HB 229 — ELECTION LAWS CLEANUP

Between the first day of July and the last day t e a t of October in the same calendar year in which the state m m 21 e d receives the results of a federal decennial census, every local r e 22 c e r c 23 public body subject to districting and whose officers are e a n bo 24d electedm at: a time other than the regular local election shall u [ create or redraw districts for the local public body.

Betweenb .215799.4r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 4 - thee firsta dayn ofe Mayd andr thee lastl dayu [ A d of October in the same calendar year followingin which the receiptstate ofreceives the results of a federal decennial census, eachevery local public body subject to districting and whose officers are elected inat a time other than the regular local election shall create or redraw districts for the local public body.

ABetween 6the localfirst publicday body,of whenHSEICºMay»HSEIC creatingHSEICºApril»HSEIC orand redrawingthe districts,last shallday notof splitHSEICºOctober»HSEIC aHSEICºDecember»HSEIC precinctin intothe twocalendar oryear morefollowing districtsthe forreceipt anyof electedthe officeresults unlessof necessarya federal decennial census, each local public body subject to complydistricting withand federalwhose lawofficers are elected in the regular local election shall create or toredraw preservedistricts communitiesfor ofthe interest."local SECTIONpublic 2.body.

SectionA 1-4-5.7local NMSApublic 1978body, (beingwhen Lawscreating 2019,or Chapterredrawing 67,districts, Sectionshall 1)not issplit amendeda precinct into two or more districts for any elected office unless necessary to read:comply with federal law or to preserve communities of interest." SECTION 2.

"1-4-5.7.Section 1-4-5.7 NMSA 1978 (being Laws 2019, h Chapter 67, Section 1) is amended to read:

REGISTRATIONu AT» VOTINGr LOCATION"1-4-5.7. PRIOR TO VOTING.-- A.

NotwithstandingREGISTRATION theAT provisionsVOTING inLOCATION SectionPRIOR 1-4-8TO NMSAt 1978h providingg for the closing of registration prior to an election, a qualified elector seeking to register to vote or e eVOTING.-- 17 update an existing certificate of registration in the state e e n d 18 shall be allowed to do so at a voting location immediately = = l ]i 19h before voting in that election after signing an affidavit under a l r i 20s oathA. that the elector has not voted in the election in this t e a t state or elsewhere, and as further provided in this section.

mNotwithstanding mthe 21provisions in Section 1-4-8 h , e h NMSA 1978 providing for the closing of registration prior to an t u g e b l election, a qualified elector seeking to register to vote or e e , gh n d B.d i = = o h update an existing certificate of registration in the state l ] b ,d i a º r shall be allowed to do so at a voting location immediately e r = t e w d before voting in that election after signing an affidavit under m a n o d m :

Duringb a statewide election, a qualified elector r e 22t cº eo rt cn 23= may.215799.4AIC registerFebruary to13, vote2020 or(11:27am) updates ank existingm certificatee of- 5 - e a n be 24d registrationr ate thel countyu clerk's[ officeA duringd theoath regularthat uthe [elector hourshas andnot daysvoted ofin business beginning on the twenty-eighthelection dayin .215799.4this -state 5or -elsewhere, precedingand theas electionfurther andprovided fromin 10:00this a.m.section.

B.

During a statewide election, a qualified elector may register to vote or update an existing certificate of registration at the county clerk's office during the regular hours and days of business beginning on the twenty-eighth day preceding the election and from 10:00 a.m.

provided that if the county clerk establishes an additional alternate voting location near the clerk's office in lieu of voting at the office of the county clerk, a qualified elector may register to vote or update an existing certificate of registration at that location during the regular hours and days of business beginning on the twenty-eighth day preceding the election and during the hours for voting at alternate voting locations commencing on the third Saturday prior to the h election through the Saturday immediately prior to the u » r election.

t h g e l i C.

During a statewide election, a qualified elector h r i s may register to vote or update an existing certificate of h , e h registration at an alternate voting location only if the county t u g e b l e e , gh clerk has assigned a county clerk employee to be the clerk's en ed 17d i = = o h authorized deputy to serve as a registration officer at the el e] nb d,d 18i a º r alternate voting location;

provided that ninety days before the =e r = lt ]e 19w d m a n o election, the county clerk shall post the location of each ad l r i 20 alternate voting location where a qualified elector may t e a t register to vote or update an existing certificate of m m: 21 e d r e 22 registration immediately before voting.

cb r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 6 - e a n e d r ce 23l D.u [ A d alternate voting location where a qualified elector may register to vote or update an existing certificate of registration immediately before voting.

BeginningD. January 1, 2021 and upon the approval e a n b 24 of the voting system certification committee, during a u [ statewide election, a qualified elector may register to vote or .215799.4 - 6 - update an existing certificate of registration at an election day voting location;

Beginning January 1, 2021 and upon the approval of the voting system certification committee, during a statewide election, a qualified elector may register to vote or update an existing certificate of registration at an election day voting location;

A voter shall not be allowed to change party affiliation when updating an existing certificate of registration [or registering to vote ] at an early voting site h or polling place during a primary election.

u » r F.

During a special election, a qualified elector t h g e l i HSEICº residing within the boundary of the jurisdiction conductingh r i s conducting»HSEIC HSEICºeligible to vote in»HSEIC the special h , e h election may register to vote or update an existing certificate t u g e b l e e , gh of registration at the county clerk's office during the regular n d d i = = o h hours and days of business beginning on the etwenty-eighth eday 17l twenty-eighth] dayb ,d i a º r preceding the election until [the last regular business day the e r = t e nw d 18m regulara businessn dayo the week prior to] 5:00HSEICº5:00 p.m.

on the date = = l ] 19 of the election.d m :

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 7 - e a ln e d r ie 20l G.u [ A d election»HSEIC HSEICºclose of business for the regular hours of business for the county clerk's office on the day prior to the election»HSEIC.

AG. qualified elector seeking to register to vote t e a t or update an existing certificate of registration immediately m m 21 e d r e 22 before voting shall provide c e r c 23 [(1) a New Mexico driver's license or New e a n b 24 Mexico identification card issued through the motor vehicle u [ division of the taxation and revenue department;

.215799.4A -qualified 7elector -seeking (2)to anyregister documentto thatvote containsor update an addressexisting incertificate theof countyregistration togetherimmediately withbefore voting shall provide [(1) a photoNew Mexico driver's license or New Mexico identification card;card issued through the motor vehicle division of the taxation and revenue department;

or(2) (3)any adocument current valid student photo identification card from a post-secondary educational institution in New Mexico accompanied by a current student fee 6 statement that contains thean student's address in the county]county atogether physicalwith forma ofphoto identification thatcard; is issued by a government, including a federally recognized Indian nation, tribe or pueblo, or an educational institution, and that:

(1)or contains(3) thea namecurrent ofvalid thestudent qualifiedphoto elector,identification whichcard shallfrom reasonablya matchpost-secondary educational institution in New Mexico accompanied by a current student fee statement that contains the namestudent's providedaddress onin the certificatecounty] a physical form of registration;identification that is issued by a government, h including a federally recognized Indian nation, tribe or u » r pueblo, or an educational institution, and that:

(2)t h g e l i (1) contains athe photographname of the qualified h r i s elector, which shall resemblereasonably match the qualifiedname elector;provided on the h , e h certificate of registration;

