SENATE BILL 117
50th legislature - STATE OF NEW MEXICO - second session, 2012
INTRODUCED BY
Dede Feldman
AN ACT
RELATING TO ELECTIONS; ENACTING THE ELECTIONS COMMISSION ACT; CREATING THE OFFICE OF ELECTIONS; CREATING THE ELECTIONS COMMISSION; PROVIDING POWERS AND DUTIES; TRANSFERRING THE BUREAU OF ELECTIONS TO THE OFFICE OF ELECTIONS; TRANSFERRING APPROPRIATIONS, MONEY, FUNCTIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; AMENDING, ENACTING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 7 of this act may be cited as the "Elections Commission Act"."
SECTION 2. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Elections Commission Act:
A. "commission" means the elections commission; and
B. "director" means the director of elections."
SECTION 3. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] OFFICE OF ELECTIONS--CREATED--DIRECTOR--APPOINTMENT.--
A. The "office of elections" is created as an adjunct agency. The office shall perform duties pertaining to the state administration of elections pursuant to the election laws of the state.
B. The office of elections shall be headed by a "director of elections", who shall be appointed by the commission without reference to party affiliation and solely on grounds of fitness to perform the duties of the director's office. The director shall:
(1) be well-versed in state and relevant federal election laws;
(2) hold office from the date of the director's appointment until such time as the director is removed by a majority vote of the commission; provided, however, that in the event of such removal, the director shall be given six months' notice of the termination of the director's appointment or shall be paid six months' salary as terminal pay;
(3) not directly or indirectly engage in any political campaign or in any partisan political activity, except to vote, and not publicly support or oppose any candidate for local, state or federal office;
(4) not make any contribution to, or solicit funds on behalf of, any candidate; and
(5) be paid a salary fixed by the commission."
SECTION 4. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] ADDITIONAL STAFF.--
A. The director shall appoint such professional, technical and clerical assistants as are necessary to carry out the provisions of the Elections Commission Act and the Election Code.
B. Employees shall be appointed without regard to party affiliation and solely on grounds of fitness to perform the duties of the position for which they are hired."
SECTION 5. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] OFFICE OF ELECTIONS POWERS AND DUTIES.--
A. The office of elections shall:
(1) under the general supervisory control of the commission, administer the provisions of the Election Code;
(2) conduct schools, instruction and training pertaining to election administration;
(3) prepare instruction materials and manuals to promote uniformity of the administration of election laws in the state; and
(4) perform other duties assigned by the commission.
B. The position of "state voting system supervisor" is created in the office of elections. The state voting system supervisor shall be knowledgeable in the mechanical operation, repair and maintenance of voting systems used in the state. The state voting system supervisor shall provide assistance to counties in the repair, maintenance, care and proper use of voting systems owned by the counties."
SECTION 6. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] ELECTIONS COMMISSION CREATED--MEMBERSHIP--TERMS--REMOVAL.--
A. The "elections commission" is created as an independent elections oversight commission staffed by the office of elections. The commission consists of the following members:
(1) one election director from the county clerk offices of class A counties, appointed by the association of county clerks;
(2) one election director from the county clerk offices of class B counties, appointed by the association of county clerks;
(3) two public members from different political parties, who shall have expertise in the area of elections, appointed by the governor; and
(4) two public members, who shall have expertise in the area of elections, appointed by the New Mexico legislative council from a list submitted by the majority and minority floor leaders of the house of representatives and senate; provided that the appointees shall not be from the same political party.
B. No more than three members shall be members of the same political party.
C. Members of the commission shall be appointed for staggered terms of six years. Upon initial appointment of the commission, the members shall draw lots to determine which two members shall serve initial terms of two years, which two members shall serve initial terms of four years and which two members shall serve initial terms of six years; thereafter, all members shall serve six-year terms. A person shall not serve as a commission member for more than twelve consecutive years.
D. A vacancy on the commission shall be filled by appointment by the original appointing authority for that member's unexpired term. A member shall be removed only for incompetence, neglect of duty or malfeasance in office. The state supreme court has exclusive jurisdiction over proceedings to remove a commission member, and its decision shall be final. A member shall be given notice of hearing for removal, which notice shall state the grounds for removal, and be given an opportunity to be heard before the member is removed.
E. The commission shall elect a chair, vice chair and such other officers as it deems necessary. A majority of the members constitutes a quorum for the transaction of business.
F. Members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
SECTION 7. A new section of the Election Code is enacted to read:
"[NEW MATERIAL] COMMISSION--POWERS AND DUTIES.--
A. The commission may approve for adoption, promulgation and filing as provided in the State Rules Act those rules for the administration of the Election Code proposed by the office of elections.
