HOUSE GOVERNMENT, ELECTIONS AND INDIAN AFFAIRS

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 538

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; ESTABLISHING PROCEDURES TO FILL A VACANCY IN THE OFFICE OF REPRESENTATIVE AND IN THE OFFICE OF SENATOR.

 

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

     SECTION 1. Section 2-7F-4 NMSA 1978 (being Laws 2021 (2nd S.S.), Chapter 6, Section 4) is amended to read:

     "2-7F-4. ELECTIONS--VACANCIES.--

          A. Members of the house of representatives shall be elected for terms of two years.

          B. If a vacancy occurs in the office of representative for any reason, the vacancy shall be filled as follows:

                (1) for a representative district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the representative to fill the vacancy following the procedures of Subsections C and D of this section; and

                (2) for a representative district situated within two or more counties:

                     (a) the board of county commissioners of each county in the representative district shall submit one name to the governor; and

                     (b) the governor shall appoint the representative to fill the vacancy from the list of names so submitted.

          C. Except as provided in Subsection D of this section, when a board of county commissioners is required to fill a vacancy in the house of representatives by appointment, the board shall:

                (1) solicit and accept applications immediately following the vacancy;

                (2) hold a special meeting within three weeks of the vacancy, at which the board shall make the appointment; and

                (3) announce the date of the special meeting within two business days of the vacancy.

          D. If a vacancy occurs during a legislative session, the board shall solicit and accept applications immediately following the vacancy and appoint a successor within five business days of the vacancy.

          [C.] E. An appointment to fill a vacancy in the house of representatives shall be for a term ending on December 31 after the next general election.

          [D. An appointment to fill a vacancy made before the general election of 2022 shall be made from the district as it was described in Section 2-7E-1 NMSA 1978, as established by the court in Egolf v. Duran, D-101-CV-2011-02942 (1st Dist. Ct., Judgment and Final Order on Remand (State House of Representatives Trial) filed February 28, 2012).] F. On or after the general election of 2022, a vacancy shall be filled by appointment from the district as set out in the 2021 House Redistricting Act."

     SECTION 2. Section 2-8F-4 NMSA 1978 (being Laws 2021 (2nd S.S.), Chapter 7, Section 4) is amended to read:

     "2-8F-4. ELECTIONS--VACANCIES.--

          A. Members of the senate shall be elected for terms of four years.

          B. If a vacancy occurs in the office of senator for any reason, the vacancy shall be filled as follows:

                (1) for a senate district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the senator to fill the vacancy following the procedures of Subsections C and D of this section; and

                (2) for a senate district situated within two or more counties:

                     (a) the board of county commissioners of each county in the senate district shall submit one name to the governor; and

                     (b) the governor shall appoint the senator to fill the vacancy from the list of names so submitted.

          C. Except as provided in Subsection D of this section, when a board of county commissioners is required to fill a legislative office vacancy by appointment, the board shall:

                (1) solicit and accept applications immediately following the vacancy;

                (2) hold a special meeting within three weeks of the vacancy, at which the board shall make the appointment; and

                (3) announce the date of the special meeting within two business days of the vacancy.

          D. If a vacancy occurs during a legislative session, the board shall solicit and accept applications immediately following the vacancy and appoint a successor within five business days of the vacancy.

          [C.] E. All appointments to fill vacancies in the senate shall be for a term ending on December 31 [subsequent to] after the next succeeding general election, at which general election a person shall be elected to fill the remainder of any unexpired term.

          [D.] F. An appointment to fill a vacancy made before the general election of 2024 shall be made from the district as it was described in Section 2-8E-1 NMSA 1978, as established by the court in Egolf v. Duran, D-101-CV-2011-02942 (1st Dist. Ct., Judgement and Final Order (State Senate Trial) filed January 25, 2012). On or after the general election of 2024, a vacancy shall be filled by appointment from the district as set out in the 2021 Senate Redistricting Act."

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