State of New Mexico House of Representatives FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 March 13, 1997 Mr. Speaker: Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has been referred HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR HOUSE BILL 865 has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 28, between lines 13 and 14, insert the following new section: "Section 25. Section 1-8-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 158, as amended) is amended to read: "1-8-8. VACANCY ON GENERAL ELECTION BALLOT--OCCURRING AFTER PRIMARY.-- A. If after a primary election a vacancy occurs, for any cause, in the list of nominees of a qualified political party for any public office to be filled in the general election, or a vacancy occurs because of the resignation or death of a person holding a public office not included in the governor's proclamation and which office is required by law to be filled at the next succeeding general election, the vacancy on the general election ballot may be filled by: (1) the central committee of the state political party filing the name of its nominee for the office with the proper filing officer when [such] the office is a federal, state, district or multi-county legislative district office; and (2) the central committee of the county political party filing the name of its nominee for the office with the proper filing officer when [such] the office is a magistrate, county or a legislative district office where the district is entirely within the boundaries of a single county. B. If a vacancy occurs, for any cause, in the list of nominees of a major political party for a public office subject to convention designation as provided in Section 1-8-21.1 NMSA 1978 and there is no nominee on the general election ballot for that office from any major political party, each major political party may nominate a candidate for that office in accordance with the provisions of Subsection A of this section. [B.] C. Appointments made pursuant to Subsection A of this section shall be of the same party affiliation as the original nominee, if any, or affiliated with the major political party, and shall reside in the district from which he will be elected as shown by his certificate of registration on file in the county clerk's office before the day of the governor's primary election proclamation. [C.] D. Appointments to fill vacancies in the list of a party's nominees shall be made and filed at least fifty-six days prior to the general election. If the vacancy is caused by the death of a nominee, the central committee may in like manner file the name of its nominee to fill the vacancy up until five days prior to the general election. [D.] E. When the name of a nominee is filed as provided in this section, [such] the name shall be placed on the general election ballot as the party's candidate for that office. In the case of a nominee appointed after the general election ballots are printed, [such] the name shall be placed on the ballot by pasting the printed name of the nominee over the name of the candidate whose vacancy he fills on the general election ballot."". 2. Renumber the succeeding sections accordingly.. Respectfully submitted, Max Coll, Chairman Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 14 For 1 Against Yes: 14 No: Pearce Excused: Saavedra, Varela Absent: None .118769.2 G:\BILLTEXT\AMEND_97\H0865AF1