SENATE BILL 41
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Joseph J. Carraro
AN ACT
RELATING TO ELECTIONS; ENLARGING THE TIME FRAME FOR FILING AS A CANDIDATE IN PRIMARY AND GENERAL ELECTIONS, MUNICIPAL ELECTIONS, SCHOOL DISTRICT ELECTIONS AND COMMUNITY COLLEGE BOARD ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 1-8-13 NMSA 1978 (being Laws 1969, Chapter 240, Section 162, as amended) is amended to read:
"1-8-13. PRIMARY ELECTION LAW--CONTENTS OF
PROCLAMATION.--The proclamation calling a primary election shall contain:
A. the names of the major political parties participating in the primary election;
B. the offices for which each political party shall nominate candidates; provided that if any law is enacted by the legislature in the year in which the primary election is held and the law does not take effect until after the date of the proclamation but prior to the date of the primary election, the proclamation shall conform to the intent of the law with respect to the offices for which each political party shall nominate candidates;
C. the [date] dates on which declarations of candidacy and nominating petitions for United States representative, any office voted upon by all the voters of the state, a legislative office, the office of district judge, district attorney, state board of education, public regulation commission or magistrate shall be filed and the places where they shall be filed in order to have the candidates' names printed on the official ballot of their party at the primary election;
D. the [date] dates on and place at which declarations of candidacy shall be filed for any other office and filing fees paid or, in lieu thereof, a pauper's statement of inability to pay;
E. the final date on and place at which candidates for the office of United States representative and for any statewide office seeking preprimary convention designation by the major parties shall file petitions and declarations of candidacy;
F. the final date on which the major political parties shall hold state preprimary conventions for the designation of candidates; and
G. the final date on and place at which certificates of designation of primary election candidates shall be filed by political parties with the secretary of state.
As used in the Primary Election Law, "statewide office" means [any] an office voted on by all the voters of the state."
Section 2. Section 1-8-26 NMSA 1978 (being Laws 1975, Chapter 295, Section 12, as amended) is amended to read:
"1-8-26. PRIMARY ELECTION LAW--TIME OF FILING--DOCUMENTS NECESSARY TO QUALIFY FOR BALLOT--CHALLENGE.--
A. Declarations of candidacy by preprimary convention designation for any statewide office or for the office of United States representative and declarations of candidacy for retention of a justice of the supreme court or judge of the court of appeals shall be filed with the proper filing officer on the second [Tuesday] Monday in February of each even-numbered year or on the following day between the hours of 9:00 a.m. and 5:00 p.m.
B. Declarations of candidacy for any other office and declarations of candidacy for retention for all affected district judicial offices shall be filed with the proper filing officer on the third [Tuesday] Monday of March of each even-numbered year or on the following day between the hours of 9:00 a.m. and 5:00 p.m.
C. Certificates of designation shall be submitted to the secretary of state on the first Tuesday following the preprimary convention at which the candidate's designation took place between the hours of 9:00 a.m. and 5:00 p.m.
D. No candidate's name shall be placed on the ballot until the candidate has been notified in writing by the proper filing officer that the declaration of candidacy, the petition and the certificate of registration of the candidate on file are in proper order and that the candidate, based on those documents, is qualified to have his name placed on the ballot. The proper filing officer shall mail the notice no later than 5:00 p.m. on the Tuesday following the final filing date.
E. If a candidate is notified by the proper filing officer that he is not qualified to have his name appear on the ballot, the candidate may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed."
Section 3. Section 1-8-33 NMSA 1978 (being Laws 1973, Chapter 228, Section 7, as amended) is amended to read:
"1-8-33. PRIMARY ELECTION LAW--NOMINATING PETITION-- NUMBER OF SIGNATURES REQUIRED.--
A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated.
B. Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy. Nominating petitions for those candidates shall be signed by a number of voters equal to at least two percent of the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater: for statewide offices, two hundred thirty voters; and for congressional candidates, seventy-seven voters.
C. Nominating petitions for candidates for any other office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least three percent of the total vote of the candidate's party in the district or division, or the following number of voters, whichever is greater: for metropolitan court and magistrate courts, ten voters; for the public regulation commission, fifty voters; for the state board of education, twenty-five voters; for state representative, ten voters; for state senator, seventeen voters; and for district attorney and district judge, fifteen voters.
