HB 84 — AUTO VOTER REGISTRATION AT MVD & ELSEWHERE

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 84 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSIO, 2019 INTRODUCED4 BY6 Daymon8 Ely10 andAN DebraACT M.RELATING TO ELECTIONS;

SariñanaPROVIDING andFOR PatriciaTHE RoybalAUTOMATIC CaballeroVOTER andREGISTRATION JoyAND GarrattUPDATING andOF JeffQUALIFIED SteinbornELECTORS 7AT 9THE ANMOTOR ACTVEHICLE RELATINGDIVISION TOOF ELECTIONS;THE TAXATION AND REVENUE DEPARTMENT AND 14 CERTAIN OTHER STATE AGENCIES;

PROVIDINGREPEALING FORSECTION THE1-4-5.2 AUTOMATICNMSA VOTER1978 REGISTRATION(BEING ANDLAWS UPDATING1995, OFCHAPTER QUALIFIED198, ELECTORSSECTION AT3). THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT AND 14 CERTAIN OTHER STATE AGENCIES.

16e t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

ew tl 17n d 18 SECTION 1.

Section 1-4-47 NMSA 1978 (being Laws 1991, w= l= n19 d 18 Chapter 80, Section 4, as amended) is amended to read:

=a =l 19i a e r 20 "1-4-47.

DRIVER'S LICENSE VOTER REGISTRATION.-- a lt im am e21 r 20 A.

Every person who is a qualified elector and is ad tr me m22 21 applying for a driver's license or identification card, or to dc r e 22s k 23 renew or update a driver's license or [for an] identification c e sa kn 23b 24 card shall, if qualified to register to vote, [with the consent eu a[ n b 24 of the applicant] be simultaneously automatically registered to u.213405.1 [HJC/HB 84 vote, or shall have an existing voter registration .211893.1 automatically updated, unless the person declines to register or to update the person's registration during the application process.

(1) [personnel in each office shall advise each person who is a qualified elector and an applicant for e e 17 licensure or renewal or for an identification card that initial e e 17n d 18 voter registration or a change of address for voter e= e= nl d] 1819 registration may be made simultaneously with the motor vehicle =a = l ]r 19i 20 application] the application for issuance or renewal of a at le ra it 20 driver's license or identification card contains a notice that tm em a21 te d the information provided on the application will be used to mr me 2122 c e d r ec 2223 automatically register the applicant to vote or to c e ra cn 23b 24 automatically update the applicant's voter registration, unless eu a[ n b 24 the applicant specifically declines to register or to update u.213405.1 [- 2 - HJC/HB 84 the applicant's voter registration during the application .211893.1 - 2 - process;

(2) each person who is a qualified elector and an applicant for a driver's license or identification card, or a renewal of a driver's license or identification card, is offered an opportunity during the application process to 6 decline to register to vote or to update the person's voter registration;

e e 17 [(2)] (4) voter registration shall be e e 17n d 18 conducted in a manner such that the applicant completes the e= e= nl d] 1819 full certificate of registration electronically;

and =a = l ]r 19i 20 [(3)] (5) the applicant's digital signature at le ra it 20 shall be affixed to the certificate of registration using an tm em a21 te d electronic signature in conformance with the Electronic mr me 2122 c e d r ec 2223 Authentication of Documents Act and the Uniform Electronic c e ra cn 23b 24 Transactions Act.

eu a[ n b 24 D.

[A motor vehicle division employee or u.213405.1 [- 3 - HJC/HB 84 contractor] No person who issues or renews a driver's license .211893.1 - 3 - or identification card shall [not] intentionally influence the prospective registrant in the selection of political party, or independent status, by word or act.

[A motor vehicle division employee or contractor] No person who issues or renews a driver's license or identification card shall [not] reveal the 6 existence of or the nature of the voter registration to anyone other than a registration officer.

e e 17 (1) ensure compliance in the application of e e 17n d 18 the provisions of this section with the federal National Voter e= e= nl d] 1819 Registration Act of 1993;

=a = l ]r 19i 20 (2) ensure consistent implementation in the at le ra it 20 various counties, based on county classification and developing tm em a21 te d technology;

and mr me 2122 c e d r ec 2223 (3) develop procedures to ensure that, once c e ra cn 23b 24 voter registration information is transmitted to the eu a[ n b 24 appropriate registration officer, the voter's certificate of u.213405.1 [- 4 - HJC/HB 84 registration is printed and placed in the county's register of .211893.1 - 4 - voters.

If a person who is not entitled to vote becomes registered to vote pursuant to this section, that registration shall not be valid."valid, and the county clerk shall remove the registration from the register of voters." SECTION 2.

The rules shall provide for distribution of voter registration forms, provisions for the acceptance of voter registration forms and procedures for reporting voter e e 17 registration activity in accordance with the federal National e e n d 18 Voter Registration Act of 1993.

e= e= 17l ] 19 B.

Voter registration shall be made available at ea el nr di 1820 all state agencies providing public assistance or services to =t =e la ]t 19 people with disabilities.

The secretary of state may, with the am lm r21 ie 20d agreement of those offices, designate other state and local tr e a22 tc e r c 23 public offices to provide voter registration services.

m m 21 e da rn eb 2224 C.

Each state agency participating in the voter cu e[ r c 23 registration program shall maintain sufficient records for the e.213405.1 a- n5 b- 24HJC/HB 84 secretary of state to comply with federal voter registration u [ reporting requirements and the federal Help America Vote Act of .211893.1 - 5 - 2002.

A state agency employee or agency contractor who participates in the voter registration process may not reveal the existence of or the nature of the voter registration to e e 17 anyone other than a registration officer.

e e n d 18 F.

A person who is a qualified elector and e= e= 17l ] 19 completes an application to register to vote or to update the ea el nr di 1820 person's voter registration at an automatic voter registration =t =e la ]t 19 agency shall automatically be registered to vote or to have the am lm r21 ie 20d person's voter registration updated unless the person declines.

tr e a22 tc e r c 23 A person who is a qualified elector shall be provided the m m 21 e da rn eb 2224 opportunity to decline to register to vote or to update the cu e[ r c 23 person's registration prior to automatically being registered e.213405.1 a- n6 b- 24HJC/HB 84 to vote or having the person's registration updated.

u [ G.

Upon receiving a request for services or .211893.1 - 6 - assistance to register to vote or update voter registration at an automatic voter registration agency, the automatic voter registration agency shall provide:

(1) notice that, if the applicant is eligible to register to vote or to have the applicant's voter 6 registration updated, the information provided on the application will be used to register the applicant to vote or to update the applicant's registration, unless the applicant specifically declines;

and (3) notice that an applicant who is a victim of domestic violence or stalking may decline to register to e e 17 vote or to update the applicant's voter registration under this e e n d 18 section, but may register to vote without publicly disclosing e= e= 17l ] 19 the applicant's street address pursuant to the Confidential ea el nr di 1820 Substitute Address Act.

=t =e la ]t 19 H.

Voter registration or updating of voter am lm r21 ie 20d registration under this section shall be conducted in a manner tr e a22 tc e r c 23 such that the:

m m 21 e da rn eb 2224 (1) applicant completes the full certificate cu e[ r c 23 of registration electronically;

and e.213405.1 a- n7 b- 24HJC/HB 84 (2) applicant's digital signature is affixed u [ to the certificate of registration using an electronic .211893.1 - 7 - signature in conformance with the Electronic Authentication of Documents Act and the Uniform Electronic Transactions Act.

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

6 J.