0001| HOUSE BILL 865
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| EDWARD C. SANDOVAL
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0005|
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0006|
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0007|
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0008| FOR THE ELECTION CODE RECODIFICATION COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO ELECTIONS; CLARIFYING FILING REQUIREMENTS FOR
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0012| COUNTY OFFICE CANDIDATES; CLARIFYING NOMINATING PETITION
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0013| SIGNATURE REQUIREMENTS; ELIMINATING THE OPTION OF WRITE-IN
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0014| CANDIDACIES DURING A PRIMARY OR GENERAL ELECTION; PRESCRIBING
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0015| CERTAIN ELECTION FORMS; AMENDING AND REPEALING SECTIONS OF THE
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0016| ELECTION CODE.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. Section 1-3-9 NMSA 1978 (being Laws 1975,
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0020| Chapter 255, Section 33, as amended) is amended to read:
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0021| "1-3-9. PRECINCTS--EXCLUSIONS.--As used in Chapter 1,
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0022| Article 3 NMSA 1978, "precinct" shall not include an
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0023| absent voter precinct or an early voter precinct."
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0024| Section 2. Section 1-6A-1 NMSA 1978 (being Laws 1993,
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0025| Chapter 37, Section 1) is amended to read:
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0001| "1-6A-1. [ABSENTEE-EARLY VOTING] EARLY VOTER ACT--
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0002| SHORT TITLE. [Sections 1-6A-1 through 1-6A-9] Chapter 1,
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0003| Article 6A NMSA 1978 may be cited as the "[Absentee-Early
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Voting] Early Voter Act"."
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0005| Section 3. Section 1-6A-2 NMSA 1978 (being Laws 1993,
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0006| Chapter 37, Section 2) is amended to read:
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0007| "1-6A-2. DEFINITIONS.--As used in the [Absentee-Early
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Voting] Early Voter Act:
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0009| A. "election" means any statewide election, general
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0010| election, primary election or special election to fill
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0011| vacancies in the office of United States representative and
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0012| regular or special school district elections [except as
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modified by the School Election Law]; and
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0014| B. "marksense ballot" means a paper ballot card
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0015| used on an optical-scan vote-tabulating machine."
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0016| Section 4. Section 1-6A-3 NMSA 1978 (being Laws 1993,
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0017| Chapter 37, Section 3) is amended to read:
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0018| "1-6A-3. RIGHT TO VOTE [ABSENTEE-EARLY] EARLY.--
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0019| A. Any voter may vote [absentee-early] early
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0020| for all candidates and on all questions appearing on the ballot
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0021| [at] in his precinct as if he were [able to cast]
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0022| casting his ballot in person at the polling place on
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0023| election day.
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0024| B. Any federal [qualified elector] voter may
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0025| register and vote [absentee-early] early."
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0001| Section 5. Section 1-6A-4 NMSA 1978 (being Laws 1993,
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0002| Chapter 37, Section 4, as amended) is amended to read:
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0003| "1-6A-4. [ABSENTEE-EARLY] EARLY VOTER APPLICATION.--
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0004| Application by a voter [for absentee-early voting] to vote
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0005| early shall be made on a form prescribed and furnished by the
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0006| secretary of state to the county clerk of the county in which
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0007| [he] the voter resides. The form shall identify the
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0008| [applicant] voter and contain [such] information [as
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is] necessary for voting [under the Absentee-Early Voting
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Act] pursuant to the Early Voter Act."
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0011| Section 6. Section 1-6A-5 NMSA 1978 (being Laws 1993,
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0012| Chapter 37, Section 5, as amended) is amended to read:
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0013| "1-6A-5. PROCESSING APPLICATION.--
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0014| A. The county clerk shall mark each completed
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0015| [absentee-early] early voter application with the date and
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0016| time of receipt in the clerk's office and enter the required
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0017| information in the [absentee] early voter ballot register.
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0018| B. If the applicant has no valid [affidavit]
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0019| certificate of registration on file in the county and he is
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0020| not a federal qualified elector, he shall not be allowed to
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0021| vote. The county clerk shall mark the application "rejected"
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0022| and file the application in a separate file from those
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0023| accepted.
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0024| C. If the applicant presents proof of
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0025| identification and is [determined] found to be a voter or a
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0001| federal qualified elector, the county clerk shall mark the
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0002| application "accepted" and deliver a marksense ballot or allow
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0003| the voter to vote on the direct-recording electronic machine.
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0004| Upon acceptance of the application, an appropriate designation
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0005| shall be made on the [absentee] early voter register.
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0006| D. [Absentee-early] Early voting may be done in
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0007| person during the regular hours of business at the county
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0008| clerk's office or other locations specified by the county
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0009| clerk; provided that in class A counties, the county clerk
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0010| shall establish not less than four alternative locations as
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0011| satellite polling places. [Absentee-early] Early voting may
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0012| be done from 8:00 a.m. on the twentieth day preceding the
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0013| election up until 5:00 p.m. on the Saturday immediately prior
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0014| to the date of the election. In voting [absentee-early]
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0015| early, the voter may be assisted by one person of the voter's
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0016| [own] choice.
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0017| E. The secretary of state and county clerk shall
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0018| make reasonable efforts to publicize and inform voters of the
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0019| times and locations for [absentee-early] early voting.
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0020| F. The county clerk of each county shall count, by
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0021| precinct, the total number of early votes received within each
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0022| precinct, which shall be a public record."
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0023| Section 7. Section 1-6A-6 NMSA 1978 (being Laws 1993,
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0024| Chapter 37, Section 6) is amended to read:
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0025| "1-6A-6. VOTING DEVICE PREPARATION.--
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0001| A. Five days before the [absentee-early] early
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0002| voting period commences, the county clerk may begin to prepare,
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0003| inspect and seal the voting devices in accordance with the
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0004| specifications for electronic voting machines adopted by the
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0005| secretary of state.
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0006| B. One day prior to the [absentee-early] early
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0007| voting period, the county clerk shall certify to the secretary
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0008| of state and all county party chairmen the type and serial
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0009| number of each voting machine to be used."
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0010| Section 8. Section 1-6A-7 NMSA 1978 (being Laws 1993,
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0011| Chapter 37, Section 7, as amended) is amended to read:
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0012| "1-6A-7. MANNER OF VOTING.--
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0013| A. Any person voting an [absentee-early] early
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0014| voter paper ballot shall:
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0015| (1) receive a ballot issued by the county
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0016| clerk;
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0017| (2) take the ballot to a voting booth and,
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0018| with the marking instrument provided, mark it by completing the
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0019| arrow to the right of the candidate's name or question on which
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0020| he desires to vote. Only those ballots marked in accordance
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0021| with instructions for marksense ballots shall be counted; and
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0022| (3) make all selections and feed the ballot
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0023| into the machine to record his vote.
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0024| B. Any person voting [absentee-early] early on
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0025| the direct-recording electronic voting machine shall:
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0001| (1) enter the machine;
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0002| (2) press the square to the right of the
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0003| candidate's name or question on which he desires to vote; and
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0004| (3) make all selections and press the vote
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0005| button in the lower right hand corner of the voting machine to
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0006| record his vote.
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0007| C. Any person voting [absentee-early] early in
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0008| a county [utilizing] using a central vote counting system
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0009| shall receive and complete an [absentee-early] early voter
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0010| ballot and, upon completion, shall place the marked ballot into
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0011| a locked ballot box."
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0012| Section 9. Section 1-6A-8 NMSA 1978 (being Laws 1993,
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0013| Chapter 37, Section 8) is amended to read:
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0014| "1-6A-8. DELIVERY OF VOTING MACHINE TO EARLY VOTER
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0015| PRECINCT BOARD.--At 7:00 a.m. on election day the county clerk
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0016| shall deliver the [absentee-early] early voting machine to
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0017| the [absentee] early voter precinct board. A special
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0018| deputy county clerk shall receipt for the voting machine. Upon
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0019| delivery of the [absentee-early] early voting machine, the
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0020| special deputy shall obtain a receipt executed by the presiding
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0021| judge and each election judge specifying the serial number of
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0022| the machine and the number of votes recorded on the machine,
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0023| and he shall return [such] the receipt to the county clerk
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0024| for filing. Thereafter, the [absentee] early voter
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0025| precinct board shall proceed as specified in Sections 1-6-1
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0001| through 1-6-25 NMSA 1978."
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0002| Section 10. Section 1-6A-9 NMSA 1978 (being Laws 1993,
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0003| Chapter 37, Section 9) is amended to read:
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0004| "1-6A-9. SECURITY.--The secretary of state shall adopt
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0005| rules and regulations for protecting the integrity, security
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0006| and secrecy of the [absentee-early] early voter ballot."
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0007| Section 11. Section 1-6A-10 NMSA 1978 (being Laws 1995,
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0008| Chapter 165, Section 4) is amended to read:
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0009| "1-6A-10. [ABSENTEE-EARLY VOTING] EARLY VOTER PRECINCT
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0010| BOARD.--
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0011| A. The county clerk shall appoint [absentee-early
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voting] early voter election officials who shall receive
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0013| compensation at an hourly rate set by the county clerk.
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0014| B. A minimum of three board members shall be
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0015| appointed to the [absentee-early voting] early voter
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0016| precinct board with not more than two members belonging to the
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0017| same political party. Additional members may be appointed as
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0018| the county clerk deems necessary.
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0019| C. The county clerk of a class A county shall
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0020| convene the early voter precinct board one week before election
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0021| day to begin counting early voter ballots.
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0022| D. The county clerk of a county other than a class
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0023| A county may, if necessary, convene the early voter precinct
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0024| board one week before election day to begin counting early
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0025| voter ballots."
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0001| Section 12. Section 1-6A-11 NMSA 1978 (being Laws 1995,
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0002| Chapter 165, Section 5) is amended to read:
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0003| "1-6A-11. CHALLENGERS AND WATCHERS.--Challengers and
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0004| watchers may be appointed in the [absentee-early] early
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0005| voter precinct in the same manner as the appointment of
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0006| watchers, challengers and alternate challengers pursuant to the
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0007| Election Code."
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0008| Section 13. Section 1-6A-12 NMSA 1978 (being Laws 1995,
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0009| Chapter 165, Section 6) is amended to read:
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0010| "1-6A-12. COUNTING AND CANVASSING.--The secretary of
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0011| state shall adopt rules and regulations regarding
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0012| [absentee-early] early voter ballots and voting practices,
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0013| separation of [absentee-early] early voter ballots from
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0014| absentee ballots, use of ballots rejected from voting machines,
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0015| handling of, counting and canvassing of [absentee-early]
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0016| early voter ballots and distribution of ballots by each
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0017| representative district for canvassing purposes."
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0018| Section 14. Section 1-8-13 NMSA 1978 (being Laws 1969,
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0019| Chapter 240, Section 162, as amended) is amended to read:
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0020| "1-8-13. PRIMARY ELECTION LAW--CONTENTS OF
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0021| PROCLAMATION.--The proclamation calling a primary election
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0022| shall contain:
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0023| A. the names of the major political parties
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0024| participating in the primary election;
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0025| B. the offices for which each political party shall
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0001| nominate candidates; provided that if any law is enacted by the
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0002| legislature in the year in which the primary election is held
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0003| and [such] the law does not take effect until after the
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0004| date of the proclamation but prior to the date of the primary
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0005| election, the proclamation shall conform to the intent of
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0006| [such] the law with respect to the offices for which each
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0007| political party shall nominate candidates;
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0008| C. the date on which declarations of candidacy and
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0009| nominating petitions for United States representative, any
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0010| office voted upon by all the voters of the state, a legislative
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0011| office, the office of district judge, district attorney, state
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0012| board of education or magistrate shall be filed and the places
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0013| where they shall be filed in order to have the candidates'
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0014| names printed on the official ballot of their party at the
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0015| primary election;
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0016| D. the date on and place at which declarations of
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0017| candidacy shall be filed for any other office and filing fees
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0018| paid or, in lieu thereof, a pauper's statement of inability to
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0019| pay;
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0020| [E. the date on and place at which declarations of
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intent to be a write-in candidate for a statewide office or
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office of United States representative shall be filed;
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F. the date on and place at which declarations of
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intent to be a write-in candidate for any other office shall be
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filed;
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G.] E. the final date on and place at which
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0002| candidates for the office of United States representative and
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0003| for any statewide office seeking preprimary convention
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0004| designation by the major parties shall file petitions and
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0005| declarations of candidacy;
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0006| [H.] F. the final date on which the major
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0007| political parties shall hold state preprimary conventions for
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0008| the designation of candidates; and
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0009| [I.] G. the final date on and place at which
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0010| certificates of designation of primary election candidates
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0011| shall be filed by political parties with the secretary of
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0012| state.
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0013| As used in the Primary Election Law, "statewide office"
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0014| means any office voted on by all the voters of the state."
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0015| Section 15. Section 1-8-21 NMSA 1978 (being Laws 1996,
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0016| Chapter 20, Section 3) is amended to read:
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0017| "1-8-21. PRIMARY ELECTION--METHODS OF PLACING NAMES ON
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0018| PRIMARY BALLOT.--
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0019| A. [All candidates] A candidate seeking primary
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0020| election nomination to a statewide office or the office of
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0021| United States representative shall file [declarations] a
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0022| declaration of candidacy with the proper filing officer.
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0023| [Candidates] A candidate shall file a nominating
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0024| [petitions] petition at the time of filing [their
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declarations] the declaration of candidacy. [Candidates]
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0001| A candidate who [seek] seeks, but [do] does not
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0002| obtain, preprimary convention designation by a major political
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0003| party may file a new [declarations] declaration of
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0004| candidacy and a nominating [petitions] petition pursuant
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0005| to Section 1-8-33 NMSA 1978.
