SB 73 — PRIMARY ELECTION VOTING REQUIREMENTS

Sectionb 1-6-22.1r NMSAe 1978t (beingº Lawso 2009,t cn e= r.223512.2AIC cFebruary 2314, Chapter2023 251,(10:20am) Sections 1k andm Lawse 2009,- Chapter5 274,- Section 1, e a n be 24d asr amended)e l u [ A d own on a mailed ballot request form is amendedguilty toof read:a fourth degree felony." SECTION 3.

uSection [1-6-22.1 "1-6-22.1.NMSA 1978 (being Laws 2009, Chapter 251, Section 1 and Laws 2009, Chapter 274, Section 1, as amended) is amended to read:

MAIL"1-6-22.1. BALLOT ELECTION PRECINCT--ABSENTEE VOTING .223512.2 - 5 - IN LIEU OF POLLING PLACE.-- A.

MAIL BALLOT ELECTION PRECINCT--ABSENTEE VOTING IN LIEU OF POLLING PLACE.-- A.

h B.

If a precinct is designated a mail ballot u » r election precinct, in addition to the notice required pursuant t h g e l i to Section 1-3-8 NMSA 1978, the county clerk shall notify by h r i s mail with delivery confirmation all voters in that precinct at h , e h least forty-two days before an election that each voter will be t u g e b l e e , gh sent an absentee ballot twenty-eight days before the election en ed 17d i = = o h and that there will be no polling place for the precinct on el e] nb d,d 18i a º r election day.

The county clerk shall include in the notice a =e r = lt ]e 19w d m a n o card informing the voter that if the voter does not want to ad l r i 20 receive an absentee ballot for that election, the voter should t e a t return the card before the date the county clerk is scheduled m m: 21 e d r e 22 to mail out absentee ballots.

Theb noticer shalle alsot informº theo ct en r= c.223512.2AIC 23February voter14, that2023 a(10:20am) votings systemk equippedm fore persons- with6 - e a n be 24d disabilitiesr wille bel available at all early voting sites before u [ electionA dayd andreceive inan theabsentee officeballot offor thethat countyelection, clerkthe onvoter electionshould .223512.2return -the 6card -before daythe indate case the votercounty prefersclerk tois votescheduled into personmail andout notabsentee byballots. mail.

The notice shall also inform the voter that a voting system equipped for persons with disabilities will be available at all early voting sites before election day and in the office of the county clerk on election day in case the voter prefers to vote in person and not by mail.

For a primary election, the cardSJCºcard»SJC h SJCºnotice»SJC sent to voters who have not designated a party u » r affiliation on their certificates of registration, or who t h g e l i designated affiliation with a party other than a major h r i s political party on the voter's certificate of registration, h , e h shall requireSJCºrequire thatthat»SJC SJCºinform»SJC such voters t u g e b l e e , gh SJCºthat the voters may»SJC return the card and indicate which n d d i = = o h major political party's ballot theySJCºthey choosechoose»SJC SJCºthe l ] b ,d i a º r voter chooses»SJC for that primary election.election SJCºor log on to a e r = t e w d m a n o website hosted by the secretary of state to indicate which d m :

b r e t º o t n = .223512.2AIC February 14, 2023 (10:20am) s k m e 17- [C.]7 D.- e a n e d r e l u [ A d major political party's ballot the voter chooses for that primary election»SJC .

The[C.] countyD. clerk shall mail each voter in e e n d 18 the mail ballot election precinct an absentee ballot on the = = l ] 19 twenty-eighth day before an election, unless the voter has a l r i 20 requested otherwise or does not return the card required by t e a t Subsection C of this section indicating which party ballot the m m 21 e d r e 22 voter chooses for that election, along with a notice that there c e r c 23 will be no polling place in that precinct on election day.

eThe county clerk shall mail each voter in the mail ballot election precinct an absentee ballot on the twenty-eighth day before an election, unless the voter has requested otherwise or does not return the card required by Subsection C of this section indicating which party ballot the voter chooses for that election, along with a nnotice bthat 24there [D.]will E.be no polling place in that precinct on election day.

