HB 4 — VOTING RIGHTS PROTECTIONS

E.Section 1-4-5.6 NMSA 1978 (being Laws 1975, Chapter 255, Section 79, as amended) is amended to read:

As used in this section:

(1) "election campaign purposes" means [relating in any way to] use by a campaign in an election conducted by a federal, state or local government;

(2) "governmental purposes" means noncommercial purposes [relating in any way to] used by a government agency or organization to analyze the structure, operation or decision-making of a federal, state or local h government;

u » r t h (3) "mailing labels" means prepared mailing g e l i labels of selected voters arranged in the order in which h r i s requested and providing only the name and address of the voter;

h , e h t u g (4) "special voter list" means a prepared list e b l e e , gh of selected voters arranged in the order in which requested;

n d d i = = o h l ] b ,d and i a º r e r = (5) "voter data" means selected information t e w d m a n o d m :

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 5 - e a n e d r e l u [ A d derived from the voter file."»SRC SECTION SRCº4.»SRC SRCº3.»SRC Section 1-4-5.6 NMSA 1978 (being Laws 1975, Chapter 255, Section 79, as amended) is amended to read:

(1) the knowing and willful [use of such information for purposes prohibited by the Voter Records System Act] selling, loaning, providing access to or otherwise surrendering of voter data, mailing labels or special voter lists by a person for purposes prohibited by the Election Code;

or (2) causing voter data, mailing labels or special voter lists or any part of the voter data, mailing h label or special voter lists that identifies, or that could be u » r used to identify, a specific voter or the voter's name, mailing t h g e l i or residence address to be made publicly available on theHB h4/a rPage i3 sthe internet or through other means.

h , e h B.

Any person, organization or corporation or t u g e b l e e , gh agent, officer, representative or employee thereof who commits n d d i = = o h unlawful use of voter data, mailing labels or special voter l ] b ,d i a º r lists is guilty of a fourth degree felony and upon conviction e r = t e w d m a n o shall be fined one hundred dollars ($100) for each [andline everyof ]voter dinformation mthat :was unlawfully used.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 6 - e a n e d r e l u [ A d line of voter information that was unlawfully used.

Each [and every ] unlawful use of voter data, mailing labels or special voter lists constitutes a separate offense." SECTION SRCº4. 5.»SRC SRCº4.»SRC 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:

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:

[NEW MATERIAL] REGISTRATION AT VOTING LOCATION PRIOR TO VOTING.-- A.

Notwithstanding the provisions of Section 1-4-8 NMSA 1978 providing for the closing of registration prior to an election, a qualified elector seeking to register to vote or update an existing certificate of registration in the state shall be allowed to do so at a voting location immediately before voting in that election after signing an affidavit under h oath that the elector has not voted in the election in this u » r state or elsewhere and as further provided in this section.

t h g e l i B.

During a statewide election, a qualified elector h r i s may register to vote or update an existing certificateHB of4/a hPage ,4 ecertificate hof registration at the county clerk's office or any early or t u g e b l e e , gh election day voting location;

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

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 7 - e a n e d r e l u [ A d certificate of registration immediately before the qualified elector votes.

provided that the county clerk shall provide the voter with a ballot and balloting materials immediately after the qualified elector registers to vote or updates the existing certificate h of registration.

u » r E.

A qualified elector seeking to register to vote t h g e l i or update an existing certificate of registration pursuant to h r i s this section shall provide a physical form of identification hHB ,4/a ePage h5 that is issued by the federal government, a state government, a t u g e b l e e , gh federally recognized Indian nation, tribe or pueblo or an n d d i = = o h educational institution and that:

l ] b ,d i a º r (1) contains the name of the qualified e r = t e w d m a n o elector, which shall reasonably match the name provided on the dcertificate mof :registration;

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 8 - e a n e d r e l u [ A d certificate of registration;

or (b) be accompanied by an original or copy of a utility bill, bank statement, government check, paycheck or other document issued by an educational institution or government, including a document issued by a federally recognized Indian nation, tribe or pueblo, dated within the ninety days prior to the qualified elector registering to vote or updating an existing certificate of registration and that h contains the name of the qualified elector, which shall u » r reasonably match the name provided on the certificate of t h g e l i registration, and an address that matches the address provided h r i s for the certificate of registration.

hHB ,4/a ePage h6 F.

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

A provisional paper ballot dissued mpursuant :to this section shall be qualified and tabulated once the county clerk determines that the voter did not vote any other ballot in the same election and if no challenge is successfully interposed." SECTION 5.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 9 - e a n e d r e l u [ A d issued pursuant to this section shall be qualified and tabulated once the county clerk determines that the voter did not vote any other ballot in the same election and if no challenge is successfully interposed." SECTION SRCº 6.»SRC SRCº5.»SRC Section 1-4-24 NMSA 1978 (being Laws 1969, Chapter 240, Section 80, as amended) is amended to read:

[B.B.

a felony conviction of the voter;

C.] B.

or [D.C.

]at C.the direction of the board of registration." SECTION 6.

at the direction of the board of registration." SECTION SRCº 7.»SRC SRCº6.»SRC Section 1-4-27.1 NMSA h 1978 (being Laws 2001, Chapter 46, Section 1, as amended) is g o t hr amended to read:

g e i k "1-4-27.1.

[CANCELLATIONELIGIBILITY OF REGISTRATION FOLLOWING h r i s CONVICTION]--ELIGIBILITY [FOR VOTING UPON SATISFACTION OF h , t, CONDITIONS] TO VOTE AND REGISTER TO VOTE UPON RELEASE.-- eA. u g e b l e e h [A.

WhenA a voter hasis beenineligible convictedto ofvote awhile felonyimprisoned in na dcorrectional dfacility ias =part =of oa hsentence anyfor state or federal court, the voter's registration shall be l ] b ,d i a ºfelony econviction. canceled.

rExcept ias =provided rin tthis esection, wan dotherwise mqualified elector is ineligible to register to vote while HB 4/a Page 7 imprisoned in a ncorrectional ofacility B.as part of a sentence for a felony conviction.

A person convicted of a felony who is otherwise d m :

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 10 - e a n e d r e l u [ A d a qualified elector is eligible to register to vote when that person:

(1) has been unconditionally discharged from a correctional facility or detention center;

(2) has completed all conditions of parole or supervised probation;

or (3) has had the conviction overturned on appeal.

C.

The secretary of state shall each month maintain current in the statewide voter registration electronic management system the eligibility status of persons convicted of felonies to register to vote pursuant to this section.

D.

