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2005 Election Reform Bills

Last update: March 19, 2005

ABBREVIATIONS

HAFC: House Appropriations and Finance Committee
HCPAC: House Consumer and Public Affairs Committee
HJC: House Judiciary Committee
HVEC: House Voters and Elections Committee
SJC: Senate Judiciary Committee
SRC: Senate Rules Committee

From the web site of the New Mexico Legislature you can access all bills through the Bill Finder, searching by bill number, sponsor, or key word. The Bill Watcher allows you to register to receive e-mail when any action is taken on a bill which you wish to track.

General Election Reform

SB 718 VOTER IDENTIFICATION AND BALLOT COUNTING (ORTIZ Y PINO)
NB: This link now takes you to the SRC Substitute SB 678, THIRD-PARTY ELECTION REGISTATION AGENTS (LOPEZ).
STATUS: The SJC Substitute for SB 678 passed the Senate 24 to 17. Passed HVEC, supplanting HB 1063 and with at least one good amendment. Passed the House on March 18, and the Senate again, as amended, near midnight. Headed for the Governor, who has said he will sign it. CONGRATULATIONS TO ALL WHO WORKED TO GET THIS BILL THROUGH THE LEGISLATURE!!!
DESCRIPTION: The SRC substitute replaced SB 718, SB 678, SB 680, and SB 735. The SJC substitute made further important amendments, cleaning up much of the language and accepting many of the recommendations of United Voters of New Mexico, notably adding automatic audits. The substitutes folded sections from the Governor's bill (HB 1063) into the four original Senate bills.
As originally drafted, SB 718 dealt with Voter ID, registration, and voter-verified paper ballots. The language of the section on paper ballots was later modified during the first hearing of this bill by the SRC to conform with the language in HB 1026 and SB 962.

HB 1063 OMNIBUS ELECTION REFORM (SANDOVAL)
STATUS: Tabled by HVEC on March 17, at 8 a.m. in favor of the Senate substitute SB 678/718/etc..
DESCRIPTION: (Original bill, before amendments) This is the 58-page "Governor's bill", dealing with registration procedures, absentee ballots, voter identification, provisional ballots, code cleanup, a paper record of votes, and duties of the Secretary of State including substantial improvement of training of poll workers, judges of elections, and canvassers. Modifications to the registration procedures include duplicates for the voter and for the registration agent. Absentee voting modifications include provision for a single application to cover an entire election cycle, electronic transmission of ballots on request, provisions for voter ID, and early processing. Voter ID is also required for in-person early and election day voting, with a broadening of the acceptable forms of identification to include photo identification with an address which does not have to match that on the voter's certificate of registration, government documents also failing to match the voter's registration address, or verbal confirmation of voter's name, year of birth and unique identifier, defined as the last four digits of his social security number. Polling places shall post maps of the precincts represented in that polling place and lists of registered voters. Provisional ballots cast in the incorrect precinct would continue to be accepted, although counting only the votes that the voter was entitled to cast.
Section 33 (p. 40) deals with the so-called "paper trail". All systems must have a "verifiable and auditable paper trail", but there is nothing to indicate that the paper record must be verifiable by the voter. In fact, "auditable paper trail" is explicitly defined to mean "a record that may be used by the state or its contractor to check either the veracity of a machine count or the count itself."
On March 6, an amendment to section 33, dealing with "Use of Paper Trail" was offered by the sponsor. This amendment states that all electronic voting machines must have a Voter Verifiable and Auditable Paper Trail, that the VVAPT is the true and correct record of votes cast, and that a random sample of 3% (2%?) of electronic voting machines will undergo automatic audit. An additional amendment by Representative Martinez calls for a moratorium on buying new electronic voting machines until the proposed Task Force (see HB 742) makes a recommendation as to which ones to buy. A third amendment removed the $1.5 million appropriation from the bill, in order to allow the Task Force to recommend the amount needed. All amendments passed unanimously.