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0006| B. [Candidates] A candidate for [any other
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office] a legislative office, the office of district
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0008| attorney, district judge, metropolitan judge, magistrate or the
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0009| state board of education shall have [their names] his name
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0010| placed on the primary election ballot by filing
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0011| [declarations] with the proper filing officer a declaration
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0012| of candidacy and a nominating [petitions with the proper
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filing officer. Candidates for county office shall also pay
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filing fees or file the proper paupers' statements at the time
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of filing declarations of candidacy] petition.
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0016| C. A candidate for a county office shall have his
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0017| name placed on the primary election ballot by filing with the
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0018| proper filing officer a declaration of candidacy accompanied by
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0019| the appropriate filing fee or a pauper's statement."
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0020| Section 16. Section 1-8-30 NMSA 1978 (being Laws 1973,
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0021| Chapter 228, Section 4, as amended) is amended to read:
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0022| "1-8-30. PRIMARY ELECTION LAW--DECLARATION OF
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0023| CANDIDACY--NOMINATING PETITION--FILING AND FORM.--
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0024| A. As used in the Primary Election Law, "nominating
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0025| petition" means the authorized form used for obtaining the
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0001| required number of signatures of voters, which is signed on
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0002| behalf of the person wishing to become a candidate for a
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0003| political office in the primary election requiring a nominating
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0004| petition.
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0005| B. In making a declaration of candidacy, the
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0006| candidate at the same time shall file a nominating petition,
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0007| which shall be on forms prescribed by law.
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0008| C. The nominating petition shall be on paper
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0009| approximately eight and one-half inches wide and fourteen
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0010| inches long with numbered lines for signatures spaced
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0011| approximately three-eighths of an inch apart and shall be in
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0012| the following form:
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0013| "NOMINATING PETITION
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0014| I, the undersigned, a registered voter of the
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0015| county of _______________, New Mexico, and a member of
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0016| the _______________ party, hereby nominate
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0017| ____________, who resides at _____________ in the
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0018| county of _______________, New Mexico, for the party
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0019| nomination for the office of ____________________, to
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0020| be voted for at the primary election to be held on the
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0021| first Tuesday of June, 19 _____, and I declare that I
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0022| am a resident of the state, district, county or area to
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0023| be represented by the office for which the person being
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0024| nominated is a candidate. I also declare that I have
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0025| not signed, and will not sign, any nominating petition
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0001| for more persons than the number of candidates
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0002| necessary to fill such office at the next ensuing
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0003| general election.
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0004| 1. ___________ _____________ ___________ _________
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0005| (usual (name printed (address as (city or
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0006| signature) as registered) registered) rt. no.)
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0007| 2. ___________ _____________ ___________ _________
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0008| (usual (name printed (address as (city or
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0009| signature) as registered) registered) rt.
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0010| no.)".
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0011| D. In October of odd-numbered years, the secretary of
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0012| state shall furnish to each county clerk a sample of a
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0013| nominating petition form, a copy of which shall be made
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0014| available by the county clerk upon request of any candidate.
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0015| [E. The signature of the voter shall not be counted
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unless the voter was a registered member of the candidate's
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party ten days prior to the filing of the nominating petition.
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The signature of the voter shall not be counted unless the
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entire line indicates the voter's usual signature, his name
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printed as registered and his address as registered and his
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city or route number and is upon the form furnished by the
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secretary of state to the county clerks or a duplicate thereof.
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F.] E. When more than one sheet is required for a
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0024| petition, each of the sheets shall be in the form prescribed by
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0025| this section and all sheets shall be firmly secured by a staple
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0001| or other suitable fastening."
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0002| Section 17. Section 1-8-31 NMSA 1978 (being Laws 1973,
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0003| Chapter 228, Section 5, as amended by Laws 1993, Chapter 314,
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0004| Section 47 and also by Laws 1993, Chapter 316, Section 47) is
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0005| amended to read:
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0006| "1-8-31. PRIMARY ELECTION LAW--NOMINATING PETITION--
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0007| SIGNATURES TO BE COUNTED.--
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0008| A. [Each signer of] A person who signs a
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0009| nominating petition shall sign but one petition for the same
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0010| office unless more than one candidate is to be elected to
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0011| [such] that office, and in that case a person may sign
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0012| not more than the number of nominating petitions equal to the
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0013| number of candidates to be elected to the office [shall be
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signed].
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0015| B. A person who signs a nominating petition shall
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0016| indicate his residence as his address. If the person does not
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0017| have a residential address, he may list his address as a post
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0018| office box.
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0019| [B.] C. A signature shall be counted on a
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0020| nominating petition unless there is evidence presented that the
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0021| person signing:
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0022| (1) was not a registered member of the
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0023| candidate's political party ten days prior to the filing of the
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0024| nominating petition;
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0025| [(1) is not a] (2) failed to provide
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0001| information required by the nominating petition sufficient to
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0002| determine that the person is a qualified voter of the state,
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0003| district, county or area to be represented by the office for
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0004| which the person seeking the nomination is a candidate;
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0005| [(2)] (3) has signed more than one petition
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0006| for the same office, except as provided in Subsection A of this
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0007| section, or has signed one petition more than once;
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0008| [(3)] (4) is not of the same political party
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0009| as the candidate named in the nominating petition as shown by
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0010| the signer's certificate of registration [or] unless the
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0011| person signing or the candidate in the petition is registered
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0012| as an independent or as a member of a minor party; or
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0013| [(4)] (5) is not the person whose name
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0014| appears on the nominating petition.
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0015| [C.] D. The procedures set forth in this section
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0016| shall be used to validate signatures on any petition required
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0017| by the Election Code."
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0018| Section 18. Section 1-8-44 NMSA 1978 (being Laws 1969,
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0019| Chapter 240, Section 182, as amended) is amended to read:
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0020| "1-8-44. PRIMARY ELECTION LAW--WITHDRAWAL OF
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0021| CANDIDATES DATE OF WITHDRAWAL. [No] A candidate [shall]
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0022| seeking to withdraw from a primary election [unless he
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withdraws] shall withdraw no later than the first [Friday
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after the filing date] Tuesday in April before that primary
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0025| election."
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0001| Section 19. Section 1-8-49 NMSA 1978 (being Laws 1977,
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0002| Chapter 322, Section 5) is amended to read:
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0003| "1-8-49. INDEPENDENT CANDIDATES FOR GENERAL [OR UNITED
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STATES REPRESENTATIVE SPECIAL] ELECTIONS--CANDIDATES FOR
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0005| PRESIDENT AND VICE PRESIDENT. [If the person filing the
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declaration of independent candidacy is a candidate for
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president of the United States, he shall also file the names
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and addresses of the required number of presidential electors
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who intend to vote for such independent candidate in the
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electoral college.]
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0011| A. Nomination as an independent candidate for
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0012| president or vice president shall be made by filing a
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0013| declaration of independent candidacy with the proper filing
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0014| officer. The candidate for president shall also file a
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0015| nominating petition with the required number of signatures.
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0016| B. In making a declaration of independent candidacy
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0017| for president, the candidate shall submit a sworn statement in
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0018| the following form:
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0019| "DECLARATION OF INDEPENDENT CANDIDACY FOR PRESIDENT
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0020| I, (candidate's name), being duly sworn, say
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0021| that I am a citizen of the United States, have been a resident
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0022| of the United States for at least fourteen years and have
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0023| attained the age of thirty-five.
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0024| I desire to become a candidate for the office of president
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0025| of the United States at the general election to be held on the
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0001| date set by law for this year. I will be eligible and legally
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0002| qualified to hold this office at the beginning of its term.
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0003| The name of my vice presidential running mate, whom I
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0004| selected, is . The names and addresses of the
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0005| required number of presidential electors who intend to vote for
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0006| me and for my vice presidential running mate in the electoral
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0007| college are:
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0008|
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0009| name name
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0010|
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0011| residence address residence address
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0012|
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0013| mailing address mailing address
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0014|
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0015| city city
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0016|
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0017| state and zip code state and zip code
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0018|
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0019| name name
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0020|
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0021| residence address residence address
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0022|
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0023| mailing address mailing address
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0024|
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0025| city city
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0001|
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0002| state and zip code state and zip code
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0003|
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0004| name
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0005| _________________________
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0006| residence address
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0007| _________________________
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0008| mailing address
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0009| _________________________
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0010| city
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0011| _________________________
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0012| state and zip code
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0013| I submit with this statement a nominating petition in the
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0014| form and manner as prescribed by the Election Code and
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0015| regulations of the secretary of state. I make the foregoing
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0016| affidavit under oath, knowing that any false statement herein
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0017| constitutes a felony punishable in accordance with the criminal
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0018| laws of New Mexico.
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0019|
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0020| _________________________
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0021| declarant
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0022|
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0023| _________________________
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0024| residence address
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0025|
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0001| mailing address
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0002|
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0003|
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0004| city
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0005|
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0006| state and zip code
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0007| Subscribed and sworn to before me this day of
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0008| , 19
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0009|
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0010| notary public
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0011| My commission expires:
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0012| ".
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0013| C. In making a declaration of independent candidacy
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0014| for vice president, the candidate shall submit a sworn
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0015| statement in the following form:
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0016| "DECLARATION OF INDEPENDENT CANDIDACY FOR VICE PRESIDENT
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0017| I, (candidate's name), being duly sworn,
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0018| say that I am a citizen of the United States, have been a
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0019| resident of the United States for at least fourteen years and
|
0020| have attained the age of thirty-five.
|
0021| I have been selected by independent presidential candidate
|
0022| as his vice presidential running mate and
|
0023| desire to be that candidate for vice president. I will be
|
0024| eligible and legally qualified to hold this office at the
|
0025| beginning of its term.
|
0001| I make the foregoing affidavit under oath, knowing that
|
0002| any false statement herein constitutes a felony punishable in
|
0003| accordance with the criminal laws of New Mexico.
|
0004|
|
0005|
|
0006| _________________________
|
0007| declarant
|
0008|
|
0009| _________________________
|
0010| residence address
|
0011|
|
0012| mailing address
|
0013|
|
0014|
|
0015| city
|
0016|
|
0017| state and zip code
|
0018| Subscribed and sworn to before me this day of
|
0019| , 19
|
0020|
|
0021| notary public
|
0022| My commission expires:
|
0023| ".
|
0024| D. The independent presidential electors whom the
|
0025| independent candidate for president is required to name shall
|
0001| be registered voters of New Mexico; they may or may not be
|
0002| affiliated with a political party in New Mexico. United States
|
0003| senators, United States representatives and persons holding
|
0004| federal offices of trust or profit are not eligible to be
|
0005| electors.
|
0006| E. When independent candidates for president and vice
|
0007| president appear on the general election ballot, a vote for
|
0008| that pair of nominees is a vote for that presidential
|
0009| candidate's electors.
|
0010| F. If the independent candidates for president and
|
0011| vice president receive the highest number of votes at the
|
0012| general election, the independent presidential candidate's
|
0013| electors shall be the presidential electors of the state of New
|
0014| Mexico. As such, each elector shall be granted a certificate
|
0015| of election by the state canvassing board, and each elector
|
0016| shall be subject to the provisions of Sections 1-15-5 through
|
0017| 1-15-10 NMSA 1978."
|
0018| Section 20. Section 1-8-50 NMSA 1978 (being Laws 1977,
|
0019| Chapter 322, Section 6) is amended to read:
|
0020| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED
|
0021| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION
|
0022| FORM.--
|
0023| A. As used in Sections [3-8-27.1 through 3-8-27.8
|
NMSA 1953] 1-8-45 through 1-8-52 NMSA 1978, "nominating
|
0025| petition" means the authorized form [or forms] used for
|
0001| obtaining the required number of signatures of voters [which]
|
0002| that is signed on behalf of the person wishing to become an
|
0003| independent candidate for a political office in a general or
|
0004| United States representative special election requiring a
|
0005| nominating petition.
|
0006| B. In making a declaration of candidacy, the
|
0007| candidate at the same time shall file a nominating petition,
|
0008| which shall be on forms prescribed by law.
|
0009| [B.] C. The nominating petition for an
|
0010| independent candidate for any office except president of the
|
0011| United States shall be on paper approximately eight and one-
|
0012| half inches wide and fourteen inches long with numbered lines
|
0013| for signatures spaced approximately three-eighths of an inch
|
0014| apart and shall be in the following form:
|
0015| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY
|
0016| FOR ANY OFFICE EXCEPT PRESIDENT OF THE UNITED STATES
|
0017| I, the undersigned, a registered voter of the
|
0018| county of ____________________, New Mexico, hereby
|
0019| nominate ___________________________________, who
|
0020| resides at _________________________ in the county of
|
0021| _______________, New Mexico, as an independent
|
0022| candidate for the office of _________________________,
|
0023| to be voted for at the general election (United States
|
0024| representative special election) to be held on November
|
0025| _____, 19 _____, and I declare that I am a resident of
|
0001| the state, district, county or area to be represented
|
0002| by the office for which the person being nominated is a
|
0003| candidate. I also declare that I have not signed, and
|
0004| will not sign, any nominating petition for more persons
|
0005| than the number of candidates necessary to fill such
|
0006| office at the next ensuing general election.
|
0007| 1. __________ _______________ ____________ ________
|
0008| (usual (name printed (address as (city)
|
0009| signature) as registered) registered)
|
0010| 2. __________ _______________ ____________ ________
|
0011| (usual (name printed (address as (city)".
