HB 86 — ELECTION DAY & EARLY VOTING REGISTRATION

h , e h I.

The secretary of state shall prescribe the form t u g e b l e e , gh of the certificate of registration, which form shall be a en ed 17d i = = o h postpaid mail-in format and shall be printed in Spanish and el e] nb d,d 18i a º r English.

The certificate of registration form shall be clear =e r = lt ]e 19w d m a n o and understandable to the average person and shall include ad lm r: i 20 brief but sufficient instructions to enable the qualified t e a t elector to complete the form without assistance.

Theb formr me t º o t n = .211892.1 s k m 21e - 5 - e a n e d r e 22l shallu also[ include:A d brief but sufficient instructions to enable the qualified elector to complete the form without assistance.

cThe eform rshall calso 23include: (1) the question "Are you a citizen of the e a n b 24 United States of America?" and boxes for the applicant to check u [ to indicate whether the applicant is or is not a citizen;

.211892.1(1) - 5 - (2) the question "Will"Are you bea atcitizen least eighteen years of age on or before the nextUnited generalStates election?"of America?" and boxes for the applicant to check to indicate whether the applicant willis be eighteen years of age or olderis onnot ora beforecitizen; the next general election;

(2) the question "Will you be at least eighteen years of age on or before the next general election?" and boxes for the applicant to check to indicate whether the applicant will be eighteen years of age or older on or before the next general election;

(a) if the form is submitted by mail by h the applicant and the applicant is registering for the first u » r time in New Mexico, the applicant must submit with the form a t h g e l i copy of:

or 2) a h r i s current utility bill, bank statement, government check, h , e h paycheck, student identification card or other government t u g e b l e e , gh document, including identification issued by an Indian nation, en ed 17d i = = o h tribe or pueblo, that shows the name and current address of the el e] nb d,d 18i a º r applicant;

and =e r = lt ]e 19w d m a n o (b) if the applicant does not submit the ad lm r: i 20 required identification, the applicant will be required to do t e a t so when voting in person or absentee;

andb mr me 21t eº do rt en 22= (5).211892.1 as statementk requiringm thee applicant- to6 c- e ra cn 23e sweard orr affirme thatl theu information[ suppliedA byd required identification, the applicant ewill abe nrequired bto 24do isso true."when uvoting [in SECTIONperson 3.or absentee;

Sectionand 1-4-8(5) NMSAa 1978statement (beingrequiring Lawsthe 1969,applicant .211892.1to -swear 6or -affirm Chapterthat 240,the Sectioninformation 66,supplied asby amended)the applicant is amendedtrue." toSECTION read:3.

Section 1-4-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 66, as amended) is amended to read:

the county clerk shall receive certificates of registration at all times during normal working hours, except that the clerk shall close registration at the end of the twenty-eighth day immediately preceding any election at which the registration books are to be furnished to the precinct h board;

g o t hr B.

during the period when early voting sites are g e i k open and on election day, the county clerk shall accept for h r i s filing a certificate of registration from any qualified elector h , t, who registers to vote at an early voting site or polling place e u g e b l e e h in the county in which the qualified elector resides;

en ed 17d i = = o h [B.] C.

registration shall be reopened on the el e] nb d,d 18i a º e Monday following the election;

=r i = lr ]t 19e w d m a n o [C.] D.

for purposes of a [municipal or school] ad l r i 20 local election held pursuant to the Local Election Act, the t e a t registration period for those precincts within the m m: 21 e d r e 22 [municipality or school ] local government district is closed at c e r c 23 the end of the twenty-eighth day immediately preceding the e a n b 24 [municipal or school ] local election and is opened again on the u [ Monday following the election;

b e d s º o t n = .211892.1 s k m e - 7 - [D.]e E.a n e d r e l u [ A d local election held pursuant to the Local Election Act, the registration period for those precincts within the [municipality or school ] local government district is closed at the end of the twenty-eighth day immediately preceding the [municipal or school ] local election and is opened again on the Monday following the election;

during[D.] theE. period when registration is closed, the county clerk shall receive certificates of registration and other documents pertaining thereto but, except for certificates of registration received from an early voting site or polling place, shall not file any certificate of 6 registration in the registration book until the Monday following the election, at which time a voter information document shall be mailed to the registrant at the address shown on the certificate of registration;

during the period when registration is closed, the county clerk shall receive certificates of registration and other documents pertaining thereto but, except for certificates of registration received from an early voting site or polling place, shall not file any certificate of registration in the registration book until the Monday following the election, at which time a voter information document shall be mailed to the registrant at the address shown on the certificate of registration;

when the twenty-eighth day prior to any h election referred to in this section is a Saturday, Sunday or g o t hr legal holiday, registration shall be closed at the end of the g e i k next succeeding regular business day for the office of the h r i s county clerk;

and h , t, [F.] G.

