New Mexico 2021 Regular Session Status: Enacted

SB 286 — EMERGENCY CONGRESSIONAL ELECTION PROCEDURE

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 01, 2021. Enacted.

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Advancing 50% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

275 added · 502 removed

Plain-language change summary

The bill has been revised to establish temporary procedures for conducting special elections to fill congressional vacancies in New Mexico during the COVID-19 pandemic in 2021. These changes are intended to ensure that the elections can happen safely and efficiently, with specific rules taking precedence if they conflict with existing election laws. This is important as it addresses the unique challenges posed by the pandemic, allowing for a clearer and safer election process during an uncertain time.

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SENATE BILL 286 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Daniel A.
AN ACT RELATING TO CONGRESSIONAL VACANCY ELECTIONS;
Ivey-Soto This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
PROVIDING TEMPORARY EMERGENCY PROCEDURES FOR THE CONDUCT OF CONGRESSIONAL SPECIAL ELECTIONS HELD DURING THE CORONAVIRUS DISEASE 2019 PANDEMIC IN 2021;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
h AN ACT g o RELATING TO CONGRESSIONAL VACANCY ELECTIONS;
PROVIDING t hr g e i k TEMPORARY EMERGENCY PROCEDURES FOR THE CONDUCT OF CONGRESSIONAL h r i s SPECIAL ELECTIONS HELD DURING THE CORONAVIRUS DISEASE 2019 h , t, PANDEMIC IN 2021;
DECLARING AN e u g e b l e e h EMERGENCY.
DECLARING AN EMERGENCY.
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:
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
r i = r t e w d m a n o SECTION 1.
SECTION 1.
A temporary provision of the Election Code is d m :
A temporary provision of the Election Code is enacted to read:
b e d s º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e e a n e d r e l u [ A d enacted to read:
Each election day polling location located in the district established in the 2019 polling place resolution for each county or a location in the district established by any subsequent amendment to such a resolution shall operate as a voter convenience center SRCº ;
Each election day polling location located in the district established in the 2019 polling place resolution for each county or a location in the district established by any subsequent amendment to such a resolution shall operate SB 286 Page 1 as a voter convenience center.
provided that the secretary of h state may authorize an election day polling location that is u » r not located on Indian nation, tribal or pueblo land to operate t h g e l i as a mail ballot election precinct if:
h r i s (1) the county clerk has requested a written h , e h waiver from the requirements of this subsection at least t u g e b l e e , gh forty-five days before the election;
and n d d i = = o h (2) the request is for a specific election day l ] b ,d i a º r polling location that is unable to meet the data connectivity e r = t e w d m a n o requirements for voter convenience centers or is located in a d m :
b r e t º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 2 - e a n e d r e l u [ A d remote area of a county»SRC .
On behalf of each county clerk, the secretary of state shall automatically deliver to each mailable voter in the h district a notice informing the voter of the date of the u » r election, an internet web address where a voter may request a t h g e l i mailed ballot, a telephone number where a voter may call to h r i s request a paper mailed ballot application and a list of the h , e h days and times and addresses where voters may vote in person.
On behalf of each county clerk, the secretary of state shall automatically deliver to each mailable voter in the district a notice informing the voter of the date of the election, an internet web address where a voter may request a mailed ballot, a telephone number where a voter may call to request a paper mailed ballot application and a list of the days and times and addresses where voters may vote in person.
t u g e b l e e , gh The notice shall be mailed beginning on the fiftieth day before n d d i = = o h the election.
The notice shall be mailed beginning on the fiftieth day before the election.
As used in this subsection, a "mailable voter" l ] b ,d i a º r is a voter in the district other than a voter:
As used in this subsection, a "mailable voter" is a voter in the district other than a voter:
e r = t e w d m a n o (1) to whom a notice was sent pursuant to d m :
SB 286 Page 2 (1) to whom a notice was sent pursuant to Subsection C of Section 1-4-28 NMSA 1978 in 2018 or 2020, and subsequent to the sending of the most recent notice:
b r e t º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 3 - e a n e d r e l u [ A d Subsection C of Section 1-4-28 NMSA 1978 in 2018 or 2020, and subsequent to the sending of the most recent notice:
Each mailed ballot sent to a voter in the h election shall contain the following notice:
Each mailed ballot sent to a voter in the election shall contain the following notice:
"This ballot may g o t hr be returned to the office of the county clerk or any open g e i k polling location in the county where you are registered to vote h r i s at any time up to and including the day of the election.