|
0012| signature) as registered) registered)
|
0013| D. The nominating petition for an independent
|
0014| candidate for the office of president of the United States
|
0015| shall be on paper approximately eight and one-half inches wide
|
0016| and fourteen inches long with numbered lines for signatures
|
0017| spaced approximately three-eighths of an inch apart and shall
|
0018| be in the following form:
|
0019| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY FOR THE
|
0020| OFFICE OF PRESIDENT OF THE UNITED STATES
|
0021| I, the undersigned, a registered voter of the
|
0022| county of , New Mexico, by endorsement
|
0023| hereon, petition that the name of
|
0024| be printed on the general election ballot as an
|
0025| independent candidate for the office of president of
|
0001| the United States, to be voted on at the general
|
0002| election to be held on November , 19 . I also
|
0003| declare that I am that person whose name appears hereon
|
0004| and that I have not signed, nor will I sign, any
|
0005| nominating petition for any other candidate seeking the
|
0006| office of president of the United States at the next
|
0007| ensuing general election.
|
0008| 1. ___________ _____________ ___________ _________
|
0009| (usual (name printed (address as (city or
|
0010| signature) as registered) registered) rt. no.)
|
0011| 2. ___________ _____________ ___________ _________
|
0012| (usual (name printed (address as (city or
|
0013| signature) as registered) registered) rt. no.)".
|
0014| [C.] E. The secretary of state shall furnish to
|
0015| each county clerk a sample of the nominating petition form, a
|
0016| copy of which shall be made available by the county clerk upon
|
0017| request of any candidate as provided by the Election Code.
|
0018| [D. The signature of the voter shall not be counted
|
unless the entire line is filled out in full and is upon the
|
form prescribed by this section.
|
E.] F. When more than one sheet is required for a
|
0022| petition, each of the sheets shall be in the form prescribed by
|
0023| this section, and all sheets shall be firmly secured by a
|
0024| staple or other suitable fastening."
|
0025| Section 21. Section 1-12-7 NMSA 1978 (being Laws 1969,
|
0001| Chapter 240, Section 246, as amended by Laws 1993, Chapter 314,
|
0002| Section 54 and also by Laws 1993, Chapter 316, Section 54) is
|
0003| amended to read:
|
0004| "1-12-7. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO
|
0005| VOTE.--
|
0006| A. No person shall vote in any primary, general or
|
0007| statewide special election unless he is a voter of the precinct
|
0008| in which he offers to vote. A valid original certificate of
|
0009| registration in the county register is prima facie evidence of
|
0010| being a voter in the precinct.
|
0011| B. No person shall vote in any primary election whose
|
0012| party affiliation is not designated on his original certificate
|
0013| of registration.
|
0014| [C. No voter at any primary election shall be
|
permitted to vote for the candidate of any party other than the
|
party designated on his original certificate of registration at
|
the time the governor issues the primary election proclamation.
|
D. No person shall vote in any primary, general or
|
statewide special election whose name and certificate of
|
registration number appears on the list of voters purged from
|
the rolls. The list shall be placed with the signature rosters
|
and delivered to the polls with the other election supplies by
|
the county clerk and shall consist of those voters in the
|
precinct purged since the last preceding general election.]"
|
0025| Section 22. Section 1-15-23 NMSA 1978 (being Laws 1969,
|
0001| Chapter 240, Section 373) is amended to read:
|
0002| "1-15-23. EXPIRING TERM AND NEXT SUCCEEDING TERM [--
|
BALLOT--WRITE-IN]. [A.] If the same individual is a
|
0004| candidate at a general election for both the expiring term and
|
0005| the next succeeding term, his name shall appear but once on the
|
0006| ballot, and the name of the office, followed by the words,
|
0007| "full and expiring terms".
|
0008| [B. Provisions shall be made in the general election
|
to permit any voter to write in a separate name for the
|
expiring term and a separate name for the next succeeding term.
|
A voter may write in the name of any candidate he chooses for
|
either term, and such vote shall be valid and counted even
|
though the candidate's name is printed on the paper ballot or
|
ballot label.]"
|
0015| Section 23. Section 1-22-2 NMSA 1978 (being Laws 1985,
|
0016| Chapter 168, Section 4, as amended) is amended to read:
|
0017| "1-22-2. DEFINITIONS.--As used in the School Election
|
0018| Law:
|
0019| A. "board" means the governing authority of the local
|
0020| school district;
|
0021| B. "county clerk" means the clerk of each county in
|
0022| which the school district is situate;
|
0023| C. "proper filing officer" means the county clerk or,
|
0024| in the case of a multicounty school district, the clerk of the
|
0025| county in which the administrative office of the school
|
0001| district is situate;
|
0002| D. "magistrate" means the magistrate whose office is
|
0003| situated in the municipality where the administrative office of
|
0004| the school district is located or in close proximity to the
|
0005| municipality;
|
0006| E. "school district election" means [any] a
|
0007| regular or special school district election [except] but
|
0008| does not include a recall election; and
|
0009| F. "superintendent" means the superintendent of
|
0010| schools of the local school district."
|
0011| Section 24. Section 1-22-7 NMSA 1978 (being Laws 1985,
|
0012| Chapter 168, Section 9) is amended to read:
|
0013| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.-
|
0014| -
|
0015| A. [A declaration of candidacy for membership on the
|
board to] A candidate for a school board position that will
|
0017| be filled at a regular school district election shall [be
|
filed] file a declaration of candidacy with the proper
|
0019| filing officer during the period commencing at 9:00 a.m. on the
|
0020| third Tuesday in December of the even-numbered year immediately
|
0021| preceding the date of the regular school district election and
|
0022| ending at 5:00 p.m. on the same day.
|
0023| B. [A declaration of candidacy for membership on the
|
board to] A candidate for a school board position that will
|
0025| be filled at a special school district election shall [be
|
filed] file a declaration of candidacy with the proper
|
0002| filing officer during the period commencing at 9:00 a.m. on the
|
0003| forty-eighth day before the election and ending at 5:00 p.m. on
|
0004| the same day.
|
0005| C. A candidate shall file for only one school board
|
0006| position during each filing period.
|
0007| [C. Any person knowingly making] D. A person who
|
0008| knowingly makes a false statement in his declaration of
|
0009| candidacy is guilty of a fourth degree felony and shall be
|
0010| sentenced pursuant to the provisions of Section 31-18-15 NMSA
|
0011| 1978."
|
0012| Section 25. Section 1-22-19 NMSA 1978 (being Laws 1985,
|
0013| Chapter 168, Section 21, as amended) is amended to read:
|
0014| "1-22-19. ABSENTEE VOTING.--
|
0015| A. [Any registered qualified elector of the school
|
district who cannot be present at his precinct polling place on
|
the day of the school district election because of illness,
|
injury or disability; who will be absent from his school
|
district of residence because his duties, occupation, business
|
or vacation requires him to be elsewhere; or who cannot attend
|
his precinct polling place because of the tenets of his
|
religion] A voter may vote in a school district election
|
0023| by absentee ballot for all candidates and on all questions
|
0024| appearing on the ballot [at the election] in his precinct
|
0025| as if he were [able to cast] casting his ballot in person
|
0001| at the [precinct] polling place on election day.
|
0002| B. The provisions of the Absent Voter Act of the
|
0003| Election Code apply to absentee voting in school district
|
0004| elections, provided that absentee ballots may be marked in
|
0005| person during the regular hours and days of business at the
|
0006| county clerk's office from 8:00 a.m. on the twenty-fifth day
|
0007| preceding the election until 5:00 p.m. on the Friday
|
0008| immediately prior to the date of the election. Absentee
|
0009| ballots shall be printed at least thirty days prior to the date
|
0010| of the election.
|
0011| C. A voter may vote early in a school district
|
0012| election as provided by the Early Voter Act for all candidates
|
0013| and on all questions appearing on the ballot in his precinct as
|
0014| if he were casting his ballot in person at the polling place on
|
0015| election day.
|
0016| [C.] D. A regular precinct board may be
|
0017| designated to serve as the absent voter precinct board,
|
0018| [Members] the early voter precinct board or both. A member
|
0019| of the absent voter precinct board or the early voter precinct
|
0020| board shall receive the same compensation as [other] a
|
0021| regular precinct board [members, but in no case shall]
|
0022| member. A regular precinct board member who also serves as
|
0023| a member of the absent voter precinct board or early voter
|
0024| precinct board shall not be entitled to extra compensation for
|
0025| serving on [the absent voter precinct] more than one
|
0001| board."
|
0002| Section 26. REPEAL.--Sections 1-8-36.1, 1-12-19.1 and
|
0003| 1-12-47 NMSA 1978 (being Laws 1981, Chapter 156, Sections 1 and
|
0004| 2 and Laws 1977, Chapter 222, Section 50, as amended) are
|
0005| repealed.
|
0006| State of New Mexico
|
0007| House of Representatives
|
0008|
|
0009| FORTY-THIRD LEGISLATURE
|
0010| FIRST SESSION, 1997
|
0011|
|
0012|
|
0013| March 8, 1997
|
0014|
|
0015|
|
0016| Mr. Speaker:
|
0017|
|
0018| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
|
0019| been referred
|
0020|
|
0021| HOUSE BILL 865
|
0022|
|
0023| has had it under consideration and reports same with
|
0024| recommendation that it DO NOT PASS, but that
|
0025|
|
0001| HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE
|
0002| FOR HOUSE BILL 865
|
0003|
|
0004| DO PASS, and thence referred to the APPROPRIATIONS
|
0005| AND FINANCE COMMITTEE.
|
0006|
|
0007|
|
0008| Respectfully submitted,
|
0009|
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| Edward C. Sandoval, Chairman
|
0016|
|
0017|
|
0018| Adopted
|
0019| Not Adopted
|
0020| (Chief Clerk)
|
0021|
|
0022| (Chief Clerk)
|
0023|
|
0024| Date
|
0025|
|
0001| The roll call vote was 7 For 3 Against
|
0002| Yes: 7
|
0003| No: Bird, Buffett, Lutz
|
0004| Excused: Nicely, Sanchez
|
0005| Absent: None
|
0006|
|
0007| G:\BILLTEXT\BILLW_97\H0865 HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR
|
0008| HOUSE BILL 865
|
0009| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
|
0015|
|
0016|
|
0017| AN ACT
|
0018| RELATING TO ELECTIONS; EXPANDING THE ABSENT VOTER ACT AND
|
0019| REPEALING THE ABSENTEE-EARLY VOTER ACT; CLARIFYING FILING
|
0020| REQUIREMENTS FOR COUNTY OFFICE CANDIDATES; CLARIFYING
|
0021| NOMINATING PETITION SIGNATURE REQUIREMENTS; ELIMINATING THE
|
0022| OPTION OF WRITE-IN CANDIDACIES DURING A PRIMARY OR GENERAL
|
0023| ELECTION; PRESCRIBING CERTAIN ELECTION FORMS; AMENDING,
|
0024| REPEALING AND ENACTING SECTIONS OF THE ELECTION CODE.
|
0025|
|
0001| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0002| Section 1. Section 1-6-2 NMSA 1978 (being Laws 1987,
|
0003| Chapter 327, Section 6, as amended) is amended to read:
|
0004| "1-6-2. DEFINITIONS.--As used in the Absent Voter Act:
|
0005| A. "absent uniformed services voter" means:
|
0006| (1) a member of a uniformed service on active
|
0007| duty who, by reason of such active duty, is absent from the
|
0008| place of residence where the member is otherwise qualified to
|
0009| vote;
|
0010| (2) a member of the merchant marine who, by
|
0011| reason of service in the merchant marine, is absent from the
|
0012| place of residence where the member is otherwise qualified to
|
0013| vote; or
|
0014| (3) a spouse or dependent of a member referred
|
0015| to in Paragraphs (1) and (2) of this subsection who, by reason
|
0016| of the active duty or service of the member, is absent from the
|
0017| place of residence where the spouse or dependent is otherwise
|
0018| qualified to vote;
|
0019| B. "election" means any statewide election, general
|
0020| election, primary election or special election to fill
|
0021| vacancies in the office of United States representative and
|
0022| regular or special school district elections [except as
|
modified by the school election law];
|
0024| C. "electronic ballot" means a paper ballot or ballot
|
0025| face designed to be used on an electronic voting machine to
|
0001| cast votes;
|
0002| D. "electronic voting machine" means a computer-
|
0003| controlled machine designed to electronically record and
|
0004| tabulate votes cast;
|
0005| [C.] E. "federal office" means the office of
|
0006| president, vice president or [of a] senator or representative
|
0007| in congress;
|
0008| [D.] F. "federal qualified elector" means:
|
0009| (1) an absent uniformed services voter; or
|
0010| (2) an absent uniformed [service] services
|
0011| voter who, by reason of active duty or service, is absent from
|
0012| the United States on the date of the election involved;
|
0013| [E. "marksense ballot" means a paper ballot card
|
used on an optical-scan vote-tabulating machine;
|
F.] G. "member of the merchant marine" means an
|
0016| individual other than a member of a uniformed service or an
|
0017| individual employed, enrolled or maintained on the Great Lakes or
|
0018| the inland waterways who:
|
0019| (1) is employed as an officer or crew member of a
|
0020| vessel documented under the laws of the United States, a vessel
|
0021| owned by the United States or a vessel of a foreign-flag registry
|
0022| under charter to or control of the United States; or
|
0023| (2) is enrolled with the United States for
|
0024| employment or training for employment or maintained by the United
|
0025| States for emergency relief service as an officer or crew member
|
0001| of any such vessel;
|
0002| [G.] H. "overseas voter" means:
|
0003| (1) a person who resides outside the United States
|
0004| and is qualified to vote in the last place in which the person was
|
0005| domiciled before leaving the United States; or
|
0006| (2) a person who resides outside the United States
|
0007| and, but for such residence, would be qualified to vote in the
|
0008| last place in which the person was domiciled before leaving the
|
0009| United States; and
|
0010| [H.] I. "uniformed services" means the army, navy,
|
0011| air force, marine corps and coast guard and the commissioned corps
|
0012| of the national oceanic and atmospheric administration."