The[D.] countyE. clerk shall keep a sufficient u [ number of ballots from a mail ballot election precinct such .223512.2 - 7 - that a voter from that precinct may vote on a replacement or provisional paper ballot pursuant to Section 1-6-16 NMSA 1978 or on an emergency paper ballot pursuant to Section 1-6-16.2 NMSA 1978." SECTION 4.

The county clerk shall keep a sufficient number of ballots from a mail ballot election precinct such that a voter from that precinct may vote on a replacement or provisional paper ballot pursuant to Section 1-12-71-6-16 NMSA 1978 (beingor Lawson 1969,an Chapteremergency 240,paper Sectionballot 246,pursuant asto amended)Section is1-6-16.2 amendedNMSA to1978." read:SECTION 4.

"1-12-7.Section 1-12-7 NMSA 1978 (being Laws 1969, h Chapter 240, Section 246, as amended) is amended to read:

CONDUCTg OFo ELECTION--PERSONSt NOThr PERMITTED"1-12-7. TO VOTE--PERSONS PERMITTED TO VOTE UPON CHOOSING TO AFFILIATE WITH A PARTY.-- A.

ACONDUCT personOF shallELECTION--PERSONS notNOT votePERMITTED inTO ag primary,e generali ork statewideVOTE--PERSONS specialPERMITTED electionTO unlessVOTE [heUPON ]CHOOSING theTO personAFFILIATE isWITH ah voterr ofi thes countyA inPARTY.-- whichh [he, ]t, thee personu offersg toA. vote.

A validperson originalshall certificatenot ofvote registration in thea countyprimary, registergeneral isor primae facieb evidencel ofe beinge h statewide special election unless [he ] the person is a voter of n d d i = = o h the county in which [he ] the precinct.person offers to vote.

[B.A valid l ] b ,d i a º e original certificate of registration in the county register is r i = r t e w d m a n o prima facie evidence of being a voter in the precinct.

Ad personm whose: major party affiliation is not designated on his original certificate of registration shall e e 17 not vote in a primary election.

b e d s º o t n = .223512.2AIC February 14, 2023 (10:20am) s k m e - 8 - e a n e d 18r C.]e B.l u [ A d [B.

A person atwhose amajor primaryparty electionaffiliation shallis not be = = l ] 19 permitted to vote for the candidate of any party other than the a l r i 20 party designated on [hishis ]original thecertificate person'sof currentregistration certificateshall ofnot tvote ein a tprimary registration;election.

providedC.] thatB. a person who has declined to m m 21 e d r e 22 designate a political party affiliation on the person's c e r c 23 certificate of registration, or who designated affiliation with e a n b 24 a party other than a major political party on the voter's u [ certificate of registration, shall be permitted to choose to .223512.2 - 8 - affiliate with a major political party in a primary election by requesting a major political party's primary election ballot and shall be permitted to vote for the candidates on that party's ballot." SECTION 5.

SectionA 1-12-7.1person NMSAat 1978a (beingprimary Lawselection 1969,shall Chapternot 240,be Sectionpermitted 112,to asvote amended)for isthe amendedcandidate toof read:any party other than the party designated on [his ] the person's current certificate of registration;

"1-12-7.1.provided that a person who has declined to designate a political party affiliation on the person's certificate of registration, or who designated affiliation with a party other than a major political party on the voter's certificate of registration, shall be permitted to choose to affiliate with a major political party in a primary election by requesting a major political party's primary election ballot and shall be permitted to vote for the candidates on that party's ballot." SECTION 5.

VOTERSection LISTS--SIGNATURE1-12-7.1 ROSTERS--CHECKLISTNMSA OF1978 VOTERS--USE(being DURINGLaws ELECTION.--1969, A.h Chapter 240, Section 112, as amended) is amended to read:

Atu each» electionr day"1-12-7.1. polling location, other than a consolidated precinct where any voter in the county may vote, the precinct board shall post securely at or near the entrance of the polling place one copy of an alphabetical list of voters and a map of the precincts represented in that polling place for use of the voters prior to voting.