The corrections department, the New Mexico sentencing commission and the administrative office of the courts shall deliver to the secretary of state information and data as needed to carry out the provisions of this section.

h E.

The secretary of state shall request from the g o t hr United States attorney for the district of New Mexico, in g e i k conformance with 42 U.S.C.

Section 1973gg-6(g), information and h r i s data as needed to carry out the provisions of this section.] h , t, A.

A voter is ineligible to vote while imprisoned e u g e b l e e h in a correctional facility as part of a sentence for a felony n d d i = = o h conviction.

Except as provided in this section, an otherwise l ] b ,d i a º e qualified elector is ineligible to register to vote while r i = r t e w d m a n o imprisoned in a correctional facility as part of a sentence for d m :

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 11 - e a n e d r e l u [ A d a felony conviction.

The corrections department shall deliver to the secretary of state information and data necessary to carry out h the provisions of this section.

The secretary of state shall u » r maintain current information in the statewide voter t h g e l i registration electronic management system on the ineligibility h r i s status of an inmate to vote or register to vote pursuant to h , e h this section, as well as an inmate's eligibility status to vote t u g e b l e e , gh upon release and to register to vote or update an existing n d d i = = o h voter registration while preparing for release.

lHB ]4/a bPage ,d8 i a º r D.

Notwithstanding a person's status in the estatewide rvoter =registration telectronic emanagement wsystem, da mvoter or a nqualified oelector statewidewho voterappears registrationpersonally electronicbefore managementa system,county clerk, the clerk's authorized representative or a dprecinct mboard :member, at an office of the motor vehicle division of the taxation and revenue department or at a state agency that provides public assistance or services to persons with disabilities is presumed to meet the eligibility requirement of non-imprisonment for voting and registering to vote pursuant to the provisions of this section.

bE. r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 12 - e a n e d r e l u [ A d voter or a qualified elector who appears personally before a county clerk, the clerk's authorized representative or a precinct board member, at an office of the motor vehicle division of the taxation and revenue department or at a state agency that provides public assistance or services to persons with disabilities is presumed to meet the eligibility requirement of non-imprisonment for voting and registering to vote pursuant to the provisions of this section.

SRCº"»SRCFor SRCºE.the purposes of this section, "correctional facility" means a jail, prison or other detention facility that is used for the confinement of an adult, whether operated by the state or a political subdivision of the state or a private contractor on behalf of the state or a political subdivision of the state." SECTION 7.

For the purposes of this section, "correctional facility" means a jail, prison or other detention facility that is used for the confinement of an adult, whether operated by the state or a political subdivision of the state or a private contractor on behalf of the state or a political subdivision of the state."»SRC SECTION SRCº8.»SRC SRCº7.»SRC Section 1-4-47 NMSA 1978 (being Laws 1991, Chapter 80, Section 4, as amended) is h repealed and a new Section 1-4-47 NMSA 1978 is enacted to read:

u » r "1-4-47.

[NEW MATERIAL ] DRIVER'S LICENSE VOTER t h g e l i REGISTRATION--AUTOMATIC VOTER REGISTRATION AND UPDATES.-- h r i s A.

Unless a person is automatically registered to h , e h vote pursuant to the automatic voter registration provisions of t u g e b l e e , gh Subsections B through D of this section, when a person who is a n d d i = = o h qualified elector or qualified resident but not registeredHB to4/a lPage ]9 bregistered ,dto i a º r vote in the state conducts a transaction to apply for or renew ea rdriver's =license, tstate-issued eidentification wcard, dlearner's mpermit aor nprovisional olicense, athe driver'sperson license,shall state-issuedbe identificationoffered card,the learner'sopportunity dto msimultaneously :register to vote.

bA rperson eregistering tto ºvote opursuant tto nthis =subsection .223093.5AICshall Februarynot 1,be 2023required (9:22am)to sprovide ka msecond etime -any 13information -that eduplicates ainformation nrequired ein dthe rdriver's elicense, lstate-issued uidentification [card, Alearner's d permit or provisional license,license theportion personof shall be offered the opportunitytransaction. to simultaneously register to vote.

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

If the person is not already registered to vote based on an automated database h check, the person shall be registered to vote and shall be u » r informed that the person is being registered to vote and that t h g e l i the person will receive a notice from the county clerk h r i s providing additional information, including how to decline to h , e h be registered, and the person shall be offered the opportunity tto udesignate gaffiliation eHB b4/a lPage e10 e , gh to designate affiliation with a qualified political party n d d i = = o h during the in-person transaction.

Within seven days, the motor lvehicle ]division bof ,dthe itaxation aand ºrevenue rdepartment vehicleshall divisionelectronically transmit to the secretary of state an electronic record containing the taxationperson's andfull revenuename, departmentfull shallsocial esecurity rnumber, =date tof ebirth, wdriver's dlicense mor astate-issued nidentification ocard electronicallynumber, transmitresidence toaddress, themailing secretaryaddress if different from residence address, county of stateresidence, citizenship status, an electronic dimage mof :the person's signature, any affiliation with a qualified political party and any other available information requested by the secretary of state.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 14 - e a n e d r e l u [ A d record containing the person's full name, full social security number, date of birth, driver's license or state-issued identification card number, residence address, mailing address if different from residence address, county of residence, citizenship status, an electronic image of the person's signature, any affiliation with a qualified political party and any other available information requested by the secretary of state.

Upon receiving an electronic record pursuant to h Subsection C of this section, the county clerk shall send to u » r the person's mailing address, by nonforwardable mail, a notice t h g e l i that the person has been registered to vote.

The notice shall h r i s include a postage prepaid and pre-addressed return card by h , e h which the person may decline to be registered HB 4/a Page 11 to vote.

The t u g e b l e e , gh notice shall be prescribed by the secretary of state with n d d i = = o h conforming language depending on whether the person is a l ] b ,d i a º r qualified elector or a qualified resident, and may be combined e r = t e w d m a n o with a voter information document and shall include:

d(1) man :explanation of the voter eligibility requirements, a statement of the penalties for registering to vote when a person is not eligible and a statement that if the person is not eligible to vote that the person should decline to register by returning the card;

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 15 - e a n e d r e l u [ A d (1) an explanation of the voter eligibility requirements, a statement of the penalties for registering to vote when a person is not eligible and a statement that if the person is not eligible to vote that the person should decline to register by returning the card;

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

u » r (4) an opportunity for the person to designate t h g e l i affiliation with a qualified political party by returning the h r i s card;

and hHB ,4/a ePage h12 (5) an opportunity for the person to request a t u g e b l e e , gh mailed ballot for the next statewide election, on a form n d d i = = o h prescribed by the secretary of state, which shall serve as an l ] b ,d i a º r application for a mailed ballot pursuant to Section 1-6-4 NMSA e r = t e w d m a n o 1978.

dE. m :

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 16 - e a n e d r e l u [ A d E.

