Proposed constitutional amendment · Draft
Election Integrity and Voter Confidence
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE VII OF THE CONSTITUTION OF NEW MEXICO TO ESTABLISH REQUIREMENTS FOR PAPER BALLOTS, TABULATION, HAND COUNTS, AUDITS, CHAIN OF CUSTODY, VOTER VERIFICATION AND ELECTION TRANSPARENCY.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
It is proposed to amend Article VII of the Constitution of New Mexico by adding a new section to read:
“Section [New]. Election Integrity and Voter Confidence.
To secure the fundamental right of free and open elections under this Constitution, maximize election integrity, eliminate opportunities for voter fraud, and provide New Mexicans with the highest possible confidence in electoral outcomes, the following requirements shall govern all elections in the state:
A. Paper Ballots as the Sole Voting Method.
All ballots cast in any election—federal, state, county, municipal, school, or special—shall be hand-marked paper ballots completed by the voter using a pen or pencil. Voters shall personally mark their choices on ballots printed on durable, auditable paper. Ballot-marking devices or other electronic interfaces may be used solely for accessibility purposes for voters with disabilities, but such ballots must produce a voter-verifiable paper record that the voter can inspect and confirm before submission. No direct-recording electronic (DRE) voting machines without a verifiable paper trail shall be used.
B. Precinct-Level Tabulation with Verification.
Ballots shall be tabulated primarily at the precinct level using optical scan tabulators that are air-gapped (never connected to the internet or any external network), certified, and subjected to pre-election logic and accuracy testing in public view. Tabulation results from each precinct shall be publicly posted at the polling place immediately upon completion and transmitted securely to county canvassing authorities. Central tabulation systems shall serve only as a secondary aggregation tool and shall not override precinct-level results without documented reconciliation.
C. Mandatory Hand Counts and Audits for Verification.
To serve as a double-check against machine tabulation:
- A statistically significant sample of ballots from each precinct (or full hand count in small precincts) shall be hand-counted publicly by bipartisan teams of trained election workers and observers immediately following tabulation.
- Risk-limiting audits (RLAs) shall be conducted after every election, expanding to a full hand recount of any contest if discrepancies exceed defined thresholds.
- Full hand recounts shall be available upon petition by a candidate or voter with reasonable cause. Hand counts shall follow documented best practices for chain-of-custody, rotation of counters, and reconciliation to ensure accuracy.
D. Strict Chain of Custody and Transparency.
All ballots, tabulators, and election materials shall be secured with tamper-evident seals, tracked via serialized logs, and monitored by bipartisan observers and representatives from political parties at every stage—from printing and distribution to counting, storage, and post-election archiving. All counting, auditing, and canvassing processes shall be open to public observation. No private funding or equipment from non-governmental sources shall be used for core election administration functions.
E. Voter Eligibility and Identification.
Only United States citizens who are qualified electors under this Constitution may register and vote. Strict proof of citizenship and identity (such as a photo ID, birth certificate, or other reliable documentary proof) shall be required for registration and at the polls or for absentee/mail ballots. Voter rolls shall be regularly maintained and audited for accuracy, with removal of ineligible voters following due process. Same-day registration shall require the same strict verification.
F. Additional Safeguards.
- Absentee and mail ballots shall be limited to verified requests with signature verification, witness requirements, and tracking.
- No ballots shall use barcodes or QR codes as the primary method for determining voter intent in tabulation.
- Election officials shall undergo training and background checks.
- Severe penalties shall apply for fraud, tampering, or interference.
- The Secretary of State and county clerks shall publish detailed election security manuals and post-election reports accessible to the public.
G. Implementation and Supremacy.
The Legislature shall enact laws to implement this section within one year of ratification, consistent with these mandates. This section shall take precedence over any conflicting statutes, and funding shall be provided as necessary to ensure compliance without impairing access for eligible voters. Nothing in this section shall abridge the right to vote of qualified electors.
”
SECTION 2.
The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose, in accordance with Article XIX of the Constitution of New Mexico.
Reference Material
Drafting notes
The proposed provisions retain the supplied paper-ballot, accessibility, tabulation, verification, audit, transparency, identification and implementation requirements. The source suggested Article VII, Section 6. This draft uses Section [New] to allow coordination with the other proposed additions to Article VII.
The verification and identification provisions require review alongside Article VII’s elective-franchise protections and applicable federal law. Article XIX prescribes special voting thresholds for amendments restricting certain protected rights; no assumption of a simple-majority-only adoption process is made here. Official New Mexico Constitution.
Supplied explanation and practical considerations
This amendment draws from proven elements in high-integrity systems (e.g., strong paper-based processes with public verification in countries like those in Northern Europe, Germany, and Canada, combined with U.S. best practices for audits and transparency). New Mexico already uses 100% paper ballots with optical scans and audits, so this builds on that foundation while addressing concerns about machines by prioritizing verifiable hand-marked paper, precinct-level processes, and robust double-checks.
Note on Practicality: Full precinct hand-counting as the sole official method is rare outside very small jurisdictions worldwide due to scale, time, error risks in large elections, and costs. The above balances security with feasibility via mandatory verification audits (a globally recommended approach). Consult legal experts and election officials for exact drafting and fiscal impact before advancing. This is a template to spark discussion.