TheVOTER postedLISTS--SIGNATURE copyROSTERS--CHECKLIST shallOF nott containh ag listinge ofl voteri addresses,VOTERS--USE years,DURING monthsELECTION.-- orh daysr ofi births orA. social security numbers.

At each election day polling location, other h , e h than a consolidated precinct where any voter in the county may t u g e 17b B.l e e , gh vote, the precinct board shall post securely at or near the n d d i = = o h entrance of the polling place one copy of an alphabetical list l ] b ,d i a º r of voters and a map of the precincts represented in that e r = t e w d m a n o polling place for use of the voters prior to voting.

AtThe each polling location where physical rosters e e n d 18 are used, the presiding judge of the precinct board shall = = l ] 19 assign one judge or election clerk of the board to be in charge a l r i 20 of one copy of the checklist of voters, which shall be used to t e a t confirm the registration and voting of each person offering to m m: 21 e d r e 22 vote.

cb r e t º o t n = .223512.2AIC February 14, 2023 (10:20am) s k m e - 9 - e a n e d r ce 23l C.u [ A d posted copy shall not contain a listing of voter addresses, years, months or days of birth or social security numbers.

The presiding judge of the precinct board shall e a n b 24 assign one judge or election clerk to be in charge of the u [ signature roster.

.223512.2 - 9 - D.

The judge or election clerk assigned to confirm registration shall determine that each person offering to vote is registered and, in the case of a primary election, that the voter is either currently registered in a party designated on the primary election ballot or has declined to designate a party affiliation on the voter's certificate of registration, or who designated affiliation with a party other than a major political party on the voter's certificate of registration, and chooses to affiliate with a major political party for that primary election by requesting a ballot of a party designated on the primary election ballot.

If the person's registration is confirmed and the voter provides the required voter identification, the judge or election clerk shall announce to the judges or election clerks the list number and the name of the voter as shown on the checklist of voters.

If the voter does not provide the required voter identification, the voter e e 17 shall be allowed to vote on a provisional paper ballot and e e n d 18 shall provide the required voter identification to the county = = l ] 19 clerk's office before 5:00 p.m.

on the second day following the a l r i 20 election, or to the precinct board before the polls close, or t e a t the voter's provisional ballot shall not be qualified.

If the m m 21 e d r e 22 required voter identification is provided, the voter's c e r c 23 provisional paper ballot shall be qualified and the voter shall e a n b 24 not vote on any other type of ballot.

u [ E.

The judge or election clerk shall locate the .223512.2 - 10 - name on the signature roster and shall require the voter to sign the voter's usual signature or, if unable to write, to make the voter's mark opposite the voter's printed name.

If the voter makes the voter's mark, it shall be witnessed by one of the judges or election clerks of the precinct board.

F.

If the signature roster indicates that the voter is required to present a physical form of identification before voting, the judge or election clerk shall ask the voter for the required physical form of identification.

If the voter does not provide the required identification, the voter shall be allowed to vote on a provisional paper ballot;

provided, however, that if the voter brings the required physical form of identification to the polling place after casting a provisional paper ballot, that ballot shall be qualified.

G.

The judge or election clerk shall follow the procedures provided for in Sections 1-12-7.2 and 1-12-8 NMSA e e 17 1978 if a person whose name does not appear on the signature e e n d 18 roster requests to vote or a person is required to vote on a = = l ] 19 provisional paper ballot.

a l r i 20 H.

A voter shall not be permitted to vote until the t e a t voter has properly signed the voter's usual signature or made m m 21 e d r e 22 the voter's mark in the signature roster." c e r c 23 SECTION 6.

Section 1-12-7.2 NMSA 1978 (being Laws 1969, e a n b 24 Chapter 240, Section 114, as amended) is amended to read:

u [ "1-12-7.2.

VOTER WHOSE NAME IS NOT ON LIST OR ROSTER.-- .223512.2 - 11 - A.