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

t h g e l i F.

If a person who is registered to vote in the hHB r4/a iPage s13 state conducts a transaction to apply for or renew, update, h , e h correct or replace the person's driver's license, state-issued t u g e b l e e , gh identification card, learner's permit or provisional license or n d d i = = o h files a notice of change of address and the information lprovided ]to bthe ,dmotor ivehicle division of the taxation and revenue department indicates a ºdifferent raddress providedor toname from the person's existing certificate of registration, the motor vehicle division of the taxation and erevenue rdepartment =shall telectronically etransmit wto dthe msecretary aof nstate oan revenueelectronic departmentrecord indicatescontaining athe differentperson's addressfull name, date of birth, driver's license or namestate-issued identification card number, residence address, mailing address if different from dresidence maddress, :county of residence, an electronic image of the person's signature and any other available information requested by the secretary of state.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 17 - e a n e d r e l u [ A d the person's existing certificate of registration, the motor vehicle division of the taxation and revenue department shall electronically transmit to the secretary of state an electronic record containing the person's full name, date of birth, driver's license or state-issued identification card number, residence address, mailing address if different from residence address, county of residence, an electronic image of the person's signature and any other available information requested by the secretary of state.

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

or u » r (2) a different county, the secretary of stateHB t4/a hPage g14 estate l i shall send the information to the county clerk of the county h r i s where the person's new address is located and the county clerk h , e h shall process the change of residence as a transferred t u g e b l e e , gh registration into the county.

n d d i = = o h G.

Immediately at the conclusion of each in-person l ] b ,d i a º r transaction to apply for or renew a driver's license or state-state-issued eidentification rcard, =a tperson eshall wreceive dwritten mnotification by the motor vehicle division of the taxation and revenue department informing the person if a nvoter oregistration issuedtransaction identificationwas card,processed and, if so, providing information regarding any voter registration transaction delivered to the secretary of state by the motor vehicle division as a personresult shallof receivethe writtenapplication dfor mor :renewal of a driver's license or state-issued identification card.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 18 - e a n e d r e l u [ A d notification by the motor vehicle division of the taxation and revenue department informing the person if a voter registration transaction was processed and, if so, providing information regarding any voter registration transaction delivered to the secretary of state by the motor vehicle division as a result of the application for or renewal of a driver's license or state- issued identification card.

Unless a person who is not a qualified elector or is ineligible to register to vote knowingly and willfully hHB 4/a Page 15 takes voluntary action to register to vote knowing that the u » r person is not a qualified elector or is ineligible to register t h g e l i to vote, the transfer of an electronic record or the failure of h r i s a person to decline voter registration pursuant to this section h , e h shall not be considered a violation of Section 1-20-3 NMSA t u g e b l e e , gh 1978.

n d d i = = o h J.

A person who is not a qualified elector or who l ] b ,d i a º r is ineligible to vote but who becomes registered to vote under ethis rsection =and tvotes eor wattempts dto mvote ain nan oelection thisheld sectionafter the effective date of the person's registration commits false voting under Section 1-20-8 NMSA 1978 only if the person knowingly and voteswillfully ortook attemptsvoluntary action to register to vote inwith anknowledge electionthat heldthe dperson mis :not a qualified elector or is ineligible to register or knowingly and willfully voted with knowledge that the person is not a qualified elector or is ineligible to vote.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 19 - e a n e d r e l u [ A d after the effective date of the person's registration commits false voting under Section 1-20-8 NMSA 1978 only if the person knowingly and willfully took voluntary action to register to vote with knowledge that the person is not a qualified elector or is ineligible to register or knowingly and willfully voted with knowledge that the person is not a qualified elector or is ineligible to vote.

(1) the number of electronic records transmitted to the secretary of state by the motor vehicle division of the taxation and revenue department pursuant to HB 4/a Page 16 this section;

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

t h g e l i (3) the number of voters whose information was h r i s updated because of the automatic voter registration system, h , e h reported by the type of information updated;

and t u g e b l e e , gh (4) the number of people who declined to be n d d i = = o h registered to vote through the automatic voter registration l ] b ,d i a º r system.

e r = t e w d m a n o L.

The secretary of state shall adopt rules and dcoordinate mas :necessary with the motor vehicle division of the taxation and revenue department and other state agencies and Indian nations, tribes and pueblos designated pursuant to Section 1-4-47.1 NMSA 1978." SECTION 8.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 20 - e a n e d r e l u [ A d coordinate as necessary with the motor vehicle division of the taxation and revenue department and other state agencies and Indian nations, tribes and pueblos designated pursuant to Section 1-4-47.1 NMSA 1978." SECTION SRCº 9.»SRC SRCº8.»SRC A new Section 1-4-47.1 NMSA 1978 is enacted to read:

[NEW MATERIAL] STATE AGENCY--INDIAN NATION, TRIBE OR PUEBLO--AUTOMATIC VOTER REGISTRATION REQUIREMENTS.-- A.

Upon a determination by the secretary of state that a state agency, including an agency that participates in the state-agency-based voter registration program pursuant to Section 1-4-48 NMSA 1978, collects sufficient information consistent with Section 1-4-47 NMSA 1978 to transmit electronic records for automatic voter registration in accordance with the provisions of that section, including HB 4/a Page 17 verification of United States citizenship by document or database verification for any h agency clients not already registered to vote, the secretary of u » r state shall enter into a memorandum of understanding with the t h g e l i agency requiring the agency to comply with the provisions of h r i s Section 1-4-47 NMSA 1978.

The secretary of state and county h , e h clerks shall process the electronic records according to the t u g e b l e e , gh provisions of Section 1-4-47 NMSA 1978, subject to any n d d i = = o h modifications necessary to comply with federal law.

l ] b ,d i a º r B.

An Indian nation, tribe or pueblo that collects esufficient rinformation =consistent twith eSection w1-4-47 dNMSA m1978 ato ntransmit oelectronic sufficientrecords informationfor consistentautomatic voter registration in accordance with Sectionthe 1-4-47provisions NSMAof 1978that dsection, mincluding :verification of United States citizenship by document or database verification for any persons not already registered to vote, may in its discretion transmit the records to the secretary of state.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 21 - e a n e d r e l u [ A d to transmit electronic records for automatic voter registration in accordance with the provisions of that section, including verification of United States citizenship by document or database verification for any persons not already registered to vote, may in its discretion transmit the records to the secretary of state.

