HOUSE BILL 748

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Keith J. Gardner

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR INVALIDATION OF A NOMINATING PETITION IF THE PETITION WAS ALTERED TO CHANGE THE OFFICE FOR WHICH THE CANDIDATE SEEKS NOMINATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 1-8-31 NMSA 1978 (being Laws 1973, Chapter 228, Section 5, as amended) is amended to read:

     "1-8-31. PRIMARY ELECTION LAW--NOMINATING PETITION--SIGNATURES TO BE COUNTED.--

          A. A person who signs a nominating petition shall sign only one petition for the same office unless more than one candidate is to be elected to that office, and in that case a person may sign not more than the number of nominating petitions equal to the number of candidates to be elected to the office.

          B. A person who signs a nominating petition shall indicate [his] the person's residence as [his] the person's address. If the person does not have a residential address, [he] the person may provide [his] the person's mailing address.

          C. A signature shall be counted on a nominating petition unless there is evidence presented that the person signing:

                (1) was not a registered member of the candidate's political party ten days prior to the filing of the nominating petition;

                (2) failed to provide information required by the nominating petition sufficient to determine that the person is a qualified voter of the state, district, county or area to be represented by the office for which the person seeking the nomination is a candidate;

                (3) has signed more than one petition for the same office, except as provided in Subsection A of this section, or has signed one petition more than once;

                (4) is not of the same political party as the candidate named in the nominating petition as shown by the signer's certificate of registration; or

                (5) is not the person whose name appears on the nominating petition.

          D. A nominating petition, including all signatures on the petition, shall be invalid if the petition is altered to change the office for which the candidate seeks nomination after the petition is signed by a person.

          [D.] E. The procedures set forth in this section shall be used to validate signatures on any petition required by the Election Code, except that Paragraphs (1) and (4) of Subsection C of this section shall not apply to petitions filed by unaffiliated candidates or petitions filed by candidates of minor political parties."

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