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HOUSE BILL 170
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
John Block and Stefani Lord and Mark Duncan and Steve D. Lanier
and Jay C. Block
AN ACT
RELATING TO ELECTIONS; REQUIRING ALL VOTERS TO PRESENT
IDENTIFICATION BEFORE VOTING; PROVIDING FOR FREE IDENTIFICATION
CARDS TO BE ISSUED BY THE MOTOR VEHICLE DIVISION OF THE
TAXATION AND REVENUE DEPARTMENT; PROVIDING FOR XEROGRAPHIC
COPIES OF A VOTER'S IDENTIFICATION DOCUMENT; AMENDING,
REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Election Code is enacted
to read:
"[NEW MATERIAL] VOTER IDENTIFICATION--PROVISION OF
XEROGRAPHIC COPIES.--At the request of a voter, the state shall
provide at no charge a xerographic copy of the voter's required
voter identification document when the voter presents the
document during normal business hours at any city, county or
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state government office that is capable of making such copies."
SECTION 2. Section 1-1-24 NMSA 1978 (being Laws 2005,
Chapter 270, Section 6, as amended) is amended to read:
"1-1-24. REQUIRED VOTER IDENTIFICATION.--As used in the
Election Code, "required voter identification" means: [any of
the following forms of identification as chosen by the voter:
A. a physical form of identification, which may be:
(1) an original or copy of a current and valid
photo identification with or without an address, which address
is not required to match the voter's certificate of
registration; or
(2) an original or copy of a utility bill,
bank statement, government check, paycheck, student
identification card or other government document, including
identification issued by an Indian nation, tribe or pueblo,
that shows the name and address of the person, the address of
which is not required to match the voter's certificate of
registration; or
B.] A. for a voter voting in-person:
(1) a current driver's license or
identification card issued by the motor vehicle division of the
taxation and revenue department; and
(2) a verbal or written statement by the voter
of the voter's name, registration address and year of birth;
provided, however, that the statement of the voter's name need
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not contain the voter's middle initial or suffix; or
B. for a voter voting absentee by mail, a current
driver's license or identification card issued by the motor
vehicle division of the taxation and revenue department and the
voter's social security number ."
SECTION 3. Section 1-4-5.1 NMSA 1978 (being Laws 1993,
Chapter 314, Section 7 and Laws 1993, Chapter 316, Section 7,
as amended) is amended to read:
"1-4-5.1. METHOD OF REGISTRATION--FORM.--
A. A qualified elector may apply for registration
using the paper form by mail, in the office of the secretary of
state or county clerk or with a registration agent or officer.
B. A person may request certificate of registration
forms from the secretary of state or any county clerk in
person, by telephone or by mail for that person or for other
persons.
C. A qualified elector who wishes to register to
vote shall fill out completely and sign the certificate of
registration and provide a copy of the required voter
identification. The qualified elector may seek the assistance
of any person in completing the certificate of registration.
D. A qualified elector who has filed for an order
of protection pursuant to the provisions of the Family Violence
Protection Act and who presents a copy of that order from a
state or tribal court to the registration officer shall be
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referred to the confidential address program administered by
the secretary of state pursuant to the Confidential Substitute
Address Act.
E. Completed certificates of registration may be
mailed or presented in person by the registrant or any other
person to the secretary of state, to the county clerk of the
county in which the registrant resides or to any other county
clerk in this state.
F. If the registrant wishes to vote in the next
election, the completed and signed certificate of registration
shall be delivered or mailed and postmarked within the time
frame provided in Subsection A of Section 1-4-8 NMSA 1978.
G. Within one business day after receipt of a
certificate of registration, the secretary of state shall send
the certificate to the county clerk in the county where the
qualified elector resides. Within one business day after
receipt of a certificate of registration of another county, a
county clerk shall send the certificate of registration to the
county clerk in the county where the qualified elector resides.
