SB 418 — NON-AFFILIATED VOTERS IN PRIMARY ELECTIONS

The additional alternate voting location shall be operated by the county clerk and the county clerk's staff.

G.

When marking an absentee ballot in person at the county clerk's office, the voter shall provide the required voter identification to the county clerk or the clerk's authorized representative.

If the voter does not provide the e e 17 required voter identification, the voter shall be allowed to e e n d 18 vote on a provisional ballot.

If the voter provides the = = l ] 19 required voter identification, the voter, after subscribing an a l r i 20 application for an absentee ballot, shall be allowed to vote by t e a t inserting the ballot into an optical scan tabulator certified m m 21 e d r e 22 for in-person absentee voting at the county clerk's office.

c e r c 23 The county clerk or the clerk's authorized representative shall e a n b 24 make an appropriate designation indicating that the voter has u [ voted absentee.

In marking the absentee ballot, the voter may .212788.2 - 5 - be assisted pursuant to the provisions of Section 1-12-15 NMSA 1978.

H.

Absentee ballots shall be sent to applicants not later than on the Friday immediately prior to the date of the election.

I.

An absentee ballot shall not be delivered or mailed by the county clerk to any person other than the applicant for such ballot.

J.

The secretary of state and each county clerk shall make reasonable efforts to publicize and inform voters of the times and locations for absentee voting;

provided, however, that notice is provided at least ten days before early voting begins.

K.

The secretary of state shall establish procedures for the submittal, when required by federal law, of required voter identification with mailed-in absentee ballots.

e e 17 L.

It is unlawful to electioneer in the county e e n d 18 clerk's office or in any alternate voting location." = = l ] 19 SECTION 3.

Section 1-6-22.1 NMSA 1978 (being Laws 2009, a l r i 20 Chapter 251, Section 1 and Laws 2009, Chapter 274, Section 1, t e a t as amended) is amended to read:

m m 21 e d r e 22 "1-6-22.1.

MAIL BALLOT ELECTION PRECINCT--ABSENTEE VOTING c e r c 23 IN LIEU OF POLLING PLACE.-- e a n b 24 A.

Notwithstanding the provisions of Sections u [ 1-1-11 and 1-1-12 NMSA 1978, not later than the first Monday in .212788.2 - 6 - November of each odd-numbered year, a board of county commissioners may designate a precinct as a mail ballot election precinct if, upon a written request of the county clerk, it finds that the precinct has fewer than one hundred voters and the nearest polling place for an adjoining precinct is more than twenty miles driving distance from the boundary for the precinct in question.

B.

If a precinct is designated a mail ballot election precinct, in addition to the notice required pursuant to Section 1-3-8 NMSA 1978, the county clerk shall notify by mail with delivery confirmation all voters in that precinct at least forty-two days before an election that each voter will be sent an absentee ballot twenty-eight days before the election and that there will be no polling place for the precinct on election day.

The county clerk shall include in the notice a card informing the voter that if the voter does not want to e e 17 receive an absentee ballot for that election, the voter should e e n d 18 return the card before the date the county clerk is scheduled = = l ] 19 to mail out absentee ballots.

The notice shall also inform the a l r i 20 voter that a voting system equipped for persons with t e a t disabilities will be available at all early voting sites before m m 21 e d r e 22 election day and in the office of the county clerk on election c e r c 23 day in case the voter prefers to vote in person and not by e a n b 24 mail.

In addition, the notice shall inform the voter if the u [ county is consolidating precincts on election day and, if so, .212788.2 - 7 - the ability of the voter to cast a ballot at any consolidated precinct on election day if the voter chooses not to receive an absentee ballot, or to cast a provisional ballot at any consolidated precinct if the voter does not receive an absentee ballot, which will be counted upon confirmation that the voter has not returned the absentee ballot.

C.

For a primary election, the card sent to voters who have not designated a party affiliation on their certificates of registration, or who have designated an affiliation with an unqualified political party, shall require that such voters return the card and indicate which major party's ballot they choose for that election.

D.

The 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 e e 17 of this section indicating which party ballot the voter chooses e e n d 18 for that election, along with a notice that there will be no = = l ] 19 polling place in that precinct on election day.

a l r i 20 [D.] E.

