0001| SENATE BILL 61
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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| GLORIA HOWES
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO ELECTIONS; AMENDING, REPEALING AND ENACTING CERTAIN
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0012| SECTIONS OF THE NMSA 1978 PERTAINING TO THE FILLING OF VACANCY
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0013| IN THE OFFICE OF UNITED STATES REPRESENTATIVE; DECLARING AN
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0014| EMERGENCY.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. [NEW MATERIAL] UNITED STATES
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0018| REPRESENTATIVE--VACANCY.--
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0019| A. Ten days after a vacancy occurs in the office of
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0020| United States representative, except as provided in Subsection
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0021| G of this section, the governor shall by proclamation call a
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0022| special primary election to be conducted in the congressional
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0023| district not less than thirty-five nor more than forty-one days
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0024| after the proclamation for the purpose of nominating a
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0025| candidate of each major political party for the special United
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0001| States representative election provided for in this section. A
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0002| declaration of candidacy and nominating petitions shall be
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0003| filed by a candidate for nomination of a major political party
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0004| not later than 5:00 p.m. of the twenty-first day following the
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0005| special primary election proclamation. The filing shall be
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0006| pursuant to the provisions of Section 1-8-33 NMSA 1978. The
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0007| provisions of Article 8 of the Election Code pertaining to
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0008| procedures for nominations and primary elections shall apply;
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0009| provided, however, if there is a conflict between this section
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0010| and other provisions of Article 8 of the Election Code, the
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0011| provisions of this section shall control.
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0012| B. Nominations by minor political parties for the
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0013| special election to fill the vacancy in the office of United
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0014| States representative shall be made in the manner provided by
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0015| the rules of that party; provided that such nomination is
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0016| certified to the secretary of state by the state chairman of
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0017| that party no later than 5:00 p.m. on the fifty-sixth day
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0018| preceding the date of the special United States representative
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0019| election.
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0020| C. Declarations of independent candidacy to fill
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0021| the vacancy in the office of United States representative and
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0022| nominating petitions thereto shall be filed with the secretary
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0023| of state no later than 5:00 p.m. on the fifty-sixth day
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0024| preceding the date of the special United States representative
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0025| election.
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0001| D. Write-in candidates are permitted in the special
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0002| primary election only for the nomination by the major political
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0003| party with which that person is affiliated as shown by the
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0004| person's certificate of registration and shall have the
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0005| qualifications to be a candidate in the special primary
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0006| election for the political party for which the person is a
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0007| write-in candidate. A declaration of intent to be a write-in
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0008| candidate shall be filed with the secretary of state before
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0009| 5:00 p.m. prior to the twenty-first day following the
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0010| proclamation calling for the special primary election.
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0011| E. A special United States representative election
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0012| shall be held in the congressional district not less than
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0013| eighty-seven nor more than ninety-five days after the date of
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0014| vacancy for the purpose of filling the vacancy in the office of
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0015| United States representative.
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0016| F. Special United States representative elections
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0017| called for the purpose of filling a vacancy in the office of
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0018| United States representative shall be conducted in accordance
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0019| with the provisions of the Election Code; provided, however, if
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0020| there is a conflict between this section and other provisions
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0021| of the Election Code, the provisions of this section shall
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0022| control.
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0023| G. If a vacancy occurs in the office of United
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0024| States representative after the date of the regular primary
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0025| election and before the date of the general election of that
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0001| same year, such vacancy shall be filled at that general
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0002| election of the same year. Candidates seeking the office of
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0003| United States representative in such general election for the
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0004| next succeeding term shall be deemed to be candidates for the
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0005| unexpired term as well, and the candidate elected shall take
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0006| office upon the certification of the election results.
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0007| Section 2. Section 1-8-36.1 NMSA 1978 (being Laws 1981,
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0008| Chapter 156, Section 1, as amended) is amended to read:
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0009| "1-8-36.1. PRIMARY ELECTION LAW--WRITE-IN CANDIDATES.--
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0010| A. Write-in candidates are permitted in a special
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0011| primary election or the regular primary election only for
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0012| the offices of United States representative, members of the
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0013| legislature, district judges, district attorneys, state board
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0014| of education, magistrates and any office voted upon by all
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0015| voters of the state.