H. Only when the certificate of registration is
properly filled out, signed by the qualified elector and
accepted for filing by the county clerk as evidenced by the
county clerk's signature or stamp and the date of acceptance
thereon shall it constitute an official public record of the
registration of the qualified elector. A qualified elector
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complies with a voter registration deadline established in the
Election Code when a properly filled-out voter registration
certificate has been received by a county clerk or the
secretary of state, regardless of the date the certificate is
processed.
I. The secretary of state shall prescribe the form
of the certificate of registration, which form shall be a
postpaid mail-in format and shall be printed in Spanish and
English. The certificate of registration form shall be clear
and understandable to the average person and shall include
brief but sufficient instructions to enable the qualified
elector to complete the form without assistance. The form
shall also include:
(1) the question "Are you a citizen of the
United States of America?" and boxes for the applicant to check
to indicate whether the applicant is or is not a citizen;
(2) the statement "If you checked 'no', do not
complete this form."; and
[(3) a statement informing the applicant that:
(a) if the form is submitted by mail by
the applicant and the applicant is registering for the first
time in New Mexico, the applicant must submit with the form a
copy of: 1) a photo identification issued by a government or
educational institution; or 2) a current utility bill, bank
statement, government check, paycheck, student identification
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card or other government document, including identification
issued by an Indian nation, tribe or pueblo, that shows the
name and current address of the applicant; and
(b) if the applicant does not submit the
required documentary identification, the applicant will be
required to do so when voting in person or absentee; and
(4)] (3) a statement requiring the applicant
to swear or affirm that the information supplied by the
applicant is true."
SECTION 4. 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 the official form
approved by the secretary of state or its online equivalent
accessed through a website authorized by the secretary of
state. 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.
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 and required voter identification . When submitted by the
voter, the county clerk shall accept an application for a
mailed ballot pursuant to this subsection regardless of whether
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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
number, [or] state identification card number or social
security number.
D. When a voter requests a mailed ballot pursuant
to this section, the voter shall mark the box associated with
the following statement, which shall be included as part of the
online mailed ballot request form:
"By clicking the boxes below, I swear or affirm all of the
following:
[ ] I am the person whose name and identifying
information is provided on this form and I desire to request a
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mailed ballot to vote in the state of New Mexico; and
[ ] All of the information that I have provided on
this form is true and correct as of the date I am submitting
this form.".
E. Online applications for mailed ballots shall
retain the dates of submission by the qualified elector and of
acceptance by the county clerk. For purposes of deadlines
contained in the Election Code, the time and date of the
submission by the voter shall be considered the time and date
when the application for a mailed ballot is received by the
county clerk.
[F. New registrants who registered for the first
time in this state by mail and at that time did not provide
acceptable documentary identification as required by federal
law shall be informed of the need to comply with federal
identification requirements when returning the requested ballot
and notified that if the registrant votes for the first time in
New Mexico by mail and does not follow the instructions for
returning the required documentary identification, the
registrant waives the right to secrecy in that mailed ballot.
The secretary of state shall issue rules to exempt voters from
submitting identification only as required by federal law and
shall review and, if necessary, update these rules no later
than March 15 of even-numbered years.
G.] F. A person who willfully and with knowledge
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and intent to 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 5. Section 1-6-5 NMSA 1978 (being Laws 1969,
Chapter 240, Section 131, as amended) is amended to read:
"1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT.--
A. The county clerk shall mark each completed
application for a mailed ballot with the date and time of
receipt in the clerk's office and enter the required
information in the ballot register. The county clerk shall
then determine if the applicant is a voter and if the voter is
a uniformed-service voter or an overseas voter. If the
applicant is a uniformed-service voter or overseas voter, the
application shall be processed pursuant to the Uniform Military
and Overseas Voters Act. 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 election day.
B. If the applicant does not have a valid
certificate of registration on file in the county, a mailed
ballot shall not be issued and the county clerk shall mark the
application "rejected" and file the application in a separate
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file from those accepted.
