A. A qualified elector may apply to a registration officer or agent for registration.

B. The registration officer or agent or qualified elector shall fill out each of the blanks on the certificate of registration by typing or printing in ink. The qualified elector shall be given a receipt that shall contain:

(1) a number traceable to the registration agent or officer;

(2) a statement informing the qualified elector that if the qualified elector does not receive confirmation of the qualified elector's registration within fifteen days of the receipt date, the qualified elector should contact the office of the county clerk in the county where the qualified elector resides; and

(3) a toll-free number for the office of the county clerk and an address for the web site of the secretary of state.

C. The qualified elector shall subscribe a certificate of registration as follows:

(1) by signing the certificate of registration using the qualified elector's given name, middle name or initial and last name; or

(2) if any qualified elector seeking to register is unable to read and write either the English or Spanish language or is unable to read or write because of some physical disability, the certificate of such person shall be filled out by a registration officer or agent and the name of the qualified elector so registering shall be subscribed by the making of the qualified elector's mark.

D. When properly executed by the registration agent or officer or qualified elector, the original of the certificate of registration shall be presented, either in person or by mail by the qualified elector or by the registration agent or officer, to the county clerk of the county in which the qualified elector resides. It is unlawful for the qualified elector's month and day of birth or any portion of the qualified elector's social security number required on the certificate of registration to be copied, conveyed or used by anyone other than the person registering to vote, either before or after it is filed with the county clerk, and by elections administrators in their official capacity.

E. A person who unlawfully copies, conveys or uses information from a certificate of registration is guilty of a fourth degree felony.

History: 1953 Comp., § 3-4-5, enacted by Laws 1969, ch. 240, § 63; 1973, ch. 41, § 1; 1975, ch. 255, § 35; 1987, ch. 249, § 7; 1993, ch. 314, § 6; 1993, ch. 316, § 6; 2003, ch. 356, § 10; 2005, ch. 270, § 19; 2007, ch. 336, § 3; 2008, ch. 59, § 2; 2011, ch. 137, § 31; 2015, ch. 145, § 13.

Cross references. — For definition of registration officer, see 1-1-16 NMSA 1978.

For "swear" including "affirm", see 1-1-18 NMSA 1978.

For the secretary of state furnishing forms, see 1-2-3 NMSA 1978.

The 2015 amendment, effective July 1, 2015, removed certain requirements for registration by a qualified elector; deleted the subsection designation of Subsection E; deleted the first sentence of former Subsection E and added the remaining language of former Subsection E to Subsection D; and redesignated the succeeding subsection accordingly.

The 2011 amendment, effective July 1, 2011, in Subsection E, prohibited the copying of an elector's month and day of birth.

The 2008 amendment, effective May 14, 2008, in Subsection E, prohibited the copying, conveyance or use by elections administrators in their official capacity of an elector's date of birth or any portion of the elector's social security number.

The 2007 amendment, effective April 2, 2007, added Paragraphs (2) and (3) of Subsection B, providing for confirmation of the registration.

The 2005 amendment, effective July 1, 2005, in Subsection A, provided that an elector may apply to a registration agent for registration; in Subsection B, provided that a registration agent or qualified elector shall fill out the certificate of registration and that the voter shall be given a receipt for the original certificate and the registration agent shall receive a copy that omits the voter's social security number and date of birth and which contains a number traceable to the registration agent or officer; and in Subsection E, provided that is it unlawful to copy, convey or use the voter's date of birth or any part of the voter's social security number, except for voting purposes.

The 2003 amendment, effective July 1, 2003, inserted "unlawful use of information; penalty" in the section heading; added "or" at the end of Paragraph C(1); inserted the second sentence in Subsection E; and added Subsection F.

The 1993 amendment, effective June 18, 1993, substituted "certificate" for "affidavit" in Subsection B; in Subsection C, substituted "a certificate" for "to the affidavit" and deleted "and swear to the truth of the information contained therein before the registration officer" at the end of the introductory paragraph, in Paragraph (1), substituted "certificate" for "affidavit", and, in Paragraph (2), substituted "certificate" for "affidavit" and deleted "and shall be sworn to by him before the registration officer" at the end of the paragraph; substituted "certificate" for "affidavit" in Subsection D; and, in Subsection E, substituted "certificate" for "affidavit" and deleted "attested by the registration officer" following the first occurrence of "elector".

Affidavits of registration may be filled out before any person authorized to administer oaths. 1959 Op. Att'y Gen. No. 59-169.

Incomplete affidavit form fatal. — The completed affidavit must contain each of the essential elements contained in that form and any omission of any of the essential elements would be fatal to the person's registration. The entire form must be completed before an effective registration is accomplished. 1955 Op. Att'y Gen. No. 55-6342.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 185, 186, 187.

Validity of statute requiring information as to age, sex, residence, etc., as condition of right to vote, 14 A.L.R. 260.

Propriety of test or question asked applicant for registration as voter other than formal questions relating to specific conditions of his right to registration, 76 A.L.R. 1238.

29 C.J.S. Elections § 46.