If a state agency or an Indian nation, tribe or HB 4/a Page 18 pueblo is able to transmit electronic records that are complete for automatic voter registration except for an electronic signature image, the records shall be processed as complete h records for automatic voter registration.

The secretary of u » r state shall adopt rules to obtain a signature from the t h g e l i qualified elector or qualified resident, including through a h r i s mailing requesting a signature, uploading a signature through h , e h an electronic system, providing a signature on a mailed ballot t u g e b l e e , gh envelope or providing a signature at an early voting location n d d i = = o h or polling place." l ] b ,d i a º r SECTION SRCº9. 10.»SRC SRCº9.»SRC Section 1-4-48 NMSA 1978 e r = t e w d m a n o (being Laws 1995, Chapter 198, Section 13, as amended) is d m :

bSection r1-4-48 eNMSA t1978 º(being oLaws t1995, nChapter =198, .223093.5AICSection February13, 1,as 2023amended) (9:22am)is s k m e - 22 - e a n e d r e l u [ A d amended to read:

STATE-AGENCY-BASED VOTER REGISTRATION PROGRAM--PROGRAM--ESTABLISHED--HUMAN ESTABLISHED--HUMAN SERVICES DEPARTMENT.-- A.

The secretary of state may [withHB the4/a agreementPage of19 those offices] designate other state and local public offices to provide voter registration services with the h agreement of those offices.

g o t hr C.

Each state agency participating in the voter g e i k registration program shall maintain sufficient records for the h r i s secretary of state to comply with federal voter registration h , t, reporting requirements and the federal Help America Vote Act of e u g e b l e e h 2002.

Any records maintained by a state agency regarding voter n d d i = = o h registration activities in that agency are confidential and l ] b ,d i a º e shall not be released as public records.

r i = r t e w d m a n o D.

Any voter registration made or accepted at a dstate magency :pursuant to this section shall be transmitted to the appropriate registration officer within ten calendar days.

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 23 - e a n e d r e l u [ A d state agency pursuant to this section shall be transmitted to the appropriate registration officer within ten calendar days.

The human services department shall develop procedures to be approved by the secretary of state to ensure that each benefit program administered by the department HB 4/a Page 20 appropriately ensures that qualified electors receiving benefits are offered the opportunity to register to vote or update an existing certificate of registration without h duplication of information contained by the department or by u » r the secretary of state.

No later than the last day of August t h g e l i of each calendar year, the human services department shall h r i s issue an annual report detailing implementation of the h , e h requirements of this subsection.

The report shall be sent to t u g e b l e e , gh the legislative council service, the secretary of state and n d d i = = o h each county clerk.

l ] b ,d i a º r G.

If a person who is not a qualified elector ebecomes rregistered =to tvote epursuant wto dthis msection, athe nperson's oregistration becomesshall registeredbe tocanceled voteand pursuantthe toperson thisshall section,be thedeemed dto mhave :never registered." SECTION 10.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 24 - e a n e d r e l u [ A d person's registration shall be canceled and the person shall be deemed to have never registered." SECTION SRCº 11.»SRC SRCº10.»SRC A new section of the Absent Voter Act is enacted to read:

"[NEW"VOLUNTARY MATERIAL] VOLUNTARY PERMANENT ABSENTEE VOTER LIST--LIST--PROCEDURES.-- PROCEDURES.-- A.

A voter, except a federal qualified elector who is subject to the provisions of the Uniform Military and Overseas Voters Act or the Intimate Partner Violence Survivor Suffrage Act, may apply to be added to the voluntary permanent absentee voter list for the county in which the voter is registered by completing a paper or online application that conforms to the mailed ballot application requirements of Section 1-6-4 NMSA 1978, except that the HB 4/a Page 21 voluntary permanent absentee voter application shall provide an additional checkbox for the voter to affirm that reads:

h "[ ] I am requesting to be added to the voluntary u » r permanent absentee voter list in my county.

This means that t h g e l i the county clerk shall automatically send a mailed ballot to h r i s the mailing address listed on my certificate of voter h , e h registration each time there is a statewide election that t u g e b l e e , gh includes my precinct.".

n d d i = = o h B.

Upon receipt of an application from a voter l ] b ,d i a º r requesting to be added to the voluntary permanent absentee evoter rlist, =the tcounty eclerk wshall dprocess mthe application in the same manner as an application for a nmailed oballot, voterexcept list,that the county clerk shall processnot theaccept an application into dbe madded :to the voluntary permanent absentee voter list if the voter's mailing address on the certificate of registration is outside of New Mexico.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 25 - e a n e d r e l u [ A d the same manner as an application for a mailed ballot, except that the county clerk shall not accept an application to be added to the voluntary permanent absentee voter list if the voter's mailing address on the certificate of registration is outside of New Mexico.

A voter whose name appears on the voluntary permanent absentee voter list shall remain on the list, except as provided in Subsection F of this section, and shall HB 4/a Page 22 be sent a mailed ballot by the county clerk for each statewide election conducted that includes the precinct in which the voter is h eligible to vote.

The mailed ballot shall be sent in the first u » r batch of mailed ballots delivered to voters in that election.

t h g e l i E.

At least forty-nine days before each statewide h r i s election, the county clerk shall send to each voter on the h , e h voluntary permanent absentee voter list a notice reminding the t u g e b l e e , gh voter that the voter will be receiving a mailed ballot for that n d d i = = o h election.

The notice shall also inform the voter of how to l ] b ,d i a º r remove the voter's name from the voluntary permanent absentee e r = t e w d m a n o voter list if the voter would like to do so.

The notice shall dbe msent :using non-forwardable mail with return postage prepaid.

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 26 - e a n e d r e l u [ A d be sent using non-forwardable mail with return postage prepaid.

(3) the voter's certificate of registration is canceled pursuant to the provisions of Chapter 1, Article HB 4/a Page 23 4 NMSA 1978;

(4) the voter updates the voter's certificate of registration indicating an address that is outside of the county for which the voter is listed on the voluntary permanent h absentee voter list;

or g o t hr (5) the voter submits a written request to the g e i k county clerk requesting to be removed from the voluntary h r i s permanent absentee voter list.

h , t, G.

A county clerk shall take the necessary steps to e u g e b l e e h attempt to contact and notify a voter who is removed from the n d d i = = o h voluntary permanent absentee voter list.

If a voter is removed l ] b ,d i a º e from the voluntary permanent absentee voter list, the voter r i = r t e w d m a n o shall only be added again if the voter submits a new voluntary dpermanent mabsentee :voter application.