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0016| B. A person may be a write-in candidate only for
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0017| nomination by the major political party with which he is
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0018| affiliated as shown by his certificate of registration, and
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0019| such person shall have the qualifications to be a candidate in
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0020| the primary election for the political party for which he is a
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0021| write-in candidate.
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0022| C. A person desiring to be a write-in candidate for
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0023| one of the offices listed in Subsection A of this section in
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0024| the primary election shall file with the proper filing officer
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0025| a declaration of intent to be a write-in candidate. Such
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0001| declaration of intent shall be filed before 5:00 p.m. on the
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0002| second Tuesday in March.
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0003| D. A write-in vote shall be counted and canvassed
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0004| only if:
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0005| (1) the name written in is the name of a
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0006| declared write-in candidate and shows two initials and last
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0007| name; first name, middle initial or name and last name; first
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0008| and last name; or the full name as it appears on the
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0009| declaration of intent to be a write-in candidate and
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0010| misspellings of the above combinations that can be reasonably
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0011| determined by a majority of the members of the precinct board
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0012| to identify a declared write-in candidate; and
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0013| (2) the name is written in the proper slot on
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0014| the voting machine or on the proper line provided on an
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0015| absentee ballot or emergency paper ballot for write-in votes
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0016| for the office for which the candidate has filed a declaration
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0017| of intent.
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0018| E. At the time of filing the declaration of intent
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0019| to be a write-in candidate, the write-in candidate shall be
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0020| considered a candidate for all purposes and provisions relating
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0021| to candidates in the Election Code, including the obligations
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0022| to report under the Campaign Reporting Act, except that he
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0023| shall not be entitled to have his name printed on the ballot.
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0024| F. No unopposed write-in candidate shall have his
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0025| nomination certified unless he receives at least the number of
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0001| write-in votes in the primary election as he would need
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0002| signatures on a nominating petition pursuant to the
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0003| requirements set out in Section 1-8-33 NMSA 1978.
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0004| G. A write-in vote shall be cast by writing in the
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0005| name. As used in this section, "write-in" does not include the
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0006| imprinting of any name by rubber stamp or similar device or the
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0007| use of preprinted stickers or labels."
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0008| Section 3. REPEAL.--Section 1-15-18.1 NMSA 1978 (being
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0009| Laws 1983, Chapter 232, Section 16) is repealed.
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0010| Section 4. EMERGENCY.--It is necessary for the public
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0011| peace, health and safety that this act take effect immediately.
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0012| - 6 - SENATE RULES COMMITTEE SUBSTITUTE FOR
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0013| SENATE BILL 61
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0014| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0015|
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0016|
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| AN ACT
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0023| RELATING TO ELECTIONS; PROVIDING FOR A SPECIAL PRIMARY ELECTION
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0024| FOR THE OFFICE OF UNITED STATES REPRESENTATIVE; AMENDING,
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0025| REPEALING AND ENACTING SECTIONS OF THE ELECTION CODE; DECLARING
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0001| AN EMERGENCY.
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0002|
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0003| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0004| Section 1. A new section of the Election Code in enacted
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0005| to read:
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0006| "[NEW MATERIAL] UNITED STATES REPRESENTATIVE SPECIAL
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0007| ELECTION.--
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0008| A. When a vacancy in the office of United States
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0009| representative occurs, except as provided in Subsection D of
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0010| this section, the governor shall by proclamation call a special
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0011| primary election:
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0012| (1) on the first Tuesday following the vacancy;
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0013| or
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0014| (2) on the second Tuesday following the vacancy,
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0015| if that vacancy occurs after the preceding Friday.
