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Local Election Act; 1 AN ACT 2 RELATING TO ELECTIONS; ENACTING THE LOCAL ELECTION ACT; 3 PROVIDING FOR A SINGLE ELECTION DAY AND UNIFORM PROCESSES FOR 4 CERTAIN LOCAL GOVERNMENT ELECTIONS; PROVIDING THAT CERTAIN 5 BALLOT MEASURE ELECTIONS THAT ARE HELD AT TIMES OTHER THAN 6 WITH REGULAR LOCAL ELECTIONS ONLY BE CONDUCTED BY MAILED 7 BALLOT; REQUIRING SPECIAL STATEWIDE BALLOT QUESTION ELECTIONS 8 TO BE CONDUCTED BY MAILED BALLOT; PROHIBITING ADVISORY 9 QUESTIONS ON THE BALLOT; UPDATING CIRCUMSTANCES CAUSING A 10 VACANCY IN LOCAL OFFICE; NAMING CHAPTER 1, ARTICLE 24 NMSA 11 1978 THE "SPECIAL ELECTION ACT"; CHANGING THE LIMITS ON SOIL 12 AND WATER CONSERVATION LEVIES; REPEALING THE SCHOOL ELECTION 13 LAW, THE MAIL BALLOT ELECTION ACT, THE MUNICIPAL ELECTION 14 CODE AND OTHER PROVISIONS OF LAW IN CONFLICT WITH THE LOCAL 15 ELECTION ACT; MAKING CONFORMING AMENDMENTS TO OTHER SECTIONS 16 OF LAW; MAKING AN APPROPRIATION. 17 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: 19 SECTION 1. Section 1-1-19 NMSA 1978 (being Laws 1969, 20 Chapter 240, Section 19, as amended) is amended to read: 21 "1-1-19. ELECTIONS COVERED BY CODE.-- 22 A. The Election Code applies to the following: 23 (1) general elections; 24 (2) primary elections; 25 (3) special elections; HLELC/HB 98 Page 1 1 (4) elections to fill vacancies in the 2 office of United States representative; 3 (5) local elections included in the Local 4 Election Act; and 5 (6) recall elections of county officers, 6 school board members or applicable municipal officers. 7 B. To the extent procedures are incorporated or 8 adopted by reference by separate laws governing such 9 elections or to the extent procedures are not specified by 10 such laws, certain provisions of the Election Code shall also 11 apply to special district elections not covered by the Local 12 Election Act." 13 SECTION 2. Section 1-2-1.1 NMSA 1978 (being Laws 1979, 14 Chapter 74, Section 3, as amended) is amended to read: 15 "1-2-1.1. ATTORNEY GENERAL REQUIRED TO ASSIST SECRETARY 16 OF STATE--DISTRICT ATTORNEYS REQUIRED TO ASSIST SECRETARY OF 17 STATE AND COUNTY CLERKS.-- 18 A. The attorney general shall, upon request of the 19 secretary of state, provide legal advice, assistance, 20 services and representation as counsel in any action to 21 enforce the provisions of the Election Code. 22 B. Upon the request of the secretary of state or a 23 county clerk, the attorney general and the several district 24 attorneys of the state shall assign investigators or lawyers 25 to aid the secretary of state and county clerks to ensure the HLELC/HB 98 Page 2 1 proper conduct of an election. 2 C. Each district attorney shall assign a lawyer to 3 be the elections prosecutor for the judicial district or for 4 each county in the judicial district. The district attorney 5 shall communicate and maintain current the name and contact 6 information of the assigned elections prosecutor to the 7 secretary of state and to each county clerk in the judicial 8 district. The assigned elections prosecutor shall receive 9 from the county clerk in the prosecutor's county or judicial 10 district referrals of suspected violations of the Election 11 Code. The assigned elections prosecutor shall each month 12 report in writing to the county clerk and the district 13 attorney the status of each referral until the matter is 14 concluded." 15 SECTION 3. Section 1-3-2 NMSA 1978 (being Laws 1969, 16 Chapter 240, Section 51, as amended) is amended to read: 17 "1-3-2. PRECINCTS--DUTIES OF COUNTY COMMISSIONERS.-- 18 A. In June or July of each odd-numbered year, the 19 board of county commissioners shall by resolution: 20 (1) designate the polling place of each 21 precinct that shall provide individuals with physical 22 mobility limitations an unobstructed access to at least one 23 voting machine; 24 (2) consolidate any precincts for the next 25 succeeding primary and general elections pursuant to Section HLELC/HB 98 Page 3 1 1-3-4 NMSA 1978; 2 (3) designate any mail ballot election 3 precincts for the next succeeding primary and general 4 elections; 5 (4) consolidate precincts for the regular 6 local elections following the next succeeding general 7 election as provided in Section 1-3-4 NMSA 1978; 8 (5) designate any mail ballot election 9 precincts for the regular local election following the next 10 succeeding general election; 11 (6) create additional precincts to meet the 12 requirements of Section 1-3-1 NMSA 1978 or upon petition 13 pursuant to Section 4-38-21 NMSA 1978; 14 (7) create additional polling places in 15 existing precincts as necessary pursuant to Section 1-3-7.1 16 NMSA 1978; and 17 (8) divide any precincts as necessary to 18 meet legal and constitutional requirements for redistricting. 