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SENATE BILL 487
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Antoinette Sedillo Lopez
AN ACT
RELATING TO ELECTIONS; AMENDING AND ENACTING SECTIONS OF THE
ELECTION CODE TO PROVIDE EMERGENCY VOTING PROCEDURES; PROVIDING
ABSENTEE VOTER ASSISTANCE UNITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-3-2 NMSA 1978 (being Laws 1969,
Chapter 240, Section 51, as amended) is amended to read:
"1-3-2. PRECINCTS--DUTIES OF COUNTY COMMISSIONERS--COUNTY
CLERKS.--
A. For the conduct of any statewide election during
the period beginning January 1 of the next succeeding
even-numbered year until December 31 of the odd-numbered year
thereafter, in June or July of each odd-numbered year, the
board of county commissioners shall by resolution:
[A.] (1) designate the polling place of each
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precinct that shall provide individuals with physical mobility
limitations an unobstructed access to at least one voting
machine;
[B.] (2) consolidate any precincts pursuant to
Section 1-3-4 NMSA 1978;
[C.] (3) designate any mail ballot election
precincts pursuant to Section 1-6-22.1 NMSA 1978; and
[D.] (4) create additional polling places in
existing precincts pursuant to Section 1-3-7.1 NMSA 1978.
B. The county clerk may designate secure congregate
facilities and collaborate with facility administrators to
determine expected voting needs ."
SECTION 2. Section 1-3-4 NMSA 1978 (being Laws 1975,
Chapter 255, Section 30, as amended) is amended to read:
"1-3-4. CONSOLIDATION OF PRECINCTS--VOTER CONVENIENCE
CENTERS.--
A. The board of county commissioners shall
establish voter convenience centers through the use of
consolidated precincts for voting in a statewide election.
Absentee voter assistance units for secure congregate
facilities established pursuant to Section 6 of this 2025 act
shall not be considered voter convenience centers and shall not
be subject to precinct consolidation requirements.
B. When precincts are consolidated and voter
convenience centers are established for statewide elections:
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(1) the resolution required by Section 1-3-2
NMSA 1978, in addition to the other matters required by law,
shall state therein which precincts have been consolidated and
the location of the voter convenience center within that
consolidated precinct;
(2) any voter of the county shall be allowed
to vote on a regular ballot at any voter convenience center in
the county;
[(3) each voter convenience center shall be a
consolidated precinct composed of no more than ten precincts; ]
(3) each voter convenience center shall serve
no fewer than ten consolidated precincts on election day for
general elections and fifteen consolidated precincts on
election day for local and primary elections;
(4) each voter convenience center shall comply
with the provisions of Section 1-3-7 NMSA 1978;
(5) each voter convenience center shall have a
broadband internet connection and real-time synchronization to
access the voter registration electronic management system;
(6) the county clerk may maintain any
alternate voting locations or mobile alternate voting locations
previously used in the same election open for voting on
election day as a voter convenience center, in addition to the
voter convenience center established within each consolidated
precinct; provided that the locations otherwise meet the
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requirements of a voter convenience center; [and ]
(7) the board of county commissioners may
permit certain precincts to be exempted from operating as a
voter convenience center or being a part of a consolidated
precinct if the precinct is designated as a mail ballot
election precinct pursuant to Section 1-6-22.1 NMSA 1978;
(8) if twenty-five percent or more of voters
in a precinct are on the permanent absentee list, that precinct
shall count as one-half of a precinct when determining the
number of precincts served by a voter convenience center; and
(9) if fifty-five percent or more of voters in
a precinct are on the permanent absentee list, the precinct may
be designated as a mail-only precinct, in accordance with
Section 1-6-5 NMSA 1978; provided that a precinct designated as
mail-only shall not count toward the number of consolidated
precincts served by a voter convenience center.
C. Unless the county clerk receives a written
waiver from the secretary of state specifying the location and
specific provision being waived, each voter convenience center
shall:
(1) have ballots available for voters from
every precinct authorized to vote at that voter convenience
center;
(2) have at least one optical scan tabulator
programmed to read every ballot style able to be cast at that
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voter convenience center;
(3) have at least one voting system available
to assist disabled voters to cast and record their votes;
(4) have sufficient spaces for at least five
voters to simultaneously and privately mark their ballots, with
at least one of those spaces wheelchair-accessible;
(5) have sufficient check-in stations to
accommodate voters throughout the day as provided in Section
1-9-5 NMSA 1978;
(6) have a secure area for storage of
preprinted ballots or for storage of paper ballot stock and a
system designed to print ballots;
(7) issue a ballot to voters who have provided
the required voter identification after the voter has signed a
signature roster or an electronic equivalent approved by the
voting system certification committee or after the voter has
subscribed an application to vote on a form approved by the
secretary of state; and
(8) be in a location that is accessible and
compliant with the requirements of the federal Americans with
Disabilities Act of 1990.
