SB 4 — TEMPORARY ELECTION CHANGES
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced June 18, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
4 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 R · 1 D) — cross-party backing.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
397 added · 671 removedPlain-language change summary
The updated version of Bill SB 4 makes a few significant changes regarding voter registration. It now allows voters who are not affiliated with a major political party to change their party registration at the polling place before they cast their vote. Additionally, the bill creates a task force to allow emergency actions by the Secretary of State during elections, which could help address unexpected issues. These changes aim to make the voting process more accessible and responsive, especially in times of crisis.
SENATE BILL 4 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 2020 INTRODUCED BY Daniel A.
Ivey-Soto and Gabriel Ramos and Linda M.
Trujillo and D.
Wonda Johnson This document incorporates amendments that have been adopted during the current legislative session.
The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.
CREATING THE LEGISLATIVE h ELECTORAL HEALTH AND SAFETY TASK FORCE TO AUTHORIZE EMERGENCY g o ACTIONS BY THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS;
t hr g e i k Sfl3º ALLOWING VOTERS THAT ARE NOT AFFILIATED WITH A MAJOR h r i s POLITICAL PARTY TO CHANGE PARTY REGISTRATION AT A VOTING h , t, LOCATION BEFORE VOTING;»Sfl3VOTING; PROVIDING FOR A DELAYED REPEAL e u g e b l e e h H/failedºSfl2º;
DECLARINGPROVIDING ANFOR EMERGENCY»Sfl2A »H/failed.DELAYED REPEAL.
n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
rSECTION i = r t e w d m a n o Sfl3ºSECTION 1.
Section 1-4-5.7 NMSA 1978 (being Laws d2019, mChapter :67, Section 1) is amended to read:
b e d s º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e e a n e d r e l u [ A d 2019, Chapter 67, Section 1) is amended to read:
During a statewide election, a qualified SB 4 Page 1 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.
h u provided that if the county clerk establishes an additional » r t h alternate voting location near the clerk's office in lieu of g e l i h r voting at the office of the county clerk, a qualified elector i s h , may register to vote or update an existing certificate of e h t u g registration at that location during the regular hours and days e b l e e , gh n d d i of business beginning on the twenty-eighth day preceding the = = o h l ] b ,d election and during the hours for voting at alternate voting i a º r e r = locations commencing on the third Saturday prior to the telection ethrough wthe dSaturday mimmediately aprior nto othe delection. m :
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e -2- e a n e d r e l u [ A d election through the Saturday immediately prior to the election.
provided that ninety days before the election, the county clerk shall post the location of each alternate voting location where a qualified elector may register to vote or update an existing certificate of registration immediately SB 4 Page 2 before voting.
provided that the secretary of state shall h u establish procedures to ensure that a registration officer has » r t h an opportunity to review the information of a qualified elector g e l i h r who registers to vote or updates an existing certificate of i s h , registration immediately before the qualified elector votes on e h t u g election day.
e b l e e , gh n d d i E.
A voter whose political party affiliation on the = = o h l ] b ,d voter's certificate of registration is with a major political i a º r e r = party shall not be allowed to change party affiliation when tupdating ean wexisting dcertificate mof aregistration nor oregistering dto mvote :at an early voting site or polling place during a primary election.
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e -3- e a n e d r e l u [ A d updating an existing certificate of registration or registering to vote at an early voting site or polling place during a primary election.
A qualified elector seeking to register to vote or update an existing certificate of registration immediately SB 4 Page 3 before voting shall provide:
or h u (3) a current valid student photo » r t h identification card from a post-secondary educational g e l i h r institution in New Mexico accompanied by a current student fee i s h , statement that contains the student's address in the county.
e h t u g H.
If an early voting site or polling place does e b l e e , gh n d d i not have real-time access to the statewide electronic voter = = o h l ] b ,d file, a voter desiring to update an existing certificate of i a º r e r = registration or to register to vote shall be issued a tprovisional eballot. w d m a n o d m :
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e -4- e a n e d r e l u [ A d provisional ballot.
No later than June 30, 2021 and upon the approval of the voting system certification committee, the 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."»Sfl3section." SECTIONSB Sfl3º1»Sfl34 Sfl3º2»Sfl3.Page 4 SECTION 2.
[NEW MATERIAL ] CONDUCT OF ELECTION--2020 GENERAL ELECTION--SPECIALELECTION-- SPECIAL PROVISIONS AND CONTINGENCIES.-- A.
To the greatest extent possible, the provisions of this section are to be read as supplemental to h u and in harmony with the provisions of the Election Code;
» r t h provided, however, that if a direct conflict exists with other g e l i provisions in the Election Code, the provisions of this section h r i s h , shall apply.
e h t u g B.