(3)t needu notg containe anb expirationl date,e ande if, itgh does,(2) thecontains expirationa datephotograph isof notthe requiredqualified ton bed ad datei on= e= eo 17h orelector, afterwhich theshall electionresemble in which the identificationqualified iselector; used;

l ] b ,d i a º r (3) need not contain an expiration date, and e r = t e nw d 18m (4)a needn o if it does, the expiration date is not containrequired anto address;be a date on d m :

providedb thatr =e =t lº ]o 19t an qualified= elector.215799.4AIC shallFebruary not13, be2020 permitted(11:27am) tos registerk tom votee a- l8 r- i 20 or update an existing voter registration immediately before t e a tn votinge unlessd ther addresse providedl onu the[ certificateA of m m 21 e d ror eafter 22the registrationelection matchesin which the addressidentification onis either:used;

cand eHSEICº(4) rneed cnot 23contain (a)an theaddress; physical form of identification e a n b 24 required pursuant to this subsection;

orprovided uthat [a (b)qualified anelector originalshall ornot copybe ofpermitted ato utilityregister .215799.4to -vote 8or -update bill,an bankexisting statement,voter governmentregistration check,immediately paycheck,before studentvoting identificationunless cardthe oraddress other government document provided inon addition to the physicalcertificate form of identificationregistration requiredmatches pursuantthe toaddress thison subsection.either:

H.(a) the physical form of identification required pursuant to this subsection;

Ifor»HSEIC anHSEICº(4) early voting site or polling place does not have real-time access to the statewide electronic voter file, a voter desiring to update an existing certificate of registration or to register to vote shall beeither: issued a provisional ballot.

I.(a) contain an address that matches the address on the certificate of registration;

Noor»HSEIC later(b) thanHSEICºbe Juneaccompanied 30,by»HSEIC 2021an andoriginal uponor thecopy approval of thea votingutility systembill, certificationbank committee,statement, thegovernment secretarycheck, ofpaycheck, statestudent andidentification thecard secretaryor ofother taxationgovernment anddocument revenueHSEICºprovided shallin developaddition ato procedure for importing the listphysical form of eligible but unregistered persons with a driver's license or state- issued identification cardrequired intopursuant theto voterthis registrationh electronicsubsection.»HSEIC managementHSEICºthat systemcontains prior to an electionaddress tothat facilitatematches eu e» 17r processingt ah newthe voteraddress registrationon pursuantthe tocertificate thisof section."registration.»HSEIC eg e nl di 18H. SECTION 3.

SectionIf 1-4-8an NMSAearly 1978voting (beingsite Lawsor 1969,polling =place =does lh ]r 19i Chapters 240,not Sectionhave 66,real-time asaccess amended)to isthe amendedstatewide electronic voter h , e h t u g file, a voter desiring to read:update an existing certificate of e b l e e , gh registration or to register to vote shall be issued a n d d i = = o h provisional ballot.

l ] b ,d i a lº r ie 20r "1-4-8.= I.

DUTIESNo OFlater COUNTYthan CLERK--ACCEPTANCEJune OF30, t2021 eand aupon the t REGISTRATION--CLOSEe OFw REGISTRATION--LATEd REGISTRATION.--For m ma 21n eo dapproval rof ethe 22voting qualifiedsystem electorscertification seekingcommittee, to register to vote or update an c e r c 23 existing voter registration in the state,d them following: e a n b 24 provisions shall apply:

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 9 - e a n e d r e l u [ A.A d secretary of state and the secretary of taxation and revenue shall develop a procedure for importing the list of eligible but unregistered persons with a driver's license or state- issued identification card into the voter registration electronic management system prior to an election to facilitate processing a new voter registration pursuant to this section." SECTION 3.

toSection participate1-4-8 inNMSA an1978 election,(being theLaws deadline1969, toChapter .215799.4240, -Section 966, -as registeramended) to vote or update an existing voter registration is twenty-eightamended days prior to thatread: election;

B."1-4-8.

theDUTIES countyOF clerkCOUNTY shallCLERK--ACCEPTANCE receiveOF certificatesREGISTRATION--CLOSE ofOF registrationREGISTRATION--LATE atREGISTRATION.--For allqualified timeselectors duringseeking normal working hours, except that the clerk shall not process any certificate of registration subscribed and sworn beginning the first business day after the deadline to register to vote or update an existing voter registration beforein an election if the residentialstate, address on the certificatefollowing ofprovisions registrationshall indicatesapply: that the registration is for a:

(1)A. statewide election, within the county;

orto (2)participate specialin an election, withinthe anydeadline precinctto inregister theto countyvote inor whichupdate votesan mayexisting bevoter castregistration inis thetwenty-eight specialdays prior to that election;

h B.

the county clerk shall receive certificates of u » r registration at all times during normal working hours, except t h g e l i that the clerk shall not process any certificate of h r i s registration subscribed and sworn beginning the first business h , e h day after the deadline to register to vote or update an t u g e b l e e , gh existing voter registration before an election if the n d d i = = o h residential address on the certificate of registration l ] b ,d i a º r indicates that the registration is for a:

e r = t e w d m a n o (1) statewide election, within the county;

or d m :

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 10 - e a n e d r e l u [ A d (2) special election, within any precinct in the county in which votes may be cast in the special election;

e e 17 (1) new voter registrations that meet the e e n d 18 requirements of this section;

= = l ] 19 (2) updates to existing voter registrations in a l r i 20 this state that meet the requirements of this section;

provided t e a t that an update to an existing registration in this state shall m m 21 e d r e 22 not be processed if the voter has requested or been sent a c e r c 23 ballot in the election, unless the voter executes an affidavit e a n b 24 stating that the voter has not and will not vote the ballot u [ that was issued and the ballot register does not show that a .215799.4 - 10 - ballot from the voter has been cast in the election;

and (3) pending cancellations of existing voter h registrations in this state through the day of the election;

g o t hr provided that a cancellation of an existing voter registration g e i k shall not be processed if the voter has requested or been sent h r i s a ballot in the election;

h , t, D.

certificates of registration and cancellations e u g e b l e e h of existing voter registrations not processed pursuant to n d d i = = o h Subsection B or C of this section [shall ] may be processed beginningl [thirty-five days after ] theb Monday,d followingi ana electionº ande shallbeginning be[thirty-five processeddays noafter later] than the firstMonday businessfollowing dayan afterr thei approval= ofr thet countye canvassw report,d atm which time a votern informationo documentelection and shall be mailedprocessed toHSEICºbeginning»HSEIC theno registrantlater atd them address: shown on the certificate of registration;

providedb thate ifd theres isº ao subsequentt electionn scheduled= at.215799.4AIC whichFebruary a13, qualified2020 elector(11:27am) ors voterk wouldm be e e- 1711 eligible- toe votea ifn thee certificated ofr registratione werel eu e[ nA d 18than processedthe onfirst anbusiness earlierday date,after the certificateapproval of registrationthe =county =canvass lreport, ]at 19which fortime thata qualifiedvoter electorinformation ordocument voter shall be processedmailed byto the aregistrant lat rthe iaddress 20shown county clerk on a day and in a manner to ensure the abilitycertificate of tregistration; e a t the qualified elector or voter to vote in the subsequent m m 21 e d r e 22 election;

cprovided ethat rif cthere 23is E.a subsequent election scheduled at which a qualified elector or voter would be eligible to vote if the certificate of registration were processed on an earlier date, the certificate of registration for that qualified elector or voter shall be processed by the county clerk on a day and in a manner to ensure the ability of the qualified elector or voter to vote in the subsequent election;

when the deadline to register to vote or update e a n b 24 an existing voter registration prior to an election referred to u [ in this section is a Saturday, Sunday or state holiday, .215799.4 - 11 - registration certificates shall be accepted through the next succeeding business day for the office of the county clerk;

and F.

the county clerk shall accept for filing and process any certificate of registration that is subscribed and dated on or before the deadline to register to vote or update an existing voter registration prior to an election and:

(1) received by the county clerk by the end of the last regular business day of the week for the office of the county clerk immediately following the deadline to register to vote or update an existing voter registration prior to an election;

(2) mailed and postmarked on or before the day of the deadline to register to vote or update an existing voter registration prior to any election referred to in this section;

or (3) accepted at a state agency designated e e 17 pursuant to Section 1-4-5.2 NMSA 1978." e e n d 18 SECTION 4.