the county clerk shall accept for filing e u g e b l e e h any certificate of registration that is subscribed and dated on en ed 17d i = = o h or before the twenty-eighth day preceding the election and:

el e] nb d,d 18i a º e (1) received by the county clerk by the end of =r i = lr ]t 19e w d m a n o the regular business day for the office of the county clerk on ad lm r: i 20 the Friday immediately following the close of registration;

tb e ad ts (2)º mailedo andt postmarkedn not= less.211892.1 thans mk m 21 e d- r8 - e 22a twenty-eightn dayse priord tor anye electionl referredu to[ inA thisd cthe eFriday rimmediately cfollowing 23the section;close of registration;

or(2) emailed aand npostmarked bnot 24less (3)than acceptedtwenty-eight atdays aprior stateto agencyany designatedelection ureferred [ pursuant to Sectionin 1-4-5.2this NMSAsection; 1978." .211892.1 - 8 - SECTION 4.

or (3) accepted at a state agency designated pursuant to Section 1-4-5.2 NMSA 1978." SECTION 4.

A voter who has changed [his ] residence within the same county shall complete a certificate of registration to change [his][his ] the voter's registered residence address or file a change of residence notification with the county clerk on a h postcard-type form, approved by the secretary of state.

g o t hr B.

No change of registered residence address shall g e i k be made in any period during which registration is closed, h r i s except as allowed pursuant to Section 1-4-8 NMSA 1978 ;

however, h , t, the county clerk may accept applications for or notifications e u g e b l e e h of such change but shall not process them until the en ed 17d i = = o h registration period is open.

el e] nb d,d 18i a º e C.

The application for or notification of change of =r i = lr ]t 19e w d m a n o registered residence shall be filed with the county clerk, and ad l r i 20 the previous registration shall be retained for six years in a t e a t file established for that purpose." m m: 21 e d r e 22 SECTION 5.

Sectionb 1-12-8e NMSAd 1978s (beingº Lawso 1969,t cn = .211892.1 s k m e - 9 - e a n e d r ce 23l Chapteru 240,[ SectionA 247,d asthe amended)previous isregistration amendedshall tobe read:retained for six years in a file established for that purpose." SECTION 5.

eSection a1-12-8 nNMSA b1978 24(being "1-12-8.Laws 1969, Chapter 240, Section 247, as amended) is amended to read:

CONDUCT"1-12-8. OF ELECTION--PROVISIONAL VOTING.-- u [ A.

ACONDUCT personOF shallELECTION--PROVISIONAL beVOTING.-- permittedA. to vote on a .211892.1 - 9 - provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster, provided:

A person shall be permitted to vote on a provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster, provided:

and (3) the person executes a statement swearing or affirming to the best of the person's knowledge that the h person is a qualified elector, is currently registered and g o t hr eligible to vote in that county and has not cast a ballot or g e i k voted in that election.

h r i s B.

A person shall vote on a provisional ballot if h , t, the person:

e u g e b l e e h (1) is not registered or is not registered in en ed 17d i = = o h the correct precinct;

el e] nb d,d 18i a º e (2) attempts to register to vote at an early =r i = lr ]t 19e w d m a n o voting site or polling place that does not have real-time ad lm r: i 20 access to the statewide electronic voter file;

andb t e ad s º o t (3)n would= otherwise.211892.1 bes eligiblek tom votee at- the10 m- me 21a n e d r e 22l earlyu voting[ siteA ord pollingaccess place.to the statewide electronic voter file;

cand e(3) rwould cotherwise 23be [B.]eligible C.to vote at the early voting site or polling place.

A[B. voter shall vote on a provisional paper e a n b 24 ballot if the voter:

u] [C. (1) has not previously voted in a general .211892.1 - 10 - election in New Mexico or has been purged from the voter list;

A voter shall vote on a provisional paper ballot if the voter:

(1) has not previously voted in a general election in New Mexico or has been purged from the voter list;

[C.][C. D.

A] voterD. shall vote on a provisional paper ballot in accordance with the provisions of Section 1-12-7.1 NMSA 1978 if the voter does not provide the required voter identification to the election judge.

[D.]A E.voter shall vote on a provisional paper ballot in accordance with the provisions of Section 1-12-7.1 NMSA 1978 if the voter does not provide the required voter h identification to the election judge.

Ag judgeo ort electionhr clerk[D. shall have the voter sign the signature roster or application to vote and issue the voter a provisional paper ballot, an outer envelope and an official inner envelope.

The voter shall vote on the provisional paper ballot in secrecy and, when done, place the e e 17 ballot in the official inner envelope and place the official e e n d 18 inner envelope in the outer envelope and return it to the judge = = l ] 19E. or election clerk.

TheA judge or election clerk shall ensurehave a l r i 20 that the requiredg information is completed on the outer t e ai tk envelope,voter havesign the votersignature signroster itor inapplication theto appropriatevote place and mh mr 21i es dissue rthe evoter 22a placeprovisional itpaper inballot, an outer envelope designatedh for, provisionalt, paperand can eofficial rinner cenvelope. 23 ballots.