A voter whose name does not appear on the voter list and signature roster for the precinct in which the voter offers to vote shall be permitted to vote in the precinct pursuant to the federal National Voter Registration Act of 1993 and Section 1-12-8 NMSA 1978.

TheAt judgeseach orpolling electionlocation clerkswhere inphysical chargerosters ofare used, the signaturepresiding rostersjudge shallof add the voter'sprecinct nameboard andshall addressassign inone inkjudge toor theelection signatureclerk rosterof on the lineboard immediatelyto followingbe thein lastcharge enteredof voter'sone name,copy andof the voterchecklist of voters, which shall be allowedused to signconfirm anthe affidavitregistration ofand eligibilityvoting andof casteach aperson provisionaloffering paperto ballot;vote.

provided that the voter has first signed or marked both the signature roster and checklist of registered voters.

The provisionalpresiding paperjudge ballotof tracking number for the voterprecinct board shall beassign enteredone onjudge theor affidavitelection ofclerk eligibility,to thebe signaturein rostercharge andof the checklistsignature ofroster. registered voters.

InThe ajudge primaryor election,election aclerk voterassigned shall not be e e 17 permitted to voteconfirm forregistration ashall candidatedetermine ofthat aeach partyperson differentoffering fromto thevote eis eregistered nand, din 18 party designation shown on the voter'scase certificate of =a =primary lelection, ]that 19the registrationvoter unlessis theeither voter'scurrently certificateregistered ofin registration a lparty rdesignated ion 20the showsprimary thatelection theballot voteror has declined to designate a h party t e a t affiliation oron that the votervoter's designatedcertificate affiliationof withregistration, au m» mr 21or ewho ddesignated raffiliation ewith 22a party other than a major politicalt partyh ong thee voter'sl ci epolitical rparty con 23the voter's certificate of registration, and theh voterr i s chooses to affiliate e a n b 24 with a major political party for that h , e h primary election by u [ requesting thea ballot of a party participatingdesignated int u g e b l e e , gh on the primary.primary election ballot.

.223512.2If -the 12person's -registration Uponn makingd thatd determination,i the= county= clerko shallh transmitis confirmed and the ballotvoter toprovides the countyrequired canvassingvoter boardl ] b ,d i a º r identification, the judge or election clerk shall announce to bee talliedr and= includedt ine w d m a n o the canvassjudges ofor thatelection countyclerks forthe list number and the appropriatename precinct."of SECTIONd 7.m :

Sectionb 1-12-20r NMSAe 1978t (beingº Lawso 1969,t Chaptern 240,= Section.223512.2AIC 273,February 14, 2023 (10:20am) s k m e - 10 - e a n e d r e l u [ A d the voter as amended)shown ison amendedthe tochecklist read:of voters.

"1-12-20.If the voter does not provide the required voter identification, the voter shall be allowed to vote on a provisional paper ballot and shall provide the required voter identification to the county clerk's office before 5:00 p.m.

CONDUCTon OFthe ELECTION--INTERPOSINGsecond CHALLENGES.--Aday challengefollowing maythe beelection, interposedor byto athe memberprecinct ofboard before the precinctpolls boardclose, or bythe avoter's partyprovisional challengerballot forshall thenot followingbe reasons:qualified.

A.If the required voter identification is provided, the voter's provisional paper ballot shall be qualified and the voter shall not vote on any other type of ballot.

theE. person offering to vote is not registered to vote;

B.The judge or election clerk shall locate the name on the signature roster and shall require the voter to sign the voter's usual signature or, if unable to write, to make the voter's mark opposite the voter's printed name.

If the personvoter offeringmakes tothe votevoter's ismark, listedit amongshall thosebe personswitnessed toby whomone anof absenteethe ballotjudges wasor mailed;election clerks of the precinct board.

C.h F.

If the personsignature offeringroster toindicates votethat hasthe alreadyvoter castu » r is required to present a ballotphysical inform thatof election;identification before t h g e l i voting, the judge or election clerk shall ask the voter for the h r i s required physical form of identification.