D. A candidate who fails to receive the preprimary convention designation that [he] the candidate sought may collect additional signatures to total at least four percent of the total vote of the candidate's party in the state or congressional district, whichever applies to the office [he] the candidate seeks, and file a new declaration of candidacy and nominating petitions for the office for which [he] the candidate failed to receive a preprimary designation. The declaration of candidacy and nominating petitions shall be filed with the secretary of state either ten days following the date of the preprimary convention at which [he] the candidate failed to receive the designation or on the [date] dates all declarations of candidacy and nominating petitions are due pursuant to the provisions of the Primary Election Law, whichever is later."
Section 4. Section 1-8-39.1 NMSA 1978 (being Laws 1993, Chapter 55, Section 10) is amended to read:
"1-8-39.1. DECLARATION OF PREPRIMARY DESIGNATION--CERTIFICATION BY SECRETARY OF STATE.--
A. Not later than six days after the [dates] last date for filing declarations of candidacy by preprimary convention designation, the secretary of state shall certify to the [chairman] chair of each state political party the names of that party's candidates for office of United States representative or for other statewide office who have filed their declarations of candidacy by convention designation and have otherwise complied with the requirements of the Primary Election Law.
B. No person shall be placed in nomination at the convention unless [he] that person has been certified by the secretary of state."
Section 5. Section 1-8-43 NMSA 1978 (being Laws 1969, Chapter 240, Section 180, as amended) is amended to read:
"1-8-43. PRIMARY ELECTION LAW--ORDER OF CANDIDATES ON BALLOT.--
A. Candidates designated and certified by state convention for a statewide office or the office of United States representative shall be placed on the primary election ballot in the order of the vote received at the state convention. The candidate receiving the highest vote shall be placed first in order on the ballot, followed by the candidate receiving the next highest vote, and so on until all the candidates designated for that office have been placed on the ballot, provided that the names of two or more candidates receiving an equal number of votes for designation by convention for the same office shall be placed on the primary ballot in the order determined by lot. Names of candidates for statewide office or the office of United States representative who do not receive preprimary convention designation but who are qualified candidates by declaration of candidacy shall be placed on the ballot as determined by lot following convention designated candidates.
B. The names of candidates for any other office in the primary election who are candidates by declaration of candidacy shall be arranged on the ballot as determined by lot.
C. The determination by lot shall be made immediately following the closing time on the last date for filing declarations of candidacy and all candidates or their agents shall be entitled to be present at such time.
D. The order of preference for position on the ballot shall be first, the top name position on the left-hand column for each office, and thereafter, consecutively down each name position in that column to the last name position. If the number of candidates filing for the office so requires, the order of preference shall continue consecutively from the top name position on the left-hand column to the top name position on the right-hand column, thence to the second name position on the left-hand column, then to the second name position on the right-hand column and thereafter continuing in the same manner until all the candidates are positioned on the ballot."
Section 6. Section 1-8-52 NMSA 1978 (being Laws 1977, Chapter 322, Section 8, as amended) is amended to read:
"1-8-52. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITIONS--CIRCULATION--DATE OF FILING.--
A. Declarations of independent candidacy and nominating petitions shall be filed with the proper filing officer [during the period commencing at 9:00 a.m.] on the second [Tuesday] Monday of July of each even-numbered year [and ending at] or on the following day between the hours of 9:00 a.m. and 5:00 p.m. [on that same day] and not later than 5:00 p.m. on the fifty-sixth day preceding any United States representative special election.
B. Declarations of independent candidacy and nominating petitions for the office of president of the United States shall be filed with the proper filing officer [during the period commencing at 9:00 a.m.] on the fifty-seventh or fifty-sixth day prior to the general election [and ending at] between the hours of 9:00 a.m. and 5:00 p.m. [on the same day]."
Section 7. Section 1-12-19.1 NMSA 1978 (being Laws 1981, Chapter 156, Section 2, as amended) is amended to read:
"1-12-19.1. GENERAL ELECTIONS--WRITE-IN CANDIDATES.--
A. A person desiring to be a write-in candidate in a general election, a special election for United States representative or a statewide special election shall file with the proper filing officer a declaration of intent to be a write-in candidate. The declaration of intent shall be filed between 9:00 a.m. and 5:00 p.m. on the sixty-fourth or sixty-third day immediately preceding the election.
B. The form of the declaration of intent shall be prescribed by the secretary of state and shall contain a sworn statement by the candidate that [he] the candidate is qualified to be a candidate for and to hold the office for which [he] the candidate is filing.
