HB 74 — FELON VOTING RIGHTS CHANGES

HOUSE BILL 74 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Gail Chasey 6This 8document FORmay THEincorporate COURTS,amendments CORRECTIONSproposed ANDby JUSTICEa COMMITTEEcommittee, 10but ANnot ACTyet RELATINGadopted, TOas ELECTIONS;well as amendments that have been adopted during the current legislative session.

REPEALINGThe CANCELLATIONdocument OFis VOTINGa REGISTRATIONtool AFTERto FELONYshow CONVICTION;amendments in context and cannot be used for the purpose of adding amendments to legislation.

AMENDING,h REPEALINGg o t hr g e i k h r i s FOR THE COURTS, CORRECTIONS AND ENACTINGJUSTICE SECTIONSCOMMITTEE OFh LAW., t, e u g e b l AN ACT e e h n d d i = = o h RELATING TO ELECTIONS;

14REPEALING BECANCELLATION ITOF ENACTEDVOTING BYl THE] LEGISLATUREb OF,d THEi STATEa OFº NEWe MEXICO:REGISTRATION AFTER FELONY CONVICTION;

AMENDING, REPEALING AND r i = r t e w d ENACTING SECTIONS OF LAW.

m a n o d m :

b e d s º o t n = .218447.1AIC February 12, 2021 (3:38pm) s k m e e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1-4-24 NMSA 1978 (being Laws 1969, e t 17 Chapter 240, Section 80, as amended) is amended to read:

w l n d 18 "1-4-24.

CANCELLATION OF REGISTRATION--COUNTY CLERK-- = = 19 GROUNDS.--The county clerk shall cancel certificates of a l i a e r 20 registration for the following reasons:

a t m m 21 A.

d r e 22 [B.

c e s k 23 C.] B.

or e[D. a n b 24 [D.] C.

at] theC. direction of the board of u [ registration." .218447.1 SECTION 2.

at the direction of the board of registration." SECTION 2.

[NEW MATERIAL ] INMATES INELIGIBLE TO VOTE OR h REGISTER TO VOTE--ELIGIBILITY TO VOTE AND REGISTER TO VOTE UPON g o RELEASE.-- t hr g e i k A.

A voter is ineligible to vote while imprisoned h r i s in a correctional facility as part of a sentence for a felony h , t, conviction.

Except as provided in this section, a qualified e u g e b l e e h elector is ineligible to register to vote while imprisoned in a n d d i = = o h correctional facility as part of a sentence for a felony l ] b ,d i a º e conviction.

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

At the time an inmate is preparing for release from a state correctional facility, if the inmate is a voter or qualified elector, the inmate shall be given an opportunity to register to vote, or update an existing registration, by means e e 17 of a transaction with the motor vehicle division of the e e n d 18m taxation: and revenue department prior to the inmate's release = = l ] 19 from custody.

Ifb thee inmated doess notº conducto at transactionn a= l.218447.1AIC rFebruary i12, 202021 with(3:38pm) thes motork vehiclem divisione of- the2 taxation- ande revenuea tn e ad tr departmente priorl tou the[ inmate'sA released from custody,a thestate mcorrectional mfacility, 21if ethe dinmate correctionsis departmenta shallvoter provideor qualified elector, the inmate anshall opportunitybe rgiven ean 22opportunity c e r c 23 to register to votevote, or update an existing registrationregistration, by means eof a ntransaction bwith 24the ofmotor anvehicle onlinedivision portalof provided by the secretarytaxation ofand staterevenue or,department ifprior uto [the suchinmate's arelease portalfrom iscustody. not available, by means of a paper .218447.1 - 2 - registration form.

If the inmate does not conduct a transaction with the motor vehicle division of the taxation and revenue department prior to the inmate's release from custody, the corrections department shall provide the inmate an opportunity to register to vote or update an existing registration by means of an online portal provided by the secretary of state or, if such a portal is not available, by means of a paper registration form.

In addition to being ineligible to vote, a voter who is an inmate shall be considered to have changed the voter's address from the voter's precinct of registration, pursuant to Section 1-4-28 NMSA 1978, and shall follow the h procedures of that section, provided that the secretary of g o state shall not send a confirmation mailing to a voter who is t hr g e i k an inmate.

h r i s D.

The corrections department shall deliver to the h , t, secretary of state information and data necessary to carry out e u g e b l the provisions of this section.