Section 1-4-11 NMSA 1978 (being Laws 1969, = = l ] 19 Chapter 240, Section 67, as amended) is amended to read:

a l r i 20 "1-4-11.

DUTIES OF COUNTY CLERK--UPON RECEIPT OF t e a t CERTIFICATES.-- m m 21 e d r e 22 A.

Upon receipt of a complete certificate of c e r c 23 registration, if the certificate of registration is in proper e a n b 24 form, the county clerk shall determine if the qualified elector u [ applying for registration is already registered in the .215799.4 - 12 - registration records of the county.

If the qualified elector is not already registered in the county and if the certificate of registration is received within the time allowed by law for filing certificates of registration in the county clerk's office, the county clerk shall sign or stamp, in the space provided therefor on each copy of the certificate, the qualified elector's name and the date the certificate was accepted for filing in the county registration records.

Voter information shall be handed or mailed immediately to the qualified elector and to no other person.

B.

If the applicant's certificate of registration is rejected for any reason, the county clerk shall stamp or write the word "rejected" on the new certificate of registration and hand or mail it, if possible, to the applicant with an explanation of why the new certificate of registration was rejected and what remedial action, if any, the applicant e e 17 must take to bring the registration up to date or into e e n d 18 compliance with the Election Code.

= = l ] 19 C.

The county clerk shall reject any certificate of a l r i 20 registration that does not contain the qualified elector's t e a t name, address and date of birth, along with a signature or m m 21 e d r e 22 usual mark.

If the qualified elector is a new voter, the c e r c 23 county clerk shall reject any certificate of registration that e a n b 24 does not contain the qualified elector's driver's license or u [ state identification number issued by the motor vehicle .215799.4 - 13 - division of the taxation and revenue department, social security number or last four digits of the qualified elector's social security number.

The county clerk shall reject any certificate of registration in which the question regarding citizenship is not answered or is answered in the negative.

D.

A full social security number is required to finish processing a new voter registration in this state.

If the certificate of registration does not contain a social security number, the county clerk shall ascertain the qualified elector's social security number from the qualified elector's previous certificate of registration, from the motor vehicle division of the taxation and revenue department or from the secretary of state.

Ifwhen the countydeadline clerkto rejectsregister ato certificatevote of registration because required information is not provided on the certificate or cannotupdate ascertainan theexisting qualifiedvoter elector'sregistration eprior eto 17an socialelection securityreferred number,to thein county clerk shall indicate this onsection eis ea nSaturday, dSunday 18or thestate qualifiedholiday, elector's certificate of registration andcertificates shall =be =accepted lthrough ] 19 make the appropriatenext notationsucceeding inbusiness theday voterfor file, indicating a l r i 20 that the voteroffice shallof provide the fullcounty socialclerk; security number t e a t prior to receiving a ballot and, if not, may only vote on a m m 21 e d r e 22 provisional ballot.

Theand provisionalh ballotF. shall be counted c e r c 23 once the required information is provided or the voter's social e a n b 24 security number is ascertained.

the county clerk shall accept for filing and u [» F.r process any certificate of registration that is subscribed and t h g e l i dated on or before the deadline to register to vote or update h r i s an existing voter registration prior to an election and:

Ifh the, qualifiede electorh does(1) notreceived registerby inthe .215799.4county -clerk 14by -the person,end hasof nott previouslyu votedg ine anb electionl ine Newe Mexico, andgh doesthe notlast provideregular business day of the registrationweek officerfor withthe office of the requiredn documentaryd identification,d thei registration= officer= shallo indicateh thiscounty onclerk immediately following the qualifieddeadline elector'sto certificateregister ofto l ] b ,d i a º r vote or update an existing voter registration andprior theto countyan clerke shallr note= thist one thew appropriated precinctm signaturea roster."n SECTIONo 5.election;

Sectiond 1-4-47m NMSA: 1978 (being Laws 1991, Chapter 80, Section 4, as amended) is amended to read:

"1-4-47.b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 12 - e a n e d r e l u [ A d (2) mailed and postmarked on or before the day of the deadline to register to vote or update an existing voter registration prior to any election referred to in this section;

DRIVER'Sor LICENSE(3) VOTERaccepted REGISTRATION.--at A.a state agency designated pursuant to Section 1-4-5.2 NMSA 1978." SECTION 4.

EverySection person1-4-11 whoNMSA is1978 a(being qualifiedLaws elector1969, andChapter is240, applyingSection for67, aas driver'samended) license,is toamended renew a driver's license or for an identification card shall, if qualified to registerread: to vote, with the consent of the applicant be simultaneously registered to vote.

"1-4-11.

DUTIES OF COUNTY CLERK--UPON RECEIPT OF CERTIFICATES.-- A.

Upon receipt of a complete certificate of registration, if the certificate of registration is in proper form, the county clerk shall determine if the qualified elector applying for registration is already registered in the registration records of the county.

If the qualified elector is not already registered in the county and if the certificate h of registration is received within the time allowed by law for g o t hr filing certificates of registration in the county clerk's g e i k office, the county clerk shall sign or stamp, in the space h r i s provided therefor on each copy of the certificate, the h , t, qualified elector's name and the date the certificate was e u g e b l e e h accepted for filing in the county registration records.

Voter n d d i = = o h information shall be handed or mailed immediately to the l ] b ,d i a º e qualified elector and to no other person.

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

If the applicant's certificate of registration d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 13 - e a n e d r e l u [ A d is rejected for any reason, the county clerk shall stamp or write the word "rejected" on the new certificate of registration and hand or mail it, if possible, to the applicant with an explanation of why the new certificate of registration was rejected and what remedial action, if any, the applicant must take to bring the registration up to date or into compliance with the Election Code.

C.

The county clerk shall reject any certificate of registration that does not contain the qualified elector's name, address and date of birth, along with a signature or usual mark.

If the qualified elector is a new voter, the county clerk shall reject any certificate of registration that does not contain the qualified elector's driver's license or state identification number issued by the motor vehicle division of the taxation and revenue department, social security number or last four digits of the qualified elector's h social security number.

The county clerk shall reject any u » r certificate of registration in which the question regarding t h g e l i citizenship is not answered or is answered in the negative.

h r i s D.

A full social security number is required to h , e h finish processing a new voter registration in this state.

If t u g e b l e e , gh the certificate of registration does not contain a social n d d i = = o h security number, the county clerk shall ascertain the qualified l ] b ,d i a º r elector's social security number from the qualified elector's e r = t e w d m a n o previous certificate of registration, from the motor vehicle d m :

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 14 - e a n e d r e l u [ A d division of the taxation and revenue department or from the secretary of state.

E.

If the county clerk rejects a certificate of registration because required information is not provided on the certificate or cannot ascertain the qualified elector's social security number, the county clerk shall indicate this on the qualified elector's certificate of registration and shall make the appropriate notation in the voter file, indicating that the voter shall provide the full social security number prior to receiving a ballot and, if not, may only vote on a provisional ballot.

The provisional ballot shall be counted HSEICº once»HSEIC HSEICºonly if»HSEIC the required information is provided or the voter's social security number is ascertained.

F.

If the qualified elector does not register in person, has not previously voted in an election in New Mexico h and does not provide the registration officer with the required u » r documentary identification, the registration officer shall t h g e l i indicate this on the qualified elector's certificate of h r i s registration and the county clerk shall note this on the h , e h appropriate precinct signature roster." t u g e b l e e , gh SECTION 5.

