and developing h technology;

and g o (3) develop procedures to ensure that, once t hr g e i k voter registration information is transmitted to the h r i s appropriate registration officer, the voter's certificate of h , t, registration is printed and placed in the county's register of e u g e b l e e h voters." n d d i = = o h SECTION 23.

Section 1-5-6 NMSA 1978 (being Laws 1969, l ] b ,d i a º e Chapter 240, Section 108, as amended) is amended to read:

r i = r t e w d m a n o "1-5-6.

PRECINCT VOTER LISTS--SIGNATURE ROSTER PREPARATION--ELECTRONICd POLLm BOOK: ALTERNATIVE.-- A.

Theb countye clerkd shalls provideº foro preparationt ofn precinct= voter.222281.1AIC listsFebruary and4, signature2022 rosters(11:21am) generateds fromk them officiale state- voter44 file- fore anya precinctsn or an e td 17r electronice polll booku alternative[ approvedA by the voting system w l n d 18SFC/SB certification6 committeePREPARATION--ELECTRONIC andPOLL certifiedBOOK byALTERNATIVE the.-- secretaryA. of = = 19 state.

aThe lcounty iclerk ashall eprovide rfor 20preparation B.of precinct voter lists and signature rosters generated from the official state voter file for any precincts or an electronic poll book alternative approved by the voting system certification committee and certified by the secretary of state.

TheB. precinct voter lists and signature rosters a t m m 21 or an electronic poll book alternative shall be used at any d r e 22 election for which registration of voters is required in lieu c e s k 23 of bound original certificates of registration and poll books." e a n b 24 SECTION 24.

SectionThe 1-6-4precinct NMSAvoter 1978lists (beingand Lawssignature 1969,rosters uor [an Chapterelectronic 240,poll Sectionbook 130,alternative asshall amended)be used at any election for which registration of voters is amendedrequired toin read:lieu of bound original certificates of registration and poll books." SECTION 24.

.222281.1Section -1-6-4 44NMSA -1978 SFC/SB(being 6Laws "1-6-4.1969, Chapter 240, Section 130, as amended) is amended to read:

"1-6-4.

In a statewide election, application by a voter for a mailed ballot shall be made only on [a][a ] the official h paper form approved by the secretary of state or its online g o equivalent accessed through a website authorized by the t hr g e secretary of state.

The form shall identify the applicant and i k h r i s contain information to establish the applicant's qualification h , t, for issuance of a mailed ballot under the Absent Voter Act.

e u g e b l [provided that only on the application form for a primary e e h n d d i election ballot there shall be a box, space or place provided = = o h l ] b ,d i a º e for designation of the voter's political party affiliation] r i = r t e w d The address for the website authorized by the secretary of statem to submit an online application for a mailedn balloto mayd bem disseminated: by any election official, campaign or third- party individual or organization.

Theb officiale paperd forms toº applyo fort an mailed= ballot.222281.1AIC shallFebruary be4, provided2022 to(11:21am) as voterk onlym bye - 45 - e ta 17n thee countyd clerkr fore thel countyu in[ whichA thed voterSFC/SB is6 wstate lto nsubmit dan 18online registeredapplication tofor votea andmailed ballot may be disseminated by noany otherelection person;official, campaign or third- party individual or organization.

providedThe thatofficial apaper =form =to 19 federal qualified elector may apply for a mailed ballot usingshall abe lprovided ito a evoter ronly 20by anythe ofcounty theclerk methodsfor describedthe county in which the Uniformvoter Militaryis andregistered ato tvote mand mby 21no Overseasother Votersperson; Act.

dprovided rthat ea 22federal B.qualified elector may apply for a mailed ballot using any of the methods described in the Uniform Military and Overseas Voters Act.

EachB. application on a paper form for a mailed c e s k 23 ballot shall be signed by the applicant and shall require the e a n b 24 applicant's printed name, registration address and year of u [ birth [to be supplied by the applicant, which shall constitute .222281.1 - 45 - SFC/SB 6 the required form of identification].

WhenEach submittedapplication byon thea voter,paper theform countyfor clerka shallmailed acceptballot anshall applicationbe forsigned aby mailedthe ballotapplicant pursuantand toshall thisrequire subsectionthe regardlessapplicant's ofprinted whethername, theregistration applicationaddress forand ayear mailedof ballotbirth is[to deliveredbe tosupplied by the countyapplicant, clerkwhich onshall paperconstitute orthe byrequired electronicform means.of identification].

[WhenWhen submitted by athe thirdvoter, party, the county clerk shall not accept an application for a mailed ballot pursuant to this subsection ifregardless of whether h the application for a mailed ballot is delivered to the county u » r clerk on paper or by electronic means.]means. C.