|
0013| Section 2. Section 1-6-3 NMSA 1978 (being Laws 1969, Chapter
|
0014| 240, Section 129, as amended by Laws 1993, Chapter 19, Section 1
|
0015| and also by Laws 1993, Chapter 21, Section 1) is amended to read:
|
0016| "1-6-3. RIGHT TO VOTE BY ABSENTEE BALLOT[--RIGHT TO
|
VOTE].--
|
0018| A. Any voter may vote by absentee ballot for all
|
0019| candidates and on all questions appearing on the ballot [at his
|
precinct poll] as if he were able to cast his ballot in person at
|
0021| [the precinct poll] his regular polling place on election day.
|
0022| B. Any federal qualified elector may register absentee
|
0023| and vote by an absentee ballot for any federal office."
|
0024| Section 3. Section 1-6-4 NMSA 1978 (being Laws 1969, Chapter
|
0025| 240, Section 130, as amended by Laws 1993, Chapter 19, Section 2
|
0001| and by Laws 1993, Chapter 20, Section 1 and by Laws 1993, Chapter
|
0002| 21, Section 2 and by Laws 1993, Chapter 314, Section 42 and also
|
0003| by Laws 1993, Chapter 316, Section 42) is amended to read:
|
0004| "1-6-4. ABSENTEE BALLOT APPLICATION.--
|
0005| A. Application by a federal qualified elector for an
|
0006| absentee ballot shall be made on the official postcard form
|
0007| prescribed or authorized by the federal government to the county
|
0008| clerk of the county of his residence.
|
0009| B. Application by a voter for an absentee ballot shall
|
0010| be made only on a form prescribed, printed and furnished by the
|
0011| secretary of state to the county clerk of the county in which
|
0012| [he] the voter resides. The form shall identify the applicant
|
0013| and contain information to establish his qualification for
|
0014| issuance of an absentee ballot under the Absent Voter Act.
|
0015| C. Each application for an absentee ballot shall be
|
0016| subscribed by the applicant."
|
0017| Section 4. Section 1-6-4.1 NMSA 1978 (being Laws 1987,
|
0018| Chapter 327, Section 9) is amended to read:
|
0019| "1-6-4.1. FEDERAL WRITE-IN ABSENTEE BALLOT FOR OVERSEAS
|
0020| VOTERS IN GENERAL ELECTIONS FOR FEDERAL OFFICES.--
|
0021| A. Except as provided in Subsection C of this section, a
|
0022| federal write-in absentee ballot for federal offices in a general
|
0023| election shall be processed in the same manner as provided by law
|
0024| for other absentee ballots.
|
0025| B. In completing the ballot, the overseas voter may
|
0001| designate a candidate by writing in the name of the candidate or
|
0002| by writing in the name of a political party, in which case the
|
0003| ballot shall be counted for all candidates of that political party
|
0004| for federal office. Any abbreviation, misspelling or other minor
|
0005| variation in the form of the name of a candidate or a political
|
0006| party shall be disregarded in determining the validity of the
|
0007| ballot if the intention of the overseas voter can be ascertained.
|
0008| C. A federal write-in absentee ballot of an overseas
|
0009| voter shall not be counted if:
|
0010| (1) the ballot is submitted from any location in
|
0011| the United States;
|
0012| (2) the application of the overseas voter for [a
|
New Mexico] an absentee ballot is received by the county clerk
|
0014| less than thirty days before the election; or
|
0015| (3) the [New Mexico] absentee ballot of the
|
0016| overseas voter is received by the county clerk later than
|
0017| [seven] 7:00 p.m. on election day."
|
0018| Section 5. Section 1-6-5 NMSA 1978 (being Laws 1969, Chapter
|
0019| 240, Section 131, as amended by Laws 1993, Chapter 314, Section 43
|
0020| and also by Laws 1993, Chapter 316, Section 43) is amended to
|
0021| read:
|
0022| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF
|
0023| BALLOT [MAKING] MARKING AND DELIVERY OF BALLOT IN PERSON.--
|
0024| A. The county clerk shall mark each completed absentee
|
0025| ballot application with the date and time of receipt in the
|
0001| clerk's office and enter the required information in the absentee
|
0002| ballot register. The county clerk shall then determine if the
|
0003| applicant is a voter, an absent uniformed services voter or an
|
0004| overseas voter.
|
0005| B. If the applicant has no valid certificate of
|
0006| registration on file in the county and he is not a federal
|
0007| qualified elector or if the applicant states he is a federal
|
0008| qualified elector but his application indicates he is not a
|
0009| federal qualified elector, no absentee ballot shall be issued.
|
0010| [and] The county clerk shall mark the application "rejected" and
|
0011| file the application in a separate file from those accepted.
|
0012| C. The county clerk shall notify in writing each
|
0013| applicant of the fact of acceptance or rejection of his
|
0014| application and, if rejected, shall explain why the application
|
0015| was rejected.
|
0016| D. If the county clerk finds that the applicant is
|
0017| [determined to be] a voter or a federal qualified elector, the
|
0018| county clerk shall mark the application "accepted" and deliver an
|
0019| absentee ballot to the voter in the county clerk's office or mail
|
0020| to the applicant an absentee ballot and the required envelopes for
|
0021| use in returning the ballot. Acceptance of an application of a
|
0022| federal qualified elector constitutes registration for the
|
0023| election in which the ballot is to be cast. Acceptance of an
|
0024| application from an overseas voter who is not an absent uniformed
|
0025| services voter constitutes a request for changing information on
|
0001| the certificate of registration of any such voter. No absent
|
0002| voter shall be permitted to change his party affiliation during
|
0003| those periods when change of party affiliation is prohibited by
|
0004| the Election Code. Upon delivery of an absentee ballot to a
|
0005| voter in the county clerk's office or mailing of an absentee
|
0006| ballot to any applicant who is a voter, an appropriate designation
|
0007| shall be made on the signature line of the signature roster next
|
0008| to the name of the [person] voter who has been
|
0009| [sent] provided or mailed an absentee ballot.
|
0010| E. If an application for an absentee ballot is delivered
|
0011| in person to the county clerk and is accepted, the county clerk
|
0012| shall [deliver the] provide the voter an absentee ballot and
|
0013| it shall be marked by the applicant in a voting booth of a type
|
0014| prescribed by the secretary of state [in the courthouse], sealed
|
0015| in the proper envelopes and otherwise properly executed and
|
0016| returned to the county clerk or his authorized representative
|
0017| before the [applicant] voter leaves the office of the county
|
0018| clerk. The act of marking the absentee ballot in the office of
|
0019| the county clerk shall be a convenience to the voter in the
|
0020| delivery of the absentee ballot and does not make the office of
|
0021| the county clerk a polling place subject to the requirements of a
|
0022| polling place in the Election Code other than is provided in this
|
0023| subsection. It shall be unlawful to solicit votes, display or
|
0024| otherwise make accessible any posters, signs or other forms of
|
0025| campaign literature whatsoever in the clerk's office. Absentee
|
0001| ballots may be marked in person during the regular hours and days
|
0002| of business at the county clerk's office from 8:00 a.m. on the
|
0003| fortieth day preceding the election up until 5:00 p.m. on the
|
0004| Saturday immediately prior to the date of the election.
|
0005| F. Commencing with the twentieth day prior to an
|
0006| election, an absent voter may vote in person at the county clerk's
|
0007| office or on an electronic voting machine at an alternate location
|
0008| established by the county clerk. In class A counties, the county
|
0009| clerk shall establish not less than four alternate locations as a
|
0010| convenience to the voters. Absentee voting may be done at the
|
0011| county clerk's office or alternate location during the regular
|
0012| hours of business from 8:00 a.m. on the twentieth day prior to the
|
0013| election until 5:00 p.m. on the Saturday immediately prior to the
|
0014| election. The county clerk shall ensure that procedures
|
0015| established for processing an absent voter application and for
|
0016| voting by absentee ballot are complied with at an alternate
|
0017| location.
|
0018| G. In marking the absentee ballot, the voter may be
|
0019| assisted by one person of the voter's [own] choice [upon the
|
execution with the county clerk of an affidavit for assistance
|
stating therein that the voter meets at least one of the
|
conditions for receiving such assistance as is set forth by the
|
provisions of Section 1-12-12 NMSA 1978].
|
0024| [F.] H. Absentee ballots shall be air mailed to
|
0025| applicants temporarily domiciled inside or outside the continental
|
0001| limits of the United States not later than on the Thursday
|
0002| immediately prior to the date of the election.
|
0003| [G.] I. No absentee ballot shall be delivered or
|
0004| mailed by the county clerk to any person other than the
|
0005| applicant for such ballot.
|
0006| [H.] J. The county clerk shall accept and process
|
0007| with respect to a primary or general election for any federal
|
0008| office, any otherwise valid voter registration application from an
|
0009| absent uniformed services voter or overseas voter if the
|
0010| application is received not less than thirty days before the
|
0011| election. The county clerk shall also accept and process federal
|
0012| write-in absentee ballots from overseas voters in general
|
0013| elections for federal offices in accordance with the provisions of
|
0014| Section 103 of the federal Uniformed and Overseas Citizens
|
0015| Absentee Voting Act.
|
0016| K. The secretary of state and each county clerk shall
|
0017| make reasonable efforts to publicize and inform voters of the
|
0018| times and locations for absentee voting."
|
0019| Section 6. A new section of the Absent Voter Act is enacted
|
0020| to read:
|
0021| "[NEW MATERIAL] PREPARATION OF ELECTRONIC VOTING
|
0022| MACHINES.--
|
0023| A. Five days before an electronic voting machine is used
|
0024| for absentee voting as provided in Section 1-6-9.1 NMSA 1978, the
|
0025| county clerk may begin to prepare, inspect and seal the voting
|
0001| machine in accordance with the specifications for electronic
|
0002| voting machines adopted by the secretary of state.
|
0003| B. One day before any electronic voting machine is used
|
0004| for absentee voting, the county clerk shall certify to the
|
0005| secretary of state and all county party chairmen the type and
|
0006| serial number of each voting machine to be used."
|
0007| Section 7. Section 1-6-5.2 NMSA 1978 (being Laws 1991,
|
0008| Chapter 105, Section 11) is amended to read:
|
0009| "1-6-5.2. SECRETARY OF STATE--EMERGENCY AUTHORITY. [Because
|
of the activation of the New Mexico national guard and reserve
|
units and the call to active duty of many individual reservists
|
for military duty overseas and in order to prevent such citizens
|
from being technically disenfranchised] The secretary of state
|
0014| shall have emergency authority to prescribe by regulation:
|
0015| A. procedures to accommodate the special absentee
|
0016| ballot requirements brought on by [operation desert storm in
|
providing absentee ballots] activation of the New Mexico
|
0018| national guard and reserve units or for individuals who are
|
0019| overseas voters;
|
0020| B. provisions for a special write-in absentee ballot
|
0021| available at least ninety days prior to an election to cover
|
0022| candidates for federal [and state] offices; and
|
0023| C. provisions to allow one absentee ballot request to
|
0024| cover the automatic mailing of absentee ballots for each primary,
|
0025| general or statewide election during the same election year."
|
0001| Section 8. Section 1-6-6 NMSA 1978 (being Laws 1969, Chapter
|
0002| 240, Section 132, as amended) is amended to read:
|
0003| "1-6-6. ABSENTEE BALLOT REGISTER.--
|
0004| A. For each election, the county clerk shall keep an
|
0005| "absentee ballot register", in which he shall enter:
|
0006| (1) the name and [county] address of each
|
0007| absentee ballot applicant;
|
0008| (2) the date and time of receipt of the
|
0009| application;
|
0010| (3) whether the application was accepted or
|
0011| rejected;
|
0012| (4) the date of delivery of an absentee ballot in
|
0013| the county clerk's office or at an alternate location or the
|
0014| mailing of an absentee ballot to the applicant;
|
0015| (5) the applicant's precinct;
|
0016| (6) whether the applicant is a voter, a federal
|
0017| voter, a federal qualified elector or an overseas citizen voter;
|
0018| and
|
0019| (7) the date and time the completed absentee
|
0020| ballot was received from the applicant by the county clerk, or
|
0021| the absent voter voted in the county clerk's office or at an
|
0022| alternate location.
|
0023| B. Within twenty-four hours after receipt of a voter's
|
0024| application for an absentee ballot, the county clerk shall mail
|
0025| either the ballot or a notice of rejection to the applicant.
|
0001| C. The absentee ballot register is a public record open
|
0002| to public inspection in the county clerk's office during regular
|
0003| office hours.
|
0004| D. The county clerk shall deliver to the [absentee]
|
0005| absent voter precinct board on election day a complete list of
|
0006| all absentee ballot applicants with applicable information shown
|
0007| in the absentee ballot register for each applicant up to noon of
|
0008| the day preceding the election. The county clerk shall deliver a
|
0009| signature roster containing the same information as the lists to
|
0010| the [absentee] absent voter precinct board.
|
0011| E. The county clerk shall transmit to the secretary of
|
0012| state and to the county chairman of each of the major political
|
0013| parties in the county a complete copy of entries made in the
|
0014| absentee ballot register. Such transmissions shall be made once
|
0015| each week beginning four weeks immediately prior to the election.
|
0016| A final copy shall be transmitted on the Friday immediately
|
0017| following the election."