Section 1-4-47 NMSA 1978 (being Laws 1991, n d d i = = o h Chapter 80, Section 4, as amended) is amended to read:

l ] b ,d i a º r "1-4-47.

DRIVER'S LICENSE VOTER REGISTRATION.-- e r = t e w d m a n o A.

Every person who is a qualified elector and is d m :

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 15 - e a n e d r e l u [ A d applying for a driver's license, to renew a driver's license or for an identification card shall, if qualified to register to vote, with the consent of the applicant be simultaneously registered to vote.

The secretary of taxation and revenue shall select certain employees of the motor vehicle division of the e e 17 taxation and revenue department or employees of entities on e e n d 18 contract to provide field services to the motor vehicle = = l ] 19 division to provide assistance to any applicant requesting a l r i 20 voter registration assistance.

t e a t C.

Every motor vehicle division office, field m m 21 e d r e 22 office or contract field office of the division shall display c e r c 23 within the offices clearly visible signs stating "voter e a n b 24 registration assistance available" and:

u [ (1) personnel in each office shall advise each .215799.4 - 15 - person who is a qualified elector and an applicant for h licensure or renewal or for an identification card that initial u » r voter registration or a change of address for voter t h g e l i registration may be made simultaneously with the motor vehicle h r i s application;

h , e h (2) voter registration shall be conducted in a t u g e b l e e , gh manner such that the applicant completes the full certificate n d d i = = o h of registration electronically;

[and ] l ] b ,d i a º r (3) the applicant's digital signature shall be affixede tor the= certificatet ofe registrationw usingd anm electronica signaturen ino conformanceaffixed withto the Electroniccertificate Authentication of Documentsregistration Actusing andan theelectronic Uniformd Electronicm Transactions: Act;

andb (4)r everye certificatet ofº registrationo completedt electronicallyn shall= include.215799.4AIC theFebruary applicant's13, full2020 social(11:27am) securitys numberk andm shalle be- transmitted16 by- meanse of a securedn electronice transmissiond tor thee secretaryl ofu state[ forA ed esignature 17in deliveryconformance towith the appropriateElectronic countyAuthentication clerk.of Documents Act and the Uniform Electronic Transactions Act;

eand e(4) nevery dcertificate 18of D.registration completed electronically shall include the applicant's full social security number and shall be transmitted by means of a secured electronic transmission to the secretary of state for delivery to the appropriate county clerk.

A motor vehicle division employee or contractor = = l ] 19 shall not intentionally influence the prospective registrant in a l r i 20 the selection of political party, or independent status, by t e a t word or act.

A motor vehicle division employee or contractor m m 21 e d r e 22 shall not reveal the existence of or the nature of the voter c e r c 23 registration to anyone other than a registration officer.

e a n b 24 E.

Any certificate of voter registration completed u [ on a paper form made or accepted at a motor vehicle division .215799.4 - 16 - office, [or motor vehicle division ] field office or contract field office shall be [transmitted] delivered to the secretary of state [and] or the [appropriate registration officer] county clerk of the county in which the office is located within seven ] days.

[calendar F.

The secretary of state shall work with the motor vehicle division to:

(1) ensure compliance in the application of the provisions of this section with the federal National Voter Registration Act of 1993;

(2) ensure consistent implementation in the various counties, based on county classification and developing technology;

and (3) develop procedures to ensure that, once voter registration information is transmitted to the appropriate registration officer, the voter's certificate of e e 17 registration is printed and placed in the county's register of e e n d 18 voters." = = l ] 19 SECTION 6.

Section 1-6-4 NMSA 1978 (being Laws 1969, a l r i 20 Chapter 240, Section 130, as amended) is amended to read:

t e a t "1-6-4.

MAILED BALLOT APPLICATION.-- m m 21 e d r e 22 A.

In a statewide election, application by a voter c e r c 23 for a mailed ballot shall be made only on a paper form or its e a n b 24 online equivalent.

The form shall identify the applicant and u [ contain information to establish the applicant's qualification .215799.4 - 17 - for issuance of a mailed ballot under the Absent Voter Act;

provided that only on the application form for a primary election ballot there shall be a box, space or place provided for designation of the voter's political party affiliation.

B.

Each application on a paper form for a mailed ballot shall be signed by the applicant and shall require the applicant's printed name, registration address and year of birth to be supplied by the applicant, which shall constitute the required form of identification.

When submitted by the voter, the county clerk shall accept an application for a mailed ballot pursuant to this subsection regardless of whether the application for a mailed ballot is delivered to the county clerk on paper or by electronic means.

When submitted by a third party, the county clerk shall not accept an application for a mailed ballot pursuant to this subsection if the application for a mailed ballot is delivered by electronic e e 17 means.

e e n d 18 C.

The secretary of state shall allow a voter to = = l ] 19 submit an online application for a mailed ballot through a a l r i 20 website authorized by the secretary of state;

provided that the t e a t voter shall have a current or expired New Mexico driver's m m 21 e d r e 22 license or state identification card issued by the motor c e r c 23 vehicle division of the taxation and revenue department.

An e a n b 24 online request for a mailed ballot shall contain all of the u [ information that is required for a paper form.

The voter shall .215799.4 - 18 - also provide the person's full New Mexico driver's license number or state identification card number.

WhenA amotor votervehicle requestsdivision aemployee mailedor ballotcontractor pursuantshall tonot thisintentionally section,influence the voterprospective shallregistrant markin the boxselection associatedof withpolitical theparty, followingor statement,independent whichstatus, shallby beword includedor asact. part of the online mailed ballot request form:

"ByA clickingmotor thevehicle boxesdivision below,employee Ior swearcontractor shall not reveal the existence of or affirmthe allnature of the following:voter registration to anyone other than a registration officer.

[E. ] I am the person whose name and identifying information is provided on this form and I desire to request a mailed ballot to vote in the state of New Mexico;

Any certificate of voter registration completed on a paper form made or accepted at a motor vehicle division office, [or motor vehicle division ] field office or contract h field office shall be [transmitted] delivered to the secretary g o t hr of state [and ] or the [appropriate registration officer] county g e i k clerk of the county in which the office is located within seven h r i s [calendar] days.

h , t, F.

The secretary of state shall work with the motor e u g e b l e e h vehicle division to:

n d d i = = o h (1) ensure compliance in the application of l ] b ,d i a º e the provisions of this section with the federal National Voter r i = r t e w d m a n o Registration Act of 1993;

d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 17 - e a n e d r e l u [ A d (2) ensure consistent implementation in the various counties, based on county classification and developing technology;

and (3) develop procedures to ensure that, once voter registration information is transmitted to the appropriate registration officer, the voter's certificate of registration is printed and placed in the county's register of voters." SECTION 6.

Section 1-6-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 130, as amended) is amended to read:

"1-6-4.

MAILED BALLOT APPLICATION.-- A.

In a statewide election, application by a voter for a mailed ballot shall be made only on a paper form or its online equivalent.

The form shall identify the applicant and contain information to establish the applicant's qualification for issuance of a mailed ballot under the Absent Voter Act;

h provided that only on the application form for a primary g o t hr election ballot there shall be a box, space or place provided g e i k for designation of the voter's political party affiliation.

h r i s B.

Each application on a paper form for a mailed h , t, ballot shall be signed by the applicant and shall require the e u g e b l e e h applicant's printed name, registration address and year of n d d i = = o h birth to be supplied by the applicant, which shall constitute l ] b ,d i a º e the required form of identification.

When submitted by the r i = r t e w d m a n o voter, the county clerk shall accept an application for a d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 18 - e a n e d r e l u [ A d mailed ballot pursuant to this subsection regardless of whether the application for a mailed ballot is delivered to the county clerk on paper or by electronic means.