HB 742 CREATE ELECTION REFORM TASK FORCE (LUJAN)
STATUS: Passed the House 56 to 5 with three small amendments from the floor. Passed by the SRC on March 15 and by the SJC on March 18, with amendments, including striking the first House floor amendment. On the Senate floor calendar for March 19 (the "revised Senate supplemental calendar No. 1"), but because of amendments would also have to be revisited by the House before the end of the session.
DESCRIPTION: Establish a 15-member task force, including five members of the general public, to develop recommendations for reform of New Mexico's election laws and report recommendations and suggested legislation to the governor and legislative council by 12/15/05. Includes an emergency clause so that the act would take effect immediately.

A permanent Election Commission would be created by SB 1065.

HB 1064 CONDUCT OF ELECTIONS (SANDOVAL)
STATUS: On the HVEC agenda for Thursday, March 17, at 8 a.m.
DESCRIPTION: This is much less extensive than the preceding bill, but also deals with registration procedures and absentee ballots, among many other topics. It includes material on third-party registration agents, makes some changes to the Voter Records System Act to comply with the federal Help America Vote Act (HAVA) of 2002, and deals with voter registration software. Absentee voting reforms are generally similar to other bills including HB1063. Some changes are made in the parts of the code dealing with requests for assistance in voting. One oddity: references to statistical data are systematically deleted.

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Voter Verifiable Paper Ballots

SB 997 REQUIRE PRINTED PAPER RECORD OF VOTES (DURAN)
STATUS: SRC, not yet scheduled
DESCRIPTION: Requires that voting systems provide a record printed on paper and displayed to the voter for review before that voter's ballot is cast.

SB 1065 ELECTION REQUIREMENTS (MCSORLEY)
STATUS: Second on the SRC agenda for Tuesday, March 15, after the floor session.
DESCRIPTION: Requires that all voting systems approved by the Secretary of State have voter-verifiable paper ballots and open-source software, and be open to independent audits or investigations as may be required by recounts. Requires post-election audits of 10% of the precincts in each county, backed up by statistical evaluation of the results and additional recounts or reheld elections where necessary. Creates an election commission to establish criteria for electoral quality and conduct audits, certifying audit and recount results. Also includes various requirements for handling of memory cartridges, canvassing absentee ballots, notifying and providing remedies for voters whose ballots have been disqualified, and specifies public observation of testing.

HB 1026 / SB 962 REQUIRE VERIFIABLE PAPER BALLOTS (GARCIA / TAYLOR)
STATUS: HB 1026 was tabled by HVEC on March 8 and referred to the interim study committee. SB 962 has not been scheduled by the SRC.
DESCRIPTION: Require all voting systems to produce a voter-verifiable paper ballot, to become the official ballot of record for recounts and audits, with all non-compliant systems to be replaced not later than July 1, 2008. Also allow the Secretary of State to test and certify new systems before application by the manufacturer when such systems have been certified by NASED or other states. Includes an emergency clause so that the act would take effect immediately.

HB 1103 VOTING SYSTEM PURCHASE MORATORIUM (MARTINEZ)
STATUS: Passed by the House on March 10 after being amended so that it does not apply to purchases under the HAVA for persons covered by the ADA. Now in the SRC.
DESCRIPTION: This act would forbid the purchase of voting systems that do not provide a voter verifiable and auditable paper trail before March 1, 2006, and would require that "the appropriate legislative interim committee or task force" report on voting system issues by December 15, 2005. According to the associated FIR, the SOS believes that this conflicts with HAVA and has proposed a clause exempting her purchases of machines to meet the HAVA requirements for voters with disabilities. No such clause appears in the version of the bill which is on the web as the HVEC Committee Substitute.