19 B. Polling places, consolidated precincts and mail 20 ballot election precinct designations established in the 21 resolution adopted pursuant to Subsection A of this section 22 for primary and general elections shall be the same used for 23 any special election for the office of United States 24 representative held in the two succeeding calendar years 25 following adoption of the resolution. HLELC/HB 98 Page 4 1 C. The county clerk shall notify the secretary of 2 state in writing of any proposed changes in precincts or the 3 designation of polling places made by the board of county 4 commissioners and shall furnish a copy of the map showing the 5 current geographical boundaries, designation and word 6 description of each new polling place and each new or changed 7 precinct. 8 D. The secretary of state shall review all new or 9 changed precinct maps submitted pursuant to this section for 10 compliance under the Precinct Boundary Adjustment Act. Any 11 necessary precinct boundary adjustments shall be made and 12 submitted to the secretary of state no later than the first 13 Monday in December of each odd-numbered year. Upon approval 14 of the new or changed precincts by the secretary of state, 15 the precincts and polling places as changed by the resolution 16 of the boards of county commissioners and approved by the 17 secretary of state shall be the official precincts and 18 polling places for the next succeeding primary and general 19 elections and the regular local election following the next 20 succeeding general election." 21 SECTION 4. Section 1-3-4 NMSA 1978 (being Laws 1975, 22 Chapter 255, Section 30, as amended) is amended to read: 23 "1-3-4. CONSOLIDATION OF PRECINCTS.-- 24 A. Precincts may be consolidated by the board of 25 county commissioners for the following elections: HLELC/HB 98 Page 5 1 (1) primary and general elections; and 2 (2) local elections. 3 B. When precincts are consolidated for a primary 4 and general election or a regular local election, the 5 resolution required by Section 1-3-2 NMSA 1978, in addition 6 to the other matters required by law, shall state therein 7 which precincts have been consolidated and the designation of 8 the polling place. In addition, when consolidating 9 precincts: 10 (1) any voter of the county shall be allowed 11 to vote in any consolidated precinct polling location in the 12 county; 13 (2) each consolidated precinct in a primary 14 or general election shall be composed of no more than ten 15 precincts; 16 (3) each consolidated precinct in a local 17 election shall be composed of no more than twenty precincts; 18 (4) each consolidated precinct shall comply 19 with the provisions of Section 1-3-7 NMSA 1978; 20 (5) each consolidated precinct polling 21 location shall have a broadband internet connection and 22 real-time access to the statewide voter registration 23 electronic management system; 24 (6) the county clerk may maintain any 25 alternative voting locations previously used in the same HLELC/HB 98 Page 6 1 election open for voting on election day for any voter in the 2 county, in addition to the polling location established in 3 each consolidated precinct; and 4 (7) the board of county commissioners may 5 permit rural precincts to be exempted from operating as or 6 being a part of a consolidated precinct; provided that if the 7 precinct is not designated as a mail ballot election precinct 8 pursuant to Section 1-6-22.1 NMSA 1978 and the polling place 9 for the rural precinct does not have real-time access to the 10 statewide voter registration electronic management system, 11 voters registered in a rural precinct as described in this 12 paragraph are permitted to vote in any consolidated precinct 13 polling location on election day only by use of a provisional 14 paper ballot, which shall be counted after the county clerk 15 confirms that the voter did not also vote in the rural 16 precinct. 17 C. Unless the county clerk receives a written 18 waiver from the secretary of state specifying the location 19 and specific provision being waived, each consolidated 20 precinct polling location shall: 21 (1) have ballots available for voters from 22 every precinct that is able to vote in the consolidated 23 precinct; 24 (2) have at least one optical scan tabulator 25 programmed to read every ballot style able to be cast in the HLELC/HB 98 Page 7 1 consolidated precinct; 2 (3) have at least one voting system 3 available to assist disabled voters to cast and record their 4 votes; 5 (4) have sufficient spaces for at least five 6 voters to simultaneously and privately mark their ballots, 7 with at least one of those spaces wheelchair-accessible; 8 (5) have sufficient check-in stations to 9 accommodate voters throughout the day as provided in Section 10 1-9-5 NMSA 1978; 11 (6) have a secure area for storage of 12 preprinted ballots or for storage of paper ballot stock and a 13 system designed to print ballots at a polling location; 14 (7) issue a ballot to voters who have 15 provided the required voter identification after the voter 16 has signed a signature roster or an electronic equivalent 17 approved by the voting system certification committee or 18 after the voter has subscribed an application to vote on a 19 form approved by the secretary of state; and 20 (8) be in a location that is accessible and 21 compliant with the requirements of the federal Americans with 22 Disabilities Act of 1990.
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