When submitted by a third party, the county clerk shall not accept an application for a mailed ballot pursuant to this subsection if the application for a mailed ballot is delivered by electronic means.

C.

The secretary of state shall allow a voter to submit an online application for a mailed ballot through a website authorized by the secretary of state;

provided that the voter shall have a current or expired New Mexico driver's license or state identification card issued by the motor vehicle division of the taxation and revenue department.

An online request for a mailed ballot shall contain all of the information that is required for a paper form.

The voter shall also provide the person's full New Mexico driver's license h number or state identification card number.

u » r D.

When a voter requests a mailed ballot pursuant t h g e l i to this section, the voter shall mark the box associated with h r i s the following statement, which shall be included as part of the h , e h online mailed ballot request form:

t u g e b l e e , gh "By clicking the boxes below, I swear or affirm all of the n d d i = = o h following:

l ] b ,d i a º r [ ] I am the person whose name and identifying e r = t e w d m a n o information is provided on this form and I desire to request a d m :

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 19 - e a n e d r e l u [ A d mailed ballot to vote in the state of New Mexico;

Online applications for mailed ballots shall retain the dates of submission by the qualified elector and of e e 17 acceptance by the county clerk.

For purposes of deadlines e e n d 18 contained in the Election Code, the time and date of the = = l ] 19 submission by the voter shall be considered the time and date a l r i 20 when the application for a mailed ballot is received by the t e a t county clerk.

m m 21 e d r e 22 F.

New registrants who registered for the first c e r c 23 time in this state by mail and at that time did not provide e a n b 24 acceptable documentary identification as required by federal u [ law shall be informed of the need to comply with federal .215799.4 - 19 - identification requirements when returning the requested ballot h and notified that if the registrant votes for the first time in u » r New Mexico by mail,mail HSEICºand does not follow the instructions t h g e l i for returning the required documentary identification»HSEIC, h r i s the registrant waives the right to secrecy in that mailed h , e h ballot.

The secretary of state shall issue rules to exempt t u g e b l e e , gh voters from submitting identification only as required by n d d i = = o h federal law and shall review and, if necessary, update these l ] b ,d i a º r rules no later than March 15 of even-numbered years.

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

A person who willfully and with knowledge and intentd tom deceive: or mislead any voter, election board, canvassing board, county clerk or other election official and who falsifies any information on an absentee ballot request form or who affixes a signature or mark other than the person's own on a mailed ballot request form is guilty of a fourth degree felony." SECTION 7.

Sectionb 1-6-8r NMSAe 1978t (beingº Lawso 1969,t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 20 - e 17a Chaptern 240,e Sectiond 134,r ase amended)l isu amended[ A d intent to read:deceive or mislead any voter, election board, canvassing board, county clerk or other election official and who falsifies any information on an absentee ballot request form or who affixes a signature or mark other than the person's own on a mailed ballot request form is guilty of a fourth degree felony." SECTION 7.

eSection e1-6-8 nNMSA d1978 18(being "1-6-8.Laws 1969, Chapter 240, Section 134, as amended) is amended to read:

MAILED"1-6-8. BALLOT ENVELOPES.-- = = l ] 19 A.

TheMAILED secretaryBALLOT ofENVELOPES.-- stateA. shall prescribe the form a l r i 20 of, procure and distribute to each county clerk a supply of:

tThe esecretary aof tstate (1)shall officialprescribe innerthe envelopesform forof, useprocure inand mdistribute mto 21each ecounty dclerk ra esupply 22of: sealing the completed mailed ballot;

c(1) e r c 23 (2) official mailinginner envelopes for use in esealing a n b 24 returning the officialcompleted innermailed envelopeballot; to the county clerk, u [ which shall be postage-paid;

provided(2) that only the official .215799.4 - 20 - mailing envelopeenvelopes for absenteeuse ballots in areturning politicalthe partyofficial primaryinner shallenvelope containto athe designationcounty ofclerk, partywhich affiliation;shall be postage-paid;

(3)provided mailedthat ballotonly instructions,the describingofficial properh methodsmailing envelope for completionabsentee ofballots thein ballota andpolitical returningparty it;g o t hr primary shall contain a designation of party affiliation;

andg (4)e officiali transmittalk envelopes(3) formailed useballot byinstructions, thedescribing countyh clerkr ini sendings mailedproper methods for completion of the ballot materials.and returning it;

B.h , t, and e u g e b l e e h (4) official transmittal envelopes for use by n d d i = = o h the county clerk in sending mailed ballot materials.

Officiall transmittal] envelopesb and,d officiali mailinga envelopesº fore transmissionB. of mailed ballot materials to and from the county clerk and voters shall be printed in black in substantially similar form.

Official transmittal envelopes and official r i = r t e w d m a n o mailing envelopes for transmission of mailed ballot materials d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 21 - e a n e d r e l u [ A d to and from the county clerk and voters shall be printed in black in substantially similar form.

The form shall ]HSEICº[identify contain the followingvoter pre-and [identifyshall]»HSEIC HSEICºidentify the voter and shallshall»HSEIC econtain ethe 17following printedpre-printed statement to be affirmed by the voter:

"IHJCº"I haveattest notunder penalty of perjury that I am the voter identified on this official mailing envelope and ethat»HJC eI nhave dnot 18and will not vote any other ballot in this election".

[The = = l ] 19 official mailing envelope shall contain a space for the voter a l r i 20 to record the voter's name, registration address and year of t e a t birth] TheHJCºUnder envelopethe shallspace havefor athe securityvoter's flapsignature toshall coverbe thisthe mfollowing mstatement: 21 e d r e 22 information." c e r c 23 SECTION 8.

Section"NOTICE: 1-6-9 NMSA 1978 (being Laws 1969, e a n b 24 Chapter 240, Section 135, as amended) is amended to read:

uThe [only "1-6-9.people who may lawfully mail or h deliver this ballot to the county clerk are the voter, the g o t hr voter's immediate family or the voter's caregiver."»HJC The g e i k envelope shall have a security flap to cover this information." h r i s SECTION 8.

MAILEDSection BALLOTS--MANNER1-6-9 OFNMSA VOTING--DELIVERY1978 .215799.4(being -Laws 211969, -h METHODS.--, A.t, e u g Chapter 240, Section 135, as amended) is amended to read:

Whene votingb al mailede ballot,e theh voter"1-6-9. shall secretly mark the mailed ballot in the manner provided in the Election Code for marking paper ballots, place it in the official inner envelope and securely seal the envelope.

MAILED BALLOTS--MANNER OF VOTING--DELIVERY n d d i = = o h METHODS.-- l ] b ,d i a º e r i = r A.

When voting a mailed ballot, the voter shall t e w d m a n o secretly mark the mailed ballot in the manner provided in the d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 22 - e a n e d r e l u [ A d Election Code for marking paper ballots, place it in the official inner envelope and securely seal the envelope.

The voter shall then [complete ] HSEICºensure the form is complete and»HSEIC sign the form on the reverse of the official mailing envelope [which shall include a statement by the voter under penalty of perjury that the facts stated in the form are true and the voter's name, registration address and year of birth].

If returned by a person other than the voter, the official mailing envelope shall contain the signature, printed e e 17 name and relationship to the voter of the person returning the e e n d 18 ballot.

= = l ] 19 B.

The official mailing envelope may be returned by ah l r i 20 mail using the United States postal service.

The secretary of tu e» ar t state shall implement a free-access tracking system for each mt mh 21g e dl ri e 22 voter to be able to see the status of the voter's mailed ballot ch e r ci 23s while en route to the voter as well as when returned to the eh a, ne bh 24 county clerk.

t u [g e b l e e , gh C.