Each election day polling location established e b l e e , gh in the 2019 polling place resolution for each county or a n d d i = = o h l ] b ,d location established by any subsequent amendment to such a i a º r e r = resolution shall operate as a voter convenience center;
tprovided ethat wthe dsecretary mof state may authorize an election day polling location that is not located on Indian nation, tribal or pueblo land to operate as a nmail oballot delection mprecinct :if:
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e -5- e a n e d r e l u [ A d provided that the secretary of state may authorize an election day polling location that is not located on Indian nation, tribal or pueblo land to operate as a mail ballot election precinct if:
and (2) the request is for a specific election day polling location that is unable to meet the data connectivity requirements for voter convenience centers or is SB 4 Page 5 located in a remote area of a county.
If, as h a result of public health concerns, voters registered within u » r the Indian nation, tribe or pueblo are unable to leave the t h g e l i Indian nation, tribe or pueblo during the time when voting h r i s occurs for the 2020 general election, regardless of whether h , e h voters residing outside the boundaries of the Indian nation, t u g e b l e e , gh tribe or pueblo are able to access such polling locations, n d d i = = o h there shall be at least one polling location within the l ] b ,d i a º r boundaries of the Indian nation, tribe or pueblo.
e r = t e w d m a n o D.
Each county clerk may automatically deliver to deach mmailable :voter in the county a mailed ballot application.
bThe rdetermination eby teach ºcounty oclerk tto nautomatically =deliver .217983.3AICto Juneeach 19,mailable 2020voter (10:30am)in sthe kcounty ma emailed -ballot 6application -shall ehave abeen ncommunicated ein dwriting rto ethe lsecretary uof [state Ano dlater eachthan mailableninety voterdays inbefore the county2020 SRCºeither»SRCgeneral aelection; mailed ballot application SRCºor a mailed ballot»SRC.
Theprovided determinationthat byno each county clerk is obligated to automatically deliver to each mailable voter in the county SRCºeither»SRC a mailed ballot application SRCºor a mailed ballot»SRC shall have been communicated in writing to theeach secretarymailable voter of state no later than ninety days before the 2020county. general election;
providedIf thata no county clerk isautomatically obligateddelivers to automaticallyeach delivermailable SRCºvoter either»SRCof SB 4 Page 6 the county a mailed ballot applicationapplication, SRCºorthe aapplications shall be mailed ballot»SRCbeginning toon eachthe mailablefiftieth voterday ofbefore the county.2020 general election.
Show all 96 changed lines (56 more)
IfAs aused countyin clerkthis automaticallysubsection, deliversa to"mailable eachvoter" mailableis a voter of thea county aother mailedthan ballota application,voter: the applications shall be mailed beginning on the fiftieth day before the 2020 general election.
SRCº(1) Ifto whom a countynotice clerkwas automaticallysent deliverspursuant to each»SRCSubsection SRCºmailableC voter of theSection county1-4-28 aNMSA mailed1978 ballot,in the2016, ballots2018 shallor be2020, mailedand beginningsubsequent onto the thirty-secondsending dayof h before the 2020»SRCmost SRCºgeneralrecent election.»SRCnotice: As used in this g o t hr subsection, a "mailable voter" is a voter of a county other g e i k than a voter:
h(a) rdid inot sreturn (1)the toprepaid whomand apre-addressed noticereturn wascard sentprovided pursuant to hthat ,section; t, e u g Subsection C of Section 1-4-28 NMSA 1978 in 2016, 2018 or 2020, e b l e e h and subsequent to the sending of the most recent notice:
n(b) dhas d i = = o h (a) did not returnfiled thea prepaidnew andor lamended ]certificate bof ,dregistration iwith a ºnew eaddress rat iwhich =election-related rmail pre-addressedis return card provided pursuant to thatbe section;sent;
t e w d m a n o (b) has not filed a new or amended d m :
b e d s º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 7 - e a n e d r e l u [ A d certificate of registration with a new address at which election-related mail is to be sent;
The secretary of state shall implement the United States postal service intelligent barcode system to be SB 4 Page 7 utilized on the envelope containing the unvoted mailed ballot sent to a voter and on the official mailing envelope for use by h a voter to return the voted mailed ballot.
In addition, each g o t hr mailed ballot sent to a voter in the 2020 general election g e i k shall contain the following notice:
"This ballot may be h r i s returned to the office of the county clerk or any open polling h , t, location in the county Sfl1º where you are registered to evote u g e b l e e h vote»Sfl1 at any time up to and including the day of the n d d i = = o h general election.