The voter shall vote on the e au g e b l e e h provisional paper ballot in secrecy and, when done, place the n d d i = = o h ballot in the official inner envelope and place the official l ] b 24,d [E.]i F.a º e inner envelope in the outer envelope and return it to the judge r i = r t e w d m a n o or election clerk.

KnowinglyThe executingjudge aor falseelection statementclerk ushall [ensure constitutesd perjurym as: provided in the Criminal Code, and .211892.1 - 11 - voting on the basis of such falsely executed statement constitutes fraudulent voting." SECTION 6.

b e d s º o t n = .211892.1 s k m e - 11 - e a n e d r e l u [ A d that the required information is completed on the outer envelope, have the voter sign it in the appropriate place and place it in an envelope designated for provisional paper ballots.

[E.

] F.

Knowingly executing a false statement constitutes perjury as provided in the Criminal Code, and voting on the basis of such falsely executed statement constitutes fraudulent voting." SECTION 6.

the person offering to vote is listed among h those persons to whom an absentee ballot was mailed;

g o t hr C.

the person offering to vote has already cast a g e i k ballot in that election;

h r i s D.

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

or e u g e b l e e h E.

in the case of a primary election, the person en ed 17d i = = o h desiring to vote is not affiliated with a political party el e] nb d,d 18i a º e represented on the ballot." =r i = lr ]t 19e w d m a n o SECTION 7.

Section 1-12-25.4 NMSA 1978 (being Laws 2003, ad lm r: i 20 Chapter 356, Section 7, as amended) is amended to read:

b e d s º o t n = .211892.1 s k m e - 12 - e a tn "1-12-25.4.e d r e l u [ A d Chapter 356, Section 7, as amended) is amended to read:

PROVISIONAL"1-12-25.4. PAPER BALLOTS--DISPOSITION.-- m m 21 e d r e 22 A.

UponPROVISIONAL closingPAPER ofBALLOTS--DISPOSITION.-- theA. polls, provisional paper c e r c 23 ballots shall be delivered to the county clerk, who shall e a n b 24 determine if the ballots will be counted prior to certification u [ of the election.

.211892.1Upon -closing 12of -the B.polls, provisional paper ballots shall be delivered to the county clerk, who shall determine if the ballots will be counted prior to certification of the election.

B.

provided that this subsection does not apply to a provisional ballot of a h qualified elector who registered to vote at an early voting u » r site or polling place.

t h g e l i D.

If the voter was registered in the county, the h r i s registration was later canceled and the county clerk determines h , e h that the cancellation was in error, or that the voter's name t u g e b l e e , gh should not have been placed on the list of voters whose en ed 17d i = = o h registrations were to be canceled, the voter's registration el e] nb d,d 18i a º r shall be immediately restored and the provisional paper ballot =e r = lt ]e 19w d m a n o counted.

ad lm r: i 20 E.

Ifb ther countye clerk determines that the t eº ao t cancellationn was= not.211892.1 ins error,k them votere shall- be13 offered- thee ma mn 21 e d r e 22l opportunityu to[ registerA atd theE. voter's correct address and the c e r c 23 provisional paper ballot shall not be counted.

eIf athe ncounty bclerk 24determines F.that the cancellation was not in error, the voter shall be offered the opportunity to register at the voter's correct address and the provisional paper ballot shall not be counted.

IfF. the voter is a registered voter in the county u [ but has voted on a provisional paper ballot at a polling place .211892.1 - 13 - other than the voter's designated polling place, the county canvassing board shall ensure that only those votes for the positions or measures for which the voter was eligible to vote are counted.

If the voter is a registered voter in the county but has voted on a provisional paper ballot at a polling place other than the voter's designated polling place, the county canvassing board shall ensure that only those votes for the positions or measures for which the voter was eligible to vote are counted.

The county canvassing board shall prepare a tally displaying the number of provisional paper ballots h received, the number found valid and counted, the number u » r rejected and not counted and the reason for not counting the t h g e l i ballots as part of the canvassing process and forward it to the h r i s secretary of state immediately upon certification of the h , e h election.

t u g e b l e e , gh I.

The secretary of state shall issue rules to en ed 17d i = = o h ensure securing the secrecy of the provisional paper ballots, el e] nb d,d 18i a º r especially during canvassing, reviewing or recounting, and =e r = lt ]e 19w d m a n o protecting against fraud in the voting process." ad lm r: i 20 SECTION 8.

EFFECTIVEb DATE.--Ther effectivee datet ofº theo t n = .211892.1 s k m e - 14 - e a tn provisionse ofd thisr acte isl Julyu 1,[ 2019.A d SECTION 8.

mEFFECTIVE mDATE.--The 21effective edate dof rthe eprovisions 22of -this 14act -is cJuly e1, r2019. c 23 e a n b 24 u [ .211892.1

- 15 - » 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 = .211892.1 s k em e - 15 - e a n e d r e l u [ A d