Summary:

 Senate Bill 218 (SB 218):  The act proposes comprehensive reforms designed to enhance the transparency, security, and efficiency of the election process in New Mexico. These changes reflect a proactive approach to addressing contemporary challenges in election administration, such as cybersecurity threats and the need for consistent training and standards across all counties. The detailed procedures for managing provisional ballots and recount conditions further proposes to ensure that elections are fair and that all votes are accurately counted. 

Legislation Overview:

 Senate Bill 218 (SB 218):  This comprehensive legislative act addresses a broad scope of aspects related to election administration in New Mexico, aiming to enhance both the efficiency and security of the election process. Here's a breakdown of the key provisions and changes proposed:
Key Provisions
a)	Home Address Confidentiality: Rules are to be established for elected or appointed officials to designate their home addresses as confidential in election and financial disclosures. This aims to protect the privacy of election administrative staff and public officials.
b)	Certification Program for County Clerks: A mandatory certification program for county clerks will be implemented to standardize election administration procedures across all counties, ensuring that each clerk is trained and certified in the latest election laws and practices.
c)	Election Day Procedures for Board Members: New provisions are set for the immediate training and swearing-in of newly appointed election board members directly at polling locations, ensuring they are prepared to manage their duties effectively on election day.
d)	Elections Security Program: The responsibility for the elections security program will be explicitly detailed, including tasks like advising on voting system requirements, cybersecurity, and liaising with federal oversight bodies.
e)	Provisional Ballot Requirements: Specific conditions under which voters must use provisional ballots are defined, such as discrepancies in the voter registration list.
f)	Internet Application for Political Party Qualification: The Secretary of State must implement a secure online platform for collecting electronic signatures required for the qualification of political parties.
g)	Voter Notifications: Procedures for notifying voters about election details, including special election procedures, are clarified and expanded.
h)	Automatic Recounts: The thresholds for automatic recounts are defined more precisely, potentially leading to more frequent recounts in closely contested races.
i)	Presidential Primary and General Election Procedures: New sections detail how political parties can place presidential and vice-presidential candidates on ballots and handle vacancies.

Implications
•	Increased Privacy and Security: The confidentiality of home addresses for election staff and officials enhances personal security and privacy, potentially reducing the risk of harassment or threats.
•	Standardization of Election Practices: The certification program for county clerks aims to elevate the professionalism and consistency of election administration across New Mexico, leading to fewer administrative errors and increased public trust in electoral processes.
•	Improved Election Security: By enhancing the role and clarity of the election’s security program, the act supports better protection against potential cybersecurity threats and ensures compliance with federal security standards.
•	Enhanced Voter Information: By mandating detailed voter notifications, the act seeks to improve voter turnout and informed participation in elections, especially in non-traditional or special election scenarios.

 

Amendments:

 Amended February 12, 2025 in SRC

SRCa/SB 218 –  This legislation makes numerous changes to New Mexico’s Election Code, affecting everything from home address confidentiality for election staff to local elections and presidential primaries. The following is a summary of its most significant provisions.