If this ballot is returned by mail, to l ] b ,d i a º e ensure timely postal delivery to the county clerk, the ballot r i = r t e w d m a n o should be mailed no later than Tuesday, October 27, 2020.".
dF. m :
b e d s º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 8 - e a n e d r e l u [ A d F.
If the application for a mailed ballot from a voter who is not a federal qualified elector indicates that the mailed ballot is to be delivered to an address other than SB 4 Page 8 an address listed on the voter's certificate of registration, the county clerk shall prepare a notice of requested mailed ballot.
h The notice of requested mailed ballot shall inform the voter of u » r the address to which the ballot was mailed along with the phone t h g e l i number of the county clerk's office and the internet address of h r i s the voter web portal provided by the secretary of state.
The h , e h notice of requested mailed ballot shall be delivered to the t u g e b l e e , gh address provided on the voter's certificate of registration on n d d i = = o h the same day the county clerk delivers the mailed ballot to the l ] b ,d i a º r address requested by the voter.
e r = t e w d m a n o H.
An application for a mailed ballot from a voter dwho mis :a federal qualified elector is timely if received by the county clerk no later than Tuesday, October 27, 2020;
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 9 - e a n e d r e l u [ A d who is a federal qualified elector is timely if received by the county clerk no later than Tuesday, October 27, 2020;
To return a mailed ballot, each voter shall provide in the space provided for that purpose under the privacy flap of the official mailing envelope SRCºthe a»SRCvoter's SRCºthe voter's»SRC signature on a line located under the required attestation SB 4 Page 9 and the last four digits of the voter's social security number, which shall constitute the required voter identification.
The attestation shall include the pre-printed name of the voter to whom the mailed ballot was h sent.
No additional information shall be required of a voter u » r to return a mailed ballot.
t h g e l i J.
Upon receipt of a mailed ballot, the county h r i s clerk shall remove the privacy flap to verify that the voter h , e h signed the official mailing envelope and confirm that the last t u g e b l e e , gh four digits of the social security number provided by the voter n d d i = = o h matches the information on the voter's certificate of l ] b ,d i a º r registration.
If the signature is present and the last four edigits rof =the tvoter's esocial wsecurity dnumber mmatch, athe ncounty oclerk digitsshall ofnote in the voter'sabsentee socialballot securityregister numberthat match,the ballot was accepted and shall transfer the countyballot dto mthe :special deputy for mailed ballots for delivery to the absent voter election board.
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 10 - e a n e d r e l u [ A d clerk shall note in the absentee ballot register that the ballot was accepted and shall transfer the ballot to the special deputy for mailed ballots for delivery to the absent voter election board.
If the mailed ballot is rejected, the county clerk shall within one day send the voter a notice of rejection, along with information SB 4 Page 10 regarding how the voter may cure the reason for the rejection.
In addition to existing procedures in the h Election Code for qualifying a previously rejected absentee u » r ballot after election day, a previously rejected absentee t h g e l i ballot may be qualified by the presiding judge and election h r i s judges of the absent voter election board before the day of the h , e h 2020 general election if the ballot was rejected for the lack t u g e b l e e , gh of a signature or missing required voter identification if the n d d i = = o h voter provides such information pursuant to procedures l ] b ,d i a º r established by the secretary of state.
e r = t e w d m a n o K.
On election night, the absent voter election dboard mshall :recess upon the earlier of completion of its work or 11:00 p.m.
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 11 - e a n e d r e l u [ A d board shall recess upon the earlier of completion of its work or 11:00 p.m.
(2) mailed ballots delivered to an election SB 4 Page 11 board not previously tabulated;
h M.
Certificates of registration and cancellations u » r of existing voter registrations not processed until after the t h g e l i election pursuant to existing law may be processed by the h r i s county clerk beginning the first Monday following the election;
h , e h provided that such certificates of registration and t u g e b l e e , gh cancellations of existing voter registrations shall be n d d i = = o h processed beginning the first business day following approval l ] b ,d i a º r of the report of the county canvass by the county canvassing e r = t e w d m a n o board.
dN. m :
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 12 - e a n e d r e l u [ A d N.
A public health order issued regarding the conduct of the 2020 general election shall specify areas of the state to which the order applies and shall specify for each county in the areas covered by the order the severity of the public health SB 4 Page 12 issues necessitating the public health order and make specific recommendations to mitigate the health issues described.
If the secretary of health issues a h public health order regarding the conduct of the 2020 general u » r election on or before the sixtieth day before the 2020 general t h g e l i election, the secretary of state shall, in consultation with h r i s each county clerk in an area identified in the public health h , e h order, implement changes in the conduct of the 2020 general t u g e b l e e , gh election only to the extent necessary for the preservation of n d d i = = o h the health and safety of county clerks and their staffs, l ] b ,d i a º r election board members and voters.