C. At the time of filing the declaration of intent to be a write-in candidate, the write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Election Code, including the obligation to report under the Campaign Reporting Act, except that [he] the write-in candidate shall not be entitled to have [his] the candidate's name printed on the ballot.
D. The secretary of state shall, not less than ten days before the general election, certify the names of the declared write-in candidates to the county clerks of every county affected by such candidacy.
E. No person shall be a write-in candidate in the general election who was a candidate in the primary election immediately prior to the general election.
F. A vote for a write-in candidate shall be counted and canvassed only if:
(1) the name written in is the name of a declared write-in candidate and shows two initials and last name; first name, middle initial or name and last name; first and last name; or the full name as it appears on the declaration of intent to be a write-in candidate and misspellings of the above combinations that can be reasonably determined by a majority of the members of the precinct board to identify a declared write-in candidate; and
(2) the name is written in the proper office or entered upon the keyboard on the voting machine or on the proper line provided on a marksense ballot, absentee ballot or emergency paper ballot for write-in votes for the office for which the candidate has filed a declaration of intent.
G. No unopposed write-in candidate shall have [his] an election certified unless [he] the candidate receives at least the number of write-in votes as [he] the candidate would need signatures on a nominating petition pursuant to the requirements in Section 1-8-33 NMSA 1978.
H. A write-in vote shall be cast by writing in the name. As used in this section, "write-in" does not include the imprinting of any name by rubber stamp or similar device or the use of preprinted stickers or labels."
Section 8. Section 1-22-4 NMSA 1978 (being Laws 1985, Chapter 168, Section 6, as amended) is amended to read:
"1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
A. The board shall by resolution issue a public proclamation in Spanish and English calling a regular school district election within the school district on the date prescribed by the School Election Law. The proclamation shall be filed by the superintendent with the county clerk of record on the last Friday in November of the even-numbered year immediately preceding the date of the election.
B. The proclamation shall specify:
(1) the date when the election will be held;
(2) the positions on the board to be filled;
(3) the [date] dates on which declarations of candidacy are to be filed;
(4) the [date] dates on which declarations of intent to be a write-in candidate are to be filed;
(5) the questions to be submitted to the voters;
(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the hours each polling place will be open; and
(8) the date and time of the closing of the registration books by the county clerk of record as required by law.
C. After filing the proclamation with the county clerk of record and not less than fifty days before the date of the election, the county clerk of record shall publish the proclamation at least once in a newspaper of general circulation within the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
Section 9. Section 1-22-5 NMSA 1978 (being Laws 1985, Chapter 168, Section 7, as amended) is amended to read:
"1-22-5. SPECIAL ELECTION--PROCLAMATION--PUBLICATION.--
A. Whenever a special school district election is to be called or is required by law, the board shall by resolution issue a public proclamation in Spanish and English calling the election. The proclamation shall forthwith be filed by the superintendent with the county clerk of record.
B. The proclamation shall specify:
(1) the date on which the special election will be held;
(2) the positions on the board to be filled;
(3) the [date] dates on which declarations of candidacy are to be filed;
(4) the [date] dates on which declarations of intent to be a write-in candidate are to be filed;
(5) the questions to be submitted to the voters;
(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the hours each polling place will be open; and
(8) the date and time of the closing of the registration books by the county clerk of record as required by law.
C. After filing the proclamation with the county clerk of record and not less than fifty days before the date of the election, the county clerk of record shall publish the proclamation at least twice in a newspaper of general circulation in the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
Section 10. Section 1-22-7 NMSA 1978 (being Laws 1985, Chapter 168, Section 9, as amended) is amended to read:
"1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.--
A. A candidate for a school board position that will be filled at a regular school district election shall file a declaration of candidacy with the proper filing officer [during the period commencing at 9:00 a.m.] on the third [Tuesday] Monday in December of the even-numbered year immediately preceding the date of the regular school district election [and ending at] or on the following day between the hours of 9:00 a.m. and 5:00 p.m. [on the same day].
B. A candidate for a school board position that will be filled at a special school district election shall file a declaration of candidacy with the proper filing officer [during the period commencing at 9:00 a.m.] on the forty-ninth or forty-eighth day before the election [and ending at] between the hours of 9:00 a.m. and 5:00 p.m. [on the same day].