Section 1 - Home Address Confidentiality 
a.	Election Administrative Staff: Allows nonelected and appointed employees of county clerks or the Secretary of State to keep their home addresses confidential in voter lists and file maintenance lists.
b.	Elected/Appointed Officials: Maintains the existing option for public officials to keep their home addresses confidential under certain circumstances.
Section 2 - County Clerk Certification 
a.	Mandatory Training: Requires the Secretary of State to conduct a certification program for county clerks.
b.	Completion Timeline: All county clerks must complete certification by July 2026.
Section 3 - Election Boards & New Member Procedures 
a.	Standard Board Composition: Continues the requirement for one presiding judge, two election judges, and necessary clerks.
b.	Newly Appointed Members: If a county clerk appoints a new member on Election Day, that individual may report directly to the polling location and be sworn in by the presiding judge on-site.
Section 4 - Elections Security Program 
a.	Program Retained, But Moved: Removes the statutory requirement that the Elections Security Program be housed specifically in the Bureau of Elections; however, the Secretary of State still must maintain the program.
b.	Duties: Continues responsibilities for overseeing cybersecurity and voting system security in coordination with federal agencies.
Sections 5, 23–25 Qualifying a Political Party & Online Petitions 
a.	Party Qualification: Maintains the requirement that a party gather signatures (one-half of one percent of votes cast for governor in the last election).
b.	Online Petition Gathering: By July 1, 2026, the Secretary of State must implement a secure internet system to gather and verify electronic signatures for forming or requalifying a party.
c.	Presidential Nominees:
A qualified party places its presidential and vice-presidential candidates on the general election ballot by certifying them to the Secretary of State 70 days before the general election.
If a presidential primary candidate vacancy occurs after filing, it cannot be filled for the primary (Sections 23–25).
Multiple Sections - Elimination of Pre-Primary Conventions 
a.	No More Pre-Primary Convention Designations: Removes references to pre-primary conventions and “convention-designated” candidates in law.
b.	Primary Ballot Access: Candidates for state or federal offices gain ballot access by filing a declaration of candidacy and required nominating petitions—no party convention process is needed to appear on the primary ballot.
Section 20 – 21 - Provisional Ballots & Voter Identification 
a.	Provisional Ballot Process:
b.	Maintains the existing rules allowing someone to vote provisionally if their registration cannot be found.
c.	Clarifies that a provisional ballot will not count if the voter fails to sign both the roster and the ballot envelope.
d.	Partially Counted Races: If a voter casts a provisional ballot in an incorrect precinct, only the votes for offices/measures the voter was eligible for will be counted.
Section 22 - Automatic Recount Thresholds - Revises Trigger Margins:
a.	One-Fourth of One Percent: Applies to federal or statewide offices, statewide ballot questions, and certain judicial retention races.
b.	One-Half of One Percent: Applies to all other offices, local ballot questions, and district-level judicial retention.
(Previously, some offices triggered a recount at one percent or with five or fewer vote margins. Those provisions are removed.)
Sections 19, 32 - Voter Notifications 
a.	Statewide Election Notices: The Secretary of State must send (on behalf of county clerks) a mailed notice to eligible voters at least 42 days before a statewide election.
b.	Special Elections: If called by counties or local public bodies, the county clerk must mail notices and ballots to eligible voters, with no in-person polling places unless required by certain special circumstances.
Sections 31-32-34 -  Local & Special Election Changes 
a.	Regular Local Elections: Continues the “nonpartisan” requirement.
b.	Special Local Elections: Conducted primarily by mailed ballot.
c.	Emergency Election Procedures (New Section):
If a state of emergency is declared, county clerks and the Secretary of State can coordinate alternate polling places or mobile voting units to ensure safe and accessible voting.
Emergency changes within tribal boundaries require compliance with Section 1-21A-9 NMSA 1978 (consultation with tribal governments).
Sections 27 – 30 - Voter Action Act & Public Financing 
a.	Expanded “Qualifying Period”: Allows newly appointed candidates (who fill a general election vacancy) a 60-day period to gather the required small-dollar qualifying contributions for public financing.
b.	Contribution Limits: Clarifies that, once a candidate files to participate in public financing, they cannot accept private contributions except as allowed under the Voter Action Act.
c.	Unused Funds: Any unspent funds must be returned to the public election fund after the candidate is no longer in the race or once the election is over.
Temporary Provisions - Municipal Election Officer Terms 
a.	Transition of Municipal Officer Terms: Gradually aligns existing municipal officer terms expiring in even-numbered years (e.g., 2026, 2028) to odd-numbered years (2027, 2029) so successors will be elected in regular local elections.
Repealed Sections - 
a.	Pre-Primary Convention Laws: Sections relating to pre-primary conventions and references to them are repealed.
b.	Municipal Election Procedures: Certain older municipal election statutes are repealed, replaced by newer local election codes or delayed-repeal provisions.
Effect of the Bill
1.	Greater Transparency & Security:
Protects home addresses of nonelected staff from broad public disclosure.
2.	Maintains a statewide Elections Security Program, clarifying roles and removing it as a separate Bureau of Elections function.
3.	Streamlined Candidate Filing:  Eliminates the pre-primary convention system, ensuring all candidates secure ballot access by gathering signatures and filing declarations directly.
4.	Modernized Party Qualification:  Introduces the requirement for a secure online signature application by July 1, 2026, making it easier for new or requalifying parties to gather valid signatures.
5.	Election Efficiency & Emergency Preparedness:  Formalizes procedures for emergency election changes, ensuring continuity of voting access if polling places are damaged or inaccessible.
6.	Standardizes local and special election procedures.
7.	Expanded Voter Notifications:  Requires mailing informational notices to eligible voters in statewide and special elections, clarifying options for mail-in or in-person voting.
8.	Refined Public Financing:  Establishes additional rules for “covered offices” under public financing and clarifies the responsibilities of candidates to return unused public funds.