B. The commission shall:
(1) formulate policies for the operation and conduct of the office of elections;
(2) generally supervise the activities of the office of elections;
(3) approve the annual budget of the office of elections to be submitted to the legislature;
(4) decide, by majority vote, any disagreements between the office of elections and any state or local officer pertaining to elections; and
(5) prepare an annual report for the governor and the legislature on the state of election law and the conduct of elections in New Mexico."
SECTION 8. A new section of Chapter 1, Article 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] OFFICE OF ELECTIONS--DEFINITION.--As used in the Election Code, except for Chapter 1, Article 17 NMSA 1978, "secretary of state" means the office of elections."
SECTION 9. Section 1-1-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 16, as amended) is amended to read:
"1-1-16. REGISTRATION OFFICER.--As used in the Election Code, "registration officer" means the [secretary of state] director of elections, a county clerk or a clerk's authorized deputy, a member of the board of registration or a state employee performing registration duties in accordance with the federal National Voter Registration Act of 1993 or Section 1-4-5.2 NMSA 1978."
SECTION 10. Section 1-2-1 NMSA 1978 (being Laws 1969, Chapter 240, Section 22, as amended) is amended to read:
"1-2-1. [SECRETARY OF STATE] DIRECTOR OF ELECTIONS--CHIEF ELECTION OFFICER--RULES--ENFORCEMENT POWERS.--
A. The [secretary of state] director of elections is the chief election officer of the state and shall:
(1) obtain and maintain uniformity in the application, operation and interpretation of the Election Code;
(2) subject to the State Rules Act and approval of the elections commission, make rules pursuant to the provisions of, and necessary to carry out the purposes of, the Election Code and shall furnish to the county clerks copies of such rules; provided that no rule is adopted or amended within the fifty-six days before a primary or a general election; and
(3) through the attorney general or the district attorney having jurisdiction, bring such actions as deemed necessary and proper for the enforcement of the provisions of the Election Code.
B. No forms or procedures shall be used in any election held pursuant to the Election Code without prior approval of the [secretary of state] office of elections."
SECTION 11. Section 1-2-1.1 NMSA 1978 (being Laws 1979, Chapter 74, Section 3, as amended) is amended to read:
"1-2-1.1. ATTORNEY GENERAL AND DISTRICT ATTORNEYS REQUIRED TO ASSIST [SECRETARY OF STATE] OFFICE OF ELECTIONS.--
A. The attorney general and the several district attorneys of the state upon request of the [secretary of state] office of elections shall provide to the [secretary of state] office legal advice, assistance, services and representation as counsel in any action to enforce the provisions of the Election Code.
B. Upon the request of the [secretary of state] office of elections, the attorney general and the several district attorneys of the state shall assign investigators or lawyers to aid the [secretary of state] office on election day to ensure the proper conduct of the election."
SECTION 12. Section 1-2-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 23, as amended) is amended to read:
"1-2-2. [SECRETARY OF STATE] OFFICE OF ELECTIONS--GENERAL DUTIES.--The [secretary of state] office of elections shall:
A. generally supervise all elections by administering the Election Code in its statewide application;
B. prepare instructions for the conduct of election and registration matters in accordance with the laws of the state;
C. advise county clerks, boards of county commissioners and boards of registration as to the proper methods of performing their duties prescribed by the Election Code;
D. report possible violations of the Election Code of which the [secretary of state] office of elections has knowledge to the district attorney or the attorney general for prosecution;
E. cause to be published in book form and distributed to the county clerk of each county for use by precinct boards a sufficient number of copies of the Election Code as it is from time to time amended and supplemented;
F. be responsible for the education and training of county clerks regarding elections;
G. be responsible for the education and training of voting machine technicians; and
H. assist the county clerks in the education and training of registration officers."
SECTION 13. Section 3-8-6.1 NMSA 1978 (being Laws 1991, Chapter 123, Section 2) is amended to read:
"3-8-6.1. [SECRETARY OF STATE] OFFICE OF ELECTIONS--DUTIES.--The [secretary of state] office of elections shall investigate complaints concerning conduct of elections held pursuant to the Municipal Election Code and issue the findings to the appropriate enforcement authority."
SECTION 14. TEMPORARY PROVISION--TRANSFERS.--
A. On July 1, 2013, all functions, appropriations, money, records, files, furniture, equipment and other property of the secretary of state's office pertaining to the conduct of elections, including campaign reporting and voting systems, shall be transferred to the office of elections.
B. On July 1, 2013, all contractual obligations of the secretary of state's office pertaining to the conduct of elections, including campaign reporting and voting systems, shall be deemed to be contractual obligations of the office of elections.
C. On July 1, 2013, all references in the law to the secretary of state as those references pertain to the conduct of elections, including campaign reporting and voting systems, shall be deemed to be references to the office of elections.
SECTION 15. REPEAL.--Section 8-4-5 NMSA 1978 (being Laws 1969, Chapter 191, Section 1) is repealed.
SECTION 16. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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