C. A candidate shall file for only one school board position during a filing period.
D. Whoever knowingly makes a false statement in [his] a declaration of candidacy is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
Section 11. Section 1-24-2 NMSA 1978 (being Laws 1989, Chapter 295, Section 2) is amended to read:
"1-24-2. SPECIAL ELECTION PROCEDURES--PROCLAMATION--PUBLICATION.--
A. Whenever a special election is to be called or is required by law, the governing body shall by resolution issue a public proclamation calling the election. The proclamation shall forthwith be filed with the county clerk.
B. The proclamation shall specify:
(1) the date on which the special election will be held;
(2) the purpose for which the special election is called;
(3) if officers are to be elected or positions on the governing body are to be filled, the [date] dates on which declarations of candidacy are to be filed;
(4) if a question is to be voted upon, the [test] text of that question;
(5) the precincts in each county in which the election is to be held and the location of each polling place in the precinct;
(6) the hours that each polling place will be open; and
(7) the date and time of closing the registration books by the county clerk as required by law.
C. After filing the proclamation with the county clerk and not less than fifty days before the date of the election, the governing body shall publish the proclamation once each week for two consecutive weeks in a newspaper of general circulation within the boundaries of the local government or special district. The proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
Section 12. Section 3-8-27 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-8-8, as amended) is amended to read:
"3-8-27. REGULAR MUNICIPAL ELECTION--DECLARATION OF CANDIDACY--WITHDRAWING NAME FROM BALLOT--PENALTY FOR FALSE STATEMENT.--
A. Candidate filing [day] days shall be between the hours of 8:00 a.m. and 5:00 p.m. on the fifty-seventh and fifty-sixth [day] days preceding the day of election. On a candidate filing day, a candidate for municipal office shall personally appear at the office of the municipal clerk to file all documents required by law in order to cause a person to be certified as a candidate. Alternatively, on a candidate filing day, a person acting solely on the candidate's behalf, by virtue of a written affidavit of authorization signed by the candidate, notarized and presented to the municipal clerk by such person, shall file in the office of the municipal clerk all documents required by law in order to cause a person to be certified as a candidate.
B. On a candidate filing day, each candidate shall cause to be filed in the office of the municipal clerk a declaration of candidacy, a certified copy of the candidate's current affidavit of voter registration on file with the county clerk, which has been certified by the office of the county clerk on a date not earlier than the adoption of the election resolution, and, in a home rule or charter municipality that requires a nominating petition to be submitted by a candidate for municipal office, a nominating petition that has the required number of signatures.
C. All candidates shall cause their affidavits of voter registration to show their address as a street address or rural route number and not as a post office box.
D. The municipal clerk shall provide a form for the declaration of candidacy and shall accept only those declarations of candidacy which contain:
(1) the identical name and the identical resident street address as shown on the affidavit of registration of the candidate submitted with the declaration of candidacy;
(2) the office and term to which the candidate seeks election and district designation, if appropriate;
(3) a statement that the candidate is eligible and legally qualified to hold the office for which the candidate is filing;
(4) a statement that the candidate has not been convicted of a felony or, if the candidate has been convicted of a felony, a statement that the candidate's elective franchise has been restored;
(5) a statement that the candidate or the candidate's authorized representative shall personally appear at the office of the municipal clerk during normal business hours on the fifty-fourth day before the election to ascertain whether the municipal clerk has certified the declaration of candidacy as valid;
(6) a telephone number at which the candidate or the candidate's authorized representative can be reached for purposes of giving telephone notice;
(7) a statement to the effect that the declaration of candidacy is an affidavit under oath and that any false statement knowingly made in the declaration of candidacy constitutes a fourth degree felony under the laws of New Mexico; and
(8) the notarized signature of the candidate on the declaration of candidacy.
E. The municipal clerk shall not accept a declaration of candidacy for more than one municipal elected office per candidate, so that each candidate declares for only one municipal elected office.
F. Once filed, the declaration of candidacy is a public record.
G. Not later than the fifty-fifth day preceding the day of the election, the municipal clerk shall determine whether the declaration of candidacy shall be certified. In order to be certified as a candidate, the documents submitted to the municipal clerk shall prove that the individual is a qualified elector as defined in Subsection K of Section 3-1-2 NMSA 1978 and, if appropriate, that the individual resides in and is registered to vote in the municipal election district from which the individual seeks election. In the event that an individual fails to submit to the municipal clerk on a candidate filing day the documents listed in Subsection B of this section in the form and with the contents as required by this section, the municipal clerk shall not certify that individual as a candidate for municipal office.