The[When secretarysubmitted ofby statea t h g e third party, the county clerk shall allownot accept an application l i h r i s for a votermailed ballot pursuant to submitthis ansubsection onlineif the h , e h application for a mailed ballot throughis adelivered websiteby authorizedelectronic byt theu secretaryg ofe state;b l means.] e e , gh n d d i = = o h C.

providedThe thatsecretary theof voterstate shall haveallow a currentvoter orto expiredl New] Mexicob driver's,d licensei ora stateº identificationr cardsubmit issuedan byonline theapplication motorfor vehiclea divisionmailed ofballot thethrough taxationa ande revenuer department.= t e w d website authorized by the secretary of state;

Anprovided onlinethat requestthe form a mailedn balloto shalld containm all: of the e t 17 information that is required for a paper form.

Theb voterr shalle wt lº o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 46 - e a n e d 18r alsoe providel theu person's[ fullA Newd MexicoSFC/SB driver's6 licensevoter =shall =have 19a numbercurrent or expired New Mexico driver's license or state identification card number.issued by the motor vehicle division of the taxation and revenue department.

aAn lonline irequest for a emailed rballot 20shall D.contain all of the information that is required for a paper form.

WhenThe a voter requests a mailed ballot pursuant a t m m 21 to this section, the voter shall markalso theprovide box associated with d r e 22 the followingperson's statement,full whichNew shallMexico bedriver's includedlicense asnumber partor ofstate theidentification ccard enumber. s k 23 online mailed ballot request form:

eD. a n b 24 "By clicking the boxes below, I swear or affirm all of the u [ following:

.222281.1When -a 46voter -requests SFC/SBa 6mailed [ballot ]pursuant Ito amthis section, the personvoter whoseshall namemark andthe identifyingbox informationassociated iswith providedthe onfollowing thisstatement, formwhich andshall Ibe desireincluded toas requestpart aof mailed ballot to vote in the stateonline ofmailed Newballot Mexico;request form:

and"By [clicking ] All of the informationboxes thatbelow, I haveswear providedor onaffirm thisall form is true and correct as of the datefollowing: I am submitting this form.".

E.[ ] I am the person whose name and identifying information is provided on this form and I desire to request a mailed ballot to vote in the state of New Mexico;

Onlineand applications[ for] mailedAll ballotsof shallthe retaininformation thethat datesI ofhave submissionprovided byon theh qualifiedu elector» r this form is true and ofcorrect acceptanceas byof the countydate clerk.I am submitting t h g e this form.".

Forl purposesi ofh deadlinesr containedE. in the Election Code, the time and date of the submission by the voter shall be considered the time and date when the application for a mailed ballot is received by the county clerk.

Online applications for mailed ballots shall i s h , e h retain the dates of submission by the qualified elector and of t u g e b l acceptance by the county clerk.

For purposes of deadlines e e , gh n d d i contained in the Election Code, the time and date of the = = o h l ] b ,d i a º r submission by the voter shall be considered the time and date e r = t e w d when the application for a mailed ballot is received by the m a n o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 47 - e a n e d r e l u [ A d SFC/SB 6 county clerk.

New registrants who registered for the first time in this state by mail and at that time did not provide acceptable documentary identification as required by federal e t 17 law shall be informed of the need to comply with federal w l n d 18 identification requirements when returning the requested ballot = = 19 and notified that if the registrant votes for the first time in a l i a e r 20 New Mexico by mail and does not follow the instructions for a t m m 21 returning the required documentary identification, the d r e 22 registrant waives the right to secrecy in that mailed ballot.

c e s k 23 The secretary of state shall issue rules to exempt voters from e a n b 24 submitting identification only as required by federal law and u [ shall review and, if necessary, update these rules no later .222281.1 - 47 - SFC/SB 6 than March 15 of even-numbered years.

A person who willfully and with knowledge and intent to deceive or mislead any voter, election board, h canvassing board, county clerk or other election official and u » r who falsifies any information on an absentee ballot request t h g e form or who affixes a signature or mark other than the person's l i h r i s own on a mailed ballot request form is guilty of a fourth h , e h degree felony." t u g e b l SECTION 25.

Section 1-6-5 NMSA 1978 (being Laws 1969, e e , gh n d d i = = o h Chapter 240, Section 131, as amended) is amended to read:

l ] b ,d i a º r "1-6-5.

PROCESSING APPLICATION--ISSUANCE OF BALLOT.-- e r = t e w d A.

The county clerk shall mark each completed applicationm for a mailedn balloto withd them date: and time of receipt in the clerk's office and enter the required information in the ballot register.

Theb countyr clerke shallt thenº determineo ift then applicant= is.222281.1AIC aFebruary voter4, and2022 if(11:21am) thes voterk ism e t- 1748 - e a uniformed-servicen votere ord anr oversease voter.l u [ A d SFC/SB 6 application for a mailed ballot with the date and time of receipt in the clerk's office and enter the required information in the ballot register.