The secretary of state shall maintaine currente informationh inn thed statewided voteri registration= electronic= managemento systemh onmaintain thecurrent ineligibilityinformation statusin ofthe anstatewide inmatevoter tol vote] orb register,d toi votea pursuantº to e eregistration 17electronic thismanagement section,system ason wellthe asineligibility anr inmate'si eligibility= statusr tot vote e ew n d 18status uponof releasean andinmate to register to vote or updateregister anto existingvote =pursuant =to lm ]a 19n votero registrationd whilem preparing: for release.

ab le rd is 20º Notwithstandingo a person's status in the statewide voter t en a= t.218447.1AIC registrationFebruary electronic12, management2021 system,(3:38pm) as voterk or a m m 21 e d- qualified3 elector- whoe appears personally before a countyn clerk, r e 22d cr e rl cu 23[ theA clerk'sd authorizedthis representativesection, oras awell precinctas boardan einmate's aeligibility nstatus bto 24vote memberupon isrelease presumedand eligible to vote or register to vote uor [update pursuantan toexisting thevoter provisionsregistration ofwhile thispreparing section."for .218447.1release. - 3 - SECTION 3.

SectionHfl1º 31-13-1If NMSAan 1978inmate (beingis Lawsrequired 1963,to Chapterregister 303,as Sectiona 29-14,sex asoffender amended)pursuant isto repealedthe provisions of the Sex Offender Registration and Notification Act, the secretary of state shall not update the inmate's registration in the statewide voter registration electronic management system until the inmate has registered as a newsex Sectionoffender.»Hfl1 31-13-1Notwithstanding NMSAa 1978person's status in the statewide voter registration electronic management system, a voter or a qualified elector who appears personally before a county clerk, the clerk's authorized representative HJCºor»HJC HJCº ,»HJC a precinct board member HJCºor at an office of the motor vehicle division of the taxation and revenue department»HJC is enactedpresumed eligible to read:vote or register to vote pursuant to the provisions of this section Hfl1º unless the h person has not yet registered as a sex offender pursuant to the u » r provisions of the Sex Offender Registration and Notification t h g e l i Act»Hfl1 ." h r i s HJCº E.

"31-13-1.All persons released from imprisonment who h , e h t u g are otherwise qualified to register to vote or to vote are e b l e e , gh automatically presumed eligible to register and vote.»HJC n d d i = = o h SECTION 3.

[NEWSection MATERIAL31-13-1 NMSA 1978 (being Laws 1963, l ] FELONYb CONVICTION--RESTORATION,d OFi RIGHTS.--a A.º r e r = Chapter 303, Section 29-14, as amended) is repealed and a new t e w d m a n o Section 31-13-1 NMSA 1978 is enacted to read:

d m :

b r e t º o t n = .218447.1AIC February 12, 2021 (3:38pm) s k m e - 4 - e a n e d r e l u [ A d "31-13-1.

[NEW MATERIAL] FELONY CONVICTION--RESTORATION OF RIGHTS HJCºTO HOLD AN OFFICE OF PUBLIC TRUST»HJC .-- A.

The rights of a person who has been convicted of a felony in this state HJCº to hold an office of public trust»HJC are restored if the person receives a pardon or, for purposes of this state only, if the governor of New Mexico issues the person a certificate of restoration of rights.

The rights of a person who has been convicted of a felony in another state HJCº to hold an office of public trust»HJC are restored if the governor of that e e 17 state issues the person a pardon or other restoration of rights e e n d 18 or, for purposes of this state only, if the governor of New = = l ] 19 Mexico issues the person a certificate of restoration of a l r i 20 rights.

t e a t D.

The rights of a person who has been convicted of m m 21 e d a felony in federal court areHJCº restoredto ifhold thean presidentoffice of thepublic rh etrust»HJC 22are crestored eif rthe cpresident 23of the United States u » r issues the person a pardon or other restoration eof arights nor, bt 24h ofg rightse or, for purposes of this state only, if the governor u [ of New Mexico l i h r i s issues the person a certificate of restoration of .218447.1rights." -h 4, -e rights."h - 5 - 4t 6u 8g 10e 12b 14l 16 e e 17, egh e n d 18d i = = o h l ] 19b a,d l r i 20 t e a tº mr m 21 e d r e= 22t c e rw cd 23m e a n bo 24d um [: .218447.1

b r e t º o t n = .218447.1AIC February 12, 2021 (3:38pm) s k m e e a n e d r e l u [ A d