SENATE BILL 127

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Pat Woods

AN ACT

RELATING TO ELECTIONS; PROVIDING THAT ONE ELECTOR FROM EACH CONGRESSIONAL DISTRICT CAST THE ELECTOR'S VOTE FOR THE WINNER OF THE POPULAR VOTE IN THAT DISTRICT.

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

     SECTION 1. Section 1-15-3 NMSA 1978 (being Laws 1969, Chapter 240, Section 353, as amended) is amended to read:

     "1-15-3. PRESIDENTIAL ELECTORS--NOMINATION.--

          A. Any qualified political party in New Mexico desiring to have candidates for president and vice president on the general election ballot in a presidential election year shall, at a state party convention held in the year of such election, choose from the voters of [such] the party [the number of presidential electors required by law and no more] one presidential elector from each congressional district and two presidential electors at large.

          B. The presidential electors shall be nominated by the state convention according to the rules of that party on file with the secretary of state.

          C. Upon the nomination of presidential electors, the [chairman] chair and secretary of the convention shall certify the names and addresses of [such] the nominees not less than fifty-six days prior to the election to the secretary of state. The secretary of state shall record the nominees' names in [his] the secretary's office as the presidential elector nominees of that party."

     SECTION 2. Section 1-15-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 354) is amended to read:

     "1-15-4. PRESIDENTIAL ELECTORS--ELECTION.--

          A. The names of the presidential elector nominees shall not be placed upon the general election ballot; instead, the secretary of state shall certify to the county clerks the names of persons nominated by each qualified political party for the offices of president and vice president of the United States.

          B. The names of [such] the nominees for president and vice president for each qualified political party shall be printed together in pairs upon the general election ballot. A vote for any [such] pair of nominees shall be a vote for the presidential electors of the political party by which [such] the nominees were named.

          C. The at-large presidential elector nominees of the party whose nominees for president and vice president receive the highest number of votes at the general election shall be the at-large elected presidential electors for this state, and each shall be granted a certificate of election by the state canvassing board. Each congressional district elector nominee of a party whose nominees for president and vice president receive the highest number of votes at the general election in a congressional district shall be the respective congressional district presidential elector for this state, and each shall be granted a certificate of election by the state canvassing board."

     SECTION 3. Section 1-15-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 358, as amended) is amended to read:

     "1-15-8. PRESIDENTIAL ELECTORS--ELECTORAL COLLEGE CASTING BALLOTS--CERTIFICATION OF RESULTS.--

          A. The presidential electors of the state shall meet at noon in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors to cast their ballots for president and vice president and shall proceed to vote by ballot for president and vice president of the United States and to certify the results of such election in accordance with the constitution and laws of the United States. Each at-large presidential elector shall mark the elector's ballot for the presidential and vice-presidential candidates who received the highest number of votes in the state. Each congressional district presidential elector shall mark the elector's ballot for the presidential and vice-presidential candidates who received the highest number of votes in the elector's congressional district.

          B. The presidential elector chosen as secretary shall keep a journal of the proceedings and deposit the journal in the office of the secretary of state, where it shall be kept on file."

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