The county clerk shall keep a sufficient t e a t number of ballots from a mail ballot election precinct such m m 21 e d r e 22 that a voter from that precinct may vote on a replacement or c e r c 23 provisional paper ballot pursuant to Section 1-6-16 NMSA 1978 e a n b 24 or on an emergency paper ballot pursuant to Section 1-6-16.2 u [ NMSA 1978." .212788.2 - 8 - SECTION 4.

A new section of the Primary Election Law is enacted to read:

"[NEW MATERIAL] PRIMARY OPEN TO ONLY REGISTERED PARTY MEMBERS.-- A.

A major political party may hold a primary election in which only those individuals who are registered members of the major political party, or individuals allowed by the major political party, may vote.

B.

To hold a primary election pursuant to this section, a major political party shall:

(1) establish and adopt party rules setting out that requirement;

(2) notify the secretary of state and county clerks by certified letter on the date of the governor's proclamation of the primary election;

and (3) provide the qualifications for an elector e e 17 and designate in its entirety the manner in which the primary e e n d 18 election will be held on or before the date designated by the = = l ] 19 state for the primary election.

a l r i 20 C.

A major political party that holds a primary t e a t election pursuant to this section shall comply with Sections m m 21 e d r e 22 1-8-18 through 1-8-33 NMSA 1978.

c e r c 23 D.

A major party that holds a primary election e a n b 24 pursuant to this section shall bear the sole financial and u [ logistical responsibility for conducting the primary election." .212788.2 - 9 - SECTION 5.

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

"1-12-7.

CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO VOTE--PERSONS PERMITTED TO VOTE UPON CHOOSING A PARTY .-- A.

A person shall not vote in a primary, general or statewide special election unless [he ] the person is a voter of the county in which [he ] the person offers to vote.

A valid original certificate of registration in the county register is prima facie evidence of being a voter in the precinct.

[B.

A person at a primary election shall not be permitted to vote for the candidate of any party other than the party designated on [his ] the person's current certificate of registration;registration unless that party's rules allow that type of non- member to participate in the party's primary election process.

providedIf thatmore athan personone whoparty hasthat declinedis toparticipating ein ethe 17primary designateelection aallows politicalnon-members partyto affiliationparticipate onin the person'sparty's eprimary eelection nprocess, dthose 18persons certificateshall ofbe registration,allowed orto has designated affiliation with = = l ] 19 an unqualified political party, may choose tothe affiliateballot withof aonly aone lof rthe iparties 20participating party by requesting a ballot in athe primary election and may vote only for t e a t the candidates on that party'sballot primaryin electionthe ballot."primary melection." m 21 e d r e 22 SECTION 6.3.

Section 1-12-7.1 NMSA 1978 (being Laws 1969, c e r c 23 Chapter 240, Section 112, as amended) is amended to read:

e ae n17 b 24 "1-12-7.1.

VOTER LISTS--SIGNATURE ROSTERS--CHECKLIST OF ue [e n d 18 VOTERS--USE DURING ELECTION.-- .212788.2= -= 10l -] 19 A.

At each election day polling location, other a l r i 20 than a consolidated precinct where any voter in the county may t e a t vote, the precinct board shall post securely at or near the m m 21 e d entrance of the polling place one copy of an alphabetical list r e 22 c e r c 23 of voters and a map of the precincts represented in that e a n b 24 polling place for use of the voters prior to voting.

The u [ posted copy shall not contain a listing of voter addresses, .214358.1 - 3 - SRC/SB 418 years, months or days of birth or social security numbers.

The presiding judge of the precinct board shall assign one judge or election clerk to be in charge of the e e 17 signature roster.

e e n d 18 D.

The judge or election clerk assigned to confirm = = l ] 19 registration shall determine that each person offering to vote a l r i 20 is registered and, in the case of a primary election, that the t e a t voter is either currently registered in a party designated on m m 21 e d r e 22 the primary election ballot or hasis declined to designate a c e r c 23 party affiliation on the voter'stype certificate of registration,non-member ewho ais nallowed b 24 or has designated affiliation with an unqualified political u [ party, and chooses to affiliateparticipate within athe partyparty's for that primary .212788.2 - 11 - election byprocess. requesting a ballot of a party designated on the primary election ballot.