"This ballot may be returned to the office of the county clerk or any open polling location in the county where you are registered to vote at any time up to and including the day of the election.
If h , t, this ballot is returned by mail, to ensure timely postal e u g e b l e e h delivery to the county clerk, the ballot should be mailed no n d d i = = o h later than __________.".
If this ballot is returned by mail, to ensure timely postal delivery to the county clerk, the ballot should be mailed no later than __________.".
The date used in the notice shall be l ] b ,d i a º e seven days prior to the election.
The date used in the notice shall be seven days prior to the election.
r i = r t e w d m a n o F.
SB 286 Page 3 F.
An application for a mailed ballot from a voter d m :
An application for a mailed ballot from a voter who is not a federal qualified elector is timely if received by the county clerk no later than fourteen days prior to the election.
b e d s º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 4 - e a n e d r e l u [ A d who is not a federal qualified elector is timely if received by the county clerk no later than fourteen days prior to the election.
A request for a replacement ballot is not subject to the h deadlines in this subsection.
A request for a replacement ballot is not subject to the deadlines in this subsection.
u » r G.
G.
If the application for a mailed ballot from a t h g e l i voter who is not a federal qualified elector indicates that the h r i s mailed ballot is to be delivered to an address other than an h , e h address listed on the voter's certificate of registration, the t u g e b l e e , gh county clerk shall prepare a notice of requested mailed ballot.
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 an address listed on the voter's certificate of registration, the county clerk shall prepare a notice of requested mailed ballot.
n d d i = = o h The notice of requested mailed ballot shall inform the voter of l ] b ,d i a º r the address to which the ballot was mailed along with the phone e r = t e w d m a n o number of the county clerk's office and the internet address of d m :
The notice of requested mailed ballot shall inform the voter of the address to which the ballot was mailed along SB 286 Page 4 with the phone number of the county clerk's office and the internet address of the voter web portal provided by the secretary of state.
b r e t º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 5 - e a n e d r e l u [ A d the voter web portal provided by the secretary of state.
To return a mailed ballot, each voter shall provide in the space provided for that purpose under the h privacy flap of the official mailing envelope the voter's u » r signature on a line located under the required attestation and t h g e l i the last four digits of the voter's social security number, h r i s which shall constitute the required voter identification.
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 the voter's signature on a line located under the required attestation and the last four digits of the voter's social security number, which shall constitute the required voter identification.
The h , e h attestation shall include the pre-printed name of the voter to t u g e b l e e , gh whom the mailed ballot was sent.
The attestation shall include the pre-printed name of the voter to whom the mailed ballot was SB 286 Page 5 sent.
No additional information n d d i = = o h shall be required of a voter to return a mailed ballot.
No additional information shall be required of a voter to return a mailed ballot.
l ] b ,d i a º r J.
J.
Upon receipt of a mailed ballot, the county e r = t e w d m a n o clerk shall remove the privacy flap to verify that the voter d m :
Upon receipt of a mailed ballot, the county clerk shall remove the privacy flap to verify that the voter signed the official mailing envelope and confirm that the last four digits of the social security number provided by the voter matches the information available to the county clerk.
b r e t º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 6 - e a n e d r e l u [ A d signed the official mailing envelope and confirm that the last four digits of the social security number provided by the voter matches the information available to the county clerk.
If the mailed ballot is rejected, the county clerk shall within one day send the voter a notice of rejection, along with h information regarding how the voter may cure the reason for the u » r rejection.
If the mailed ballot is rejected, the county clerk shall within one day send the voter a notice of rejection, along with information regarding how the voter may cure the reason for the rejection.
SJCº When an application for a mailed ballot is t h g e l i rejected pursuant to this section, the county clerk shall send h r i s a notice of rejection to the mailing address on the voter's h , e h certificate of registration and, if different, also to the t u g e b l e e , gh address listed on the voter's application for a mailed n d d i = = o h ballot.»SJC The determination of the county clerk to accept or l ] b ,d i a º r reject a mailed ballot is subject to a later interposition of a e r = t e w d m a n o challenge before the absent voter election board.
When an application for a mailed ballot is rejected pursuant to this section, the county clerk shall send a notice of rejection to the mailing address on the voter's certificate of SB 286 Page 6 registration and, if different, also to the address listed on the voter's application for a mailed ballot.