H. The municipal clerk shall post in the clerk's office a list of the names of those individuals who have been certified as candidates. The municipal clerk shall also post in the clerk's office the names of those individuals who have not been certified as candidates, along with the reasons therefor. The posting shall occur no later than 9:00 a.m. on the fifty-fourth day preceding the election.
I. Not later than 5:00 p.m. on the forty-ninth day before the day of the election, a candidate for municipal office may file an affidavit on the form provided by the municipal clerk in the office of the municipal clerk stating that [he] the candidate is no longer a candidate for municipal office. A municipal clerk shall not place on the ballot the name of any person who has filed an affidavit as provided in this subsection.
J. Not later than 10:00 a.m. on the forty-eighth day preceding the election, the municipal clerk shall confirm with the printer on contract with the municipality and the county clerk the names of the candidates and their position on the ballot.
K. Any person knowingly making a false statement in the declaration of candidacy is guilty of a fourth degree felony.
L. No person shall be elected to municipal office as a write-in candidate unless that person has been certified as a declared write-in candidate by the municipal clerk, as follows:
(1) write-in candidates filing [day] days shall be on the forty-third and forty-second [day] days preceding the election between the hours of 8:00 a.m. and 5:00 p.m.;
(2) write-in candidates shall file a declaration of write-in candidacy with the same documents and satisfy the same requirements as established in this section for candidates;
(3) the municipal clerk shall, on the forty-first day preceding the election, certify those individuals who have satisfied the requirements of this section as declared write-in candidates;
(4) not later than 9:00 a.m. on the fortieth day preceding the election, the municipal clerk shall, in the office of the municipal clerk:
(a) post the names of those individuals who have been certified as declared write-in candidates; and
(b) post the names of those individuals who have not been certified as declared write-in candidates along with the reasons therefor; and
(5) not later than 5:00 p.m. on the twenty-eighth day preceding the election, a declared write-in candidate may file an affidavit that he is no longer a write-in candidate for municipal office. In the event that a declared write-in candidate files an affidavit of withdrawal, votes for that candidate shall not be counted and canvassed."
Section 13. Section 21-13-18.1 NMSA 1978 (being Laws 1993, Chapter 75, Section 3) is amended to read:
"21-13-18.1. REGULAR COMMUNITY COLLEGE ELECTION--RESOLUTION--PUBLICATION.--
A. The community college board shall issue a resolution in English and Spanish calling for a regular community college election within the community college district on the date prescribed by the Community College Act. The resolution shall be filed with each county clerk in the community college district on the third Friday in December of each even-numbered year.
B. The resolution shall specify:
(1) the date the election will be held;
(2) the positions on the board to be filled;
(3) the [date] dates on which declarations of candidacy are to be filed;
(4) the [date] dates on which declarations of intent to be a write-in candidate are to be filed;
(5) any questions to be submitted to the voters;
(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the hours each polling place will be open; and
(8) the date and time of the closing of the registration books by the county clerks as required by law.
C. In the event that only one candidate files a declaration of candidacy for each position to be filled at an election and no declared write-in candidates have filed for any position in which there is any other candidate and there are no questions or bond issues on the ballot, only one polling place for the election shall be designated and it shall be in the office of the county clerk of the county in which the community college is located.
D. In any election held under the Community College Act, the county clerk shall perform the duties of the precinct board and no other precinct board shall be appointed."
Section 14. Section 21-13-18.2 NMSA 1978 (being Laws 1993, Chapter 75, Section 4) is amended to read:
"21-13-18.2. DECLARATION OF CANDIDACY--WRITE-IN CANDIDATES--FILING DATE--PENALTY.--
A. A declaration of candidacy for membership on the community college board shall be filed with the proper filing officer [during the period commencing at 9:00 a.m.] on the forty-ninth or forty-eighth day before an election [and ending at] between the hours of 9:00 a.m. and 5:00 p.m. [on the same day].
B. Write-in candidates for the office of board member shall be permitted in community college district elections.
C. A person may be a write-in candidate only if [he] the person has the qualifications to be a candidate for membership on the board as provided in the Community College Act.
D. A person desiring to be a write-in candidate for the office of board member shall file with the proper filing officer a declaration of intent to be a write-in candidate. The declaration shall be filed before 5:00 p.m. on the thirty-fifth day preceding the date of the election.
E. Any person knowingly making a false statement in [his] a declaration of candidacy is guilty of a fourth degree felony.
F. As used in this section, "proper filing officer" means the county clerk of the county in which the community college is situated."
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