[C. When required by federal law, if the applicant
has on file with the county a valid certificate of registration
that indicates that the applicant is a voter who is a new
registrant in the state and who registered by mail without
submitting the required documentary identification, the county
clerk shall notify the voter that the voter must submit with
the mailed ballot a form of documentary identification from the
list in Paragraph (3) of Subsection I of Section 1-4-5.1 NMSA
1978. The county clerk shall note on the ballot register and
signature roster that the applicant's mailed ballot must be
returned with the required voter identification.
D.] C. If the applicant has on file with the county
a valid certificate of registration, the county clerk shall
mark the application "accepted" and deliver a mailed ballot to
the voter and the required envelopes for use in returning the
ballot.
[E.] D. Upon the mailing of a mailed ballot to an
applicant who is a voter, an appropriate designation shall be
made in the absentee ballot register.
[F.] E. A mailed ballot shall not be delivered by
the county clerk to any person other than the applicant for the
ballot. Mailed ballots shall be sent to applicants beginning
twenty-eight days before the election. For each application
for a mailed ballot received twenty-three or more days before
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the election, the county clerk shall send either the ballot or
a notice of rejection to the applicant as soon as practicable;
provided that the ballot or a notice of rejection is sent not
later than twenty-two days before the election. For each
application for a mailed ballot received within twenty-two days
of election day, the county clerk shall send either the mailed
ballot or a notice of rejection to the applicant within twenty-
four hours after receipt of the voter's application for a
mailed ballot.
[G.] 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
an address listed on the voter's certificate of registration,
the county clerk shall prepare a notice of requested mailed
ballot. The notice of requested mailed ballot shall inform the
voter of the address to which the ballot was mailed along 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. The notice of requested mailed ballot shall be sent to
the address provided on the voter's certificate of registration
on the same day the county clerk sends the mailed ballot to the
address requested by the voter.
[H.] G. 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
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certificate of registration and the address listed on the
voter's application for mailed ballot, if different. The
notice of rejection shall indicate the reason for the rejection
and, if applicable, information on how to correct the
deficiency that is the reason for the rejection. If an
application is rejected because it was not timely received, the
county clerk shall, within twenty-four hours of receipt of the
application, send a rejection notice to the voter that shall
include a list of the early voting locations and election day
polling places in the county.
[I.] H. The county clerk shall only accept
applications for a mailed ballot made through the official web
portal operated by the secretary of state or submitted on the
official form. If a voter submits more than one application
for a mailed ballot containing the same information, subsequent
applications containing the same information shall not be
processed."
SECTION 6. Section 1-6-6 NMSA 1978 (being Laws 1969,
Chapter 240, Section 132, as amended) is amended to read:
"1-6-6. BALLOT REGISTER.--
A. For each statewide election, the county clerk
shall keep an "absentee ballot register", in which the county
clerk shall enter:
(1) the name and address of each absentee
ballot applicant;
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(2) the date of receipt of the application;
(3) whether the application was accepted or
rejected;
(4) the date of issue of an absentee ballot at
an early voting location or the mailing of an absentee ballot
to the applicant;
(5) the applicant's precinct;
(6) whether the applicant is a voter and
whether the voter is a uniformed-service voter or an overseas
voter;
(7) whether the voter is required to submit
[documentary] required voter identification [pursuant to
Section 1-6-5 NMSA 1978 ]; and
(8) the date the completed mailed ballot was
received from the voter by the county clerk or the absent voter
registered a ballot early in person in the county clerk's
office or at an alternate location.
B. For each special election, the county clerk
shall keep a "mailed ballot register", in which the county
clerk shall enter:
(1) the name and address of each voter to whom
a mailed ballot was sent;
(2) the date of mailing of a mailed ballot to
the voter;
(3) the applicant's precinct;
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(4) whether the voter is a uniformed-service
voter or an overseas voter;
(5) whether the voter is required to submit [a
documentary] required voter identification [pursuant to Section
1-6-5 NMSA 1978]; and
(6) the date and time the completed mailed
ballot was received from the voter by the county clerk.