|
0018| Section 9. Section 1-6-7 NMSA 1978 (being Laws 1969, Chapter
|
0019| 240, Section 133, as amended) is amended to read:
|
0020| "1-6-7. FORM OF ABSENTEE BALLOT.--As soon as candidates and
|
0021| questions to be voted upon have been determined for each election,
|
0022| the county clerk shall procure a supply of suitable absentee
|
0023| ballots. The absentee [ballot] ballots shall be numbered and
|
0024| shall be, as nearly as practicable, in the same form as prescribed
|
0025| by the secretary of state for emergency ballots. However, to
|
0001| reduce weight and bulk for transport of absentee ballots, the size
|
0002| and weight of the paper for envelopes, ballots and instructions
|
0003| shall be reduced as much as possible. Absentee ballots shall be
|
0004| printed at least forty days prior to the date of a primary
|
0005| election and forty-nine days prior to the date of a general
|
0006| election. Absentee ballots for any other election shall be
|
0007| printed at least thirty-five days prior to the date of the
|
0008| election."
|
0009| Section 10. Section 1-6-8 NMSA 1978 (being Laws 1969,
|
0010| Chapter 240, Section 134, as amended) is amended to read:
|
0011| "1-6-8. ABSENTEE BALLOT ENVELOPES.--
|
0012| A. The secretary of state shall prescribe the form of,
|
0013| procure and distribute to each county clerk a supply of:
|
0014| (1) official inner envelopes for use in sealing the
|
0015| completed absentee ballot;
|
0016| (2) official mailing envelopes for use in returning
|
0017| the official inner envelope to the county clerk;
|
0018| (3) absentee ballot instructions, describing proper
|
0019| methods for completion of the absentee ballot and returning it;
|
0020| and
|
0021| (4) official transmittal envelopes for use by the
|
0022| county clerk in mailing absentee ballot materials.
|
0023| B. Official transmittal envelopes and official mailing
|
0024| envelopes for transmission of absentee ballot materials to and
|
0025| from the county clerk and federal qualified electors shall be
|
0001| printed in red in the form prescribed by the federal Uniformed and
|
0002| Overseas Citizens Absentee Voting Act. Official transmittal
|
0003| envelopes and official mailing envelopes for transmission of
|
0004| absentee ballot materials to and from the county clerk and voters
|
0005| shall be printed in black in substantially similar form. All
|
0006| official inner envelopes shall be printed in black.
|
0007| C. The reverse of each official mailing envelope shall
|
0008| contain a form to be executed by the person completing the
|
0009| absentee ballot. The form shall identify the [person] voter
|
0010| and shall contain the following statement: "I will not vote in
|
0011| this election other than by the enclosed ballot. I will not
|
0012| receive or offer any compensation or reward for giving or
|
0013| withholding any vote."."
|
0014| Section 11. Section 1-6-9 NMSA 1978 (being Laws 1969,
|
0015| Chapter 240, Section 135, as amended) is amended to read:
|
0016| "1-6-9. MANNER OF VOTING BY ABSENTEE BALLOT.--
|
0017| A. Any person voting under provisions of the Absent
|
0018| Voter Act shall secretly mark his absentee ballot in the manner
|
0019| provided in the Election Code for marking emergency paper ballots,
|
0020| place it in the official inner envelope and securely seal the
|
0021| envelope. The voter shall then place the official inner envelope
|
0022| inside the official mailing envelope and securely seal the
|
0023| envelope. The voter shall then complete the form on the reverse
|
0024| of the official mailing envelope, which shall include an
|
0025| affirmation by the voter under penalty of perjury that the facts
|
0001| stated in the form are true.
|
0002| B. Federal qualified electors shall either deliver or
|
0003| mail the official mailing envelope to the county clerk of their
|
0004| county of residence or deliver it to a person designated by
|
0005| federal authority to receive executed ballots for transmission to
|
0006| the county clerk of the county of residence or former residence as
|
0007| the case may be. Voters shall either deliver or mail the official
|
0008| mailing envelope to the county clerk of their county of
|
0009| residence."
|
0010| Section 12. Section 1-6-9.1 NMSA 1978 (being Laws 1991,
|
0011| Chapter 105, Section 13, as amended) is amended to read:
|
0012| "1-6-9.1. [USING THE MARKSENSE] VOTING BY ELECTRONIC
|
0013| BALLOT. [Any person] An absent voter voting on [the
|
marksense] an electronic ballot shall secretly mark the ballot
|
0015| [by completing the arrow ( ) ( ) in pencil directly to the
|
right of the candidate's name or the proposed question. The voter
|
shall then place the marked ballot in the official inner envelope
|
and securely seal the envelope and then place the official inner
|
envelope inside the official mailing envelope and securely seal
|
the envelope. The voter shall then complete the form on the
|
reverse of the official mailing envelope] in accordance with the
|
0022| instructions on that ballot, and any votes cast shall be recorded
|
0023| on an electronic voting machine.
|
0024| Section 13. Section 1-6-10 NMSA 1978 (being Laws 1969,
|
0025| Chapter 240, Section 136, as amended) is amended to read:
|
0001| "1-6-10. RECEIPT OF ABSENTEE BALLOTS BY CLERK.--
|
0002| A. The county clerk shall mark on each completed
|
0003| official mailing envelope the date and time of receipt in the
|
0004| clerk's office, record this information in the absentee ballot
|
0005| register and safely keep the official mailing envelope unopened in
|
0006| a locked ballot box, except as provided in Subsection H of
|
0007| Section 1-6-14 NMSA 1978, until it is delivered on election day
|
0008| to the proper absent voter precinct board or until it is
|
0009| canceled and destroyed in accordance with law.
|
0010| B. The county clerk shall accept completed official
|
0011| mailing envelopes until 7:00 p.m. on election day. Any completed
|
0012| official mailing envelope received after that time shall not be
|
0013| delivered to a precinct board but shall be preserved by the county
|
0014| clerk until the time for election contests has expired. In the
|
0015| absence of a restraining order after expiration of the time for
|
0016| election contests, the county clerk shall destroy all late
|
0017| official mailing envelopes without opening or permitting the
|
0018| contents to be examined, cast, counted or canvassed. Before their
|
0019| destruction, the county clerk shall count the numbers of late
|
0020| absentee ballots from voters, federal voters, overseas citizen
|
0021| voters and federal qualified electors and report the number from
|
0022| each category to the secretary of state.
|
0023| C. At 5:00 p.m. on the Monday immediately preceding the
|
0024| date of election, the county clerk shall record the numbers of the
|
0025| unused absentee ballots and shall publicly destroy in the county
|
0001| clerk's office all such unused ballots. The county clerk shall
|
0002| execute a certificate of [such] destruction, which shall include
|
0003| the numbers on the absentee ballots destroyed. A copy of the
|
0004| certificate of destruction shall be sent to the secretary of
|
0005| state."
|
0006| Section 14. Section 1-6-11 NMSA 1978 (being Laws 1969,
|
0007| Chapter 240, Section 137, as amended) is amended to read:
|
0008| "1-6-11. DELIVERY OF ABSENTEE BALLOTS TO ABSENT VOTER
|
0009| PRECINCTS.--
|
0010| A. On election day, the county clerk shall deliver the
|
0011| absentee ballots received by him prior to 7:00 p.m. on election
|
0012| day to the special deputy county clerks for delivery to the absent
|
0013| voter precinct boards. The absentee ballots for each absent voter
|
0014| precinct shall be separately wrapped, and the special deputy
|
0015| county clerk shall receipt for all ballots taken by him for the
|
0016| county clerk. Upon delivery of the absentee ballots to the absent
|
0017| voter precinct board, the special deputy county clerk shall remain
|
0018| in the polling place of the absent voter precinct until he has
|
0019| observed the opening of the official mailing envelope, the deposit
|
0020| of the ballot in the locked ballot box and the listing of the
|
0021| names on the official mailing envelope in the signature rosters.
|
0022| Upon such delivery of absentee ballots, the special deputy county
|
0023| clerk shall obtain a receipt executed by the presiding judge and
|
0024| each election judge and he shall return such receipt to the county
|
0025| clerk for filing. The receipts shall specify the number of
|
0001| envelopes received by the special deputy county clerk from the
|
0002| county clerk for each absent voter precinct and the number of
|
0003| envelopes received by the absent voter precinct board from the
|
0004| special deputy county clerk.
|
0005| B. At 7:00 a.m. on election day the county clerk shall
|
0006| deliver any electronic voting machine used for absentee voting to
|
0007| the absent voter precinct board. A special deputy county clerk
|
0008| shall issue a receipt for the voting machine. Upon delivery of
|
0009| any voting machine, the special deputy shall obtain a receipt
|
0010| executed by the presiding judge and each election judge specifying
|
0011| the serial number of the machine and the number of votes recorded
|
0012| on the machine, and he shall return the receipt to the county
|
0013| clerk for filing. Thereafter, the absent voter precinct board
|
0014| shall proceed as specified in Sections 1-6-1 through 1-6-25 NMSA
|
0015| 1978."
|
0016| Section 15. Section 1-6-14 NMSA 1978 (being Laws 1971,
|
0017| Chapter 317, Section 11, as amended) is amended to read:
|
0018| "1-6-14. HANDLING ABSENTEE BALLOTS BY ABSENT VOTER PRECINCT
|
0019| BOARDS.--
|
0020| A. Before opening any official mailing envelope, the
|
0021| presiding election judge and the election judges shall determine
|
0022| that the required information has been completed on the reverse
|
0023| side of the official mailing envelope.
|
0024| B. If the voter's signature is missing, the presiding
|
0025| election judge shall write "Rejected" on the front of the
|
0001| official mailing envelope. The election clerks shall enter the
|
0002| voter's name in the signature rosters and shall write the notation
|
0003| "Rejected--Missing Signature" in the "Notations" column of the
|
0004| signature rosters. The presiding election judge shall place the
|
0005| official mailing envelope unopened in an envelope provided for
|
0006| rejected ballots, seal the envelope and write the voter's name on
|
0007| the front of the envelope and deposit it in the locked ballot box.
|
0008| C. The accredited challengers may examine the official
|
0009| mailing envelope and may challenge the ballot of any absent voter
|
0010| for the following reasons:
|
0011| (1) the official mailing envelope has been opened
|
0012| prior to being received by the absent voter precinct board; or
|
0013| (2) the person offering to vote is not a federal
|
0014| voter, federal qualified elector, overseas citizen voter or voter
|
0015| as provided in the Election Code.
|
0016| Upon the challenge of an absentee ballot, the election judges
|
0017| and the presiding election judge shall follow the same procedure
|
0018| as when ballots are challenged when a person attempts to vote in
|
0019| person. If a challenge is upheld, the official mailing envelope
|
0020| shall not be opened but shall be placed in an envelope provided
|
0021| for challenged ballots. The same procedure shall be followed in
|
0022| canvassing and determining the validity of challenged absentee
|
0023| ballots as with other challenged ballots.
|
0024| D. If the official mailing envelopes have been properly
|
0025| subscribed and the voters have not been challenged:
|
0001| (1) the election judges shall open the official
|
0002| mailing envelopes and deposit the ballots in their still-sealed
|
0003| official inner envelopes in the locked ballot box; and
|
0004|
|
0005| (2) the election clerks shall enter the absent
|
0006| voter's name and residence address as shown on the official
|
0007| mailing envelope in the signature rosters and shall mark the
|
0008| notation "AB" opposite the voter's name in the "Notations" column
|
0009| of the signature rosters.
|
0010| E. Prior to the closing of the polls, the election
|
0011| judges and the presiding election judge may either remove the
|
0012| absentee ballots from the official inner envelopes and count and
|
0013| tally the results of absentee balloting or, under the personal
|
0014| supervision of the presiding election judge and one election
|
0015| judge from each party, [register the results of each absentee
|
ballot on a] count and tally the absentee ballots on an
|
0017| electronic voting machine the same as if the absent voter had
|
0018| been present and voted in person. It [shall be] is unlawful
|
0019| for any person to disclose the results of [such] a count and
|
0020| tally [or such registration on a voting machine] of absentee
|
0021| ballots prior to the closing of the polls.
|
0022| F. Absentee ballots shall be counted and tallied [or
|
registered] on [a lever voting machine or] an electronic voting
|
0024| machine as provided in the Election Code [provided that any
|
county with a population in excess of one hundred thousand shall
|
count and tally or register absentee ballots on an electronic
|
voting machine].
|
0003| G. Absent voter precinct polls shall close at the time
|
0004| prescribed by the Election Code for other polling places, and the
|
0005| results of the election shall be certified as prescribed by the
|
0006| secretary of state.
|
0007| H. The county clerk may convene the absent voter
|
0008| precinct board no more than seven days before the day of the
|
0009| election to begin processing absentee ballots; provided that the
|
0010| absent voter precinct board shall open only the official mailing
|
0011| envelopes and sort the absentee ballots by legislative district
|
0012| and shall not open any official inner envelope or count and
|
0013| canvass any absentee ballot prior to the day of the election."
|
0014| Section 16. Section 1-6-15 NMSA 1978 (being Laws 1977,
|
0015| Chapter 222, Section 13, as amended) is amended to read:
|
0016| "1-6-15. CANVASS--RECOUNT OR RECHECK--DISPOSITION. [Where
|
no] If voting machines are not used to register absentee
|
0018| ballots, [such] the absentee ballots shall be canvassed,
|
0019| recounted and disposed of in the manner provided by the Election
|
0020| Code for the canvassing, recounting and disposition of emergency
|
0021| paper ballots. [Where] If voting machines are used to register
|
0022| absentee ballots, such ballots shall be canvassed and rechecked in
|
0023| the manner provided by the Election Code for the canvassing and
|
0024| recheck of ballots cast on a voting machine; provided, in the
|
0025| event of a contest, voting machines used to register absentee
|
0001| ballots shall not be rechecked, but the absentee ballots shall be
|
0002| recounted in the manner provided by the Election Code for the
|
0003| recounting of emergency paper ballots. As used in this section,
|
0004| "voting machines" means [lever voting machines or] electronic
|
0005| voting machines as provided in the Election Code."
