TITLE
1 GENERAL GOVERNMENT
ADMINISTRATION
CHAPTER 10 ELECTIONS AND ELECTED OFFICIALS
PART 25 THIRD-PARTY REGISTRATION AGENTS
1.10.25.1 ISSUING AGENCY: Office of the Secretary of State
[1.10.25.1 NMAC - N, 8-15-2005]
1.10.25.2 SCOPE: This rule applies to any special statewide
election, general election, primary election, county wide election or elections
to fill vacancies in the office of United States representative and regular or
special school district elections as modified by the School Election Law
(Sections 1-22-1 to 1-22-19 NMSA 1978).
[1.10.25.2 NMAC - N, 8-15-2005]
1.10.25.3 STATUTORY AUTHORITY: Election Code, Section 1-2-1 NMSA 1978;
Chapter 270, Laws 2005. The issuing
authority shall issue rules to ensure the integrity of the registration process
and require that organizations account for all voter registration forms used by
their registration agents.
[1.10.25.3 NMAC - N, 8-15-2005]
1.10.25.4 DURATION: Permanent.
[1.10.25.4 NMAC - N, 8-15-2005]
1.10.25.5 EFFECTIVE DATE: August 15, 2005 unless a later date is cited
at the end of a section.
[1.10.25.5 NMAC - N, 8-15-2005]
1.10.25.6 OBJECTIVE: The Election Code (Chapter 1, Article 4) was
amended by Chapter 270, Laws 2005. The
purpose of the amendment is to define and regulate third-party voter
registration agents and to set forth procedures, provide for reports and set
penalties for violations.
[1.10.25.6 NMAC - N, 8-15-2005]
1.10.25.7 DEFINITIONS:
A. “Voter registration organization” means one or
more persons organized as a group that are engaged in voter registration
activities and includes, but is not limited to, political parties, candidate
committees, political action committees, political advertising campaigns,
campaign committees and non-partisan interest groups.
B. “Registrant”
means a qualified elector who has completed and subscribed a new or existing
certificate of voter registration.
C. “Registration
agent” means a state, county or
federal employee who provides voter registration at a state agency (a/k/a
registration officer), or tribal registration officer, or any other individual
who assists another person in completion of a voter registration application.
D. “Third-party registration agent” means any individual who solicits and
provides substantive assistance to another person (who is not his or her family
member) in the completion of a certificate of voter registration on behalf of a
voter registration organization that is
not a state, county or federal agency.
E. “Assist” or “assistance” means taking physical
possession of a certificate of voter registration completed by a registrant. An
individual who engages in conduct intentionally designed to either
disenfranchise a potential or current voter or defraud the state of New Mexico
through the voter registration process shall be deemed to have assisted a
voter.
F. “Voter's receipt” means the receipt for the certificate of
voter registration, provided to the voter by a third-party registration agent.
G. “A
person having decision-making authority involving the organization's voter
registration activities”
means a person who organizes or directs voter registration drives.
[1.10.25.7 NMAC -
N, 8-15-2005; A/E, 9-21-2010]
1.10.25.8 SECRETARY OF STATE PROCEDURES:
A. All voter registration organizations shall register with the secretary
of state or a county clerk, prior
to the provision of substantive assistance to a registrant, on a prescribed form that will be made
available on the internet on the secretary of state’s website and at county
clerk offices. The form may be hand-delivered,
hand-delivered by another person, or delivered by mail or as a portable document
format (.pdf) file via email to the secretary of state’s office. The form must bear a legible notary seal or
the equivalent.
C. The
secretary of state’s office shall time and date stamp each completed voter
registration form received before sending the form to the appropriate county
for entry into the voter registration database.
D. Beginning
March 1, 2011, the secretary of state shall prescribe a certificate of voter
registration that includes a receipt for voter registration that shall be
provided to the voter by the third-party registration agent. The voter's
receipt shall include language informing the voter that the third-party
registration agent is responsible for returning the original certificate of
voter registration to the secretary of state or county clerk if
he or she assists in completing the form - i.e.,
if he or she takes possession of the completed form - and that
failure of the third-party registration agent to do so will result in the voter
not being registered to vote in elections in New Mexico.
E. The
secretary of state shall keep a record of all certificates of voter
registration with a traceable number that is provided to voter
registration organizations. The
secretary of state shall also provide New Mexico voter registration forms in
quantities of twenty (20) per third party voter registration agent. The secretary of state retains discretion to
increase these quantities for special events and circumstances. Any member of a voter registration
organization may pick up blank New Mexico voter registration forms, including
on behalf of other third party voter registration agents in the organization,
provided, however, that any agent picking up forms for another agent must
produce the absent agent’s completed log pursuant to Subsection H of 1.10.25.8
NMAC. The secretary of state shall also
keep a list of all third-party registration agents
which will be available on the secretary of state’s website.