C. Each ballot register is a public record open to
public inspection in the county clerk's office during regular
office hours. The county clerk shall have an updated ballot
register available for public inspection Monday through Friday
during regular office hours.
D. The county clerk shall deliver to the absent
voter election board on election day a complete list of all
absentee ballot applicants and early voters with applicable
information shown in the absentee ballot register for each
applicant and early voter up to 6:00 p.m. on the Saturday
preceding a statewide election. The county clerk shall deliver
a signature roster containing the same information as the lists
to the absent voter election board.
E. Upon request by a candidate, a political
committee or the state or county chair of a political party
represented on the ballot in an election, the secretary of
state or county clerk shall transmit without charge to an
electronic address provided in the request a complete copy of
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entries made in the absentee ballot register statewide or in
the county. Such transmissions shall be made daily beginning
four weeks immediately prior to the election through the
Saturday immediately following the election."
SECTION 7. Section 1-6-8 NMSA 1978 (being Laws 1969,
Chapter 240, Section 134, as amended) is amended to read:
"1-6-8. MAILED BALLOT ENVELOPES.--
A. The secretary of state shall prescribe the form
of, procure and distribute to each county clerk a supply of:
(1) official inner envelopes for use in
sealing the completed mailed ballot;
(2) official mailing envelopes for use in
returning the official inner envelope to the county clerk,
which shall be postage-paid; provided that only the official
mailing envelope for absentee ballots in a political party
primary shall contain a designation of party affiliation;
(3) mailed ballot instructions, describing
proper methods for completion of the ballot and returning it;
and
(4) official transmittal envelopes for use by
the county clerk in sending mailed ballot materials.
B. Official transmittal envelopes and official
mailing envelopes for transmission of mailed ballot materials
to and from the county clerk and voters shall be printed in
black in substantially similar form. All official inner
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envelopes shall be printed in black.
C. The reverse of each official mailing envelope
shall contain a form to be executed under penalty of perjury by
the voter completing the mailed ballot. The form shall
identify the voter and shall contain the pre-printed name of
the voter to whom the ballot was sent and the following
statement to be affirmed by the voter: "I attest under penalty
of perjury that I am the voter identified on this official
mailing envelope and that I have not and will not vote any
other ballot in this election.". The official mailing envelope
shall contain a space for the voter to record the voter's
signature and [the last four digits of ] the voter's social
security number, which shall constitute the required voter
identification. Under the space for the voter's signature
shall be the following statement: "NOTICE: The only people who
may lawfully mail or deliver this ballot to the county clerk
are the voter, a member of the voter's immediate family or
household, the voter's caregiver or a person with whom the
voter has a continuing personal relationship.". The envelope
shall have a security flap to cover this information."
SECTION 8. Section 1-6-10 NMSA 1978 (being Laws 1969,
Chapter 240, Section 136, as amended) is amended to read:
"1-6-10. RECEIPT OF MAILED BALLOTS BY CLERK.--
A. Completed official mailing envelopes that are
received at the county clerk's office or a polling place or
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that are retrieved from the post office or a monitored secured
container shall be accepted until 7:00 p.m. on election day. A
completed official mailing envelope received after that time
shall not be qualified or opened but shall be preserved by the
county clerk for the applicable retention period provided in
Section 1-12-69 NMSA 1978. The county clerk shall report the
number of late ballots from voters, uniformed-service voters
and overseas voters and report the number from each category to
date on the final mailed ballot report and as part of the
county canvass report. If additional late ballots are
received, the county clerk shall update the number of late
ballots from each category to the secretary of state.
B. On the day a returned mailed ballot is received
by the county clerk, the county clerk shall mark the date of
receipt on the outside of the official mailing envelope.
Within one business day of receiving a returned official
mailing envelope, the county clerk shall remove the privacy
flap to verify that the voter signed the official mailing
envelope and to confirm that [the last four digits of ] the
social security number provided by the voter [match ] matches
the information available to the county clerk; provided that no
county clerk or deputy county clerk shall perform the
verification process pursuant to this subsection unless the
county clerk or deputy county clerk would also meet the
requirements to be a challenger, watcher or election observer
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pursuant to Paragraphs (1) through (4) of Subsection C of
Section 1-2-22 NMSA 1978.
