A. For purposes of cancellation of registration, the death of a voter shall be ascertained by obituary notices or probate records or by comparison of registration records with monthly certified lists of deceased residents filed with the secretary of state.
B. The state registrar of vital statistics shall file monthly with the secretary of state certified lists of deceased residents over the age of eighteen years, sorted by county, regardless of the place of death.
C. The monthly certified list of deceased residents shall show the:
(1) name;
(2) age;
(3) sex;
(4) marital status;
(5) birth place;
(6) birth date;
(7) social security number, if any;
(8) address; and
(9) place and date of death of the deceased resident.
D. The secretary of state shall, upon receipt of the monthly certified list of deceased residents, forward each county's list to the county clerk.
E. The county clerk shall, upon receipt of the monthly certified list of deceased residents, cancel any deceased resident's certificate of registration.
F. Upon receipt of a notarized document from the president or governor of an Indian nation, tribe or pueblo or from a tribal enrollment clerk indicating that a tribal member is deceased, the county clerk shall cancel the certification of registration of that deceased tribal member.
History: 1953 Comp., § 3-4-23, enacted by Laws 1969, ch. 240, § 81; 1975, ch. 255, § 45; 1993, ch. 314, § 21; 1993, ch. 316, § 21; 2001, ch. 72, § 1; 2009, ch. 39, § 1.
The 2009 amendment, effective June 19, 2009, added Subsection F.
The 2001 amendment, effective June 15, 2001, in Subsection A, substituted "monthly certified lists" for "periodic certified lists", substituted "secretary of state" for "county clerk"; in Subsection B, inserted "monthly" following "shall file", substituted "secretary of state" for "county clerk of the proper county for use by the board of registration periodic", inserted "sorted by county"; substituted "monthly" for "periodic" in Subsection C; and added Subsections D and E.
The 1993 amendment, deleted "affidavits of" preceding the first occurrence of "registration" in Subsection A. Laws 1993, ch. 314, § 21 enacted identical amendments to this section. The section was set out as amended by Laws 1993, ch. 316, § 21. See 12-1-8 NMSA 1978.
Structure New Mexico Statutes
Article 4 - Registration of Electors
Section 1-4-1 - Registration required.
Section 1-4-2 - Registration of qualified residents; right to vote in primary.
Section 1-4-3 - Registration declared permanent.
Section 1-4-4 - Fees and charges prohibited.
Section 1-4-5 - Method of registration; unlawful use of information; penalty.
Section 1-4-5.1 - Method of registration; form.
Section 1-4-5.2 - Agency registration; form.
Section 1-4-5.3 - Registration; lack of physical address.
Section 1-4-5.4 - Registration; form.
Section 1-4-5.5 - Requests for voter data, mailing labels or special voter lists.
Section 1-4-5.6 - Unlawful use of voter data, mailing labels or special voter lists; penalties.
Section 1-4-5.7 - Registration at voting location prior to voting.
Section 1-4-7 - Registration by temporary absentees.
Section 1-4-9 - Duties of county clerk; registration of language minorities.
Section 1-4-11 - Duties of county clerk; upon receipt of certificates.
Section 1-4-12 - Duties of county clerk; filing of certificates.
Section 1-4-13 - Change of name; correcting error.
Section 1-4-15 - Registration; change of party affiliation.
Section 1-4-16 - Registration; when party affiliation shall not be made.
Section 1-4-17 - Registration; change of residence within same county.
Section 1-4-18 - Change of registered residence to another county.
Section 1-4-18.1 - Online voter registration.
Section 1-4-19 - Registration; transfer upon creation or change of precincts; notice to voters.
Section 1-4-21 - Refusal of registration; appeal.
Section 1-4-22 - Cancellation of registration; petition to district court.
Section 1-4-24 - Cancellation of registration; county clerk; grounds.
Section 1-4-25 - Cancellation of registration; determination of death.
Section 1-4-28 - Cancellation of registration; change of residence; notice.
Section 1-4-30 - Cancellation of registration; voter's request.
Section 1-4-32 - Cancellation of registration; duties of county clerk; retention of records.
Section 1-4-34 - Board of registration; board of county commissioners; appointment.
Section 1-4-35 - Board of registration; secretary.
Section 1-4-36 - Board of registration; compensation.
Section 1-4-37 - Board of registration; term; qualification.
Section 1-4-38 - Board of registration; meetings.
Section 1-4-39 to 1-4-45 - Repealed.
Section 1-4-46 - Clerical assistance for county clerk.
Section 1-4-47 - Driver's license voter registration.
Section 1-4-48 - Agency registration.
Section 1-4-50 - Prohibition on release of registration information.