HOUSE BILL 640
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Janice E. Arnold-Jones
AN ACT
RELATING TO ELECTIONS; ALLOWING VOTERS TO WRITE IN THE CANDIDATE OF THEIR CHOOSING WHEN VOTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 1-8-36.1 NMSA 1978 (being Laws 1981, Chapter 156, Section 1, as amended) is amended to read:
"1-8-36.1. PRIMARY ELECTION LAW--WRITE-IN CANDIDATES.--
[A. Write-in candidates are permitted in the primary election only for the offices of United States representative, members of the legislature, district judges, district attorneys, public regulation commission, state board of education, magistrates and any office voted upon by all voters of the state.
B. A person may be a write-in candidate only for nomination by the major political party with which he is affiliated as shown by his certificate of registration, and such person shall have the qualifications to be a candidate in the primary election for the political party for which he is a write-in candidate.
C. A person desiring to be a write-in candidate for one of the offices listed in Subsection A of this section in the primary election shall file with the proper filing officer a declaration of intent to be a write-in candidate. Such declaration of intent shall be filed before 5:00 p.m. on the second Tuesday in March.
D.] A. If the name of the person for whom a voter desires to vote does not appear on the primary election ballot, the voter may write in the name of that person.
B. A write-in vote 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; or 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 slot on the voting machine or] on the proper line provided on [an absentee ballot or emergency] a paper ballot for write-in votes. [for the office for which the candidate has filed a declaration of intent.
E. 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 obligations to report pursuant to the Campaign Reporting Act, except that he shall not be entitled to have his name printed on the ballot.
F. No unopposed write-in candidate shall have his nomination certified unless he receives at least the number of write-in votes in the primary election as he would need signatures on a nominating petition pursuant to the requirements set out in Section 1-8-33 NMSA 1978.
G.] C. 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 2. Section 1-11-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 212, as amended) is amended to read:
"1-11-2. CONTENTS OF PROCLAMATION.--The proclamation shall:
A. give notice of the election;
B. set forth the purpose of the election;
C. list the offices to be filled;
D. list all properly certified candidates for each of the offices to be filled;
[E. list the declared write-in candidate's name and party affiliation;
F.] E. list the names of all precinct board members and the precinct to which they are appointed; and
[G.] F. give the address or location of the polling place in each precinct where the election is to be held."
Section 3. 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--SPECIAL ELECTIONS--WRITE-IN CANDIDATES.--
[A. A person desiring to be a write-in candidate in 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-third day immediately preceding the election. A person desiring to be a write-in candidate in a general election shall file the declaration of intent between 9:00 a.m. and 5:00 p.m. on the day after the primary 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 the candidate is qualified to be a candidate for and to hold the office for which 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 the candidate shall not be entitled to have 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. If the name of the person for whom a voter desires to vote does not appear on the general or special election ballot, the voter may write in the name of that person.
B. 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; or 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 an election certified unless the candidate receives at least the number of write-in votes as the candidate would need signatures on a nominating petition pursuant to the requirements in Section 1-8-33 NMSA 1978.
H.] C. 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."
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