C. If the voter's signature is present and [the
last four digits of] the voter's social security number [match ]
matches, the county clerk shall note in the absentee ballot
register that the information required to be provided by the
voter under the privacy flap has been verified and shall safely
keep the official mailing envelope unopened in a locked and
number-sealed ballot box until it is delivered to the absent
voter election board.
D. If either the voter's signature is missing or
[the last four digits of ] the voter's social security number
[are] is not provided or [do] does not match, the county clerk
shall make the appropriate notation in the absentee ballot
register and shall safely keep the official mailing envelope
unopened in a secured ballot box designated for those official
mailing envelopes received that are missing the voter's
signature or [the last four digits of ] the voter's social
security number or where [the last four digits of ] the social
security number [do] does not match the information available
to the county clerk. The county clerk shall immediately send
the voter a notice to cure containing information regarding how
the voter may provide documentation to cure the missing or
incorrect information.
E. If [pursuant to Subsection F of Section 1-6-4
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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 county clerk shall
preserve the inner envelope with the official mailing envelope
and write "Rejected" on the front of the official mailing
envelope, and the county clerk shall update the ballot register
accordingly and immediately send the voter a notice to cure
containing information regarding how the voter may provide the
missing or incorrect information. The county clerk shall place
the official mailing envelope with the attached inner envelope
in a container provided for rejected ballots; provided that if
the county clerk was required to open the inner envelope to
determine that the required documentary identification was not
included, the untallied ballot shall be returned to the inner
envelope and preserved along with the official mailing envelope
in a container for this purpose.
F. The voter may provide the missing or corrected
information at any time up to the conclusion of the appeal
process for rejected ballots. If a voter provides the missing
or corrected information:
(1) before the absent voter election board has
been convened, the county clerk shall attach the documentation
to the unopened official mailing envelope, update the ballot
register accordingly and transfer the ballot to the locked and
number-sealed ballot box until it is delivered to the absent
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voter election board;
(2) after the absent voter election board has
been convened, the county clerk shall attach the documentation
to the unopened official mailing envelope, update the ballot
register accordingly and transfer the ballot to the absent
voter election board;
(3) after the adjournment of the absent voter
election board but before the conclusion of the county canvass
process, the county clerk shall attach the documentation to the
unopened official mailing envelope, update the ballot register
accordingly and transfer the ballot to an election board
convened to assist in preparation of the county canvass report;
and
(4) after approval of the county canvass
report, the voter may appeal in accordance with appeal
procedures for provisional ballots established by rule of the
secretary of state pursuant to Section 1-12-25.2 NMSA 1978.
G. In a statewide election, if the unopened
official mailing envelope is received by the county clerk from
an election board before the absent voter election board has
adjourned, the unopened official mailing envelope shall be
transmitted to the absent voter election board to be tallied
immediately. If the unopened official mailing envelope is
received by the county clerk from an election board after the
absent voter election board has adjourned, the unopened
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official mailing envelope shall be transmitted to an election
board convened to assist in preparation of the county canvass
report to be tallied and included in the canvass report of that
county for the appropriate precinct."
SECTION 9. A new section of Chapter 1, Article 12 NMSA
1978 is enacted to read:
"[NEW MATERIAL] CONDUCT OF ELECTION--CHALLENGES TO A
VOTER'S IDENTIFICATION.--If the required voter identification
is challenged because it does not conform to the requirements
of Section 1-1-24 NMSA 1978, the voter shall be allowed to vote
on a provisional ballot."