See also SB 718 VOTER IDENTIFICATION AND BALLOT COUNTING (ORTIZ Y PINO) and HB 1063 OMNIBUS ELECTION REFORM (SANDOVAL)

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Voter ID

HB 18 REQUIRE VOTER IDENTIFICATION (FOX-YOUNG)
HB 41 / SB 40 REQUIRE VOTER IDENTIFICATION (MARQUARDT / DURAN)
HB 63 REQUIRE VOTER IDENTIFICATION (LARRANAGA)
HB 208 REQUIRE VOTER IDENTIFICATION (HOBBS)
STATUS: The four House bills were heard by HCPAC on February 3. A Committee substitute for all four plus HV329 (below) was forwarded to the HVEC (designated as HB18), where it was tabled on February 17.
SB 40 was extensively amended by the SRC on March 2 and forwarded to the SJC. The amendments bring SB 40 more into line with the Voter ID language in the SRC Committee Substitute bill for SB 718 (going forward as SB 678). For example, it includes the original SB 718 provision that county clerks send out voter identification cards before each statewide election.
DESCRIPTION: All of these bills would require voter identification to be presented at the time of voting. They differ in details of how voter identification would be handled for absentee ballots and whether identification provided by Indian nation tribes and pueblos should be added to the currently accepted types of identification. Some provide for the electronic transmisstion of absentee ballots upon request.

HB 20 VOTER ID BY SIGNATURE (FOX-YOUNG)
STATUS: Tabled by HVEC.
DESCRIPTION: Voter identification by signature verification based on a facsimile available at the polling place in the case of in-person voting.

HB 329 ELECTION REFORMS (PAYNE)
STATUS: Subsumed into the HCPAC Committee Substitute for HB 18, above.
DESCRIPTION: In addition to standard voter identification language, this bill would require that each voter be given a paper receipt with his ballot number on it. Also, a voter who has received an absentee ballot would be able to take that ballot to the county clerk's office and cast it there.

HJR 11 REQUIRE VOTER IDENTIFICATION, CA (YOUNGBERG)
STATUS: HCPAC, not yet scheduled.
DESCRIPTION: Amend Article 7, Section 1 of the New Mexico Constitution to require voters to present identification at the time of voting.

HB 1062 ELECTION DAY VOTER IDENTIFICATION (HALL)
STATUS: Tabled by HVEC on March 8 and referred to interim study committee.
DESCRIPTION: Taking a leaf from Iraq, this bill would require that an election-day voter's thumb or finger be marked with indelible ink.

See also SB 718 VOTER IDENTIFICATION AND BALLOT COUNTING (ORTIZ Y PINO), HB 1063 OMNIBUS ELECTION REFORM (SANDOVAL), and HB 1064 CONDUCT OF ELECTIONS (SANDOVAL).

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Provisional Ballots

HB 29 PROVISIONAL BALLOT COUNTING REQUIREMENTS (FOX-YOUNG)
STATUS: HCPAC, not yet scheduled.
DESCRIPTION: Requires that provisional ballots be cast in the precinct, not merely in the county as currently, where the voter is registered.

HB 686 PROVISIONAL BALLOT PROCESSING REQUIREMENTS (GARCIA)
STATUS: Forwarded without recommendation by HCPAC to HVEC on February 24. To be heard by HVEC on Tuesday, March 1, 8:30 a.m.
DESCRIPTION: Modifies some details of processing provisional ballots, and also requires detailed certification by precinct boards of ballot numbers by type, including numbers of spoiled ballots.

HB 25 STANDARD PROVISIONAL BALLOT COUNTING RULES (FOX-YOUNG)
STATUS: Forwarded from HCPAC to HVEC without recommendation. Tabled by HVEC on February 10.
DESCRIPTION: Instructs the SOS to promulgate rules for statewide uniform counting of provisional ballots.

HB 898 SIGNED STATEMENTS FOR PROVISIONAL BALLOTS (MARTINEZ)
STATUS: HVEC agreed on March 10 to forward this to the House Floor but it is to be amended there before being passed.
DESCRIPTION: Provides for voter to sign affirmation statement when voting provisionally, following HAVA language.

See also HB 1063 OMNIBUS ELECTION REFORM (SANDOVAL).

