SENATEAN BILLACT 286RELATING 55THTO LEGISLATURECONGRESSIONAL -VACANCY STATEOFNEWMEXICO-ELECTIONS; FIRST SESSION, 2021 INTRODUCED BY Daniel A.
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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.
n8 d d i = = o h l ] b ,d i a º e 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.
A temporary provision of the Election Code is denacted mto :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 SB 286 Page 1 as a voter convenience centercenter. SRCº ;
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.
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.
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:
eSB r286 =Page t2 e w d m a n o (1) to whom a notice was sent pursuant to dSubsection mC :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:
"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.
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 __________.".
The date used in the notice shall be l ] b ,d i a º e seven days prior to the election.
rSB i286 =Page r3 t e w d m a n o F.
An application for a mailed ballot from a voter dwho mis :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.
u » r 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.
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 withSB the286 phonePage e4 rwith =the tphone e w d m a n o number of the county clerk's office and the internet address of dthe mvoter :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.
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 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.
l ] b ,d i a º r J.
Upon receipt of a mailed ballot, the county eclerk rshall =remove tthe eprivacy wflap dto mverify athat nthe ovoter clerksigned shallthe removeofficial mailing envelope and confirm that the privacylast flapfour todigits verifyof thatthe social security number provided by the voter dmatches mthe :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.
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 hcertificate ,of eSB h286 certificatePage of6 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 nballot. 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.
InThe additiondetermination dof mthe :county clerk to accept or reject a mailed ballot is subject to a later interposition of a challenge before the absent voter election board.
bIn raddition 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.
Challengers are subject to the same public health h requirements as county clerk staff and election board members.
u » r L.
On election night, the absent voter election tSB h286 gPage e7 l i board shall recess upon the earlier of completion of its work h r i s or 11:00 p.m.
An absent voter election board that recesses at h , e h 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.
on each subsequent day until the board n d d i = = o h has completed its work.
lM. ] b ,d i a º r HJCº SJCºM.
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.
on election night, the dcounty mclerk :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.
bIf rthe esheriff tindicates º o t n = .219152.3AIC March 12, 2021 (10:36am) s k m e - 8 - e a nsheriff's edeputy dis runavailable, ethe l u [ A d county clerk shall notify the countysecretary sheriff'sof officestate thatwho ashall deputyrequest isstate requiredpolice to beassign presenta 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»HJCwell. h HJCºM.
IfN. the absent voter election board does not u » r t h complete its work by 11:00 p.m.
onWhen electionpreparing night, the county gcanvass ereport, leach iSB clerk286 shallPage notify8 the county sheriff'sclerk officeshall thatappoint aan deputyelection isboard h r i s required to beconduct presenta tomachine securetabulation the room or facilityhand wheretally hif ,the ecounty hclerk thas ureceived gand uncountedlogged ballotsany: are locked overnight.
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;
g e i k (3) provisional paper ballots that have been h r i s 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.
nO. 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 :
bCertificates eof dregistration sand ºcancellations oof texisting nvoter =registrations .219152.3AICnot Marchprocessed 12,until 2021after (10:36am)the selection kpursuant mto eexisting -law 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;
SJCºP. 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.
SJCºNo P.»SJClater SJCºQ.»SJCthan Nothingfifty indays thisbefore sectionthe shallelection alterand orin modifyconsultation with the timedepartment linesof orhealth, procedures provided in the Uniformsecretary Militaryof andstate Overseasshall Votersprocure Actsufficient exceptpersonal forprotective theequipment deadlinesand providedsanitizing insupplies this section for thedistribution requestto ofeach acounty hclerk military-overseasand ballotfor byeach aearly, votermobile whoand iselection aday federalpolling qualifiedlocation. g o t hr elector.
NothingSB in286 thisPage section9 shallQ. 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.
hNothing ,in t,this SJCºsection Q.»SJCshall SJCºR.»SJCalter Theor secretarymodify ofthe statetime elines uor gprocedures eprovided bin lthe eUniform eMilitary hand shallOverseas depositVoters sufficientAct fundsexcept infor the businessdeadlines replyprovided mailin nthis dsection d i = = o h account for eachthe countyrequest clerk to ensure delivery of alla mailedmilitary-overseas lballot ]by b ,d i a ºvoter ewho ballotis applicationsa andfederal returnedqualified mailedelector. ballots.
rNothing iin =this rsection tshall ealter wor dmodify mthe atime nlines oor SJCºprocedures R.»SJCprovided SJCºS.»SJCin Notwithstandingthe anyIntimate dPartner mViolence :Survivor Suffrage Act.
bR. 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.
SJCºThe S.»SJCsecretary SJCºT.»SJCof Thestate compiler shall notdeposit compilesufficient thisfunds section,in butthe shallbusiness referencereply itmail inaccount afor compiler'seach note."county SECTIONclerk 2.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.
-SB 12286 -Page h10 u25 » 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 :
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