D. The board of county commissioners may designate
additional voter convenience centers pursuant to the federal
Voting Rights Act of 1965 with considerations for:
(1) tribal voting access;
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(2) population density;
(3) historical and projected turnout; and
(4) community needs. "
SECTION 3. Section 1-3-5 NMSA 1978 (being Laws 1969,
Chapter 240, Section 55, as amended) is amended to read:
"1-3-5. PRECINCTS--POWERS OF COUNTY COMMISSIONERS.--
A. The board of county commissioners shall by
resolution:
(1) create additional precincts to meet the
requirements of Section 1-3-1 NMSA 1978; and
(2) divide, abolish, combine or adjust the
boundaries of any precincts as necessary to meet legal and
constitutional requirements for redistricting.
B. Any necessary precinct boundary adjustments
shall be submitted to the secretary of state no later than the
first Monday in December of each odd-numbered year to become
effective January 1 next succeeding the approval of the
boundary adjustment. No precinct shall be created, divided,
abolished or combined or the boundaries adjusted less than four
months prior to a statewide election, except by order of the
district court.
C. The county clerk shall notify the secretary of
state in writing of any proposed changes in precincts or the
designation of polling places made by the board of county
commissioners and shall furnish the current geographical
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boundaries, designation and word description of each new
polling place and each new or changed precinct.
D. The secretary of state shall review all new or
changed precinct maps submitted pursuant to this section for
compliance under the Precinct Boundary Adjustment Act and
Section 1-3-1 NMSA 1978.
[E. Precincts shall be designated solely by whole
numbers.]"
SECTION 4. Section 1-3-7 NMSA 1978 (being Laws 1969,
Chapter 240, Section 57, as amended) is amended to read:
"1-3-7. POLLING PLACES.--
A. No less than one polling place shall be provided
for each precinct that is not a mail ballot election precinct;
provided that in a local election, a precinct that lies partly
within and partly without a district may be located in a single
polling place and use a single election board.
B. The board of county commissioners shall
designate as the polling place or places, as the case may be,
in each precinct, other than a mail ballot election precinct,
the most convenient and suitable public building or public
school building in the precinct that can be obtained.
C. If no public building or public school building
is available, the board of county commissioners shall provide
some other suitable place, which shall be the most convenient
and appropriate place obtainable in the precinct, considering
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the purpose for which it is to be used pursuant to the Election
Code.
D. If, in a precinct that is not a mail ballot
election precinct or a consolidated precinct, there is no
public building or public school building available in the
precinct, and there is no other suitable place obtainable in
the precinct, the board of county commissioners may designate
as a polling place for the precinct the most convenient and
suitable building or public school building nearest to that
precinct that can be obtained. No polling place shall be
designated outside the boundary of the precinct as provided in
this subsection until such designated polling place is approved
by written order of the district court of the county in which
the precinct is located.
E. Upon application of the board of county
commissioners, the governing board of any school district shall
permit the use of any school building or a part thereof for
registration purposes and the conduct of any election; provided
that the building or the part used for the election complies
with the standards set out in the federal Voting Accessibility
for the Elderly and Handicapped Act. Application for use of a
school building or any part thereof for the conduct of a
statewide election shall be made by delivering to the
superintendent of the school district the resolution adopted
pursuant to Section 1-3-2 NMSA 1978.
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F. On the day of any statewide election for which
application was made pursuant to Subsection E of this section,
the board of education of a school district shall provide
exclusive use of any school building or the part thereof to be
used in the conduct of the election and shall provide
sufficient parking for election officials and to permit voters
to exercise the elective franchise.
G. If a polling place becomes destroyed,
inaccessible or unsafe within fifteen days of an election, and
with the secretary of state's approval of the county clerk's
contingency plan, the county clerk may adjust the polling place
location without requiring a change to the election resolution
or court order if:
(1) a replacement location is within five
hundred feet of the original polling place; or
(2) a mobile voting unit with accessible
parking and broadband access is placed within five hundred feet
of the original polling place.