If the voter does h , e h not provide the required identification, the voter shall be t u g e b l e e , gh allowed to vote on a provisional paper ballot;

provided, n d d i = = o h however, that if the voter brings the required physical form of l ] b ,d i a º r identification to the polling place after casting a provisional e r = t e w d m a n o paper ballot, that ballot shall be qualified.

d m :

b r e t º o t n = .223512.2AIC February 14, 2023 (10:20am) s k m e - 11 - e a n e d r e l u [ A d G.

The judge or election clerk shall follow the procedures provided for in Sections 1-12-7.2 and 1-12-8 NMSA if a person whose name does not appear on the signature roster requests to vote or a person is required to vote on a provisional paper ballot.

H.

A voter shall not be permitted to vote until the voter has properly signed the voter's usual signature or made the voter's mark in the signature roster." SECTION 6.

Section 1-12-7.2 NMSA 1978 (being Laws 1969, Chapter 240, Section 114, as amended) is amended to read:

"1-12-7.2.

VOTER WHOSE NAME IS NOT ON LIST OR ROSTER.-- A.

A voter whose name does not appear on the voter list and signature roster for the precinct in which the voter offers to vote shall be permitted to vote in the precinct pursuant to the federal National Voter Registration Act of 1993 and Section 1-12-8 NMSA 1978.

h B.

The judges or election clerks in charge of the g o t hr signature rosters shall add the voter's name and address in ink g e i k to the signature roster on the line immediately following the h r i s last entered voter's name, and the voter shall be allowed to h , t, sign an affidavit of eligibility and cast a provisional paper e u g e b l e e h ballot;

provided that the voter has first signed or marked both n d d i = = o h the signature roster and checklist of registered voters.

l ] b ,d i a º e C.

The provisional paper ballot tracking number for r i = r t e w d m a n o the voter shall be entered on the affidavit of eligibility, the d m :

b e d s º o t n = .223512.2AIC February 14, 2023 (10:20am) s k m e - 12 - e a n e d r e l u [ A d signature roster and the checklist of registered voters.

theIn persona offeringprimary election, a voter shall not be permitted to vote isfor improperlya ecandidate eof 17a registeredparty becausedifferent from the personparty isdesignation notshown on the voter's certificate of registration unless the voter's certificate of registration shows that the voter has declined to designate a qualifiedparty elector;affiliation or that the voter designated affiliation with a party other than a major political party on the voter's certificate of registration, and the voter chooses to affiliate with a major political party for that primary election by requesting the ballot of a party participating in the primary.

orUpon emaking ethat ndetermination, dthe 18county E.clerk shall transmit the ballot to the county canvassing board to be tallied and included in the canvass of that county for the appropriate precinct." SECTION 7.

inSection the1-12-20 caseNMSA of1978 a(being primaryLaws election,1969, theh personChapter =240, =Section l273, ]as 19amended) desiring to vote is [not]amended currentlyto affiliatedread: with a political a l r i 20 party represented on the ballot but the person requests a t e a t ballot for a party with which the person is not affiliated." m m 21 e d r e 22 SECTION 8.

Sectionu 1-15A-2» NMSA 1978 (being Laws 1977, c e r c"1-12-20. 23 Chapter 230, Section 2, as amended) is amended to read:

CONDUCT OF ELECTION--INTERPOSING CHALLENGES.--A t h g e l i challenge may be interposed by a nmember bof 24the "1-15A-2.precinct board h r i s or by a party challenger for the following reasons:

VOTINGh IN, PRESIDENTIALe PRIMARY--DATEh OF u [ ELECTION.-- .223512.2 - 13 - A.

In the yearperson inoffering which the president and vice president of the United States are to bevote elected,is thenot registered voters of this state shall be given an opportunity to expresst theiru preferenceg fore theb personl toe bee the, partygh invote; either a presidential candidate of their political presidential primary election or in accordance with the selection procedure for presidential candidates of each voter's party.

Then presidentiald primaryd electioni shall= be= heldo onh theB. same date as the primary election is held in this state.

