Current through Register Vol. 35, No. 18, September 24, 2024
List maintenance activities shall be conducted in a
non-discriminatory manner and in no instance shall select groups of voters be
targeted for cancellation or removal from the voter file.
A. Confirmation mailings for voters
designated as NVRA under Section
1-4-28 NMSA 1978 (change of
address).
(1) The SOS shall contract with a
postal service approved vendor of the national change of address program (NCOA)
pursuant to Section
1-4-28 NMSA 1978. The entire
statewide voter file shall be compared to the NCOA listings for the
confirmation mailing.
(2) The SOS
shall also create a file of all active voters designated NVRA on the statewide
voter file due to an initial undeliverable mailing returned to the county clerk
or SOS and so designated by the county clerk in the county voter
file.
(3) All active voters
appearing in either the NCOA or the NVRA files shall be marked with a status of
"inactive" and a status reason of "confirmation mailing" and mailed a
confirmation card to the voter's mailing address by the SOS.
(4) The SOS shall deliver returned and
address corrected confirmation cards to the county clerk and the county clerk
shall enter the corrected address into the voter file, scan the confirmation
card and attach the scanned image to the voter's record in the voter file. The
physical confirmation card shall be attached to the voter's certificate of
registration to be filed in the county register.
(5) The SOS shall return to the county clerk
any confirmation card with an address indicating that the voter has moved to
another state or county. If the voter has moved to another county, the county
clerk shall forward a photocopy or scanned image of the confirmation card to
the county clerk of that county and the voter shall be mailed a new certificate
of registration by the county clerk of the county where the voter now
resides.
(6) The SOS shall return
to the county clerk any confirmation card that indicates the voter has moved to
another state or country. The county clerk shall mark the record with a status
of "removable" and a status reason of "moved outside of county/city," remove
the certificate of registration from the county register with the confirmation
card attached, and retain it for six years. The county clerk shall also scan
the card and attached it to the electronic voter record.
(7) The SOS shall return to the county clerk
any confirmation card that is returned as undeliverable. The county clerk shall
log the mail as undeliverable in the electronic voter record and attach the
confirmation card to the certificate of registration in the county register.
The county clerk shall also scan the card and attached it to the electronic
voter record.
(8) A voter is
eligible for removal from the voter file if the voter has not been returned to
active status, corrected the voter's address on the certificate of registration
and not appeared to vote during a period beginning on the date of the
confirmation mailing and ending on the day after the date of the second general
election that occurs after the date of the confirmation mailing.
(9) Cancellation of voter registration shall
be by the board of registration and subject to the provisions of the Election
Code. Upon cancellation, the county clerk shall remove the certificate of
registration from the county register and retain it for six
years.
B. Street file
maintenance: The county clerk shall establish a street file of standard 911
residential addresses within the voter file to determine a registrant's
physical address and shall attempt to correct all non-standard addresses, if
any.
C. Precinct assignments: The
county clerk shall ensure that all political subdivision changes due to
reapportionment, redistricting or annexations are entered into the voter file
and voters are assigned to correct voting districts, precincts or precinct
parts, if any. The county clerk shall also conduct an audit in every odd
numbered year to ensure that all precinct assignments are correct and shall
ensure all discrepancies that are discovered in the audit are corrected as soon
as possible and at least by the end of the odd numbered year.
D. Felony incarceration.
(1) The SOS, via the voter records system,
shall enter, as the method of forwarding to county clerks, information on state
and federal felony incarcerations into the statewide voter file upon receipt
from the administrative office of the courts, the department of corrections,
the department of justice, or other legally recognized source. Within five
business days of receiving information from the voter records system, the
county clerk shall check to see if there is a strong or weak match with a voter
in the voter file. If there is a strong match, the county clerk shall remove
the voter's voter registration certificate from the county register and mark
the record in the electronic voter file system with a status code of "not
eligible" and a status reason of "felony incarceration." If there is a weak
match, the county clerk shall conduct a further investigation to determine if
there is actually a match between the felon record and the voter in the voter
file. The county clerk may contact the appropriate agency to resolve weak
matches of data. The county clerk may contact the SOS to request assistance in
resolving weak matches of data in the felon records.