The official mailing envelope may be returned .215799.4n -d 22d -i = = o h using a commercial delivery service;

provided that unless the l ] b ,d i a º r secretary of state has approved the use of a specific e r = t e w d m a n o commercial delivery service, the voter shall be responsible for thed costsm of: delivery by means of such service.

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 23 - e a n e d r e l u [ A d the costs of delivery by means of such service.

(1) the location of the containers and the days and times the containers will be available to receive ballots are posted by the county clerk at least ninety days before a statewide election or forty-two days before a special e e 17 election;

e e n d 18 (2) the location of a secured container is = = l ] 19 considered a polling place for purposes of electioneering too ah l r i 20 close to the polling place in violation of Section 1-20-16 NMSA tu e» ar t 1978;

mt mh 21g e dl ri e 22 (3) all secured containers shall be monitored ch e r ci 23s by video surveillance cameras and the video recorded by that eh a, ne bh 24 system shall be retained by the county clerk as a record t u [g e b l e e , gh related to voting pursuant to the provisions of Section 1-12-69 .215799.4n -d 23d -i = = o h NMSA 1978;

l ] b ,d i a º r (4) signage at the location of a secured e r = t e w d m a n o container shall inform voters and those dropping off ballots at thed location:m :

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 24 - e a n e d r e l u [ A d the location:

and (5) at least once a day, the county clerk or a full-time deputy county clerk shall collect the ballots from the secured containers, register the date and time stamp on each official mailing envelope and identify the location of the secured container in the ballot register." e e 17 SECTION 9.

Section 1-6-14 NMSA 1978 (being Laws 1971, e e n d 18 Chapter 317, Section 11, as amended) is amended to read:

= = l ] 19 "1-6-14.

HANDLING MAILED BALLOTS.-- ah l r i 20 A.

At any time after mailed ballots have been sent tg eo a t hr to voters and until the fifth day before the election, the mg m 21 e di rk e 22 county clerk may convene an election board to meet during the ch e r ci 23s normal business hours of the office of the county clerk to eh a, nt, b 24 qualify the mailed ballots that are returned.

Before opening e u [g e b l e e h an official mailing envelope, the presiding judge and the .215799.4n -d 24d -i = = o h election judges shall determine that the required information l ] b ,d i a º e has been completed on the reverse side of the official mailing r i = r t e w d m a n o envelope.

B.d m :

Ifb thee voter'sd signatures [orº theo requiredt votern identification]= is.215799.4AIC missing,February the13, presiding2020 judge(11:27am) shalls writek 6m "Rejected"e on- the25 front- ofe thea officialn mailinge envelope.d r e l u [ A d B.

If the voter's signature [or the required voter identification] is missing, the presiding judge shall write "Rejected" on the front of the official mailing envelope.

If, pursuant to Subsection F of Section 1-6-4 NMSA 1978, the voter was notified of the need to comply with federal identification requirements when returning the requested ballot and failed to comply, the judge or election e e 17 clerk shall preserve the inner envelope with the official e e n d 18 mailing envelope and write "Rejected" on the front of the = = l ] 19 official mailing envelope.

The judge or election clerk shall ah l r i 20 enter the voter's name in the signature rosters or register and tu e» ar t shall write the notation "Rejected--Missing Required mt mh 21g e dl ri e 22 Documentary Identification" in the "Notations" column of the ch e r ci 23s register.

The presiding judge shall place the official mailing eh a, ne bh 24 envelope with the attached inner envelope in a container t u [g e b l e e , gh provided for rejected ballots;

provided that if the judge or .215799.4n -d 25d -i = = o h election clerk was required to open the inner envelope to l ] b ,d i a º r determine that the required documentary identification was not included,e ther untallied= ballott shalle bew returnedd tom thea innern envelopeo andincluded, preserved along with the officialuntallied mailingballot envelopeshall inbe areturned containerto provided by the secretaryinner ofd statem for: this 6 purpose.

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 26 - e a n e d r e l u [ A d envelope and preserved along with the official mailing envelope in a container provided by the secretary of state for this purpose.

(3) the official mailing envelope does not contain the required [voter ] documentary identification;

or contain the required [voter e e 17 (4) the person offering to vote is not a voter e e n d 18 as provided in the Election Code.

=[D. = l ] 19 [D.] E.

If] aE. challenge is upheld by unanimous vote a l r i 20 of the presiding judge and the election judges, the official t e a t mailing envelope shall not be opened but shall be placed in a m m 21 e d r e 22 container provided for challenged ballots.

If thea reasonchallenge foris cupheld eby runanimous cvote 23h of the challengepresiding isjudge satisfiedand by the voterelection beforejudges, the conclusionofficial eg ao nt bhr 24mailing ofenvelope theshall countynot canvassbe oropened asbut partshall ofbe anplaced appeal,in thea officialg ue [i mailingk envelopecontainer shallprovided befor openedchallenged andballots. the vote counted.

.215799.4If -the 26reason -for [E.]h F.r i s the challenge is satisfied by the voter before the conclusion h , t, of the county canvass or as part of an appeal, the official e u g e b l e e h mailing envelope shall be opened and the vote counted.

Ifn thed officiald mailingi envelope= has= beeno properlyh subscribed[E. and the voter has not been challenged, the judges or election clerks shall enter the voter's name and residence address as shown on the official mailing envelope and shall make the appropriate notation opposite the voter's name in the "Notations" column of the register.

] F.

If the official mailing envelope has been l ] b ,d i a º e properly subscribed and the voter has not been challenged, the r i = r t e w d m a n o judges or election clerks shall enter the voter's name and d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 27 - e a n e d r e l u [ A d residence address as shown on the official mailing envelope and shall make the appropriate notation opposite the voter's name in the "Notations" column of the register.

e e 17 [G.] H.

For any election in which ten thousand or e e n d 18 more mailed ballots were sent to the voters of a county, only = = l ] 19 during the regular business hours of the office of the county ah l r i 20 clerk during the two weeks preceding the election, between 8:00 tu e» ar t a.m.

on the four days preceding the election and mt mh 21g e dl ri e 22 beginning at 7:00 a.m.

on election day, under the personal ch e r ci 23s supervision of the presiding election judge, shall the election eh a, ne bh 24 judges open the official mailing envelope and the official t u [g e b l e e , gh inner envelope and insert the enclosed ballot into an .215799.4n -d 27d -i = = o h electronic voting machine to be registered and retained until l ] b ,d i a º r votes are counted and canvassed following the closing of the e r = t e w d m a n o polls on election night.

[H.]d I.m :

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 28 - e a n e d r e l u [ A d [H.] I.

[I.][I. J.

] J.

[J.][J. K.

] K.

Section 1-9-7.10 NMSA 1978 (being Laws 2010, e e 17 Chapter 28, Section 8) is amended to read:

e e n d 18 "1-9-7.10.

VOTING SYSTEMS--BALLOT HANDLING AND PROCESSING = = l ] 19 REQUIREMENTS.--Voting systems certified for use in state ah l r i 20 elections shall:

tg eo a t hr A.

accept a ballot that is a minimum of six inches mg m 21 e di rk e 22 wide and a maximum of twenty-four inches long, in dual columns ch e r ci 23s and printed on both sides;

eh a, nt, b 24 B.

accept a ballot in any orientation when inserted e u [g e b l e e h by a voter;

.215799.4n -d 28d -i = = o h C.

have the capability to reject a ballot on which l ] b ,d i a º e a voter has made more than the allowable number of selections r i = r t e w d m a n o in any contest;

D.d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 29 - e a n e d r e l u [ A d D.