|
0006| Section 17. Section 1-6-16 NMSA 1978 (being Laws 1969,
|
0007| Chapter 240, Section 141, as amended by Laws 1989, Chapter 368,
|
0008| Section 2 and also by Laws 1989, Chapter 392, Section 15) is
|
0009| amended to read:
|
0010| "1-6-16. VOTING IN PERSON PROHIBITED.--
|
0011| A. Except as provided in Section 1-6-16.1 NMSA 1978, no
|
0012| person who has been issued an [absent voter] absentee ballot
|
0013| shall vote in person at his precinct poll.
|
0014| B. At any time prior to 5:00 p.m. on the Monday
|
0015| immediately preceding the date of the election, any person whose
|
0016| absentee ballot application has been accepted and who was mailed
|
0017| an absentee ballot but who has not received the absentee ballot
|
0018| may execute, in the office of the county clerk of the county where
|
0019| he is registered to vote, a sworn affidavit stating that he did
|
0020| not receive or vote his absentee ballot. Upon receipt of the
|
0021| sworn affidavit, the county clerk shall issue the voter a
|
0022| replacement absentee ballot.
|
0023| C. The secretary of state shall prescribe the form of
|
0024| the affidavit and the manner in which the county clerk shall void
|
0025| the first ballot mailed to the applicant."
|
0001| Section 18. Section 1-6-16.1 NMSA 1978 (being Laws 1989,
|
0002| Chapter 368, Section 1, as amended) is amended to read:
|
0003| "1-6-16.1. ABSENTEE BALLOT--CONDUCT OF ELECTION--WHEN NOT
|
0004| TIMELY RECEIVED--EMERGENCY PROCEDURE FOR VOTING AND COUNTING.--
|
0005| A. Any applicant for an absentee ballot who has not
|
0006| received [the] an absentee ballot by mail as of the date of
|
0007| the election may present himself at his assigned [precinct]
|
0008| polling place and, after executing an affidavit of nonreceipt of
|
0009| absentee ballot, shall be permitted to vote on an emergency paper
|
0010| ballot [or a marksense ballot].
|
0011| B. The completed ballot shall be placed in an official
|
0012| inner envelope substantially as prescribed by Section 1-6-8 NMSA
|
0013| 1978 and sealed. The official inner envelope shall then be placed
|
0014| in an official envelope substantially as prescribed for a
|
0015| transmittal envelope or mailing envelope in Section 1-6-8 NMSA
|
0016| 1978. This envelope shall contain a form on its back that
|
0017| identifies the voter by name and signature roster number and
|
0018| [the] a printed statement to the effect that the voter made
|
0019| application for an absentee ballot but had not received it as of
|
0020| the date of the election and is permitted to vote by emergency
|
0021| paper ballot [or a marksense ballot].
|
0022| C. The presiding election judge shall put all [such]
|
0023| absentee ballots in a special envelope provided for that purpose
|
0024| by the county clerk, seal it and return it to the county clerk
|
0025| along with the machine tally sheets. The sealed envelope shall
|
0001| not be put in the locked ballot box.
|
0002| D. Upon receipt of the envelope containing [such]
|
0003| absentee ballots, the county clerk, no later than forty-eight
|
0004| hours after the close of the election, shall remove the
|
0005| transmittal envelopes and, without removing or opening the inner
|
0006| envelopes, determine [that]:
|
0007| (1) [such] if a voter did in fact make
|
0008| application for an absentee ballot; and
|
0009| (2) [no such] if an absentee ballot was received
|
0010| by the county clerk from [the] that voter by 7:00 p.m. on
|
0011| election day.
|
0012| E. Upon making such determination, the county clerk
|
0013| shall remove the inner envelope without opening it, destroy the
|
0014| transmittal envelope and place the inner envelope in a secure
|
0015| place to be transmitted to the county canvassing board to be
|
0016| tallied and included in the canvass of that county for the
|
0017| appropriate precinct.
|
0018| F. The secretary of state shall prescribe and furnish
|
0019| the necessary envelopes for purposes of this section and shall
|
0020| adopt rules and regulations deemed necessary to preserve the
|
0021| secrecy of the [ballot] emergency paper ballots."
|
0022| Section 19. Section 1-6-16.2 NMSA 1978 (being Laws 1993,
|
0023| Chapter 353, Section 1) is amended to read:
|
0024| "1-6-16.2. ADDITIONAL EMERGENCY PROCEDURE FOR VOTING.--
|
0025| A. After the close of the period for requesting absentee
|
0001| [voter] ballots by mail, any voter who is unable to go to the
|
0002| polls due to unforeseen illness or disability resulting in his
|
0003| confinement in a hospital, sanatorium, nursing home or residence
|
0004| and who is unable to vote at his polling place, voting booth or
|
0005| voting apparatus or machinery may request in writing that an
|
0006| alternative ballot be made available to him. The written request
|
0007| shall be signed by the voter and a health care provider under
|
0008| penalty of perjury.
|
0009| B. The alternative ballot shall be made available by the
|
0010| clerk of the county in which the voter resides to any authorized
|
0011| representative of the voter who through his representative has
|
0012| presented the written request to the office of the clerk.
|
0013| C. Before releasing the alternative ballot, the county
|
0014| clerk shall compare the signature on the written request with the
|
0015| signature on the voter's affidavit of registration. If the county
|
0016| clerk determines that the signature on the written request is not
|
0017| the signature of the voter, he shall reject the request for an
|
0018| alternative ballot.
|
0019| D. The voter shall mark the alternative ballot, place it
|
0020| in an identification envelope similar to that used for absentee
|
0021| ballots, fill out and sign the envelope and return the ballot to
|
0022| the office of the clerk of the county in which the voter resides
|
0023| no later than the time of closing of the polls on election day.
|
0024| The voter's name shall be compared to the roster of voters and the
|
0025| alternative ballot shall only be counted if there is no
|
0001| signature for that voter on the roster of the precinct where that
|
0002| voter's name appears.
|
0003| E. Alternative ballots shall be processed and counted in
|
0004| the same manner as absentee ballots.
|
0005| F. The secretary of state shall prescribe the form of
|
0006| alternative ballots and shall distribute an appropriate number of
|
0007| alternative ballots to each county clerk."
|
0008| Section 20. Section 1-6-17 NMSA 1978 (being Laws 1969,
|
0009| Chapter 240, Section 142) is amended to read:
|
0010| "1-6-17. CANCELLATION OF ABSENTEE BALLOT AT DEATH.--If any
|
0011| person voting under the provisions of the Absent Voter Act dies
|
0012| after mailing or delivering his absentee ballot to the county
|
0013| clerk but before the absentee ballot is [delivered to the
|
deceased person's precinct board, his] counted, the official
|
0015| outer envelope shall be marked ["cancelled by board of
|
registration"] "canceled" and preserved by the county clerk in
|
0017| the same manner as provided for other uncast ballots in
|
0018| Subsection B of Section [3-6-10B NMSA 1953] 1-6-10 NMSA
|
0019| 1978."
|
0020| Section 21. Section 1-6-21 NMSA 1978 (being Laws 1975,
|
0021| Chapter 255, Section 93, as amended) is amended to read:
|
0022| "1-6-21. CONSOLIDATION OF ABSENT VOTER PRECINCTS.--Absent
|
0023| voter precincts may be consolidated [if] by the governing
|
0024| authority if it deems it desirable and so directs by
|
0025| resolution."
|
0001| Section 22. Section 1-6-23 NMSA 1978 (being Laws 1975,
|
0002| Chapter 255, Section 95, as amended) is amended to read:
|
0003| "1-6-23. ABSENT VOTER PRECINCT POLLING PLACE--HOURS ON
|
0004| ELECTION DAY. The county clerk or statutorily appointed
|
0005| supervisor of the election shall determine the hours in which the
|
0006| absent voter precinct polling place shall be open for delivery and
|
0007| counting of ballots [shall be set by the county clerk or
|
statutorily appointed supervisor of the election] on election
|
0009| day."
|
0010| Section 23. Section 1-6-24 NMSA 1978 (being Laws 1969,
|
0011| Chapter 54, Section 5, as amended) is amended to read:
|
0012| "1-6-24. ABSENT VOTER PRECINCT BOARD APPOINTMENT.--
|
0013| A. The county clerk of each county shall appoint [and
|
compensate] absent voter precinct board members and their
|
0015| respective alternates for each absent voter precinct [in the
|
manner specified in the Election Code for other precinct board
|
members] and shall compensate them at an hourly rate set by the
|
0018| county clerk.
|
0019| B. A minimum of three precinct board members shall be
|
0020| appointed to the absent voter precinct board with no more than two
|
0021| members belonging to the same political party."
|
0022| Section 24. A new section of the Absent Voter Act is enacted
|
0023| to read:
|
0024| "[NEW MATERIAL] SECURITY--COUNTING AND CANVASSING.--The
|
0025| secretary of state shall adopt rules and regulations for
|
0001| protecting the integrity, security and secrecy of the absentee
|
0002| ballots; procedures for voting by absentee ballot; separation of
|
0003| absentee ballots voted on electronic voting machines twenty days
|
0004| before the election from those received through the mail;
|
0005| disposition of absentee ballots rejected by a voting machine;
|
0006| handling of, counting and canvassing of absentee ballots; and
|
0007| sorting of absentee ballots by representative district for
|
0008| canvassing purposes."
|
0009|
|
0010| Section 25. Section 1-8-13 NMSA 1978 (being Laws 1969,
|
0011| Chapter 240, Section 162, as amended) is amended to read:
|
0012| "1-8-13. PRIMARY ELECTION LAW--CONTENTS OF
|
0013| PROCLAMATION.--The proclamation calling a primary election shall
|
0014| contain:
|
0015| A. the names of the major political parties
|
0016| participating in the primary election;
|
0017| B. the offices for which each political party shall
|
0018| nominate candidates; provided that if any law is enacted by the
|
0019| legislature in the year in which the primary election is held and
|
0020| [such] the law does not take effect until after the date of
|
0021| the proclamation but prior to the date of the primary election,
|
0022| the proclamation shall conform to the intent of [such] the law
|
0023| with respect to the offices for which each political party shall
|
0024| nominate candidates;
|
0025| C. the date on which declarations of candidacy and
|
0001| nominating petitions for United States representative, any office
|
0002| voted upon by all the voters of the state, a legislative office,
|
0003| the office of district judge, district attorney, state board of
|
0004| education or magistrate shall be filed and the places where they
|
0005| shall be filed in order to have the candidates' names printed on
|
0006| the official ballot of their party at the primary election;
|
0007| D. the date on and place at which declarations of
|
0008| candidacy shall be filed for any other office and filing fees paid
|
0009| or, in lieu thereof, a pauper's statement of inability to pay;
|
0010| [E. the date on and place at which declarations of
|
intent to be a write-in candidate for a statewide office or office
|
of United States representative shall be filed;
|
F. the date on and place at which declarations of intent
|
to be a write-in candidate for any other office shall be filed;
|
G.] E. the final date on and place at which
|
0016| candidates for the office of United States representative and for
|
0017| any statewide office seeking preprimary convention designation by
|
0018| the major parties shall file petitions and declarations of
|
0019| candidacy;
|
0020| [H.] F. the final date on which the major political
|
0021| parties shall hold state preprimary conventions for the
|
0022| designation of candidates; and
|
0023| [I.] G. the final date on and place at which
|
0024| certificates of designation of primary election candidates shall
|
0025| be filed by political parties with the secretary of state.
|
0001| As used in the Primary Election Law, "statewide office" means
|
0002| any office voted on by all the voters of the state."
|
0003| Section 26. Section 1-8-21 NMSA 1978 (being Laws 1996,
|
0004| Chapter 20, Section 3) is amended to read:
|
0005| "1-8-21. PRIMARY ELECTION--METHODS OF PLACING NAMES ON
|
0006| PRIMARY BALLOT.--
|
0007| A. [All candidates] A candidate seeking primary
|
0008| election nomination to a statewide office or the office of United
|
0009| States representative shall file [declarations] a declaration
|
0010| of candidacy with the proper filing officer. [Candidates] A
|
0011| candidate shall file a nominating [petitions] petition at
|
0012| the time of filing [their declarations] the declaration of
|
0013| candidacy. [Candidates] A candidate who [seek] seeks, but
|
0014| [do] does not obtain, preprimary convention designation by a
|
0015| major political party may file a new [declarations]
|
0016| declaration of candidacy and a nominating [petitions]
|
0017| petition pursuant to Section 1-8-33 NMSA 1978.
|
0018| B. [Candidates] A candidate for [any other office]
|
0019| a legislative office, the office of district attorney, district
|
0020| judge, metropolitan judge, magistrate or the state board of
|
0021| education shall have [their names] his name placed on the
|
0022| primary election ballot by filing [declarations] with the
|
0023| proper filing officer a declaration of candidacy and a
|
0024| nominating [petitions with the proper filing officer. Candidates
|
for county office shall also pay filing fees or file the proper
|
paupers' statements at the time of filing declarations of
|
candidacy] petition.
|
0003| C. A candidate for a county office shall have his name
|
0004| placed on the primary election ballot by filing with the proper
|
0005| filing officer a declaration of candidacy accompanied by the
|
0006| appropriate filing fee or a pauper's statement."
|
0007| Section 27. Section 1-8-30 NMSA 1978 (being Laws 1973,
|
0008| Chapter 228, Section 4, as amended) is amended to read:
|
0009| "1-8-30. PRIMARY ELECTION LAW--DECLARATION OF
|
0010| CANDIDACY--NOMINATING PETITION--FILING AND FORM.--
|
0011| A. As used in the Primary Election Law, "nominating
|
0012| petition" means the authorized form used for obtaining the
|
0013| required number of signatures of voters, which is signed on behalf
|
0014| of the person wishing to become a candidate for a political office
|
0015| in the primary election requiring a nominating petition.