H. If a county clerk adjusts a polling place
pursuant to Subsection G of this section, the county clerk
shall:
(1) notify the secretary of state of any
polling place changes;
(2) provide public notice and updates through
official channels; and
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(3) ensure adequate signage at the original
polling place to inform voters of the new location or absentee
voter assistance unit placement. "
SECTION 5. Section 1-4-8 NMSA 1978 (being Laws 1969,
Chapter 240, Section 66, as amended) is amended to read:
"1-4-8. DUTIES OF COUNTY CLERK--ACCEPTANCE OF
REGISTRATION--CLOSE OF REGISTRATION--LATE REGISTRATION.--Except
for qualified electors who register to vote or update a
certificate of registration at a voting location prior to
voting pursuant to Section 1-4-5.7 NMSA 1978, for qualified
electors seeking to register to vote or update an existing
voter registration in the state, the following provisions shall
apply:
A. [to participate in an election, the deadline to
register to vote or update an existing voter registration is
twenty-eight days prior to that election ] the books shall close
for paper voter registration on the twenty-eighth day before an
election, and online and electronic voter registrations may be
processed until the Friday immediately preceding an election ;
B. the county clerk shall receive certificates of
registration at all times during normal working hours, except
that the clerk shall not process any certificate of
registration subscribed and sworn beginning the first business
day after the deadline to register to vote or update an
existing voter registration before an election if the
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residential address on the certificate of registration
indicates that the registration is for a:
(1) statewide election, within the county; or
(2) special election, within any precinct in
the county in which votes may be cast in the special election;
C. between the deadline to register to vote or
update an existing voter registration through the day of the
election, the county clerk shall process all:
(1) new voter registrations that meet the
requirements of this section;
(2) updates to existing voter registrations in
this state that meet the requirements of this section; provided
that an update to an existing registration in this state shall
not be processed if the voter has requested or been sent a
ballot in the election, unless the voter executes an affidavit
stating that the voter has not and will not vote the ballot
that was issued and the ballot register does not show that a
ballot from the voter has been cast in the election; and
(3) pending cancellations of existing voter
registrations in this state through the day of the election;
provided that a cancellation of an existing voter registration
shall not be processed if the voter has requested or been sent
a ballot in the election;
D. certificates of registration and cancellations
of existing voter registrations not processed pursuant to
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Subsection B or C of this section may be processed beginning
the Monday following an election and shall be processed
beginning no later than the first business day after the
approval of the county canvass report for that election, at
which time a voter information document shall be mailed to the
registrant at the address shown on the certificate of
registration; provided that if there is a subsequent election
scheduled at which a qualified elector or voter would be
eligible to vote if the certificate of registration were
processed on an earlier date, the certificate of registration
for that qualified elector or voter shall be processed by the
county clerk on a day and in a manner to ensure the ability of
the qualified elector or voter to vote in the subsequent
election;
E. when the deadline to register to vote or update
an existing voter registration prior to an election referred to
in this section is a Saturday, Sunday or state holiday,
registration certificates shall be accepted through the next
succeeding business day for the office of the county clerk; and
F. the county clerk shall accept for filing and
process any certificate of registration that is subscribed and
dated on or before the deadline to register to vote or update
an existing voter registration prior to an election and:
(1) received by the county clerk by the end of
the last regular business day of the week for the office of the
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county clerk immediately following the deadline to register to
vote or update an existing voter registration prior to an
election;
(2) mailed and postmarked on or before the day
of the deadline to register to vote or update an existing voter
registration prior to any election referred to in this section;
or
(3) accepted at a state agency designated
pursuant to Section 1-4-5.2 NMSA 1978."
SECTION 6. A new section of the Absent Voter Act is
enacted to read:
"[NEW MATERIAL] ABSENTEE VOTER ASSISTANCE UNIT.--
A. A county clerk shall establish and operate
absentee voter assistance units as designated election day
voting alternatives, each of which shall be assigned an
election board and necessary materials to:
(1) issue absentee ballots, facilitate
provisional same-day registration and voting and observe voters
filling out and sealing their absentee ballots; and
(2) securely transport ballots to the absentee
ballot election board for processing, ensuring proper chain of
custody procedures; provided that the presiding judge or a
designated messenger shall transport ballots, ensure proper
staffing of election boards as required and sign off on the
chain of custody.
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B. An absentee voter assistance unit shall operate
inside secure congregate facilities, including jails, nursing
homes and hospitals, and shall travel to secure areas within
these facilities to serve eligible voters and prospective
same-day registrants. The unit shall operate for a minimum of
two hours and shall remain open until 7:00 p.m. if necessary to
allow all eligible voters who wish to vote to cast a ballot.