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 27 - e a n e d r e l u [ A d permanent absentee voter application.

A county clerk shall maintain the voluntary permanent absentee voter list for the county and shall make the voluntary permanent absentee voter list available on request pursuant to the provisions of Section 1-4-5.5 NMSA 1978." SECTION SRCº11. 12.»SRC SRCº11.»SRC A new Section 1-11-12.2 NMSA 1978 is enacted to read:

A new Section 1-11-12.2 NMSA 1978 is enacted to read:

[NEW MATERIAL] MONITORED SECURED CONTAINERS--CONTAINERS--DISTRIBUTION DISTRIBUTION TO COUNTIES.-- A.

Each county shall have at least two monitored secured containerscontainers; SRCº ;

provided that, in consideration of HB 4/a Page 24 geographic or security constraints existent in a county, a county clerk may request from the secretary of state a waiver from this requirement»SRCrequirement. .

h B.

In addition to the monitored secured containers g o t hr provided pursuant to Subsection A of this section, a political g e i k subdivision of the state, including a municipality, school h r i s district or community college, may make a written request to h , t, e u g the county clerk for one or more monitored secured containers e b l e e h on or near the boundaries of the political subdivision.

A n d d i = = o h county clerk who receives a written request for monitored l ] b ,d i a º e secured containers from a political subdivision shall evaluate rthe ipopulation =in rand tnear ethe warea dof mthe arequest, nthe odistance voters have to travel to get to the populationnearest inmonitored andsecured nearcontainer and the areanumber of themonitored request,secured containers and early voting locations on or near the darea mof :the request.

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 28 - e a n e d r e l u [ A d distance voters have to travel to get to the nearest monitored secured container and the number of monitored secured containers and early voting locations on or near the area of the request.

A political subdivision whose written request to a county clerk for monitored secured containers is denied HB 4/a Page 25 may appeal that decision by submitting the written request along with the denial letter from the county clerk to the secretary of state, along with any response to the denial letter from the requesting political subdivision.

The secretary of state may place a monitored secured container on or near an area that is h the subject of the request in response to an appeal submitted u » r pursuant to this subsection.

t h g e l i D.

A monitored secured container located on or near h r i s the boundaries of a political subdivision shall comply with all h , e h requirements for monitored secured containers provided in the t u g e b l e e , gh Election Code.

If a monitored secured container is provided n d d i = = o h pursuant to this section, the requesting political subdivision l ] b ,d i a º r shall provide the facility and services necessary for the e r = t e w d m a n o monitored secured container." dSECTION m12. :

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 29 - e a n e d r e l u [ A d SECTION SRCº13.»SRC SRCº12.»SRC A new Section 1-21A-1 NMSA 1978 is enacted to read:

[NEW MATERIAL] SHORT TITLE.--Chapter 1, Article 21A NMSA 1978 may be cited as the "Native American Voting Rights Act"." SECTION SRCº13. 14.»SRC SRCº13.»SRC A new Section 1-21A-2 NMSA 1978 is enacted to read:

A new Section 1-21A-2 NMSA 1978 is enacted to read:

[NEW MATERIAL] DEFINITIONS.--As used in the Native American Voting Rights Act:

HB 4/a Page 26 B.

Hfl1ºand and»Hfl1D. h Hfl1ºD.

"tribal"written absenteerequest" ballot assistant" means a grequest osent tin hrwriting personby designatedthe aspresident, agovernor tribalor votegoverning coordinatorbody of an Indian nation, tribe or communitypueblo, gincluding ea irequest ksent healthby representativea person designated by the president, governor or governing body of an Indian nation, tribe or pueblo orto hsubmit rwritten irequests spursuant byto the federalNative IndianAmerican healthVoting service;Rights Act;

and»Hfl1provided hthat ,the t,designation ehas ubeen gcommunicated Hfl1ºE.»Hfl1 Hfl1ºD.»Hfl1 "written request" means e b l e e h a request sent in writing byto the president,secretary governor or n d d i = = o h governing body of anstate Indianand nation,county tribeclerk or pueblo, including l ] b ,d i a º e r i = r a request sent by a person designated by the president, t e w d m a n o governor or governing body of anthe Indian nation, tribe or pueblopueblo." dSECTION m14. :

bA enew dSection s1-21A-3 ºNMSA o1978 tis nenacted = .223093.5AIC February 1, 2023 (9:22am) s k m e - 30 - e a n e d r e l u [ A d to submitread: written requests pursuant to the Native American Voting Rights Act;

provided that the designation has been communicated in writing to the secretary of state and county clerk by the president, governor or governing body of the Indian nation, tribe or pueblo." SECTION SRCº 15.»SRC SRCº14.»SRC A new Section 1-21A-3 NMSA 1978 is enacted to read:

[NEW MATERIAL] PRECINCT BOUNDARIES.-- A.

HB 4/a Page 27 B.

The board of county commissioners shall adjust h precinct boundaries to correspond to the internal and external g o t hr political boundaries that each Indian nation, tribe or pueblo g e i k in the county has provided to the United States census bureau.

h r i s C.

The secretary of state shall reject any precinct h , t, boundary maps that do not comply with the provisions of this e u g e b l e e h section." n d d i = = o h SECTION SRCº15. 16.»SRC SRCº15.»SRC A new Section 1-21A-4 l ] b ,d i a º e NMSA 1978 is enacted to read:

rA inew =Section r1-21A-4 tNMSA e1978 wis denacted mto aread: n o "1-21A-4.

[NEW"1-21A-4. MATERIAL ] REQUESTS FOR POLLING PLACES AND d m :

bREQUESTS eFOR dPOLLING sPLACES ºAND o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 31 - e a n e d r e l u [ A d MONITORED SECURED CONTAINERS.-- A.

HB 4/a Page 28 D.

A written request for early voting locations for the general election in that year by an Indian nation, tribe or h pueblo that has not already done so shall be made between the u » r first business day in January and the day the secretary of t h g e l i state issues the proclamation for the general election.

h r i s E.

A written request for monitored secured h , e h containers for future statewide elections may be made by July t u g e b l e e , gh 15, 2023 for the 2023 regular local election and between the n d d i = = o h second Tuesday in March and the second Tuesday in April of any l ] b ,d i a º r year for all subsequent elections." e r = t e w d m a n o SECTION SRCº16. 17.»SRC SRCº16.»SRC A new Section 1-21A-5 d m :

bA rnew eSection t1-21A-5 º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 32 - e a n e d r e l u [ A d NMSA 1978 is enacted to read:

[NEW MATERIAL ] ELECTION DAY POLLING PLACES--PLACES--REQUIREMENTS.-- REQUIREMENTS.-- A.