|
0016| B. In making a declaration of candidacy, the candidate
|
0017| at the same time shall file a nominating petition, which shall be
|
0018| on forms prescribed by law.
|
0019| C. The nominating petition shall be on paper
|
0020| approximately eight and one-half inches wide and fourteen inches
|
0021| long with numbered lines for signatures spaced approximately
|
0022| three-eighths of an inch apart and shall be in the following form:
|
0023| "NOMINATING PETITION
|
0024| I, the undersigned, a registered voter of the
|
0025| county of _______________, New Mexico, and a member of
|
0001| the _______________ party, hereby nominate
|
0002| ____________, who resides at _____________ in the
|
0003| county of _______________, New Mexico, for the party
|
0004| nomination for the office of ____________________, to
|
0005| be voted for at the primary election to be held on the
|
0006| first Tuesday of June, 19 _____, and I declare that I
|
0007| am a resident of the state, district, county or area to
|
0008| be represented by the office for which the person being
|
0009| nominated is a candidate. I also declare that I have
|
0010| not signed, and will not sign, any nominating petition
|
0011| for more persons than the number of candidates
|
0012| necessary to fill such office at the next ensuing
|
0013| general election.
|
0014| 1. ___________ _____________ ___________ _________
|
0015| (usual (name printed (address as (city or
|
0016| signature) as registered) registered) rt. no.)
|
0017| 2. ___________ _____________ ___________ _________
|
0018| (usual (name printed (address as (city or
|
0019| signature) as registered) registered) rt.
|
0020| no.)".
|
0021| D. In October of odd-numbered years, the secretary of
|
0022| state shall furnish to each county clerk a sample of a
|
0023| nominating petition form, a copy of which shall be made
|
0024| available by the county clerk upon request of any candidate.
|
0025| [E. The signature of the voter shall not be counted
|
unless the voter was a registered member of the candidate's
|
party ten days prior to the filing of the nominating petition.
|
The signature of the voter shall not be counted unless the
|
entire line indicates the voter's usual signature, his name
|
printed as registered and his address as registered and his
|
city or route number and is upon the form furnished by the
|
secretary of state to the county clerks or a duplicate thereof.
|
F.] E. When more than one sheet is required for a
|
0009| petition, each of the sheets shall be in the form prescribed by
|
0010| this section and all sheets shall be firmly secured by a staple
|
0011| or other suitable fastening."
|
0012| Section 28. Section 1-8-31 NMSA 1978 (being Laws 1973,
|
0013| Chapter 228, Section 5, as amended by Laws 1993, Chapter 314,
|
0014| Section 47 and also by Laws 1993, Chapter 316, Section 47) is
|
0015| amended to read:
|
0016| "1-8-31. PRIMARY ELECTION LAW--NOMINATING PETITION--
|
0017| SIGNATURES TO BE COUNTED.--
|
0018| A. [Each signer of] A person who signs a
|
0019| nominating petition shall sign but one petition for the same
|
0020| office unless more than one candidate is to be elected to
|
0021| [such] that office, and in that case a person may sign
|
0022| not more than the number of nominating petitions equal to the
|
0023| number of candidates to be elected to the office [shall be
|
signed].
|
0025| B. A person who signs a nominating petition shall
|
0001| indicate his residence as his address. If the person does not
|
0002| have a residential address, he may provide his mailing
|
0003| address.
|
0004| [B.] C. A signature shall be counted on a
|
0005| nominating petition unless there is evidence presented that the
|
0006| person signing:
|
0007| (1) was not a registered member of the
|
0008| candidate's political party ten days prior to the filing of the
|
0009| nominating petition;
|
0010| [(1) is not a] (2) failed to provide
|
0011| information required by the nominating petition sufficient to
|
0012| determine that the person is a qualified voter of the state,
|
0013| district, county or area to be represented by the office for
|
0014| which the person seeking the nomination is a candidate;
|
0015| [(2)] (3) has signed more than one petition
|
0016| for the same office, except as provided in Subsection A of this
|
0017| section, or has signed one petition more than once;
|
0018| [(3)] (4) is not of the same political party
|
0019| as the candidate named in the nominating petition as shown by
|
0020| the signer's certificate of registration; or
|
0021| [(4)] (5) is not the person whose name
|
0022| appears on the nominating petition.
|
0023| [C.] D. The procedures set forth in this section
|
0024| shall be used to validate signatures on any petition required
|
0025| by the Election Code, except that Paragraphs (1) and (4) of
|
0001| Subsection C of this section shall not apply to petitions filed
|
0002| by unaffiliated candidates or petitions filed by candidates of
|
0003| minor political parties."
|
0004| Section 29. Section 1-8-44 NMSA 1978 (being Laws 1969,
|
0005| Chapter 240, Section 182, as amended) is amended to read:
|
0006| "1-8-44. PRIMARY ELECTION LAW--WITHDRAWAL OF
|
0007| CANDIDATES DATE OF WITHDRAWAL. [No] A candidate [shall]
|
0008| seeking to withdraw from a primary election [unless he
|
withdraws] shall withdraw no later than the first [Friday
|
after the filing date] Tuesday in April before that primary
|
0011| election."
|
0012| Section 30. Section 1-8-49 NMSA 1978 (being Laws 1977,
|
0013| Chapter 322, Section 5) is amended to read:
|
0014| "1-8-49. INDEPENDENT CANDIDATES FOR GENERAL [OR UNITED
|
STATES REPRESENTATIVE SPECIAL] ELECTIONS--CANDIDATES FOR
|
0016| PRESIDENT AND VICE PRESIDENT. [If the person filing the
|
declaration of independent candidacy is a candidate for
|
president of the United States, he shall also file the names
|
and addresses of the required number of presidential electors
|
who intend to vote for such independent candidate in the
|
electoral college.]
|
0022| A. Nomination as an independent candidate for
|
0023| president or vice president shall be made by filing a
|
0024| declaration of independent candidacy with the proper filing
|
0025| officer. The candidate for president shall also file a
|
0001| nominating petition with the required number of signatures.
|
0002| B. In making a declaration of independent candidacy
|
0003| for president, the candidate shall submit a sworn statement in
|
0004| the following form:
|
0005| "DECLARATION OF INDEPENDENT CANDIDACY FOR PRESIDENT
|
0006| I, (candidate's name), being duly sworn, say
|
0007| that I am a citizen of the United States, have been a resident
|
0008| of the United States for at least fourteen years and have
|
0009| attained the age of thirty-five.
|
0010| I desire to become a candidate for the office of president
|
0011| of the United States at the general election to be held on the
|
0012| date set by law for this year. I will be eligible and legally
|
0013| qualified to hold this office at the beginning of its term.
|
0014| The name of my vice presidential running mate, whom I
|
0015| selected, is . The names and addresses of the
|
0016| required number of presidential electors who intend to vote for
|
0017| me and for my vice presidential running mate in the electoral
|
0018| college are:
|
0019|
|
0020| name name
|
0021|
|
0022| residence address residence address
|
0023|
|
0024| mailing address mailing address
|
0025|
|
0001| city city
|
0002|
|
0003| state and zip code state and zip code
|
0004|
|
0005| name name
|
0006|
|
0007| residence address residence address
|
0008|
|
0009| mailing address mailing address
|
0010|
|
0011| city city
|
0012|
|
0013| state and zip code state and zip code
|
0014|
|
0015| name
|
0016| _________________________
|
0017| residence address
|
0018| _________________________
|
0019| mailing address
|
0020| _________________________
|
0021| city
|
0022| _________________________
|
0023| state and zip code
|
0024| I submit with this statement a nominating petition in the
|
0025| form and manner prescribed by the Election Code. I make the
|
0001| foregoing affidavit under oath, knowing that any false
|
0002| statement herein constitutes a felony punishable in accordance
|
0003| with the criminal laws of New Mexico.
|
0004|
|
0005| _________________________
|
0006| declarant
|
0007|
|
0008| _________________________
|
0009| residence address
|
0010|
|
0011| mailing address
|
0012|
|
0013|
|
0014| city
|
0015|
|
0016| state and zip code
|
0017| Subscribed and sworn to before me this day of
|
0018| , 19
|
0019|
|
0020| notary public
|
0021| My commission expires:
|
0022| ".
|
0023| C. In making a declaration of independent candidacy
|
0024| for vice president, the candidate shall submit a sworn
|
0025| statement in the following form:
|
0001| "DECLARATION OF INDEPENDENT CANDIDACY FOR VICE PRESIDENT
|
0002| I, (candidate's name), being duly sworn,
|
0003| say that I am a citizen of the United States, have been a
|
0004| resident of the United States for at least fourteen years and
|
0005| have attained the age of thirty-five.
|
0006| I have been selected by independent presidential candidate
|
0007| as his vice presidential running mate and
|
0008| desire to be that candidate for vice president. I will be
|
0009| eligible and legally qualified to hold this office at the
|
0010| beginning of its term.
|
0011| I make the foregoing affidavit under oath, knowing that
|
0012| any false statement herein constitutes a felony punishable in
|
0013| accordance with the criminal laws of New Mexico.
|
0014|
|
0015|
|
0016| _________________________
|
0017| declarant
|
0018|
|
0019| _________________________
|
0020| residence address
|
0021|
|
0022| mailing address
|
0023|
|
0024|
|
0025| city
|
0001|
|
0002| state and zip code
|
0003| Subscribed and sworn to before me this day of
|
0004| , 19
|
0005|
|
0006| notary public
|
0007| My commission expires:
|
0008| ".
|
0009| D. The independent presidential electors whom the
|
0010| independent candidate for president is required to name shall
|
0011| be registered voters of New Mexico; they may or may not be
|
0012| affiliated with a political party in New Mexico. United States
|
0013| senators, United States representatives and persons holding
|
0014| federal offices of trust or profit are not eligible to be
|
0015| electors.
|
0016| E. When independent candidates for president and vice
|
0017| president appear on the general election ballot, a vote for
|
0018| that pair of nominees is a vote for that presidential
|
0019| candidate's electors.
|
0020| F. If the independent candidates for president and
|
0021| vice president receive the highest number of votes at the
|
0022| general election, the independent presidential candidate's
|
0023| electors shall be the presidential electors of the state of New
|
0024| Mexico. As such, each elector shall be granted a certificate
|
0025| of election by the state canvassing board, and each elector
|
0001| shall be subject to the provisions of Sections 1-15-5 through
|
0002| 1-15-10 NMSA 1978."
|
0003| Section 31. Section 1-8-50 NMSA 1978 (being Laws 1977,
|
0004| Chapter 322, Section 6) is amended to read:
|
0005| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED
|
0006| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION
|
0007| FORM.--
|
0008| A. As used in Sections [3-8-27.1 through 3-8-27.8
|
NMSA 1953] 1-8-45 through 1-8-52 NMSA 1978, "nominating
|
0010| petition" means the authorized form [or forms] used for
|
0011| obtaining the required number of signatures of voters [which]
|
0012| that is signed on behalf of the person wishing to become an
|
0013| independent candidate for a political office in a general or
|
0014| United States representative special election requiring a
|
0015| nominating petition.
|
0016| B. In making a declaration of candidacy, the
|
0017| candidate at the same time shall file a nominating petition,
|
0018| which shall be on forms prescribed by law.
|
0019| [B.] C. The nominating petition for an
|
0020| independent candidate for any office except president of the
|
0021| United States shall be on paper approximately eight and one-
|
0022| half inches wide and fourteen inches long with numbered lines
|
0023| for signatures spaced approximately three-eighths of an inch
|
0024| apart and shall be in the following form:
|
0025| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY
|
0001| FOR ANY OFFICE EXCEPT PRESIDENT OF THE UNITED STATES
|
0002| I, the undersigned, a registered voter of the
|
0003| county of ____________________, New Mexico, hereby
|
0004| nominate ___________________________________, who
|
0005| resides at _________________________ in the county of
|
0006| _______________, New Mexico, as an independent
|
0007| candidate for the office of _________________________,
|
0008| to be voted for at the general election [(United
|
States representative special election)] to be held on
|
0010| November _____, 19 _____, or United States
|
0011| representative special election to be held on 19
|
0012| , and I declare that I am a resident of the state,
|
0013| district, county or area to be represented by the
|
0014| office for which the person being nominated is a
|
0015| candidate. I also declare that I have not signed, and
|
0016| will not sign, any nominating petition for more persons
|
0017| than the number of candidates necessary to fill
|
0018| [such] the office at the next ensuing general
|
0019| election or at a United States representative special
|
0020| election.
|
0021| 1. __________ _______________ ____________ ________
|
0022| (usual (name printed (address as (city)
|
0023| signature) as registered) registered)
|
0024| 2. __________ _______________ ____________ ________
|
0025| (usual (name printed (address as (city)".
|
0001| signature) as registered) registered)
|
0002| D. The nominating petition for an independent
|
0003| candidate for the office of president of the United States
|
0004| shall be on paper approximately eight and one-half inches wide
|
0005| and fourteen inches long with numbered lines for signatures
|
0006| spaced approximately three-eighths of an inch apart and shall
|
0007| be in the following form:
|
0008| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY FOR THE
|
0009| OFFICE OF PRESIDENT OF THE UNITED STATES
|
0010| I, the undersigned, a registered voter of the
|
0011| county of , New Mexico, by endorsement
|
0012| hereon, petition that the name of
|
0013| be printed on the general election ballot as an
|
0014| independent candidate for the office of president of
|
0015| the United States, to be voted on at the general
|
0016| election to be held on November , 19 . I also
|
0017| declare that I am that person whose name appears hereon
|
0018| and that I have not signed, nor will I sign, any
|
0019| nominating petition for any other candidate seeking the
|
0020| office of president of the United States at the next
|
0021| ensuing general election.