[NEW MATERIAL ] SHORT TITLE.--Sections 1-8-10 through 1-8-52 NMSA 1978 may be cited as the "Primary Election e e 17 Law"." e e n d 18 SECTION 12.

Section 1-10-8 NMSA 1978 (being Laws 2019, = = l ] 19 Chapter 212, Section 103) is amended to read:

ah l r i 20 "1-10-8.

BALLOTS--ORDER OF OFFICES AND BALLOT tg eo a t hr QUESTIONS.-- mg m 21 e di rk e 22 A.

In the year in which the president of the United ch e r ci 23s States is elected, the ballot in a primary election and general eh a, nt, b 24 election shall contain, when applicable, partisan offices to be e u [g e b l e e h voted on in the following order:

.215799.4n -d 29d -i = = o h (1) in a presidential primary, president;

l ] b ,d i a º e (2) in a general election, president and vice r i = r t e w d m a n o president as a ticket;

(3)d Unitedm States: senator;

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 30 - e a n e d r e l u [ A d (3) United States senator;

][(12)] (13) metropolitan court;

[(12) e e 17 [(13)] (14) county clerk;

e e n d 18 [(14)] (15) county treasurer;

[and = = l ] 19 (15)] (16) county commission [districts and ah l r i 20 positions with odd-numbered designations];

and tg eo a t hr (17) when applicable:

mg m 21 e di rk e 22 (a) county sheriff;

ch e r ci 23s (b) county assessor;

and eh a, nt, b 24 (c) probate judge.

e u [g e b l e e h B.

In the year in which the governor is elected, .215799.4n -d 30d -i = = o h the ballot in a primary election and general election shall l ] b ,d i a º e contain, when applicable, partisan offices to be voted on in r i = r t e w d m a n o the following order:

(1)d Unitedm States: senator;

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 31 - e a n e d r e l u [ A d (1) United States senator;

e e 17 (11) state representative;

e e n d 18 (12) supreme court;

= = l ] 19 (13) court of appeals;

ah l r i 20 (14) public regulation commission [districts tg eo a t hr with even-numbered designations];

mg m 21 e di rk e 22 (15) public education commission [districts ch e r ci 23s with even-numbered designations];

eh a, nt, b 24 (16) district court;

e u [g e b l e e h [(17) district attorney;

.215799.4n -d 31d -i = = o h (18)] (17) metropolitan court;

l ] b ,d i a º e [(19)] (18) magistrate court;

r i = r t e w d m a n o [(20)] (19) county sheriff;

[(21)]d (20)m county: assessor;

]b (21)e countyd commissions [districtsº ando [(22)t positionsn with= even-numbered.215799.4AIC designations];February 13, 2020 (11:27am) s k m e - 32 - e a n e d r e l u [ A d [(21)] (20) county assessor;

and[(22)] [(23)(21) probatecounty judgecommission ][districts (22)and whenpositions applicable:with even-numbered designations];

HSEICºand»HSEIC HSEICº(22) probate judge;

and»HSEIC [(23) probate judge] HSEICº (22)»HSEIC HSEICº(23)»HSEIC when applicable:

e e 17 (2) board of education of a school district;

eh e n d 18 (3) community college, branch community =g =o lt ]hr 19 college, technical and vocational institute district or ag le r i 20k learning center district;

and th er ai ts (4) special districts listed in order by mh m, 21t, e du rg e 22 voting population of each special district, with the most c e rb cl 23e e h populous listed first and the least populous listed last.

en ad nd bi 24= = o h D.

The ballot in a statewide election shall ul [] b ,d i a º e contain, when applicable, nonpartisan judicial retention and in .215799.4r -i 32= -r at statewidee orw speciald election,m whena applicable,n balloto questions to be voted on in the following order, unless a differentstatewide orderor isspecial prescribedelection, bywhen theapplicable, secretaryballot ofd state:m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 33 - e a n e d r e l u [ A d questions to be voted on in the following order, unless a different order is prescribed by the secretary of state:

(2) voters shall be given the instruction to e e 17 "vote for no more than X";

and eh e n d 18 (3) whenever the two or more positions for the =g =o lt ]hr 19 same office are to be elected to represent the same area with ag le r i 20k terms of different lengths of time, the candidates receiving th er ai ts the highest number of votes shall be elected for the greater mh m, 21t, e d r e 22 length of time, and the candidates receiving the next highest ce u g e rb cl 23e e h number of votes shall be elected for the shorter period of en ad nd bi 24= = o h time.

ul [] b ,d i a º e [E.] F.

When multiple positions for the same .215799.4r -i 33= -r districted,t nonjudiciale officew ared listedm ona then sameo ballotdistricted [and, eachnonjudicial positionoffice isare tolisted beon elected individually ] or the qualificationssame forballot oned orm more: at large position is distinct from the qualifications for the rest:

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 34 - e a n e d r e l u [ A d [and each position is to be elected individually] or the qualifications for one or more at large position is distinct from the qualifications for the rest:

[and (3) whenever two or more positions for the same office are to be elected to represent the same area with e e 17 terms of different lengths of time, the secretary of state eh e n d 18 shall first group the offices with the shorter length of time =u =» lr ] 19 and shall designate each position with "for a term expiring at lh rg ie 20l i ___", specifying the date the term expires.

th er ai ts F.] G.

When multiple positions for the same mh m, 21 e dh r e 22 judicial office are listed on the same ballot and each position ct u g e rb cl 23e e , gh is to be elected or voted on individually:

en ad nd bi 24= = o h (1) district, metropolitan and magistrate ul [] b ,d i a º r court positions, either for partisan election or for .215799.4e -r 34= -t e w d m a n o nonpartisan judicial retention, shall appear on the ballot in ascendingd numericalm order: of the division number assigned to each position;

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 35 - e a n e d r e l u [ A d ascending numerical order of the division number assigned to each position;

and (3) supreme court and court of appeals for nonpartisan judicial retention shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the e e 17 seniority of the justice or judge seeking retention, with the eh e n d 18 highest seniority listed first." =u =» lr ] 19 SECTION 13.

Section 1-12-65 NMSA 1978 (being Laws 1977, at lh rg ie 20l i Chapter 222, Section 68, as amended) is amended to read:

th er ai ts "1-12-65.

[EMERGENCY SITUATIONS ] PAPER BALLOTS--COUNTING mh m, 21 e dh r e 22 AND TALLYING PROCEDURES.-- ct u g e rb cl 23e e , gh A.

The presiding judge and the election judges, en ad nd bi 24= = o h assisted by the election clerks, shall count the number of ul [] b ,d i a º r paper ballots that were not tabulated by the electronic vote .215799.4e -r 35= -t e w d m a n o tabulator, write the number of such ballots on each copy of the certificated ofm returns: for that polling place and place the paper ballots that were not tabulated by the electronic vote tabulator in an envelope provided for that purpose.

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 36 - e a n e d r e l u [ A d certificate of returns for that polling place and place the paper ballots that were not tabulated by the electronic vote tabulator in an envelope provided for that purpose.

e e 17 C.

[The tallying of paper ballots that were not eh e n d 18 tabulated by the electronic vote tabulator at the polling place =u =» lr ] 19 and the counting of ballots with write-in votes shall be in at lh rg ie 20l i accordance with procedures prescribed by the secretary of th er ai ts state] If the county clerk receives an envelope pursuant to mh m, 21 e dh r e 22 Subsection A or B of this section and the absent voter election ct u g e rb cl 23e e , gh board has not adjourned, the envelope shall be logged and en ad nd bi 24= = o h transmitted to the absent voter election board to be tallied ul [] b ,d i a º r immediately.