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0016| The special primary election shall be conducted in the
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0017| congressional district not more than sixty days after the
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0018| issuance of the proclamation for the purpose of nominating a
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0019| candidate from each major political party for the special
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0020| United States representative election. A declaration of
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0021| candidacy shall be filed by a candidate for nomination by a
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0022| major political party between the hours of 9:00 a.m. and 5:00
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0023| p.m. of the fourteenth day following the issuance of the
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0024| special primary election proclamation.
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0025| B. Nominations by minor political parties for the
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0001| special election to fill the vacancy in the office of United
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0002| States representative shall be made in the manner provided for
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0003| in Subsection A of section.
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0004| C. Declarations of independent candidacy to fill the
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0005| vacancy in the office of United States representative shall be
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0006| made in the manner provided for in Subsection A of this
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0007| section.
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0008| D. If a vacancy occurs in the office of United States
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0009| representative after the date of the regular primary election
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0010| and before the date of the general election of the same year,
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0011| that vacancy shall be filled in that general election of the
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0012| same year. Candidates seeking the office of United States
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0013| representative in that general election for the next succeeding
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0014| term shall be deemed to be candidates for the unexpired term as
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0015| well, and the candidate elected shall take office upon the
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0016| certification of the election results.
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0017| E. Precincts may be consolidated as provided in Section
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0018| 1-24-3 NMSA 1978 at the discretion of the county clerk.
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0019| F. A special United States representative election shall
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0020| be held in the congressional district not more than one hundred
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0021| days after the date of the vacancy in the office of United States
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0022| representative for the purpose of filling that vacancy."
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0023| Section 2. A new section of the Election Code is
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0024| enacted to read:
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0025| "[NEW MATERIAL] FILING FEE AND DECLARATION OF CANDIDACY
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0001| FOR UNITED STATES REPRESENTATIVE SPECIAL ELECTION.--
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0002| A. A candidate seeking the office of United States
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0003| representative in a special primary election shall file either a
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0004| declaration of candidacy accompanied by a filing fee of two
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0005| hundred eighty dollars ($280) or a pauper's statement with the
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0006| secretary of state.
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0007| B. In the event a candidate is unable to pay the filing
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0008| fee, he may file a statement with the secretary of state at the
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0009| time he files his declaration of candidacy to the effect that he
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0010| is without financial means to pay the filing fee. The statement
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0011| shall be sworn and subscribed to on the form prescribed by the
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0012| secretary of state and shall be attached to the declaration of
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0013| candidacy."
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0014| Section 3. Section 1-6-5 NMSA 1978 (being Laws 1969, Chapter
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0015| 240, Section 131, as amended by Laws 1993, Chapter 314, Section 43
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0016| and also by Laws 1993, Chapter 316, Section 43) is amended to
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0017| read:
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0018| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF
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0019| BALLOT [MAKING] MARKING AND DELIVERY OF BALLOT IN PERSON.--
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0020| A. The county clerk shall mark each completed absentee
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0021| ballot application with the date and time of receipt in the
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0022| clerk's office and enter the required information in the absentee
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0023| ballot register. The county clerk shall then determine if the
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0024| applicant is a voter, an absent uniformed services voter or an
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0025| overseas voter.
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0001| B. If the applicant has no valid certificate of
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0002| registration on file in the county and he is not a federal
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0003| qualified elector or if the applicant states he is a federal
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0004| qualified elector but his application indicates he is not a
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0005| federal qualified elector, no absentee ballot shall be issued and
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0006| the county clerk shall mark the application "rejected" and file
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0007| the application in a separate file from those accepted.
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0008| C. The county clerk shall notify in writing each
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0009| applicant of the fact of acceptance or rejection of his
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0010| application and, if rejected, shall explain why the application
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0011| was rejected.