The unit shall begin operations no later than 9:00 a.m.
C. An absentee voter assistance unit shall not be
considered a substitute for a consolidated precinct or voter
convenience center unless a declared emergency renders a
designated polling place destroyed, inaccessible or unsafe, as
determined by the secretary of state.
D. An individual who appears at an absentee voter
assistance unit and is not registered to vote but is otherwise
eligible to vote may complete same-day voter registration and
cast a provisional ballot. Provisional ballots cast pursuant
to this section shall be processed in accordance with the
procedures established in Section 1-6-16.2 NMSA 1978. A voter
who casts a provisional ballot due to same-day registration may
cure the voter's ballot by providing identification or
completing an affidavit of identity before the statewide
election certification deadline.
E. A county clerk shall ensure that residents of a
secure congregate facility staying longer than thirty days have
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the opportunity to apply for absentee ballots in advance of
election day and that same-day registration for residents
follows the requirements set forth in Section 1-4-5.7 NMSA
1978.
F. During an emergency and as part of a county
clerk's emergency contingency plan, a county clerk may, with
the approval of the secretary of state, expand absentee voter
assistance unit operations to serve additional temporary
congregate facilities. A county clerk may use the absentee
voter assistance unit to ensure continued voter access in
emergency situations, including at:
(1) shelters;
(2) evacuation centers; and
(3) other facilities established for displaced
persons.
G. As used in this section, "secure congregate
facility" means a location with restricted access where
residents receive long-term or temporary housing or medical
care or supervision, including correctional institutions,
long-term care facilities, emergency shelters and tribal
locations that have been closed to the public."
SECTION 7. Section 1-6-22.1 NMSA 1978 (being Laws 2009,
Chapter 251, Section 1 and Laws 2009, Chapter 274, Section 1,
as amended) is amended to read:
"1-6-22.1. MAIL BALLOT ELECTION PRECINCT--ABSENTEE VOTING
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IN LIEU OF POLLING PLACE.--
A. Notwithstanding the provisions of Sections
1-1-11 and 1-1-12 NMSA 1978, not later than the first Monday in
November of each odd-numbered year, a board of county
commissioners may designate a precinct as a mail ballot
election precinct if, upon a written request of the county
clerk, it finds that the precinct has fewer than one hundred
voters and the nearest polling place for an adjoining precinct
is more than twenty miles driving distance from the boundary
for the precinct in question.
B. If a precinct is designated a mail ballot
election precinct, in addition to the notice required pursuant
to Section 1-3-8 NMSA 1978, the county clerk shall notify by
mail with delivery confirmation all voters in that precinct at
least forty-two days before an election that each voter will be
sent an absentee ballot twenty-eight days before the election
and that there will be no polling place for the precinct on
election day. The county clerk shall include in the notice a
card informing the voter that if the voter does not want to
receive an absentee ballot for that election, the voter should
return the card before the date the county clerk is scheduled
to mail out absentee ballots. The notice shall also inform the
voter that a voting system equipped for persons with
disabilities will be available at all early voting locations
before election day and in the office of the county clerk on
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election day in case the voter prefers to vote in person and
not by mail. In addition, the notice shall inform the voter of
the ability of the voter to cast a ballot at any voter
convenience center on election day if the voter chooses not to
receive an absentee ballot, or to cast a replacement ballot at
any early voting location or voter convenience center if the
voter does not receive an absentee ballot, which will be
counted upon confirmation that the voter has not returned the
absentee ballot. The notice shall also contain the information
required in the voter notification sent by the secretary of
state on behalf of each county clerk in advance of a statewide
election pursuant to Section 1-11-4.1 NMSA 1978.
C. The county clerk shall mail each voter in the
mail ballot election precinct an absentee ballot on the twenty-
eighth day before an election, unless the voter has requested
otherwise, along with a notice that there will be no polling
place in that precinct on election day.
D. The county clerk and the board of county
commissioners may designate a precinct as a mail ballot
election precinct if more than fifty-five percent of active
registered voters in the precinct are on the permanent absentee
list."
SECTION 8. Section 1-11-18 NMSA 1978 (being Laws 1977,
Chapter 222, Section 34) is amended to read:
"1-11-18. ELECTION SUPPLIES.--The secretary of state
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shall prescribe the types and number of election supplies to be
used in the precincts. At least ninety days before an
election, the county clerk shall determine the supply needs at
secure congregate facilities, based upon the rolling daily
average of eligible voters at each facility. "
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