If the envelope is received by the county clerk .215799.4e -r 36= -t aftere thew absentd voterm electiona boardn haso adjourned,after the envelopeabsent shallvoter be logged and transmitted to the county canvass election board tohas beadjourned, tallied and included in the canvassd reportm of: that county for the appropriate precinct." SECTION 14.

b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 37 - e a n e d r e l u [ A d envelope shall be logged and transmitted to the county canvass election board to be tallied and included in the canvass report of that county for the appropriate precinct." SECTION 14.

or e e 17 (4) ballots with write-in votes not previously eh e n d 18 counted;

=g =o lt ]hr 19 [A.] B.

prepare the report of the canvass of the ag le r i 20k election returns by carefully examining the returns of each th er ai ts precinct to ascertain if they contain the properly executed mh m, 21t, e d r e 22 certificates required by the Election Code and to ascertain ce u g e rb cl 23e e h whether any discrepancy, omission or error appears on the face en ad nd bi 24= = o h of the election returns;

and ul [] [B.]b C.,d i a º e [B.

present] theC. report of the canvass to the .215799.4 - 37 - county canvassing board for the board's consideration and approval." SECTION 15.

present the report of the canvass to the r i = r t e w d m a n o county canvassing board for the board's consideration and d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 38 - e a n e d r e l u [ A d approval." SECTION 15.

Within [ten[ten] ] thirty days after submission of the original draft and suggested popular name, the secretary of state shall:

e e 17 (1) approve and certify the original draft of eh e n d 18 the petition and approve and certify the suggested popular name =g =o lt ]hr 19 or a more suitable and correct popular name;

or ag le r i 20k (2) disapprove the original draft and specify th er ai ts each deficiency not in compliance with the law." mh m, 21t, e d r e 22 SECTION 16.

Section 1-17-10 NMSA 1978 (being Laws 1969, ce u g e rb cl 23e e h Chapter 240, Section 395) is amended to read:

en ad nd bi 24= = o h "1-17-10.

REFERENDUM PETITIONS--SUFFICIENCY OR ul [] b ,d i a º e INSUFFICIENCY.--The secretary of state shall ascertain and .215799.4r -i 38= -r t e w d m a n o declare the sufficiency or insufficiency of each complete referendumd petitionm within: [fifteen ] thirty days after it is filed in [his] the secretary's office." SECTION 17.

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 39 - e a n e d r e l u [ A d referendum petition within [fifteen] thirty days after it is filed in [his ] the secretary's office." SECTION 17.

e e 17 B.

The secretary of state shall by resolution issue eh e n d 18 a public proclamation in Spanish and English calling a regular =g =o lt ]hr 19 local election.

The proclamation shall be issued and filed by ag le r i 20k the secretary of state in the office of the secretary of state th er ai ts ninety days preceding the date of the regular local election, mh m, 21t, e d r e 22 and upon filing the proclamation, the secretary of state shall ce u g e rb cl 23e e h post the proclamation and certify it to each county clerk.

en ad nd bi 24= = o h C.

ul [] b ,d i a º e (1) the date when the election will be held;

.215799.4r -i 39= -r t e w d m a n o (2) each elective office, local governing body andd judicialm position: to be filled;

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 40 - e a n e d r e l u [ A d and judicial position to be filled;

After receipt of the proclamation from the secretary of state, the county clerk shall post the entire proclamation on the county clerk's website and, not less than seventy-five days before the date of the election, shall publish portions of the proclamation relevant to the county at least once in a newspaper of general circulation within the e e 17 county.

The publication of the proclamation shall conform to eh e n d 18 the requirements of the federal Voting Rights Act of 1965, as =g =o lt ]hr 19 amended, and shall specify:

ag le r i 20k (1) the date when the election will be held;

th er ai ts (2) for each local government situated in mh m, 21t, e d r e 22 whole or in part in the county, each elective executive, local ce u g e rb cl 23e e h governing body and judicial position to be filled by voters of en ad nd bi 24= = o h any precinct in the county;

ul [] b ,d i a º e (3) the date on which declarations of .215799.4r -i 40= -r t e w d m a n o candidacy are to be filed and the date on which declarations of intentd tom be: a write-in candidate are to be filed;

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 41 - e a n e d r e l u [ A d intent to be a write-in candidate are to be filed;

Whenever two or more members of a local governing body are to be elected at large for terms of the same length of time, the secretary of state shall numerically designate the positions on the ballot as "position one", "position two" and such additional consecutively numbered e e 17 positions as are necessary, but only one member shall be eh e n d 18 elected for each position.

Whenever two or more members of a =g =o lt ]hr 19 local governing body are to be elected to represent the same ag le r i 20k area with terms of different lengths of time, the secretary of th er ai ts state shall list the office with the shorter length of time mh m, 21t, e d r e 22 first and shall designate each position with "for a term ce u g e rb cl 23e e h expiring ___".]" en ad nd bi 24= = o h SECTION 18.

Section 1-26-5 NMSA 1978 (being Laws 2019, ul [] b ,d i a º e Chapter 212, Section 176) is amended to read:

.215799.4r -i 41= -r t e w d m a n o "1-26-5.

JUDICIAL RETENTION--DISTRICT COURT JUDGES.-- A.d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 42 - e a n e d r e l u [ A d A.

e e 17 C.] B.

The administrative office of the courts eh e n d 18 shall maintain current on its website a list of the names and =g =o lt ]hr 19 division numbers of the currently serving judges of each ag le r i 20k judicial district and the year in which the term of office for th er ai ts each position expires.

mh m, 21t, e d r e 22 [D.] C.

As used in this section, "division" means ce u g e rb cl 23e e h the divisions established pursuant to Section 34-6-18 NMSA en ad nd bi 24= = o h 1978." ul [] b ,d i a º e SECTION 19.

Section 1-26-6 NMSA 1978 (being Laws 2019, .215799.4r -i 42= -r t e w d m a n o Chapter 212, Section 177) is amended to read:

"1-26-6.d m :

b e d s º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e - 43 - e a n e d r e l u [ A d "1-26-6.

The administrative office of the courts shall maintain current on its website a list of the names and e e 17 division numbers of the currently serving judges of the eh e n d 18 metropolitan court and the year in which the term of office for =g =o lt ]hr 19 each position expires.

ag le r i 20k [D.] C.

As used in this section, "division" means th er ai ts the divisions established pursuant to Subsection B of Section mh m, 21t, e34-8A-4 dNMSA r1978." e 22u 34-8A-4g NMSAe 1978."b cl e re ch 23 SECTION 20.

TEMPORARY PROVISION--RECOMPILATION.--The en ad nd bi 24= = o h compiler shall recompile Section 2-21-1 NMSA 1978 (being Laws ul [] b ,d i a º e 2019, Chapter 262, Section 15) as part of the Campaign .215799.4r -i 43= -r t e w d m a n o Reporting Act.

SECTIONd 21.m :

APPLICABILITY.--Theb provisionse ofd thiss actº applyo tot then procedures= for.215799.4AIC conductingFebruary any13, election2020 occurring(11:27am) ons ork afterm thee effective- date44 of- thise act.a n e d r e l u [ A d HSEICºSECTION 21.

TEMPORARY PROVISION--COMPILER'S INSTRUCTION.--The New Mexico compilation commission shall rename in tables of contents and headings Chapter 2, Article 21 NMSA 1978 as "Recompiled".

REPEAL.--Laws 2018, Chapter 79, Section 162 is repealed.»HSEIC SECTION HSEICº21»HSEIC HSEICº23»HSEIC.

APPLICABILITY.-- The provisions of this act apply to the procedures for conducting any election occurring on or after the effective date of this act.

SECTION HSEICº 22»HSEIC HSEICº24»HSEIC.

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b r e t º o t n = .215799.4AIC February 13, 2020 (11:27am) s k m e e a n e d r e l u [ A d