F. For
purposes of computing any time period specified in this rule, the secretary of
state’s office and its agents shall exclude intermediate Saturdays, Sundays,
and federal or state holidays.
G. All
third party voter registration agents must complete training regarding the use
of voter registration forms, the requirements that Section 1-4-49 NMSA 1978, places
on third party voter registration agents, and the penalties for failing to
comply with Section 1-4-49 NMSA 1978.
Such training will be offered in person, both from the secretary of state’s
office and from each county clerk in the state of New Mexico, but training must
also be made available to all third party voter registration agents who cannot
attend in person, including making training available through the internet on
the secretary of state’s website.
H. Each
third party voter registration agent shall maintain a log regarding the use of
each blank state of New Mexico voter registration card the agent receives from
the secretary of state or a county clerk.
The log, the form of which will be available on the secretary of state’s
website, shall include the unique identification number associated with each
form, whether the registrant or the third party voter registration agent took
possession of the form upon completion by the registrant, and, if the third
party voter registration agent took possession of the form upon completion by
the registrant, the date the form was completed by the registrant. Third party voter registration agents shall
produce a completed log when requesting additional blank voter registration forms
from the secretary of state or a county clerk.
[1.10.25.8 NMAC - N, 8-15-2005; A/E, 9-21-2010]
1.10.25.9 PRESCRIBED FORMS:
A. Prescribed
form for voter registration organizations.
(1)
Name of voter registration organization.
(2)
Permanent or temporary address,
if any, of the voter registration organization.
(3) Telephone number of the voter registration
organization.
(4) Names
of the officers of the voter registration organization.
(5)
A printed notification that the
prescribed form completed by voter registration organizations is a public
record.
(6)
A signed, sworn statement by a
representative of the voter registration organization that the organization and
its agents will obey all state laws and rules regarding the registration of
voters. The sworn statement shall contain language advising the organization of
the criminal penalties associating with submitting a false registration.
(7)
A printed notification that
completed certificates of voter registration must be placed in the mail or
delivered to the secretary of state or county clerk within forty-eight (48)
hours of the voter registration organization or its agents taking possession of
a certificate of voter registration completed by a registrant. The notification shall specify that the forty-eight
(48) hour deadline excludes intermediate Saturdays, Sundays, and federal or
state holidays.
B. Prescribed
form for third-party registration agents.
(1) Name of organization.
(2) Permanent address of the organization.
(3) Telephone number of the organization.
(4) Name of the third-party registration agent.
(5) Permanent or temporary addresses, if any, of
third-party registration agent.
(6) Date of birth of third-party registration
agent.
(7) Social
security number of third-party registration agent.
(8) Telephone number of third-party registration
agent (optional).
(9) A
signed, sworn statement by each third-party registration agent that the agent
will obey all state laws and rules regarding the registration of voters. The
sworn statement shall contain language advising the agent of criminal penalties
provided for false registration.
(10) A printed notification that completed
certificates of voter registration must be placed in the mail or delivered to
the secretary of state or county clerk within forty-eight (48) hours of the
third-party registration agent taking possession of a certificate of voter
registration completed by a registrant.
The notification shall specify that the forty-eight (48) hour deadline
excludes intermediate Saturdays, Sundays, and federal or state holidays.
(11) A printed notification that the form is a
public record, except for the social security number and date of birth.
[1.10.25.9 NMAC - N, 8-15-2005; A/E, 9-21-2010]
1.10.25.10 COUNTY CLERK PROCEDURES:
A. The
secretary of state may designate county clerks as agents in the
registration of voter registration
organizations and third-party registration agents.
The secretary of state shall provide all prescribed forms to county clerks,
along with directions for their completion and maintenance.
B. The
county clerk shall keep a record of all certificates of voter registration with
a traceable number that is provided to voter registration organizations. A
county clerk shall also provide New Mexico voter registration forms in quantities of twenty (20) per
third party voter registration agent. The county clerk retains discretion to increase these
quantities for special events or circumstances.
Any member of a voter registration organization may pick up blank New
Mexico voter registration forms, including on behalf of other third party voter
registration agents in the organization, provided, however, that any agent
picking forms up for another agent must produce the absent agent’s completed
log pursuant to Subsection H of 1.10.25.8 NMAC.
C. The county clerk shall promptly
forward to the secretary of state copies of all documents required of voter registration organizations and third-party
registration agents and file originals in the office of the county clerk.
[1.10.25.10 NMAC - N, 8-15-2005; A/E, 9-21-2010]
A. A person will be found guilty of a
petty misdemeanor for violation of Section 1-4-49 NMSA 1978 only if the
violation was intentional.
B. A person will be subject to civil
penalties for violation of Section 1-4-49 NMSA 1978 only if the
violation was intentional or if the person has engaged in a pattern or practice
of violating Section 1-4-49 NMSA 1978.
[1.10.25.11 NMAC - N/E, 9-21-2010]
HISTORY OF 1.10.25 NMAC:
[RESERVED]