HOUSE JOINT RESOLUTION 6

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

INTRODUCED BY

Antonio "Moe" Maestas

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 7 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW VOTERS TO CAST A VOTE IN A VOTER-NOMINATION PRIMARY ELECTION PROCESS FOR ANY CANDIDATE FOR A CONGRESSIONAL OFFICE; A STATE EXECUTIVE, LEGISLATIVE OR JUDICIAL OFFICE; OR A COUNTY OFFICE WITHOUT LIMITATION BASED ON PARTY PREFERENCE OR AFFILIATION OF EITHER THE VOTER OR THE CANDIDATE.

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

     SECTION 1. It is proposed to amend Article 7 of the constitution of New Mexico by adding a new section to read:

          "A. All registered qualified electors, regardless of party preference or affiliation, who are otherwise qualified to vote for an office shall be allowed to vote for the candidate of their choice in a voter-nomination primary election process in which all candidates, regardless of party preference or affiliation, for a partisan office specified in Subsection C of this section, are listed on the ballot. Only the names of the two candidates, or joint candidates in the case of the governor and lieutenant governor, receiving the most votes for an office shall appear on the general election ballot.

          B. A candidate for a partisan office subject to the provisions of this section may state a party preference, or state "prefer unaffiliated", on the candidate's declaration of candidacy, which preference shall appear on the primary election ballot and shall remain the same for a candidate who qualifies for the general election ballot. Selection of a party preference by a candidate shall not constitute or imply endorsement of the candidate by the party so designated, and no party shall have the right to have the name of its preferred candidate for an office subject to the provisions of this section appear on the ballot in the general election unless that candidate has qualified in accordance with the provisions of Subsection A of this section.

          C. The following partisan elective offices are subject to the provisions of this section:

                (1) United States senator and United States representative;

                (2) all state elective offices, including the offices of state representative and state senator; and

          (3) all county elective offices, except those offices for which a county home rule charter provides otherwise."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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