SECTION 10. Section 1-12-7.1 NMSA 1978 (being Laws 1969,
Chapter 240, Section 112, as amended) is amended to read:
"1-12-7.1. VOTER LISTS--SIGNATURE ROSTERS--CHECKLIST OF
VOTERS--USE DURING ELECTION.--
A. At each election day polling location, other
than a consolidated precinct where any voter in the county may
vote, the precinct board shall post securely at or near the
entrance of the polling place one copy of an alphabetical list
of voters and a map of the precincts represented in that
polling place for use of the voters prior to voting. The
posted copy shall not contain a listing of voter addresses,
years, months or days of birth or social security numbers.
B. At each polling location where physical rosters
are used, the presiding judge of the precinct board shall
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assign one judge or election clerk of the board to be in charge
of one copy of the checklist of voters, which shall be used to
confirm the registration and voting of each person offering to
vote.
C. The presiding judge of the precinct board shall
assign one judge or election clerk to be in charge of the
signature roster.
D. The judge or election clerk assigned to confirm
registration shall determine that each person offering to vote
is registered and, in the case of a primary election, that the
voter is registered in a party designated on the primary
election ballot. If the person's registration is confirmed and
the voter provides the required voter identification, the judge
or election clerk shall announce to the judges or election
clerks the list number and the name of the voter as shown on
the checklist of voters. If the voter does not provide the
required voter identification, the voter shall be allowed to
vote on a provisional paper ballot and shall provide the
required voter identification to the county clerk's office
before 5:00 p.m. on the second day following the election, or
to the precinct board before the polls close, or the voter's
provisional ballot shall not be qualified. If the required
voter identification is provided, the voter's provisional paper
ballot shall be qualified and the voter shall not vote on any
other type of ballot.
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E. The judge or election clerk shall locate the
name on the signature roster and shall require the voter to
sign the voter's usual signature or, if unable to write, to
make the voter's mark opposite the voter's printed name. If
the voter makes the voter's mark, it shall be witnessed by one
of the judges or election clerks of the precinct board.
[F. If the signature roster indicates that the
voter is required to present a physical form of identification
before voting, the judge or election clerk shall ask the voter
for the required physical form of identification. If the voter
does not provide the required identification, the voter shall
be allowed to vote on a provisional paper ballot; provided,
however, that if the voter brings the required physical form of
identification to the polling place after casting a provisional
paper ballot, that ballot shall be qualified.
G.] F. The judge or election clerk shall follow the
procedures provided for in Sections 1-12-7.2 and 1-12-8 NMSA
1978 if a person whose name does not appear on the signature
roster requests to vote or a person is required to vote on a
provisional paper ballot.
[H.] G. A voter shall not be permitted to vote
until the voter has properly signed the voter's usual signature
or made the voter's mark in the signature roster."
SECTION 11. Section 1-12-8 NMSA 1978 (being Laws 1969,
Chapter 240, Section 247, as amended) is amended to read:
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"1-12-8. CONDUCT OF ELECTION--PROVISIONAL VOTING.--
A. A person shall be permitted to vote on a
provisional paper ballot even though the person's original
certificate of registration cannot be found in the county
register or even if the person's name does not appear on the
signature roster; provided that :
(1) the person's residence is within the
boundaries of the county in which the person offers to vote;
(2) the person's name is not on the list of
persons submitting absentee ballots; and
(3) the person executes a statement swearing
or affirming to the best of the person's knowledge that the
person is a qualified elector, is currently registered and
eligible to vote in that county and has not cast a ballot or
voted in that election.
[B. A voter shall vote on a provisional paper
ballot if the voter:
(1) has not previously voted in a general
election in New Mexico or has been purged from the voter list;
(2) registered to vote by mail;
(3) did not submit the physical form of the
required voter identification with the certificate of
registration form; and
(4) does not present to the election judge a
physical form of the required voter identification.
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C.] B. A voter shall vote on a provisional paper
ballot in accordance with the provisions of Section 1-12-7.1
NMSA 1978 if the voter does not provide the required voter
identification to the election judge.
