A. Upon a determination by the secretary of state that a state agency, including an agency that participates in the state-agency-based voter registration program pursuant to Section 1-4- 48 NMSA 1978, collects sufficient information consistent with Section 1-4-47 N.M. Stat. Ann. to transmit electronic records for automatic voter registration in accordance with the provisions of that section, including verification of United States citizenship by document or database verification for any agency clients not already registered to vote, the secretary of state shall enter into a memorandum of understanding with the agency requiring the agency to comply with the provisions of Section 1-4-47 N.M. Stat. Ann.. The secretary of state and county clerks shall process the electronic records according to the provisions of Section 1-4-47 N.M. Stat. Ann., subject to any modifications necessary to comply with federal law.

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B. An Indian nation, tribe or pueblo that collects sufficient information consistent with Section 1-4-47 N.M. Stat. Ann. to transmit electronic records for automatic voter registration in accordance with the provisions of that section, including verification of United States citizenship by document or database verification for any persons not already registered to vote, may in its discretion transmit the records to the secretary of state. The secretary of state shall enter into a memorandum of understanding with the Indian nation, tribe or pueblo detailing compliance with the provisions of Section 1-4-47 N.M. Stat. Ann.. The secretary of state and county clerks shall process the electronic records according to the provisions of Section 1-4-47 N.M. Stat. Ann., subject to any modifications necessary to comply with federal law.

C. If a state agency or an Indian nation, tribe or pueblo is able to transmit electronic records that are complete for automatic voter registration except for an electronic signature image, the records shall be processed as complete records for automatic voter registration. The secretary of state shall adopt rules to obtain a signature from the qualified elector or qualified resident, including through a mailing requesting a signature, uploading a signature through an electronic system, providing a signature on a mailed ballot envelope or providing a signature at an early voting location or polling place.