(1) any voter of the county shall have access to and be permitted to vote at the election day HB 4/a Page 29 polling place;

h (3) the county clerk provides federally g o t hr mandated language translators at the election day polling g e i k places;

and h r i s (4) if the election day polling place is h , t, located on Indian nation, tribal or pueblo land, the Indian e u g e b l e e h nation, tribe or pueblo provides the facility and services for n d d i = = o h the election day polling place.

l ] b ,d i a º e B.

In considering the written request, the county rclerk ishall =evaluate rthe tdistance evoters whave dto mtravel ato nget oto clerkthe shallnearest evaluateelection day polling place and the distancenumber votersof havemonitored tosecured travelcontainers toand getearly dvoting mlocations :on or near the Indian nation, tribal or pueblo lands.

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 33 - e a n e d r e l u [ A d to the nearest election day polling place and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo lands.

Once the election day polling place resolution is adopted, an election day polling place located on Indian nation, tribal or pueblo lands shall not be eliminated or HB 4/a Page 30 consolidated with other election day polling places in that election cycle without the written agreement of the Indian nation, tribe or pueblo on whose lands the election day polling place is located." SECTION SRCº17. 18.»SRC SRCº17.»SRC A new Section 1-21A-6 h NMSA 1978 is enacted to read:

gA onew tSection hr1-21A-6 "1-21A-6.NMSA 1978 is enacted to read:

[NEW"1-21A-6. MATERIAL ] EARLY VOTING LOCATIONS-- g e i k REQUIREMENTS.-- h r i s A.

AEARLY countyVOTING clerkLOCATIONS--REQUIREMENTS.-- whoA. has received a written h , t, request from an Indian nation, tribe or pueblo for one or more e u g e b l e e h early voting locations shall provide at least one alternate n d d i = = o h voting or mobile alternate voting location on or near the l ] b ,d i a º e Indian nation, tribal or pueblo land;

A county clerk who has received a written request from an Indian nation, tribe or pueblo for one or more early voting locations shall provide at least one alternate voting or mobile alternate voting location on or near the Indian nation, tribal or pueblo land;

r i = r t e w d m a n o (1) any voter of the county shall have access dto mand :be permitted to vote at the early voting location;

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 34 - e a n e d r e l u [ A d to and be permitted to vote at the early voting location;

and (5) the early voting location may operate HB 4/a Page 31 for less than the full early voting period, to be decided upon between the Indian nation, tribe or pueblo and the county clerk.

When responding to a written request, the county clerk shall evaluate the population on the Indian nation, h tribal or pueblo land, the distance voters have to travel and g o t hr the number of monitored secured containers and early voting g e i k locations on or near the Indian nation, tribal or pueblo land." h r i s SECTION SRCº18. 19.»SRC SRCº18.»SRC A new Section 1-21A-7 h , t, NMSA 1978 is enacted to read:

eA unew gSection e1-21A-7 bNMSA l1978 eis eenacted hto "1-21A-7.read:

[NEW"1-21A-7. MATERIAL] MONITORED SECURED CONTAINERS-- n d d i = = o h REQUIREMENTS.-- l ] b ,d i a º e A.

AMONITORED countySECURED clerkCONTAINERS--REQUIREMENTS.-- whoA. has received a written r i = r t e w d m a n o request from an Indian nation, tribe or pueblo for one or more d m :

bA ecounty dclerk swho ºhas oreceived ta nwritten =request .223093.5AICfrom Februaryan 1,Indian 2023nation, (9:22am)tribe sor kpueblo mfor eone -or 35more - e a n e d r e l u [ A d monitored secured containers on or near Indian nation, tribal or pueblo land shall evaluate the population on the Indian nation, tribal or pueblo land, the distance voters have to travel and the number of monitored secured containers and early voting locations on or near the Indian nation, tribal or pueblo land.

An Indian nation, tribe or pueblo whose written HB 4/a Page 32 request to a county clerk for monitored secured containers is denied may appeal that decision by submitting the written request along with the denial letter from the county clerk to the secretary of state, along with any response to the denial letter from the Indian nation, tribe or pueblo.

The secretary of state may place a monitored secured container on or near h Indian nation, tribal or pueblo land in response to an appeal u » r submitted by an Indian nation, tribe or pueblo.

t h g e l i C.

A monitored secured container located on or near h r i s Indian nation, tribal or pueblo land shall comply with all h , e h requirements for monitored secured containers provided in the t u g e b l e e , gh Election Code.

If a monitored secured container is located on n d d i = = o h Indian nation, tribal or pueblo land, the Indian nation, tribe l ] b ,d i a º r or pueblo shall provide the facility and services necessary for e r = t e w d m a n o the monitored secured container." dSECTION m19. :

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 36 - e a n e d r e l u [ A d SECTION SRCº20.»SRC SRCº19.»SRC A new Section 1-21A-8 NMSA 1978 is enacted to read:

[NEW MATERIAL] USE OF GOVERNMENTAL AND OFFICIAL BUILDINGS AS MAILING ADDRESSES ON VOTER REGISTRATION CERTIFICATES AND MAILED BALLOT APPLICATIONS.-- A.

The list shall include the common name for each building and the HB 4/a Page 33 mailing address for the building.

If a county clerk receives a voter registration certificate or an application for a mailed ballot that lists a government or official building on Indian nation, tribal or h pueblo land by name only, the county clerk shall not reject the g o t hr certificate or application for lack of a mailing address and, g e i k if the certificate or application is otherwise in the proper h r i s form, shall mail the ballot and balloting materials to the h , t, voter using the address for the government or official e u g e b l e e h building." n d d i = = o h SECTION SRCº20. 21.»SRC SRCº20.»SRC A new Section 1-21A-9 l ] b ,d i a º e NMSA 1978 is enacted to read:

rA inew =Section r1-21A-9 tNMSA e1978 wis denacted mto aread: n o "1-21A-9.