[D.] C. A judge or election clerk shall have the
voter sign the signature roster and issue the voter a
provisional paper ballot, an outer envelope and an official
inner envelope. The voter shall vote on the provisional paper
ballot in secrecy and, when done, place the ballot in the
official inner envelope and place the official inner envelope
in the outer envelope and return it to the judge or election
clerk. The judge or election clerk shall ensure that the
required information is completed on the outer envelope, have
the voter sign it in the appropriate place and place it in an
envelope designated for provisional paper ballots.
[E.] D. Knowingly executing a false statement
constitutes perjury as provided in the Criminal Code, and
voting on the basis of such falsely executed statement
constitutes fraudulent voting."
SECTION 12. Section 1-12-20 NMSA 1978 (being Laws 1969,
Chapter 240, Section 273, as amended) is amended to read:
"1-12-20. CONDUCT OF ELECTION--INTERPOSING CHALLENGES.--A
challenge may be interposed by a member of the precinct board
or by a party challenger for the following reasons:
A. the person offering to vote is not registered to
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vote;
B. the person offering to vote is listed among
those persons to whom an absentee ballot was mailed;
C. the person offering to vote has already cast a
ballot in that election;
D. the person offering to vote is improperly
registered because the person is not a qualified elector; [or ]
E. the required voter identification that the
person presents does not conform to the requirements of Section
1-1-24 NMSA 1978; or
[E.] F. in the case of a primary election, the
person desiring to vote is not affiliated with a political
party represented on the ballot."
SECTION 13. Section 1-12-25.3 NMSA 1978 (being Laws 2003,
Chapter 356, Section 6, as amended) is amended to read:
"1-12-25.3. PROVISIONAL PAPER BALLOTS--REQUIRED
INFORMATION.--
A. At a minimum, the following information shall be
printed on the outer envelope for a provisional paper ballot:
(1) the name and signature of the voter;
(2) the voter's registered address, both
present and former if applicable;
(3) the voter's date of birth;
(4) the reason for using the ballot;
(5) the precinct and the polling place at
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which the voter has voted; and
(6) sufficient space to list the disposition
of the ballot after review by the county clerk.
B. A provisional paper ballot shall not be rejected
for lack of the information required by this section and shall
be qualified as long as the voter provides a valid signature
and sufficient information for the clerk to determine the voter
is a qualified elector and has provided a copy of the required
voter identification."
SECTION 14. Section 1-24-3 NMSA 1978 (being Laws 2019,
Chapter 212, Section 156, as amended) is amended to read:
"1-24-3. SPECIAL ELECTION PROCEDURES--CONDUCT.--
A. All special elections in this state shall be
conducted absentee. Mailed ballots shall be used exclusively
for voting in special elections. Except as otherwise provided
in the Special Election Act, all special elections in this
state shall be conducted and canvassed as provided in the
Election Code.
B. Without requiring a voter to file an application
to receive a ballot, the county clerk shall send a mailed
ballot to every voter of the county or local public body,
except a voter:
(1) who was sent a notice pursuant to
Subsection C of Section 1-4-28 NMSA 1978 and who has not
returned the prepaid and pre-addressed return card sent
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pursuant to that section and has not filed a new certificate of
registration with a new address;
(2) whose voter notification pursuant to
Section 1-11-4.1 NMSA 1978 or official election-related mail
sent through a uniform, nondiscriminatory process was returned
to the county clerk or the secretary of state as undeliverable
and the voter has not communicated with the county clerk that
the official voter notification or election-related mail was
returned as undeliverable in error or filed a certificate of
registration with a new address; or
(3) whose ballot is delivered pursuant to the
provisions of the Intimate Partner Violence Survivor Suffrage
Act.
C. Forty-two days before the election or in the
case of a voter notification returned to the county clerk, as
soon thereafter as practicable, the county clerk shall send to
each voter of the county or local public body described in
Paragraphs (1) and (2) of Subsection B of this section notice,
sent by forwardable mail, that the voter will not be sent a
ballot for the special election unless the voter updates the
voter's address as provided by the Election Code or informs the
county clerk that the address on the certificate of
registration is valid. The notice shall include contact
information for the office of the county clerk and an internet
address where the voter may update the voter's address or
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communicate with the county clerk. The mailed ballot register
shall note which voters were sent a notice pursuant to this
subsection.
