2023 New Mexico Statutes › Chapter 1 - Elections › Article 4 - Registration of Electors › Section 1-4-1.1 - Authorization to verify voter registration information; investigation and reconciliation.

A. The secretary of state may:
(1) provide to the chief election officer of another state or a consortium of chief election officers of other states information that is requested, including social security numbers, dates of birth, driver's licenses and identification card numbers and other information that the secretary of state deems necessary for the chief election officer of that state or for the consortium to maintain a voter registration list, if the secretary of state is satisfied that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list; and
(2) request from the chief election officer of another state or a consortium of chief election officers of other states information that the secretary of state deems necessary to maintain the statewide voter registration list.
B. The secretary of state may enter into a written agreement with an agency or political subdivision of this state or with a department of the federal government pursuant to which the state agency, political subdivision or federal department shall provide to the secretary of state information that is in the possession of the state agency, political subdivision or federal department and that the secretary of state deems necessary to maintain the statewide voter registration list.
C. The secretary of state shall enter into a written agreement with the secretary of taxation and revenue to match information in the database of the voter registration electronic management system with information in the database of the motor vehicle division of the taxation and revenue department to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration. Upon the execution of the written agreement, the secretary of taxation and revenue shall enter into an agreement with the federal commissioner of social security pursuant to 52 U.S.C. Section 21083, for the purpose of verifying applicable information.
D. The secretary of state shall provide to the appropriate county clerk in this state and to no other person necessary information or documentation received by the secretary of state from or through an agency or political subdivision of this state, a federal department, the chief election officer of another state or a consortium of chief election officers of other states that calls into question the information provided on a certificate of registration; that raises questions regarding the status of a person registered to vote in this state; or that suggests that a voter may have voted in two states during the same election. The county clerk shall not disclose information received from the secretary of state pursuant to this subsection except as necessary to complete an investigation pursuant to this section. The county clerk shall investigate or reconcile the information received from the secretary of state.
E. The secretary of state shall develop a general program that is uniform and nondiscriminatory for county clerks to investigate and reconcile the information received from the secretary of state and to identify voters who may be eligible for cancellation from the statewide voter registration list. The general program shall describe the best practices and requirements for investigating and reconciling information that is derived from comparisons of different databases, including safeguards to ensure that eligible voters are not removed in error from the official list of voters, and provide a procedure to cancel certificates of registration for voters:
(1) confirmed to have voted in another state requiring residence in that state if previous to the out-of-state vote, the voter was registered to vote in this state; or
(2) confirmed to be on the social security master death index file.
History:
Laws 2015, ch. 145, § 19; 2019, ch. 212, § 45; 2023, ch. 39, § 17.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, required the secretary of state to develop a program for county clerks to identify voters who may be eligible for cancellation from the statewide voter registration list and to remove individuals confirmed to have voted in another state or confirmed to be deceased; in Subsection C, after "social security pursuant to", deleted "42 U.S.C. Section 15483"; in Subsection D, after "The county clerk shall", deleted "only" and added "not", and after "pursuant to this subsection", added "except as necessary"; and in Subsection E, after "The secretary of state shall develop", deleted "and maintain a manual for county clerks that describes" and added "a general program that is uniform and nondiscriminatory for county clerks to investigate and reconcile the information received from the secretary of state and to identify voters who may be eligible for cancellation from the statewide voter registration list. The general program shall describe the", after "best practices", deleted "in" and added "and requirements for", after "official list of voters", added "and provide a procedure to cancel certificates of registration for voters:", and added Paragraphs E(1) and E(2).
The 2019 amendment,
effective April 3, 2019, made it discretionary for the secretary of state to enter into a written agreement with the secretary of taxation and revenue to match information in each agency's database; and in Subsection C, after "secretary of state", deleted "may" and added "shall".