|
0022| 1. ___________ _____________ ___________ _________
|
0023| (usual (name printed (address as (city or
|
0024| signature) as registered) registered) rt. no.)
|
0025| 2. ___________ _____________ ___________ _________
|
0001| (usual (name printed (address as (city or
|
0002| signature) as registered) registered) rt. no.)".
|
0003| [C.] E. The secretary of state shall furnish to
|
0004| each county clerk a sample of the nominating petition form, a
|
0005| copy of which shall be made available by the county clerk upon
|
0006| request of any candidate as provided by the Election Code.
|
0007| [D. The signature of the voter shall not be counted
|
unless the entire line is filled out in full and is upon the
|
form prescribed by this section.
|
E.] F. When more than one sheet is required for a
|
0011| petition, each of the sheets shall be in the form prescribed by
|
0012| this section, and all sheets shall be firmly secured by a
|
0013| staple or other suitable fastening."
|
0014| Section 32. Section 1-12-7 NMSA 1978 (being Laws 1969,
|
0015| Chapter 240, Section 246, as amended by Laws 1993, Chapter 314,
|
0016| Section 54 and also by Laws 1993, Chapter 316, Section 54) is
|
0017| amended to read:
|
0018| "1-12-7. CONDUCT OF ELECTION--PERSONS NOT PERMITTED TO
|
0019| VOTE.--
|
0020| A. No person shall vote in any primary, general or
|
0021| statewide special election unless he is a voter of the precinct
|
0022| in which he offers to vote. A valid original certificate of
|
0023| registration in the county register is prima facie evidence of
|
0024| being a voter in the precinct.
|
0025| B. No person shall vote in any primary election whose
|
0001| party affiliation is not designated on his original certificate
|
0002| of registration.
|
0003| C. No voter at any primary election shall be
|
0004| permitted to vote for the candidate of any party other than the
|
0005| party designated on his [original] current certificate of
|
0006| registration. [at the time the governor issues the primary
|
election proclamation.
|
D. No person shall vote in any primary, general or
|
statewide special election whose name and certificate of
|
registration number appears on the list of voters purged from
|
the rolls. The list shall be placed with the signature rosters
|
and delivered to the polls with the other election supplies by
|
the county clerk and shall consist of those voters in the
|
precinct purged since the last preceding general election.]"
|
0015| Section 33. Section 1-15-23 NMSA 1978 (being Laws 1969,
|
0016| Chapter 240, Section 373) is amended to read:
|
0017| "1-15-23. EXPIRING TERM AND NEXT SUCCEEDING TERM
|
0018| [BALLOT--WRITE-IN]. [A.] If the same individual is a
|
0019| candidate at a general election for both the expiring term and
|
0020| the next succeeding term, his name shall appear but once on the
|
0021| ballot, and the name of the office, followed by the words,
|
0022| "full and expiring terms".
|
0023| [B. Provisions shall be made in the general election
|
to permit any voter to write in a separate name for the
|
expiring term and a separate name for the next succeeding term.
|
A voter may write in the name of any candidate he chooses for
|
either term, and such vote shall be valid and counted even
|
though the candidate's name is printed on the paper ballot or
|
ballot label.]"
|
0005| Section 34. Section 1-22-2 NMSA 1978 (being Laws 1985,
|
0006| Chapter 168, Section 4, as amended) is amended to read:
|
0007| "1-22-2. DEFINITIONS.--As used in the School Election
|
0008| Law:
|
0009| A. "board" means the governing authority of the local
|
0010| school district;
|
0011| B. "county clerk" means the clerk of each county in
|
0012| which the school district is situate;
|
0013| C. "proper filing officer" means the county clerk or,
|
0014| in the case of a multicounty school district, the clerk of the
|
0015| county in which the administrative office of the school
|
0016| district is situate;
|
0017| D. "magistrate" means the magistrate whose office is
|
0018| situated in the municipality where the administrative office of
|
0019| the school district is located or in close proximity to the
|
0020| municipality;
|
0021| E. "school district election" means [any] a
|
0022| regular or special school district election [except] but
|
0023| does not include a recall election; and
|
0024| F. "superintendent" means the superintendent of
|
0025| schools of the local school district."
|
0001| Section 35. Section 1-22-7 NMSA 1978 (being Laws 1985,
|
0002| Chapter 168, Section 9) is amended to read:
|
0003| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.-
|
0004| -
|
0005| A. [A declaration of candidacy for membership on the
|
board to] A candidate for a school board position that will
|
0007| be filled at a regular school district election shall [be
|
filed] file a declaration of candidacy with the proper
|
0009| filing officer during the period commencing at 9:00 a.m. on the
|
0010| third Tuesday in December of the even-numbered year immediately
|
0011| preceding the date of the regular school district election and
|
0012| ending at 5:00 p.m. on the same day.
|
0013| B. [A declaration of candidacy for membership on the
|
board to] A candidate for a school board position that will
|
0015| be filled at a special school district election shall [be
|
filed] file a declaration of candidacy with the proper
|
0017| filing officer during the period commencing at 9:00 a.m. on the
|
0018| forty-eighth day before the election and ending at 5:00 p.m. on
|
0019| the same day.
|
0020| C. A candidate shall file for only one school board
|
0021| position during each filing period.
|
0022| [C. Any person knowingly making] D. A person who
|
0023| knowingly makes a false statement in his declaration of
|
0024| candidacy is guilty of a fourth degree felony and shall be
|
0025| sentenced pursuant to the provisions of Section 31-18-15 NMSA
|
0001| 1978."
|
0002| Section 36. Section 1-22-19 NMSA 1978 (being Laws 1985,
|
0003| Chapter 168, Section 21, as amended) is amended to read:
|
0004| "1-22-19. ABSENTEE VOTING.--
|
0005| A. [Any registered qualified elector of the school
|
district who cannot be present at his precinct polling place on
|
the day of the school district election because of illness,
|
injury or disability; who will be absent from his school
|
district of residence because his duties, occupation, business
|
or vacation requires him to be elsewhere; or who cannot attend
|
his precinct polling place because of the tenets of his
|
religion] A voter may vote in a school district election
|
0013| by absentee ballot for all candidates and on all questions
|
0014| appearing on the ballot [at the election] in his precinct
|
0015| as if he were [able to cast] casting his ballot in person
|
0016| at the [precinct] polling place on election day.
|
0017| B. The provisions of the Absent Voter Act of the
|
0018| Election Code apply to absentee voting in school district
|
0019| elections, provided that absentee ballots may be marked in
|
0020| person during the regular hours and days of business at the
|
0021| county clerk's office from 8:00 a.m. on the twenty-fifth day
|
0022| preceding the election until 5:00 p.m. on the Friday
|
0023| immediately prior to the date of the election. Provisions may
|
0024| be made by the board in the proclamation for absentee voting by
|
0025| electronic voting machine from 8:00 a.m. on the twentieth day
|
0001| preceding an election until 5:00 p.m. on the Friday immediately
|
0002| prior to the date of the election. Absentee ballots shall be
|
0003| printed at least thirty days prior to the date of the election.
|
0004| C. A regular precinct board may be designated to
|
0005| serve as the absent voter precinct board. [Members] A
|
0006| member of the absent voter precinct board shall receive the
|
0007| same compensation as [other] a regular precinct board
|
0008| [members, but in no case shall] member. A regular
|
0009| precinct board member who also serves as a member of the absent
|
0010| voter precinct board shall not be entitled to extra
|
0011| compensation for serving on [the absent voter precinct] more
|
0012| than one board."
|
0013| Section 37. REPEAL.--Sections 1-6A-1 through 1-6A-12,
|
0014| 1-8-36.1, 1-12-19.1 and 1-12-47 NMSA 1978 (being Laws 1993,
|
0015| Chapter 37, Sections 1 through 9, Laws 1995, Chapter 165,
|
0016| Sections 4 through 6, Laws 1981, Chapter 156, Sections 1 and 2
|
0017| and Laws 1977, Chapter 222, Section 50, as amended) are
|
0018| repealed.
|
0019|
|
0020|
|
0021| State of New Mexico
|
0022| House of Representatives
|
0023|
|
0024| FORTY-THIRD LEGISLATURE
|
0025| FIRST SESSION, 1997
|
0001|
|
0002|
|
0003| March 13, 1997
|
0004|
|
0005|
|
0006| Mr. Speaker:
|
0007|
|
0008| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0009| whom has been referred
|
0010|
|
0011| HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE
|
0012| FOR HOUSE BILL 865
|
0013|
|
0014| has had it under consideration and reports same with
|
0015| recommendation that it DO PASS, amended as follows:
|
0016|
|
0017| 1. On page 28, between lines 13 and 14, insert the
|
0018| following new section:
|
0019|
|
0020| "Section 25. Section 1-8-8 NMSA 1978 (being Laws 1969,
|
0021| Chapter 240, Section 158, as amended) is amended to read:
|
0022|
|
0023| "1-8-8. VACANCY ON GENERAL ELECTION BALLOT--OCCURRING AFTER
|
0024| PRIMARY.--
|
0025|
|
0001| A. If after a primary election a vacancy occurs, for
|
0002| any cause, in the list of nominees of a qualified political party
|
0003| for any public office to be filled in the general election, or a
|
0004| vacancy occurs because of the resignation or death of a person
|
0005| holding a public office not included in the governor's
|
0006| proclamation and which office is required by law to be filled at
|
0007| the next succeeding general election, the vacancy on the general
|
0008| election ballot may be filled by:
|
0009|
|
0010| (1) the central committee of the state political
|
0011| party filing the name of its nominee for the office with the
|
0012| proper filing officer when [such] the office is a federal,
|
0013| state, district or multi-county legislative district office; and
|
0014|
|
0015| (2) the central committee of the county political
|
0016| party filing the name of its nominee for the office with the
|
0017| proper filing officer when [such] the office is a magistrate,
|
0018| county or a legislative district office where the district is
|
0019| entirely within the boundaries of a single county.
|
0020|
|
0021| B. If a vacancy occurs, for any cause, in the list of
|
0022| nominees of a major political party for a public office subject
|
0023| to convention designation as provided in Section 1-8-21.1 NMSA
|
0024| 1978 and there is no nominee on the general election ballot for
|
0025| that office from any major political party, each major political
|
0001| party may nominate a candidate for that office in accordance with
|
0002| the provisions of Subsection A of this section.
|
0003|
|
0004| [B.] C. Appointments made pursuant to Subsection A
|
0005| of this section shall be of the same party affiliation as the
|
0006| original nominee, if any, or affiliated with the major political
|
0007| party, and shall reside in the district from which he will be
|
0008| elected as shown by his certificate of registration on file in
|
0009| the county clerk's office before the day of the governor's
|
0010| primary election proclamation.
|
0011|
|
0012| [C.] D. Appointments to fill vacancies in the list
|
0013| of a party's nominees shall be made and filed at least fifty-six
|
0014| days prior to the general election. If the vacancy is caused by
|
0015| the death of a nominee, the central committee may in like manner
|
0016| file the name of its nominee to fill the vacancy up until five
|
0017| days prior to the general election.
|
0018|
|
0019| [D.] E. When the name of a nominee is filed as
|
0020| provided in this section, [such] the name shall be placed on
|
0021| the general election ballot as the party's candidate for that
|
0022| office. In the case of a nominee appointed after the general
|
0023| election ballots are printed, [such] the name shall be placed
|
0024| on the ballot by pasting the printed name of the nominee over the
|
0025| name of the candidate whose vacancy he fills on the general elec-
|
0001|
|
0002| tion ballot."".
|
0003|
|
0004| 2. Renumber the succeeding sections accordingly..
|
0005|
|
0006|
|
0007| Respectfully submitted,
|
0008|
|
0009|
|
0010|
|
0011|
|
0012|
|
0013|
|
0014| Max Coll, Chairman
|
0015|
|
0016|
|
0017| Adopted
|
0018| Not Adopted
|
0019| (Chief Clerk)
|
0020|
|
0021| (Chief Clerk)
|
0022|
|
0023| Date
|
0024|
|
0025| The roll call vote was 14 For 1 Against
|
0001| Yes: 14
|
0002| No: Pearce
|
0003| Excused: Saavedra, Varela
|
0004| Absent: None
|
0005|
|
0006|
|
0007| .118769.2
|
0008| G:\BILLTEXT\BILLW_97\H0865
|
0009|
|
0010| FORTY-THIRD LEGISLATURE
|
0011| FIRST SESSION, 1997
|
0012|
|
0013|
|
0014| March 20, 1997
|
0015|
|
0016| Mr. President:
|
0017|
|
0018| Your RULES COMMITTEE, to whom has been referred
|
0019|
|
0020| HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE
|
0021| FOR
|
0022| HOUSE BILL 865, as amended
|
0023|
|
0024| has had it under consideration and reports same with
|
0025| recommendation that it DO PASS.
|
0001|
|
0002| Respectfully submitted,
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| __________________________________
|
0008| Gloria Howes, Chairman
|
0009|
|
0010|
|
0011|
|
0012| Adopted_______________________ Not
|
0013| Adopted_______________________
|
0014| (Chief Clerk) (Chief Clerk)
|
0015|
|
0016|
|
0017|
|
0018| Date ________________________
|
0019|
|
0020|
|
0021| The roll call vote was 7 For 0 Against
|
0022| Yes: 7
|
0023| No: 0
|
0024| Excused: Altamirano
|
0025| Absent: None
|
0001|
|
0002|
|
0003| H0865RU1
|