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In addition d m :
The determination of the county clerk to accept or reject a mailed ballot is subject to a later interposition of a challenge before the absent voter election board.
b r e t º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 7 - e a n e d r e l u [ A d to existing procedures in the Election Code for qualifying a previously rejected absentee ballot after election day, a previously rejected absentee ballot may be qualified by the presiding judge and election judges of the absent voter election board before the day of the election if the ballot was rejected for the lack of a signature or missing required voter identification if the voter provides such information pursuant to procedures established by the secretary of state.
In addition to existing procedures in the Election Code for qualifying a previously rejected absentee ballot after election day, a previously rejected absentee ballot may be qualified by the presiding judge and election judges of the absent voter election board before the day of the election if the ballot was rejected for the lack of a signature or missing required voter identification if the voter provides such information pursuant to procedures established by the secretary of state.
Challengers are subject to the same public health h requirements as county clerk staff and election board members.
Challengers are subject to the same public health requirements as county clerk staff and election board members.
u » r L.
L.
On election night, the absent voter election t h g e l i board shall recess upon the earlier of completion of its work h r i s or 11:00 p.m.
On election night, the absent voter election SB 286 Page 7 board shall recess upon the earlier of completion of its work or 11:00 p.m.
An absent voter election board that recesses at h , e h 11:00 p.m.
An absent voter election board that recesses at 11:00 p.m.
shall continue its work only between the hours of t u g e b l e e , gh 9:30 a.m.
shall continue its work only between the hours of 9:30 a.m.
on each subsequent day until the board n d d i = = o h has completed its work.
on each subsequent day until the board has completed its work.
l ] b ,d i a º r HJCº SJCºM.
M.
If the absent voter election board does e r = t e w d m a n o not complete its work by 11:00 p.m.
If the absent voter election board does not complete its work by 11:00 p.m.
on election night, the d m :
on election night, the county clerk shall notify the county sheriff's office that a deputy is required to be present to secure the room or facility where uncounted ballots are locked overnight.
b r e t º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 8 - e a n e d r e l u [ A d county clerk shall notify the county sheriff's office that a deputy is required to be present to secure the room or facility where uncounted ballots are locked overnight.
If the sheriff indicates a sheriff's deputy is unavailable, the county clerk shall notify the secretary of state who shall request state police to assign a patrolman to secure the room or facility where uncounted ballots are locked overnight.
If the sheriff indicates a sheriff's deputy is unavailable, the county clerk shall notify the secretary of state who shall request state police to assign a patrolman to secure the ballots.
If neither a sheriff's deputy nor a state police patrolman is available, the county clerk or chief deputy shall remain on site until the return of the absent voter election board and shall allow any challenger or observer to remain present, as well.»SJC»HJC h HJCºM.
If neither a sheriff's deputy nor a state police patrolman is available, the county clerk or chief deputy shall remain on site until the return of the absent voter election board and shall allow any challenger or observer to remain present, as well.
If the absent voter election board does not u » r t h complete its work by 11:00 p.m.
N.
on election night, the county g e l i clerk shall notify the county sheriff's office that a deputy is h r i s required to be present to secure the room or facility where h , e h t u g uncounted ballots are locked overnight.
When preparing the county canvass report, each SB 286 Page 8 county clerk shall appoint an election board to conduct a machine tabulation or hand tally if the county clerk has received and logged any:
If the sheriff e b l e e , gh indicates a sheriff's deputy is unavailable, the county clerk n d d i = = o h l ] b ,d shall notify the secretary of state who shall request state i a º r e r = police to assign a patrolman to secure the room or facility t e w d m a n o d m :
b r e t º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 9 - e a n e d r e l u [ A d where uncounted ballots are locked overnight.
The county clerk shall provide as much notice as is practicable in order to secure law enforcement personnel to secure the uncounted ballots overnight.
A sheriff's deputy or state police patrolman is required for overnight watch any time the absent voter election board is not present until the return of the absent voter election board.