[NEW"1-21A-9. MATERIAL ] EMERGENCY SITUATIONS.--If the d m :

bEMERGENCY eSITUATIONS.--If dthe s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 37 - e a n e d r e l u [ A d president, governor or governing body of an Indian nation, tribe or pueblo has declared a state of emergency or has invoked emergency powers pursuant to other laws:

no later than ninety-eight days before a statewide election by means of a written request or no later HB 4/a Page 34 than forty-nine days before a statewide election with a court order, the county clerk shall provide to an Indian nation, tribe or pueblo that has not previously requested for that election cycle at least one alternate voting or mobile alternate voting location for that election;

provided that the alternate voting or mobile alternate voting location shall h otherwise comply with the requirements of Section 1-21A-6 NMSA u » r 1978;

t h g e l i C.

no later than eighty-four days before a h r i s statewide election by means of a written request or no later h , e h than thirty-five days before a statewide election with a court t u g e b l e e , gh order, the county clerk shall provide an election day polling n d d i = = o h place to an Indian nation, tribe or pueblo that does not l ] b ,d i a º r already have an election day polling place within its e r = t e w d m a n o boundaries if voters registered within the Indian nation, tribe d m :

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 38 - e a n e d r e l u [ A d or pueblo are unable to leave the Indian nation, tribe or pueblo during the time when voting occurs for a statewide election;

and D.

the requirement that a polling place be available to all voters in the county shall be waived if an Indian nation, tribe or pueblo is inaccessible or the borders are closed." Hfl1º SECTION 22.

A new Section 1-21A-10 NMSA 1978 is enacted to read:

"1-21A-10.

[NEW MATERIAL] TRIBAL ABSENTEE BALLOT ASSISTANTS.-- A.

An Indian nation, tribe or pueblo may in a statewide or special election appoint up to five tribal absentee ballot assistants within the Indian nation's, tribe's or pueblo's boundaries if the Indian nation, tribe or pueblo provides a written notice to the secretary of state at least h three days prior to the individual serving as a tribal absentee u » r ballot assistant and specifies the names of the qualified t h g e l i appointees.

The secretary of state shall notify the county h r i s clerk of the qualified appointees at the time of appointment.

h , e h t u g The secretary of state may approve a request by an Indian e b l e e , gh nation, tribe or pueblo for additional tribal absentee ballot n d d i = = o h assistants.

l ] b ,d i a º r e r = B.

Beginning ten days before election day, a tribal t e w d m a n o absentee ballot assistant may collect and transport voted d m :

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 39 - e a n e d r e l u [ A d ballots directly from qualified electors who are members of the Indian nation, tribe or pueblo that the tribal absentee ballot assistant has been appointed to;

provided that the tribal members shall reside within the boundaries of the Indian nation, tribe or pueblo.

Eachno votedlater ballotthan shalleighty-four bedays deliveredbefore toa statewide election by means of a written request or no later than thirty-five days before a statewide election with a court order, the county clerk inshall theprovide countyan whereelection theday qualifiedpolling electorplace residesto an Indian nation, tribe or pueblo that does not already have an election day polling place within forty-eightits hoursboundaries ofif beingvoters collected,registered within the Indian nation, tribe or bypueblo 7:00are p.m.unable to leave the Indian nation, tribe or pueblo during the time when voting occurs for a statewide election;

onand theD. day of the election, whichever time is shorter.

D.the requirement that a polling place be available to all voters in the county shall be waived if an Indian nation, tribe or pueblo is inaccessible or the borders are closed." SECTION 21.

A tribalnew absenteeSection ballot1-21A-11 assistantNMSA engaged1978 inis theenacted activityto ofread: collecting and transporting voted ballots shall:

(1)"1-21A-11. wear a button or other identification easily visible to the voter that identifies the tribal absentee ballot assistant as a tribal absentee ballot assistant;

(2)EXPENSES.-- showHB government-issued4/a identificationPage upon35 hA. request of the voter;

uAll »necessary rand treasonable hexpenses (3)incurred provideby a receiptcounty toclerk eachfor votercompliance fromwith whomthe gNative eAmerican lVoting iRights aAct, votedincluding ballotthe wascosts collected.of voting equipment and personnel for polling places and monitored secured containers on Indian nation, tribal or pueblo land, shall be paid for by the secretary of state or shall be reimbursed to the county by the secretary of state.

The receipt shall, at minimum, h r i s include:

h , e h t u g (a) the name, address and phone number e b l e e , gh of the person collecting the ballot;

n d d i = = o h l ] b ,d (b) the date and time that the ballot i a º r e r = was collected;

and t e w d m a n o d m :

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 40 - e a n e d r e l u [ A d (c) the tribal absentee ballot assistant's signature;

and (4) maintain a log of all voted ballots collected that includes:

(a) the name and address of the voter;

(b) the date and time that the ballot was collected;

and (c) the voter's signature authorizing the collection and transportation of the voted ballot.

E.

The collection log required by Subsection D of this section shall be maintained during the voting period, made available to the county clerk when voted ballots are delivered to the clerk and submitted to the county clerk for storage no later than the day following each election.

The collection log shall be retained by the county clerk as a record requisite to voting pursuant to the provisions of Section 1-12-69 NMSA h g 1979."»Hfl1 o t hr SECTION Hfl1º23.»Hfl1 SRCºHfl1º22.»Hfl1»SRC g e i k SRCº21.»SRC A new Section 1-21A-11 NMSA 1978 is enacted to h r i s h read:

, t, e u g "1-21A-11.

[NEW MATERIAL ] EXPENSES.-- e b l e e h A.

All necessary and reasonable expenses incurred n d d i = = o h l ] b ,d by a county clerk for compliance with the Native American i a º e r i = r Voting Rights Act, including the costs of voting equipment and t e w d m a n o personnel for polling places and monitored secured containers d m :

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 41 - e a n e d r e l u [ A d on Indian nation, tribal or pueblo land, shall be paid for by the secretary of state or shall be reimbursed to the county by the secretary of state.

The secretary of state shall distribute from the election fund sufficient funds to each county for the costs related to compliance with the Native American Voting Rights Act, either as grants or reimbursement." SECTION Hfl1º22. 24.»Hfl1 SRCºHfl1º23.»Hfl1»SRC SRCº22.»SRC Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended by Laws 2011, Chapter 35, Section 1 and by Laws 2011, Chapter 154, Section 1) is amended to read:

Section 22-2-8.1 NMSA 1978 (being Laws 1986, Chapter 33, Section 2, as amended by Laws 2011, Chapter 35, Section 1 and by Laws 2011, Chapter 154, Section 1) is amended to read:

SCHOOL YEAR--LENGTH OF SCHOOL DAY--MINIMUM.--DAY-- MINIMUM.-- A.

h (1) kindergarten, for half-day programs, two g o t hr and one-half hours per day or four hundred fifty hours per year g e i k or, for full-day programs, five and one-half hours per day or h r i s nine hundred ninety hours per year;

h , t, (2) grades one through six, five and one-halfone- eHB u4/a gPage e36 bhalf l e e h hours per day or nine hundred ninety hours per year;

and n d d i = = o h (3) grades seven through twelve, six hours per l ] b ,d i a º e day or one thousand eighty hours per year.

r i = r t e w d m a n o B.

