New Mexico Register / Volume XXXIV, Issue 12 / June 27, 2023
NOTICE
OF PROPOSED RULEMAKING
The Office of the New
Mexico Secretary of State (“Office”) hereby gives notice that the Office will
conduct a public hearing on the described rules below.
The purpose of these
hearings is to obtain public input on the amendment of an existing rule,
Referendum Petition Procedures, 1.10.24 NMAC.
A public hearing will be
held on August 4, 2023, from 9:00 am to 1:00 pm, at the State Land Office, 310
Old Santa Fe Trail, Santa Fe NM 87504. Attendees cannot park in the State Land
Office parking lot, but must park at the PERA lot, one block east of the State
Land Office. The public hearing allows members of the public an opportunity to
submit data, testimony, and arguments in person on the proposed rule changes
detailed below. All comments will be
recorded by a court reporter and/or audio recording.
Authority: Section
1-2-1 NMSA 1978
1.10.24 NMAC Referendum
Petition Procedures
Purpose: In
2004, 1.10.24 NMAC was adopted to establish administrative procedures for the
review of signatures for referendum petitions. During its regular session in
2005, the state legislature passed Senate Bill 678 which amended Section 1-5-3
NMSA 1978 of the Voter Records System Act to require that the secretary of
state maintain “the official state voter file based on county registers and
shall provide access to the file to the county clerk.” The same provisions of
Section 1-5-3 NMSA 1978 remain today, and the secretary of state continues to
maintain a statewide voter database in which the county clerks process voter
registrations for New Mexico’s counties. Amendments to the existing rule align
with these existing statutes in that they require the secretary of state to
provide the certified list required by Subsection C of Section 1-17-5 NMSA
1978. Further amendments address a technical issue with qualified electors, who
are not registered voters, signing petitions.
Summary of Full Text: The
rule’s objective and sections are amended throughout to clarify that its
contents pertain to both petitions submitted prior to circulation as well as
completed referendum petitions. Amendments are made to require the
secretary of state to provide certified voter lists to designated agents and to
require a qualified elector to identify themselves as such when signing a
petition. The definition of qualified elector is updated to align with existing
state statute. Further amendments outline the process for requesting certified
lists of voters from the secretary of state. A new section is added to outline
the review process of draft petition submissions.
Details for Obtaining a
Copy of Rule and Submitting Oral or Written Comments: Copies
of the proposed rules are available on the Office’s website at www.sos.nm.gov
or can be obtained from the Bureau of Elections by calling (505) 827-3600 or
emailing lindsey.bachman@sos.nm.gov. The proposed rule is also available on the
New Mexico Sunshine Portal. Interested individuals may provide comments at the
public hearing. Before the public hearing, written comments may be sent to
Lindsey Bachman, Director of Legislative and Executive Affairs, via email at
lindsey.bachman@sos.nm.gov, fax 505-827-8403, or by regular mail at Attn:
Lindsey Bachman – proposed rule, The Office of the New Mexico Secretary of
State, 325 Don Gaspar, Suite 300, Santa Fe, NM 87501. The deadline to receive
written comment is July 27, 2023. All
written public comments will be posted on the website throughout the written
comment period at: www.sos.nm.gov.
Any person with a
disability who needs a reader, amplifier, qualified sign language interpreter,
or auxiliary aid or service to attend or participate in the hearing should
contact (505) 827-3600 or email lindsey.bachman@sos.nm.gov (5) business days prior to the
hearing.