If the e e 17 person's registration is confirmed and the voter provides the e e n d 18 required voter identification, the judge or election clerk = = l ] 19 shall announce to the judges or election clerks the list number a l r i 20 and the name of the voter as shown on the checklist of voters.

t e a t If the voter does not provide the required voter m m 21 e d identification, the voter shall be allowed to vote on a r e 22 c e r c 23 provisional paper ballot and shall provide the required voter e a n b 24 identification to the county clerk's office before 5:00 p.m.

on u [ the second day following the election, or to the precinct board .214358.1 - 4 - SRC/SB 418 before the polls close, or the voter's provisional ballot shall not be qualified.

The judge or election clerk shall locate the e e 17 name on the signature roster and shall require the voter to e e n d 18 sign the voter's usual signature or, if unable to write, to = = l ] 19 make the voter's mark opposite the voter's printed name.

If a l r i 20 the voter makes the voter's mark, it shall be witnessed by one t e a t of the judges or election clerks of the precinct board.

m m 21 e d r e 22 F.

If the signature roster indicates that the voter c e r c 23 is required to present a physical form of identification before e a n b 24 voting, the judge or election clerk shall ask the voter for the u [ required physical form of identification.

If the voter does .212788.2 - 12 - not provide the required identification, the voter shall be e e 17 allowed to vote on a provisional paper ballot;

provided, e e n d 18 however, that if the voter brings the required physical form of = = l ] 19 identification to the polling place after casting a provisional a l r i 20 paper ballot, that ballot shall be qualified.

t e a t G.

The judge or election clerk shall follow the m m 21 e d procedures provided for in Sections 1-12-7.2 and 1-12-8 NMSA r e 22 c e r c 23 1978 if a person whose name does not appear on the signature e a n b 24 roster requests to vote or a person is required to vote on a u [ provisional paper ballot.

.214358.1 - 5 - SRC/SB 418 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 7.4.

VOTER WHOSE NAME IS NOT ON LIST OR ROSTER.-- e e 17 A.

A voter whose name does not appear on the voter e e n d 18 list and signature roster for the precinct in which the voter = = l ] 19 offers to vote shall be permitted to vote in the precinct a l r i 20 pursuant to the federal National Voter Registration Act of 1993 t e a t and Section 1-12-8 NMSA 1978.

m m 21 e d r e 22 B.

The judges or election clerks in charge of the c e r c 23 signature rosters shall add the voter's name and address in ink e a n b 24 to the signature roster on the line immediately following the u [ last entered voter's name, and the voter shall be allowed to .212788.2 - 13 - sign an affidavit of eligibility and cast a provisional paper ballot;e e 17 ballot, provided the voter has first signed or marked both the e e n d 18 signature roster and checklist of registered voters.

provided= that= thel voter] has19 firstC. signed or marked both the signature roster and checklist of registered voters.

C.The provisional paper ballot tracking number for a l r i 20 the voter shall be entered on the affidavit of eligibility, the t e a t signature roster and the checklist of registered voters.

Them provisionalm paper21 ballote trackingd numberD. for the voter shall be entered on the affidavit of eligibility, the signature roster and the checklist of registered voters.

D.In a primary election, a voter shall not be r e 22 c e r c 23 permitted to vote for a candidate of a party different from the e a n b 24 party designation shown on the voter's certificate of u [ registration unless the voter is the type of non-member who is .214358.1 - 6 - SRC/SB 418 allowed to participate in the party's primary election process.

InFor a primaryvoter election,who ais voterthe shalltype notof benon-member permittedwho tois voteallowed forto aparticipate candidatein of a partyparty's differentprimary fromelection process, the partyvoter designationmay shownchoose on the voter'sballot certificate of registrationonly unlessone the voter's certificate of registration shows the voterparties hasparticipating declinedin tothe designateprimary aelection partythat affiliation,allows orsuch hasvoters designatedto affiliationparticipate within an unqualified party, and the voterparty's choosesprimary toelection affiliateprocess withand ashall partyvote foronly on that primarypolitical electionparty's by requesting the ballot of a party participating in the primary.election.