Up to thirty-three hours of the full-day dkindergarten mprogram :may be used for home visits by the teacher or for parent-teacher conferences.

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 42 - e a n e d r e l u [ A d kindergarten program may be used for home visits by the teacher or for parent-teacher conferences.

The secretary may waive the minimum length of school days in those school districts where such minimums would create undue hardships as defined by the department as long as the school year is adjusted to ensure that students in those school districts receive the same total instructional time as h other students in the state.

u » r E.

Notwithstanding any other provision of this t h g e l i section, provided that instruction occurs simultaneously, time h r i s when breakfast is served or consumed pursuant to a state or h , e h federal program shall be deemed to be time in a school-directedschool- tHB u4/a gPage e37 bdirected l e e , gh program and is part of the instructional day.

n d d i = = o h F.

Every general election and regular local l ] b ,d i a º r election shall be a school holiday for students and staff at e r = t e w d m a n o each public school in this state." dSECTION m23. :

b r e t º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 43 - e a n e d r e l u [ A d SECTION Hfl1º25.»Hfl1 SRCºHfl1º24.»Hfl1»SRC SRCº23.»SRC Section 31-13-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 29-14, as amended) is amended to read:

FELONY CONVICTION--RESTORATION OF [CITIZENSHIP] RIGHT TO HOLD OFFICE OF PUBLIC TRUSTTRUST.--A .--person [A.who has been convicted of a felony shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district, unless the person has presented the governor with a certificate verifying the completion of the sentence and was granted a pardon or a certificate by the governor restoring the person's full rights of citizenship." SECTION 24.

AREPEAL.-- personA. who has been convicted of a felony shall not be permitted to vote in any statewide, county, municipal or district election held pursuant to the provisions of the Election Code, unless the person:

(1)Sections has1-3-7.2 completedand the1-6-5.8 termsNMSA of1978 a(being suspendedLaws or2021, deferredChapter sentence107, imposedSection by1 aand court;Laws 2009, Chapter 251, Section 2, as amended) are repealed effective July 1, 2023.

(2) was unconditionally discharged from a correctional facility under the jurisdiction of the corrections department or was conditionally discharged from a correctional facility under the jurisdiction of the corrections department and has completed all conditions of probation or parole;

h (3) was unconditionally discharged from a g o t hr correctional facility under the jurisdiction of a federal g e i k corrections agency or was conditionally discharged from a h r i s correctional facility under the jurisdiction of a federal h , t, corrections agency and has completed all conditions of e u g e b l e e h probation or parole;

or n d d i = = o h (4) has presented the governor with a l ] b ,d i a º e certificate verifying the completion of the sentence and was r i = r t e w d m a n o granted a pardon or a certificate by the governor restoring the d m :

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 44 - e a n e d r e l u [ A d person's full rights of citizenship.

WhenSection a1-4-5.8 personNMSA has1978 completed(being theLaws terms2019, ofChapter a67, suspendedSection or2) deferredis sentencerepealed imposedeffective byJuly a1, court2025. for a felony conviction, the clerk of the district court shall notify the secretary of state.

TheSECTION secretary25. of state shall notify all county clerks that the person is eligible for registration.

C.

A person who has served the entirety of a sentence imposed for a felony conviction, including a term of probation or parole shall be issued a certificate of completion by the corrections department.

Upon issuance, the corrections department shall inform the person that the person is entitled to register to vote.

The certificate of completion shall state that the person's voting rights are restored.

D.

When the corrections department issues a person a certificate of completion, the corrections department shall notify the secretary of state that the person is entitled to h register to vote.

The secretary of state shall notify all g o t hr county clerks that the person is eligible for registration.

g e i k Additionally, a county clerk shall accept the following h r i s documents as proof that a person has served the entirety of the h , t, sentence for a felony conviction and is eligible for e u g e b l e e h registration:

n d d i = = o h (1) a judgment and sentence from a court of l ] b ,d i a º e this state, another state or the federal government, which r i = r t e w d m a n o shows on its face that the person has completed the entirety of d m :

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 45 - e a n e d r e l u [ A d the sentence;

(2) a certificate of completion from the corrections department;

or (3) a certificate of completion from another state or the federal government.

E.] A person who has been convicted of a felony shall not be permitted to hold an office of public trust for the state, a county, a municipality or a district, unless the person has presented the governor with a certificate verifying the completion of the sentence and was granted a pardon or a certificate by the governor restoring the person's full rights of citizenship." SECTION Hfl1º 26.»Hfl1 SRCºHfl1º25.»Hfl1»SRC SRCº24.»SRC REPEAL.-- A.

Sections 1-3-7.2 and 1-6-5.8 NMSA 1978 (being Laws 2021, Chapter 107, Section 1 and Laws 2009, Chapter 251, h Section 2, as amended) are repealed effective July 1, 2023.

g o t hr B.

Section 1-4-5.8 NMSA 1978 (being Laws 2019, g e i k Chapter 67, Section 2) is repealed effective July 1, 2025.

h r i s SRCº SECTION Hfl1º27.»Hfl1 SRCºHfl1º26.»Hfl1»SRC h , t, e u g SRCº25.»SRC EFFECTIVE DATE.-- e b l e e h A.

The effective date of the provisions of Sections n d d i = = o h 1, 3 through 7, 12 through SRCºHfl1º23 and 25»Hfl1 Hfl1º22 l ] b ,d i a º e r i = r and 24»Hfl1»SRC SRCº23 and 25»SRC of this act is July 1, t e w d m a n o 2023.

d m :

b e d s º o t n = .223093.5AIC February 1, 2023 (9:22am) s k m e - 46 - e a n e d r e l u [ A d B.

The effective date of the provisions of Sections and SRCºHfl1º24»Hfl1 Hfl1º23»Hfl1»SRC SRCº24»SRC of this act is January 1, 2024.

C.

The effective date of the provisions of Sections and 8 through 10 of this act is July 1, 2025.»SRC SRCºSECTION 25.

The effective date of the provisions of HB 4/a Page 38 Sections 10 and 22 of this act is January 1, 2024.

The effective date of the provisions of Sections 2 and 7 through 9 of this act is July 1, 2025.»SRC2025. - 47 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

bHB r4/a ePage t39 º5 o7 t9 n25 = .223093.5AIC February 1, 2023 (9:22am) s k m e e a n e d r e l u [ A d