(2) Upon determining a positive match due to
felony incarceration, the county clerk shall confirm the applicant appeared
personally before a county clerk, the clerk's authorized representative or a
precinct board member, at an office of the motor vehicle division of the
taxation and revenue department or at a state agency that provides public
assistance or services to persons with disabilities. If the county clerk
confirms this information, the registration shall be accepted. If the county
clerk does not confirm this information, the county clerk shall process the
application with a status of "not eligible" and a status reason of "felony
incarceration" and send a notice to the applicant with an explanation that an
otherwise qualified elector is ineligible to register to vote while
incarcerated in a correctional facility for a felony conviction. The notice
shall provide information on how they can reinstate their registrant status if
the person believes the cancellation has occurred in error, within five
business days, but as soon as is practicable.
(3) Upon release from a correctional
facility, a voter or a qualified elector who appears personally before a county
clerk, the clerk's authorized representative or an election board member, at an
office of the motor vehicle division of the taxation and revenue department or
at a state agency that provides public assistance or services to persons with
disabilities is presumed to meet the voting and voter registration eligibility
requirement of not being incarcerated.
E. Deceased voters.
(1) The SOS, via the voter records system,
shall enter, as the method of forwarding to county clerks, the list of deceased
voters received from the DOH into the statewide voter registration system.
Within five business days of receiving information in the voter records system,
the county clerk shall determine if there is a strong or weak match with a
voter in the voter file. If there is a strong match, the county clerk shall
mark the record in the statewide voter registration system with a status code
of "removable" and a status reason of "deceased." If there is a weak match, the
county clerk shall conduct a further investigation to determine if there is
actually a match between the death record and the voter in the voter file and
may contact appropriate agencies in an attempt to resolve weak matches of data.
The county clerk may contact the SOS to request assistance in resolving weak
matches of data in the death records.
(2) The county clerk may also utilize
information provided in the obituaries in the local newspaper of record, online
sites containing such records, or signed and notarized statements from family
members to positively confirm deceased status. The county clerk may also use
probate information, death certificates, or information pursuant to Subsection
F of Section
1-4-25 NMSA 1978, to determine
strong or weak matches with a voter in the voter file. If there is a strong
match, the county clerk shall mark the record in the statewide voter
registration system with a status code of "removable" and a status reason of
"deceased." If there is a weak match, the county clerk shall conduct a further
investigation to determine if there is actually a match between the death
record and the voter in the voter file and may contact appropriate agencies in
an attempt to resolve weak matches of data. The county clerk may contact the
SOS to request assistance in resolving weak matches of data in the death
records.
(3) Upon designating a
voter as cancelled in the voter file, the county clerk shall remove the voter's
certificate of registration from the county register and retain it for six
years.
F. Native
American deceased processing: For counties that include tribal or pueblo land
and precincts, that county's Native American coordinator shall coordinate with
the tribe or pueblo officials at least three times per year to identify
deceased voters on the rolls as follows:
(1)
The county Native American coordinator shall request a notarized list of
deceased residents since the last time period requested, that includes full
name, DOB, gender, address, SSN, and place and date of death from the tribe or
pueblo. Pursuant to Subsection F of Section
1-4-25 NMSA 1978, the notarized
list must be provided by the president or governor of an Indian nation, tribe
or pueblo, or from a tribal enrollment clerk.
(2) Upon receipt of the notarized listing,
the county shall determine if there is a strong or weak match with a voter in
the voter file. If there is a strong match, the county clerk shall mark the
record in the statewide voter registration system with a status code of
"removable" and a status reason of "deceased." If there is a weak match, the
county clerk shall conduct a further investigation to determine if there is
actually a match between the death record and the voter in the voter file. In
the case of a weak match, the county clerk may send a letter to the residence
address or relative requesting confirmation of the death. The relative will be
asked to provide a signed statement from a family member indicating that the
voter in question is deceased. If no response or no supporting documentation is
provided, the voter's record is left unaltered and will remain on the voter
registration rolls. The record will be subject to the normal NVRA purge
process.
G. Other state
notifications: Upon receiving notification by another state of a voter
registering to vote in that state, the county clerk shall cancel that voter's
registration and designate as "removable" and status reason to "moved outside
of county/city."