Upon making that determination, the county clerk shall transmit the ballot to the county canvassing board to be e e 17 tallied and included in the canvass of that county for the e e n d 18 appropriate precinct." = = l ] 19 SECTION 8.5.

Section 1-12-20 NMSA 1978 (being Laws 1969, a l r i 20 Chapter 240, Section 273, as amended) is amended to read:

t e a t "1-12-20.

CONDUCT OF ELECTION--INTERPOSING CHALLENGES.--A m m 21 e d r e 22 challenge may be interposed by a member of the precinct board c e r c 23 or by a party challenger for the following reasons:

e a n b 24 A.

the person offering to vote is not registered to ue [e 17 vote;

.212788.2e -e 14n -d 18 B.

the person offering to vote is listed among = = l ] 19 those persons to whom an absentee ballot was mailed;

a l r i 20 C.

the person offering to vote has already cast a t e a t ballot in that election;

m m 21 e d D.

the person offering to vote is improperly r e 22 c e r c 23 registered because the person is not a qualified elector;

or e a n b 24 E.

in the case of a primary election, the person u [ desiring to vote is [notnot ][affiliated already affiliated with ] a qualifiedvoter politicalallowed partyto represented.214358.1 on- the7 ballot- butSRC/SB requests418 avote ballot for a party other than the qualifiedpolitical party withrepresented whichon the voterballot." is affiliated." SECTION 9.6.

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

In the year in which the president and vice e e 17 president of the United States are to be elected, the e e n d 18 registered voters of this state shall be given an opportunity = = l ] 19 to express their preference for the person to be the a l r i 20 presidential candidate of their political party in either a t e a t presidential primary election or in accordance with the m m 21 e d r e 22 selection procedure for presidential candidates of each voter's c e r c 23 party.

TheB. presidential primary election shall be held on the e a n b 24 same date as the primary election is held in this state.

uA [voter B.may vote in a presidential primary election on the ballot of only one of the parties participating in the primary election and only if the rules of that party allow such voters to participate in that party's presidential e e 17 primary election.

Ae votere mayn voted in18 aC. presidential primary .212788.2 - 15 - election on the ballot of only one of the parties participating in the primary election in accordance with the provisions of Section 1-12-7.1 NMSA 1978." SECTION 10.

SectionThe 1-15A-8presidential NMSAprimary 1978election (beingshall Lawsbe 1977,held Chapter= 230,= Sectionl 7,] 19 on the same date as amended)the primary election is amendedheld toin read:this a l r i 20 state." t e a t SECTION 7.

"1-15A-8.Section 1-15A-8 NMSA 1978 (being Laws 1977, m m 21 e d r e 22 Chapter 230, Section 7, as amended) is amended to read:

VOTINGc INe PRESIDENTIALr PRIMARY--BALLOTc POSITION.--23 A."1-15A-8.

AllVOTING candidatesIN inPRESIDENTIAL thePRIMARY--BALLOT presidentiale primarya electionn shallb appear24 withPOSITION.-- theu candidates[ forA. other offices of their respective parties at an appropriate place on the ballot.

All candidates in the presidential primary .214358.1 - 8 - SRC/SB 418 election shall appear with the candidates for other offices of their respective parties at an appropriate place on the ballot.

e e 17 B.

The voter shall be able to [castcast his[his ballot ] ea eballot n d 18 vote for one of the presidential candidates on[of thehis ballotparty of = = l ] 19 [his] the party with which the voter is affiliated or, if the a l r i 20 voter has declined to designate a party affiliation on the t e a t voter's certificate of registration, or has designated m m 21 e d r e 22 affiliation with an unqualified political party, with the party c e r c 23 that the voter chooses to affiliate with in that election in e a n b 24 accordance with theparty provisionsrules of Section 1-12-7.1 NMSA 1978, u [ or for an uncommitted delegation.

A vote of the latter kind .212788.2 - 16 - shall express the preference for an uncommitted delegation from New Mexico to the national convention of [thatthat voter's[voter's ] theparty." party with which that voter is affiliated." SECTION 11.8.

-e e 17 - 89 10- 12 14 16 e e 17 e e n d 18 = = l ] 19 a 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 [ .212788.2.214358.1