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0012| D. If the applicant is determined to be a voter or a
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0013| federal qualified elector, the county clerk shall mark the
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0014| application "accepted" and deliver or mail to the applicant an
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0015| absentee ballot and the required envelopes for use in returning
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0016| the ballot. Acceptance of an application of a federal qualified
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0017| elector constitutes registration for the election in which the
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0018| ballot is to be cast. Acceptance of an application from an
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0019| overseas voter who is not an absent uniformed services voter
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0020| constitutes a request for changing information on the certificate
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0021| of registration of any such voter. No absent voter shall be
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0022| permitted to change his party affiliation during those periods
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0023| when change of party affiliation is prohibited by the Election
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0024| Code. Upon delivery or mailing of an absentee ballot to any
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0025| applicant who is a voter, an appropriate designation shall be made
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0001| on the signature line of the signature roster next to the name of
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0002| the person who has been sent an absentee ballot.
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0003| E. If an application for an absentee ballot is delivered
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0004| in person to the county clerk and is accepted, the county clerk
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0005| shall deliver the absentee ballot and it shall be marked by the
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0006| applicant in a voting booth of a type prescribed by the secretary
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0007| of state in the courthouse, sealed in the proper envelopes and
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0008| otherwise properly executed and returned to the county clerk or
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0009| his authorized representative before the applicant leaves the
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0010| office of the county clerk. The act of marking the absentee
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0011| ballot in the office of the county clerk shall be a convenience to
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0012| the voter in the delivery of the absentee ballot and does not make
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0013| the office of the county clerk a polling place subject to the
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0014| requirements of a polling place in the Election Code other than is
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0015| provided in this subsection. It shall be unlawful to solicit
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0016| votes, display or otherwise make accessible any posters, signs or
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0017| other forms of campaign literature whatsoever in the clerk's
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0018| office. Except as provided in Subsection F of this section,
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0019| absentee ballots may be marked in person during the regular hours
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0020| and days of business at the county clerk's office from 8:00 a.m.
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0021| on the fortieth day preceding the election up until 5:00 p.m. on
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0022| the Saturday immediately prior to the date of the election. In
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0023| marking the absentee ballot, the voter may be assisted by one
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0024| person of the voter's [own] choice upon the execution with the
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0025| county clerk of an affidavit for assistance stating [therein]
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0001| that the voter meets at least one of the conditions for receiving
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0002| such assistance as is set forth by the provisions of Section 1-12-
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0003| 12 NMSA 1978.
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0004| F. For a special primary election, and a special United
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0005| States representative election, absentee ballots may be marked in
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0006| person during the regular hours and days of business at the county
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0007| clerk's office from 8:00 a.m. on the fourteenth day preceding the
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0008| election up until 5:00 p.m. on the third day prior to that
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0009| election.
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0010| [F.] G. Absentee ballots shall be airmailed to
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0011| applicants temporarily domiciled inside or outside the continental
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0012| limits of the United States not later than on the Thursday
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0013| immediately prior to the date of the election.
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0014| [G.] H. No absentee ballot shall be delivered or
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0015| mailed to any person other than the applicant for such ballot.
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0016| [H.] I. The county clerk shall accept and process
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0017| with respect to a primary or general election for any federal
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0018| office, any otherwise valid voter registration application from an
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0019| absent uniformed services voter or overseas voter received by
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0020| mail or by facsimile if the application is received not less than
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0021| thirty days before the election. The county clerk shall also
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0022| accept and process federal write-in absentee ballots from overseas
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0023| voters in general elections for federal offices in accordance with
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0024| the provisions of Section 103 of the federal Uniformed and
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0025| Overseas Citizens Absentee Voting Act.
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0001| J. For a special primary election and a special United
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0002| States representative election, a qualified elector who is a
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0003| member of the United States armed forces or the United States
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0004| merchant marine, a family member of that qualified elector, or a
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0005| qualified elector living outside the United States, may apply for
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0006| an absentee ballot by facsimile. A clerk may send and receive
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0007| facsimile absentee ballots that have been voted from eligible
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0008| qualified electors."