IfThe thecounty wclerk lshall nthen ddetermine 18if the applicant is a uniformed-service voter orand overseasif voter, the =voter =is 19 application shall be processed pursuant to the Uniform Military a luniformed-service ivoter aor ean roverseas 20voter. and Overseas Voters Act.

AnIf applicationthe forapplicant ais mailed ballot a tuniformed-service m m 21 from a voter whoor isoverseas notvoter, athe federalapplication qualifiedshall electorbe isprocessed timelypursuant dto r e 22 if received by the countyUniform clerkMilitary noand laterOverseas thanVoters fourteenAct. days c e s k 23 prior to election day.

eAn application for a nmailed bballot 24from B.a voter who is not a federal qualified elector is timely if received by the county clerk no later than fourteen days prior to election day.

IfB. the applicant does not have a valid u [ certificate of registration on file in the county, a mailed .222281.1 - 48 - SFC/SB 6 ballot shall not be issued and the county clerk shall mark the application "rejected" and file the application in a separate file from those accepted [and notify the applicant in writing with an explanation why the application was rejected].

C.If the applicant does not have a valid certificate of registration on file in the county, a mailed ballot shall not be issued and the county clerk shall mark the application "rejected" and file the application in a separate file from those accepted [and notify the applicant in writing with an explanation why the application was rejected].

Whenh requiredu by» federalr law,C. if the applicant has on file with the county a valid certificate of registration that indicates that the applicant is a voter who is a new registrant in the state and who registered by mail without submitting the required documentary identification, the county clerk shall notify the voter that the voter must submit with the mailed ballot a form of documentary identification from the list in Paragraph (3) of Subsection I of Section 1-4-5.1 NMSA 1978.

When required by federal law, if the applicant t h g e has on file with the county a valid certificate of registration l i h r that indicates that the applicant is a voter who is a new i s h , e h registrant in the state and who registered by mail without t u g e b l submitting the required documentary identification, the county e e , gh n d d i clerk shall notify the voter that the voter must submit with = = o h l ] b ,d i a º r the mailed ballot a form of documentary identification from the e r = t e w d list in Paragraph (3) of Subsection I of Section 1-4-5.1 NMSA m a n o d m :

b r e t º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 49 - e a n e d r e l u [ A d SFC/SB 6 1978.

If the applicant has on file with the county a e t 17 valid certificate of registration, the county clerk shall mark w l n d 18 the application "accepted" and deliver a mailed ballot to the = = 19 voter and the required envelopes for use in returning the a l i a e r 20 ballot.

a t m m 21 E.

Upon the mailing of a mailed ballot to an d r e 22 applicant who is a voter, an appropriate designation shall be c e s k 23 made [on the signature line of the signature roster next to the e a n b 24 name of the voter] in the absentee ballot register.

u [ F.

A mailed ballot shall not be delivered by the .222281.1 - 49 - SFC/SB 6 county clerk to any person other than the applicant for the ballot.

For each application h for a mailed ballot received twenty-three or more days before g o the election, the county clerk shall send either the ballot or t hr g e i k a notice of rejection to the applicant as soon as practicable;

h r i s provided that the ballot or a notice of rejection is sent not h , t, later than twenty-two days before the election.

For each e u g e b l e e h application for a mailed ballot received within twenty-two days n d d i = = o h of election day, the county clerk shall send either the mailed l ] b ,d i a º e ballot or a notice of rejection to the applicant within twenty- r i = r t e w d four hours after receipt of the voter's application for a mailedm ballot.a n o d m :

[Ab mailede ballotd shalls beº requestedo nott latern than= the.222281.1AIC ThursdayFebruary immediately4, prior2022 to(11:21am) thes datek ofm thee election- and50 shall- bee senta ton thee voterd notr latere thanl theu Friday[ immediatelyA priord toSFC/SB the6 datemailed ofballot. the election.] e t 17 G.

If[A the application for a mailed ballot fromshall abe wrequested lnot nlater dthan 18the voterThursday whoimmediately isprior notto athe federaldate qualifiedof elector indicates that the =election =and 19shall mailed ballot is to be deliveredsent to anthe addressvoter othernot later than anthe aFriday limmediately iprior ato e r 20 address listed on the voter'sdate certificate of registration, the aelection.] tG. m m 21 county clerk shall prepare a notice of requested mailed ballot.

dIf rthe eapplication 22for Thea notice of requested mailed ballot shallfrom informa the voter ofwho cis enot sa kfederal 23qualified theelector addressindicates tothat which the ballot was mailed alongballot withis theto phonebe edelivered ato nan baddress 24other numberthan ofan theaddress countylisted clerk'son office and the internetvoter's addresscertificate of uregistration, [ the votercounty webclerk portalshall providedprepare bya thenotice secretary of state.requested mailed ballot.