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Absentee Voting

HB 19 ABSENTEE BALLOTS TO OVERSEAS VOTERS (FOX-YOUNG)
STATUS: Forwarded from HCPAC to HVEC without recommendation. Tabled by HVEC on February 10.
DESCRIPTION: Allow absentee ballots to be mailed overseas as soon as possible after receipt of request, and require only one request per election cycle to receive absentee ballots for the entire cycle.

HB 21 ALLOW ABSENTEE VOTING FOR 40 DAYS (FOX-YOUNG)
STATUS: Forwarded from HCPAC to HVEC without recommendation. Tabled by HVEC on February 10.
DESCRIPTION: Allow absentee ballots to be accepted up to 40 days before Election Day.

HB 266 / SB 735 ABSENTEE BALLOT PROCESSING AND RECORDS (SANDOVAL / LOPEZ)
STATUS: HB 266 was forwarded from HCPAC to HVEC without recommendation. Tabled by HVEC on February 15. SB 735 was replaced by the SRC Committee Substitute for SB 678 on February 25. Please see SB 718 for further updates.
DESCRIPTION: Allow the absentee precinct boards to begin counting absentee ballots five days before Election Day, and require only one request per election cycle to receive absentee ballots for the entire cycle.

HB 735 ABSENTEE BALLOT ACCEPTANCE AND COUNTING (PICRAUX)
STATUS: Tabled by HVEC on March 8, referred to interim study committee.
DESCRIPTION: Accept absentee ballots received up to one week past Election Day, provide the postmark was on or before Election Day.

HB 1065 ELECTION REQUIREMENTS (SANDOVAL)
STATUS: Passed HVEC with amendments on March 5. Passed the House on March 10. Assigned to SRC/SJC.
DESCRIPTION: This appears to be a slight modification of HB 266, above. What is omitted is some language in the earlier bill that specified that the absentee ballots register should be considered a public record open to public inspection.

See also HB 1063 OMNIBUS ELECTION REFORM (SANDOVAL) and HB 1064 CONDUCT OF ELECTIONS (SANDOVAL).

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Voter Registration

HB 701 / SB 621 SAME-DAY VOTER REGISTRATION (TRUJILLO / ORTIZ Y PINO)
STATUS: HB 701 was tabled by HVEC on March 8 and referred to the interim study committee. SB 621 was passed by the SRC on March 9 and forwarded to the SJC.
DESCRIPTION: Allow same-day registration at the precinct in which the would-be voter resides, upon presentation of one of the usual forms of ID. The voter would cast a provisional ballot, and his registration would be recorded before the provisional ballots are counted.

HB 361 / SB 678 THIRD-PARTY ELECTION REGISTRATION AGENTS (SANDOVAL / LOPEZ )
STATUS: HB 361 was forwarded from HCPAC to HVEC without recommendation. Tabled by HVEC on February 15. SB 678 was replaced by an SRC Committee Substitute on February 25. Please see SB 718 for further updates.
DESCRIPTION: Require third-party agents to register with the Secretary of State, who may issue additional rules to insure the integrity of the registration process.

SB 83 VOTER REGISTRATION CLOSING TIMES (DURAN)
STATUS: SB 83 passed the Senate without dissent on March 2. Given a do-pass by HCPAC on March 12, it is now on the HVEC agenda for Tuesday, March 15, at 8:30 a.m.
DESCRIPTION: Specifies that registration applications must be received within a week of the closing of registration 28 days before an election.

HB 902 ELECTION REGISTRATION CERTIFICATES (CERVANTES)
STATUS: Scheduled for HVEC on Tuesday, March 8, at 8 a.m.
DESCRIPTION: Requires that a voter receive a duplicate of his certificate of registration, which must contain the name of the registration agent, if any, who assisted the registrant. Also specifies that a registrant shall use his given name, middle initial and last name.

See also SB 718 VOTER IDENTIFICATION AND BALLOT COUNTING (ORTIZ Y PINO), HB 1063 OMNIBUS ELECTION REFORM (SANDOVAL), and HB 1064 CONDUCT OF ELECTIONS (SANDOVAL).