If neither a sheriff's deputy nor a state police patrolman is available, the county clerk or chief deputy shall remain on site until the return of the absent voter election board and shall allow any challenger or observer to remain present, as well.»HJC SJCºM.»SJC SJCºN.»SJC When preparing the county canvass report, each county clerk shall appoint an election board to conduct a machine tabulation or hand tally if the county clerk has received and logged any:
h g (2) mailed ballots delivered to an election o t hr board not previously tabulated;
(2) mailed ballots delivered to an election board not previously tabulated;
g e i k (3) provisional paper ballots that have been h r i s qualified and contain votes that are to be counted;
(3) provisional paper ballots that have been qualified and contain votes that are to be counted;
or h , t, e u g (4) ballots with write-in votes not previously e b l e e h counted.
or (4) ballots with write-in votes not previously counted.
n d d i = = o h SJCº N.»SJC SJCºO.»SJC Certificates of l ] b ,d i a º e r i = r registration and cancellations of existing voter registrations t e w d m a n o not processed until after the election pursuant to existing law d m :
O.
b e d s º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 10 - e a n e d r e l u [ A d may be processed by the county clerk beginning the first Monday following the election;
Certificates of registration and cancellations of existing voter registrations not processed until after the election pursuant to existing law may be processed by the county clerk beginning the first Monday following the election;
SJCº O.»SJC SJCºP.»SJC No later than fifty days before the election and in consultation with the department of health, the secretary of state shall procure sufficient personal protective equipment and sanitizing supplies for distribution to each county clerk and for each early, mobile and election day polling location.
P.
SJCº P.»SJC SJCºQ.»SJC Nothing in this section shall alter or modify the time lines or procedures provided in the Uniform Military and Overseas Voters Act except for the deadlines provided in this section for the request of a h military-overseas ballot by a voter who is a federal qualified g o t hr elector.
No later than fifty days before the election and in consultation with the department of health, the secretary of state shall procure sufficient personal protective equipment and sanitizing supplies for distribution to each county clerk and for each early, mobile and election day polling location.
Nothing in this section shall alter or modify the g e i k time lines or procedures provided in the Intimate Partner h r i s Violence Survivor Suffrage Act.
SB 286 Page 9 Q.
h , t, SJCº Q.»SJC SJCºR.»SJC The secretary of state e u g e b l e e h shall deposit sufficient funds in the business reply mail n d d i = = o h account for each county clerk to ensure delivery of all mailed l ] b ,d i a º e ballot applications and returned mailed ballots.
Nothing in this section shall alter or modify the time lines or procedures provided in the Uniform Military and Overseas Voters Act except for the deadlines provided in this section for the request of a military-overseas ballot by a voter who is a federal qualified elector.
r i = r t e w d m a n o SJCº R.»SJC SJCºS.»SJC Notwithstanding any d m :
Nothing in this section shall alter or modify the time lines or procedures provided in the Intimate Partner Violence Survivor Suffrage Act.
b e d s º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 11 - e a n e d r e l u [ A d limitations to the contrary, the state board of finance shall authorize sufficient funds to be timely distributed to the secretary of state and the department of health for necessary and reasonable expenses incurred pursuant to this section.
R.
SJCº S.»SJC SJCºT.»SJC The compiler shall not compile this section, but shall reference it in a compiler's note." SECTION 2.
The secretary of state shall deposit sufficient funds in the business reply mail account for each county clerk to ensure delivery of all mailed ballot applications and returned mailed ballots.
S.
Notwithstanding any limitations to the contrary, the state board of finance shall authorize sufficient funds to be timely distributed to the secretary of state and the department of health for necessary and reasonable expenses incurred pursuant to this section.
T.
The compiler shall not compile this section, but shall reference it in a compiler's note." SECTION 2.
- 12 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
SB 286 Page 10 25
b r e t º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. Senate concurred in House amendments

  3. passed House

  4. DO PASS, as amended, committee report adopted

  5. DO PASS committee report adopted

  6. Sent to House State Government, Elections & Indian Affairs Committee & House Judiciary Committee

  7. passed Senate

  8. DO PASS, as amended, committee report adopted

  9. DO PASS, as amended, committee report adopted

  10. Sent to Senate Rules Committee & Senate Judiciary Committee

Sponsors

  • Daniel A. Ivey-Soto · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

  • Ivey-Soto, Daniel A.

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections
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Who sponsors SB 286?
SB 286 is sponsored by Ivey-Soto, Daniel A..
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This bill has been enacted into law. Introduced February 01, 2021. Enacted.
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