The .222281.1 - 50 - SFC/SB 6 notice of requested mailed ballot shall beinform sentthe tovoter of the address providedto onwhich the voter'sballot certificatewas ofmailed registrationalong onwith the samephone daynumber of the county clerkclerk's sendsoffice and the mailedinternet ballotaddress toof the addressvoter requestedweb portal provided by the voter.secretary of state.

H.The notice of requested mailed ballot shall be sent to the address provided on the voter's certificate of registration on the same day the county clerk sends the mailed ballot to the address requested by the voter.

Whenh anu application» forr aH. mailed ballot is rejected pursuant to this section, the county clerk shall send a notice of rejection to the mailing address on the voter's certificate of registration and the address listed on the voter's application for mailed ballot, if different.

TheWhen an application for a mailed ballot is t h g e rejected pursuant to this section, the county clerk shall send l i h r a notice of rejection shallto indicate the reasonmailing foraddress on the rejectionvoter's and,i ifs applicable,h information, one howh tocertificate satisfyof registration and the rejection.address listed on the t u g e b l voter's application for mailed ballot, if different.

IfThe ane applicatione is, rejectedgh becausen itd wasd noti timelynotice received,of therejection countyshall clerkindicate shall,the withinreason twenty-fourfor hoursthe ofrejection receipt= of= theo application,h sendl a] rejectionb notice,d toi thea voterº thatr shalland, includeif aapplicable, listinformation ofon thehow earlyto votingsatisfy locationsthe ande electionr day= pollingt placese inw thed county.rejection.

eIf tan 17application I.is rejected because it was not m a n o d m :

Theb countyr clerke shallt onlyº accepto applicationst wn l= .222281.1AIC February 4, 2022 (11:21am) s k m e - 51 - e a n e d 18r fore al mailedu ballot[ madeA throughd SFC/SB 6 timely received, the officialcounty webclerk portalshall, =within =twenty-four 19hours operatedof byreceipt of the secretaryapplication, ofsend statea orrejection submittednotice onto the officialvoter athat lshall iinclude a elist rof 20the paperearly formvoting sentlocations toand theelection voterday bypolling theplaces countyin clerk.the county.

IfI. a voter a t m m 21 submits more than one application for a mailed ballot d r e 22 containing the same information, subsequent applications c e s k 23 containing the same information shall not be processed." e a n b 24 SECTION 26.

SectionThe 1-6-5.7county NMSAclerk 1978shall (beingonly Lawsaccept 2005,applications ufor [a Chaptermailed 270,ballot Sectionmade 40,through asthe amended)official isweb amendedportal operated by the secretary of state or submitted on the official paper form sent to read:the voter by the county clerk.

.222281.1If -a 51voter -submits SFC/SBmore 6than "1-6-5.7.one application for a mailed ballot containing the same information, subsequent applications containing the same information shall not be processed." SECTION 26.

EARLYSection VOTING--USE1-6-5.7 OFNMSA ABSENTEE1978 VOTING(being PROCEDURES--COUNTYLaws CLERK'S2005, OFFICE--ALTERNATEChapter VOTING270, LOCATIONS.--Section A.40, as amended) is amended to read:

Commencing"1-6-5.7. on the twenty-eighth day preceding the election during the regular hours and days of business at the county clerk's office and [from 10:00 a.m.

toEARLY 6:00VOTING--USE p.m.]OF onABSENTEE theVOTING SaturdayPROCEDURES--COUNTY immediatelyCLERK'S priorOFFICE--ALTERNATE toVOTING theLOCATIONS.-- dateh ofA. the election, early voting shall be conducted in each office of the county clerk;

Commencing on the twenty-eighth day preceding g o the election during the regular hours and days of business at t hr g e i k the county clerk's office and [from 10:00 a.m.

to 6:00 p.m.

] on h r i s the Saturday immediately prior to the date of the election, h , t, early voting shall be conducted in each office of the county e u g e b l e e h clerk;

n d d i = = o h (1) when marking a ballot in person at the l ] b ,d i a º e county clerk's office, the voter shall provide the required r i = r t e w d m a n o voter identification to the county clerk or the clerk's authorizedd representative.m :

b e d s º o t n = .222281.1AIC February 4, 2022 (11:21am) s k m e - 52 - e a n e d r e l u [ A d SFC/SB 6 authorized representative.

If the voter provides the required voter identification, the voter, after subscribing an e t 17 application for an absentee ballot, shall be allowed to vote by w l n d 18 inserting the ballot into an optical scan tabulator certified = = 19 for in-person absentee voting at the county clerk's office.

a l i a e r 20 The county clerk or the clerk's authorized representative shall a t m m 21 make an appropriate designation indicating that the voter has d r e 22 voted.