B.the person offering to vote is listed among l ] b ,d i a º r those persons to whom an absentee ballot was mailed;

Ae voterr may= votet ine aw presidentiald primarym electiona onn theo ballotC. of only one of the parties participating in the primary election in accordance with the provisions of Section 1-12-7 NMSA 1978." SECTION 9.

Sectionthe 1-15A-8person NMSAoffering 1978to (beingvote Lawshas 1977,already Chaptercast 230,a Sectiond 7,m as: amended) is amended to read:

b r e t º o t n = .223512.2AIC February 14, 2023 (10:20am) s k m e - 13 - e a n e d r e l u [ A d ballot in that election;

D.

the person offering to vote is improperly registered because the person is not a qualified elector;

or E.

in the case of a primary election, the person desiring to vote is [not] currently affiliated with a political party represented on the ballot but the person requests a ballot for a party with which the person is not affiliated." SECTION 8.

Section 1-15A-2 NMSA 1978 (being Laws 1977, Chapter 230, Section 2, as amended) is amended to read:

"1-15A-2.

VOTING IN PRESIDENTIAL PRIMARY--DATE OF ELECTION.-- A.

In the year in which the president and vice president of the United States are to be elected, the registered voters of this state shall be given an opportunity to express their preference for the person to be the presidential candidate of their political party in either a h presidential primary election or in accordance with the g o t hr selection procedure for presidential candidates of each voter's g e i k party.

The presidential primary election shall be held on the h r i s same date as the primary election is held in this state.

h , t, B.

A voter may vote in a presidential primary e u g e b l e e h election on the ballot of only one of the parties participating n d d i = = o h in the primary election in accordance with the provisions of l ] b ,d i a º e Section 1-12-7 NMSA 1978." r i = r t e w d m a n o SECTION 9.

Section 1-15A-8 NMSA 1978 (being Laws 1977, d m :

b e d s º o t n = .223512.2AIC February 14, 2023 (10:20am) s k m e - 14 - e a n e d r e l u [ A d Chapter 230, Section 7, as amended) is amended to read:

VOTING IN PRESIDENTIAL PRIMARY--BALLOT e e 17 POSITION.-- e e n d 18 A.

All candidates in the presidential primary = = l ] 19 election shall appear with the candidates for other offices of a l r i 20 their respective parties at an appropriate place on the ballot.

t e a t Candidates who are nominated by committee and by petition shall m m 21 e d r e 22 be placed first as a group on the presidential primary ballot c e r c 23 with each candidate's respective position in that group e a n b 24 determined by the provisions of [the Ballot Positioning Act ] u [ Section 1-10-8.1 NMSA 1978 .

The ballot position for the .223512.2 - 14 - uncommitted category shall be placed last on the presidential primary ballot.

The voter shall be able to cast [his ] a ballot for one of the presidential candidates of [his ] the party with which the voter is affiliated or, if the voter has declined to 6h designate a party affiliation on the voter's certificate of g o t hr registration or the voter designated affiliation with a party g e i k other than a major political party on the voter's certificate h r i s of registration, the party with which the voter chooses to h , t, affiliate in that election in accordance with the provisions of e u g e b l e e h Section 1-12-7 NMSA 1978 or for an uncommitted delegation.

A n d d i = = o h vote of the latter kind shall express the preference for an l ] b ,d i a º e uncommitted delegation from New Mexico to the national r i = r t e w d m a n o convention of [that voter's ] the party with which the voter is affiliatedd inm the: primary election." SECTION 10.

EFFECTIVEb DATE.--Thee effectived dates ofº theo t n = .223512.2AIC February 14, 2023 (10:20am) s k m e - 15 - e 17a provisionsn ofe thisd actr ise Julyl 1,u 2023.[ A d affiliated in the primary election." SECTION 10.

eEFFECTIVE eDATE.--The neffective ddate 18of -the 15provisions -of =this =act lis ]July 191, a2023. l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .223512.2

- 16 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .223512.2AIC February 14, 2023 (10:20am) s k em e e a n e d r e l u [ A d