D. Between the twenty-seventh and twenty-fifth day
before the election, pursuant to Subsection B of this section,
the county clerk shall send to each voter a ballot for the
special election, along with a postage-paid return envelope, a
notice that there will be no traditional polling places for the
election, the recommended deadline to deposit the voted mailed
ballot with the United States postal service for return by
mail, the deadline for the ballot to be received by the county
clerk and a list of the times and locations of monitored
secured containers available in the county.
E. Beginning twenty-two days before the election,
the county clerk shall issue replacement and provisional
ballots as provided in the Absent Voter Act for the mailed
ballot process. In addition, the county clerk shall send a
ballot to any voter described in Paragraphs (1) and (2) of
Subsection B of this section who has not previously been sent a
ballot if the voter submits an application pursuant to Section
1-6-4 NMSA 1978.
[F. When required by federal law, if the voter has
on file with the county a valid certificate of registration
that indicates that the voter is a new registrant in the state
and who registered by mail without submitting the required
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documentary identification, the county clerk shall notify the
voter that the voter must submit with the mailed ballot the
required documentary identification from the list in Paragraph
(3) of Subsection I of Section 1-4-5.1 NMSA 1978. The county
clerk shall note on the mailed ballot register and signature
roster that the applicant's mailed ballot must be returned with
the required documentary identification. ]"
SECTION 15. Section 66-5-408 NMSA 1978 (being Laws 1978,
Chapter 35, Section 335, as amended) is amended to read:
"66-5-408. FEES.--
A. Upon application for an identification card with
a four-year term, there shall be paid to the department a fee
of five dollars ($5.00). Upon application for an
identification card with an eight-year term, there shall be
paid to the department a fee of ten dollars ($10.00). A fee
shall not be charged to an applicant for an identification card
if the applicant:
(1) is at least seventy-five years of age or a
homeless individual; or
(2) will be at least eighteen years of age on
the date of the next general election and the person signs a
statement requesting an identification card at no cost for
voter identification purposes .
B. The department with the approval of the governor
may increase the amount of the identification card fee by an
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amount not to exceed three dollars ($3.00) for the purpose of
implementing an enhanced licensing system; provided that for an
identification card issued for an eight-year period, the amount
of the fee shall be twice the amount charged for other
identification cards. The additional amounts collected
pursuant to this subsection are appropriated to the department
to defray the expense of the new system of licensing and for
use as set forth in the provisions of Subsection F of Section
66-6-13 NMSA 1978. Unexpended and unencumbered balances from
fees collected pursuant to the provisions of this subsection at
the end of any fiscal year shall not revert to the general fund
but shall be expended by the department in fiscal year 2010 and
subsequent fiscal years.
C. As used in this section, "homeless individual"
means an individual:
(1) who lacks a fixed, regular and adequate
nighttime residence, including an individual who:
(a) lives in the housing of another
person due to that individual's loss of housing, economic
hardship or other reason related to that individual's lack of a
fixed residence;
(b) lives in a motel, hotel, trailer
park or camping ground due to the lack of alternative adequate
accommodations;
(c) lives in an emergency or
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transitional shelter;
(d) sleeps in a public or private place
not designed for or ordinarily used as a regular sleeping
accommodation for human beings; or
(e) lives in an automobile, a park, a
public space, an abandoned building, substandard housing, a bus
station, a train station or a similar setting; and
(2) whose homelessness can be verified through
an attestation, which shall not be required to be notarized, by
one of the following:
(a) a public or private governmental or
nonprofit agency that provides services to homeless
individuals;
(b) a local education agency homeless
liaison, school counselor or school nurse;
(c) a social worker licensed in the
state; or
(d) the homeless individual."
SECTION 16. REPEAL.--Section 1-12-4.1 NMSA 1978 (being
Laws 2005, Chapter 270, Section 59) is repealed.
SECTION 17. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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