If the secretary of health eissues ra =public thealth eorder wafter dthe msixtieth aday nbefore othe issues2020 ageneral publicelection, healththe ordersecretary afterof thestate sixtiethmay dayprovide beforeguidance to county clerks on best practices for the dpreservation mof :the health and safety of county clerks and their staffs, election board members and voters;
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 13 - e a n e d r e l u [ A d general election, the secretary of state may provide guidance to county clerks on best practices for the preservation of the health and safety of county clerks and their staffs, election board members and voters;
The legislative electoral health and safety task force may meet using remote means and is composed of the SRCºpresident speaker of the house of representatives»SRC SRCºpresident pro tempore of the senate»SRC,senate, who shall serve as chair, the SRCºpresidentspeaker pro tempore of the senate»SRC SRCºspeaker of the house of representatives»SRC,representatives, who shall serve as vice chair, and the SB 4 Page 13 majority floor leaders and minority floor leaders of each house;
The legislative electoral h health and safety task force may, in response to and in u » r accordance with recommendations in the public health order as t h g e l i provided in this subsection, authorize the secretary of state h r i s to institute procedures and measures to ensure the health and h , e h safety of county clerks and their staffs, election board t u g e b l e e , gh members and voters in the conduct of the election.
n d d i = = o h P.
Nothing in this section shall alter or modify l ] b ,d i a º r the time lines or procedures provided in the Uniform Military eand rOverseas =Voters tAct eexcept wfor dthe mdeadlines aprovided nin othis andsection Overseasfor Votersthe Actrequest exceptof fora themilitary-overseas deadlinesballot providedby ina dvoter mwho :is a federal qualified elector.
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 14 - e a n e d r e l u [ A d this section for the request of a military-overseas ballot by a voter who is a federal qualified elector.
The secretary of state shall deposit sufficient funds in the business reply mail account for each county clerk to ensure delivery of all certificates of voter registration, mailed ballot applications and returned mailed SB 4 Page 14 ballots.
h T.
Notwithstanding any limitations to the contrary, g o t hr the state board of finance shall authorize sufficient funds to g e i k be timely distributed to the secretary of state and the h r i s department of health for necessary and reasonable expenses h , t, incurred pursuant to this section." e u g e b l e e h SECTION Sfl3º3. 2»Sfl3 Sfl3º3»Sfl3.
DELAYED REPEAL.--REPEAL.--Section n d d i = = o h Section 1-12-72 NMSA 1978 is repealed effective December 31, l ] b ,d i a º e 2020.
r i = r t e w d m a n o SECTION Sfl3º4. 3»Sfl3 Sfl3º4»Sfl3 .
APPLICABILITY.--The dprovisions mof :Section 1-12-72 NMSA 1978 apply to the conduct of the 2020 general election.
bSB e4 dPage s º o t n = .217983.3AIC June 19, 2020 (10:30am) s k m e - 15 -25 e a n e d r e l u [ A d provisions of Section 1-12-72 NMSA 1978 apply to the conduct of the 2020 general election.
Sfl2º SECTION Sfl3º4»Sfl3 Sfl3º5»Sfl3.
EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately»Sfl2.
- 16 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .217983.3AIC June 19, 2020 (10:30am) s k em e - 16 - e a n e d r e l u [ A d
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View plain text versions (3)
- Final Version View text Current pdf
- Amended Amendments in Context pdf
- Introduced introduced version pdf
Action History
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Signed
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passed House
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motion to reconsider adopted
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failed passage in House
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DO PASS committee report adopted
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Sent to House Judiciary Committee
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passed Senate
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floor substitute adopted (3 amendment)
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DO PASS, as amended, committee report adopted
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Sent to Senate Rules Committee
Sponsors
- D. Wonda Johnson · Primary
- Daniel A. Ivey-Soto · Primary
- Gabriel Ramos · Primary
- Linda M. Trujillo · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 0 co-sponsors · 108 not signed on
Sponsors (4)
- Johnson, D. Wonda
- Ivey-Soto, Daniel A.
- Gabriel Ramos Republican
- Linda M. Trujillo Democrat
Co-sponsors (0)
None.
Not signed on (108)
108 members have not signed on to this bill.
Show all 108 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 4?
- SB 4 is sponsored by Johnson, D. Wonda, Ivey-Soto, Daniel A., Gabriel Ramos (Republican), and Linda M. Trujillo (Democrat).
- What is the current status of SB 4?
- This bill has been enacted into law. Introduced June 18, 2020. Enacted.
- Where can I track SB 4?
- Track SB 4 free on One Click Politics — get push/email alerts when it moves.
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