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Reporting Requirements

HB 23 ELECTION DAY POLLING PLACE REQUIREMENTS (FOX-YOUNG)
STATUS: Tabled by HVEC
DESCRIPTION: Requires totals of electronic, provisional and emergency ballots cast to be posted at each polling place.

HB 28 ELECTION INFO REPORTING REQUIREMENTS (FOX-YOUNG)
STATUS: Tabled by HVEC
DESCRIPTION: Requires county clerks to report vote totals by type and precinct to be posted by the SOS.

HB 350 VOTE TOTAL REPORTING REQUIREMENTS (CORDOVA)
STATUS: HB 361 was forwarded from HCPAC to HVEC without recommendation. Tabled by HVEC on February 10.
DESCRIPTION: Repeals the requirements that currently exist for reporting absentee, early and election day totals by precinct.

See also HB 686 PROVISIONAL BALLOT PROCESSING REQUIREMENTS (GARCIA)

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Counting, Recounting and Testing

HB 24 COUNTING OF VOTING-MACHINE-REJECTED BALLOTS (FOX-YOUNG)
STATUS: Forwarded from HCPAC to HVEC without recommendation. Tabled by HVEC on February 10.
DESCRIPTION: Specifies a procedure for counting absentee ballots that are rejected by the scanning machine.

HB 27 ELECTION RECOUNT PROCEDURES (FOX-YOUNG)
STATUS: Tabled by HVEC.
DESCRIPTION: Specifies a state-funded recheck, recount or contest in case of a 2% undercount (defined by failure to cast a vote for president or governor) or winning margin of less than 10,000 votes.

HB 26 ADDITIONAL VOTING SYSTEM TESTING (FOX-YOUNG)
STATUS: Tabled by HVEC.
DESCRIPTION: Allows for independent testing of voting machines before elections, or after elections in the event of an undercount of 2% (here defined to include all statewide federal races as well as presidential races).

See also SB 1065, ELECTION REQUIREMENTS (MCSORLEY)

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Code Cleanup

HB 362 / SB 680 ELECTION CODE CLEANUP (SANDOVAL / LOPEZ)
STATUS: HB 362 was forwarded from HCPAC to HVEC without recommendation. Tabled by HVEC on February 15. SB 680 was replaced by the SRC Committee Substitute for SB 678 on February 25. Please see SB 718 for further updates.
DESCRIPTION: Cleans up some of the language in the Election Code.

Similar code cleanup language is included in some of the General Election Reform bills and others.

SOS Election Responsibilities

HB 560 SECRETARY OF STATE ELECTION OVERSIGHT (LUNDSTROM)
STATUS: HCPAC hearing scheduled for Tuesday, February 22, 1:30 p.m. No action has been reported.
DESCRIPTION: Gives the Secretary of State authority to direct a county clerk and appoint a county supervisor of elections if requested by the county commission.

SB 433 SECRETARY OF STATE BALLOT INFO BOOKLET (ORTIZ Y PINO)
STATUS: Passed without opposition by the Senate on March 4. Passed unanimously by HVEC on March 10 and forwarded to HJC.
DESCRIPTION: Requires the Secretary of State to prepare a ballot information booklet before any general or special election including not only a discussion of constitutional amendments (as currently) but also the report of the judicial performance evaluation commission for judges in retention elections.

Felony Convict Voting

HB 64 FELONY CONVICT VOTING REQUIREMENTS (BEAM)
STATUS: Passed by the full House of Representatives, 60-7. Passed by the SRC on March 2, now in the SJC.
DESCRIPTION: Formalizes the duties of the Department of Corrections and the SOS in reinstating voting rights of felons who have completed their sentences.

Straight Party Voting

SB 106 ELIMINATE STRAIGHT PARTY VOTES ON BALLOTS (KOMADINA)
STATUS: SRC, not yet scheduled.
DESCRIPTION: Ballots shall not provide the option to vote a straight party ticket with one mark or selection.

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