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0009| Section 4. Section 1-6-7 NMSA 1978 (being Laws 1969, Chapter
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0010| 240, Section 133, as amended) is amended to read:
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0011| "1-6-7. FORM OF ABSENTEE BALLOT.--As soon as candidates and
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0012| questions to be voted upon have been determined for each election,
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0013| the county clerk shall procure a supply of suitable absentee
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0014| ballots. The absentee ballot shall be numbered and shall be, as
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0015| nearly as practicable, in the same form as prescribed by the
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0016| secretary of state for emergency ballots. However, to reduce
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0017| weight and bulk for transport of absentee ballots, the size and
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0018| weight of the paper for envelopes, ballots and instructions shall
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0019| be reduced as much as possible. Absentee ballots shall be printed
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0020| at least forty days prior to the date of a primary election and
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0021| forty-nine days prior to the date of a general election. Absentee
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0022| ballots shall be printed and shall be delivered to the county
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0023| clerk at least sixteen days prior to the date of a special primary
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0024| election or a special United States representative election.
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0025| Absentee ballots for any other election shall be printed at least
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0001| thirty-five days prior to the date of the election."
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0002| Section 5. Section 1-6A-5 NMSA 1978 (being Laws 1993,
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0003| Chapter 37, Section 5, as amended) is amended to read:
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0004| "1-6A-5. PROCESSING APPLICATION.--
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0005| A. The county clerk shall mark each completed
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0006| absentee-early application with the date and time of receipt in
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0007| the clerk's office and enter the required information in the
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0008| absentee ballot register.
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0009| B. If the applicant has no valid affidavit of
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0010| registration on file in the county and he is not a federal
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0011| qualified elector, he shall not be allowed to vote. The county
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0012| clerk shall mark the application "rejected" and file the
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0013| application in a separate file from those accepted.
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0014| C. If the applicant presents proof of identification and
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0015| is determined to be a voter or a federal qualified elector, the
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0016| county clerk shall mark the application "accepted" and deliver a
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0017| marksense ballot or allow the voter to vote on the
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0018| direct-recording electronic machine. Upon acceptance of the
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0019| application, an appropriate designation shall be made on the
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0020| absentee register.
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0021| D. Except as provided in Subsection E of this section,
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0022| absentee-early voting may be done in person during the regular
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0023| hours of business at the county clerk's office or other locations
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0024| specified by the county clerk; provided that in class A counties,
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0025| the county clerk shall establish not less than four alternative
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0001| locations as satellite polling places. Absentee-early voting may
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0002| be done from 8:00 a.m. on the twentieth day preceding the election
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0003| up until 5:00 p.m. on the Saturday immediately prior to the date
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0004| of the election. In voting absentee-early, the voter may be
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0005| assisted by one person of the voter's [own] choice.
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0006| E. Absentee-early voting for a special primary election
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0007| or for a special United States representative election may be done
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0008| at the county clerk's office or other location specified by the
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0009| county clerk. Where less than the entire territory of a class A
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0010| county is included in a district where a special primary election
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0011| or a special United States representative election will be held,
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0012| the number of absentee-early satellite polling places may be
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0013| reduced proportionally, at the discretion of the county clerk.
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0014| Absentee-early voting may be done from 8:00 a.m. on the eleventh
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0015| day preceding the election up until 5:00 p.m. three days prior to
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0016| the date of the election. In voting absentee-early, the voter may
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0017| be assisted by one person of the voter's choice.
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0018| [E.] F. The secretary of state and county clerk
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0019| shall make reasonable efforts to publicize and inform voters of
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0020| the times and locations for absentee-early voting."
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0021| Section 6. Section 1-8-50 NMSA 1978 (being Laws 1977,
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0022| Chapter 322, Section 6, as amended) is amended to read:
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0023| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL [OR UNITED
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STATES REPRESENTATIVE SPECIAL] ELECTIONS--NOMINATING PETITION
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0025| FORM.--
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0001| A. As used in Sections [3-8-27.1 through 3-8-27.8 NMSA
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1953] 1-8-45 through 1-8-52 NMSA 1978, "nominating petition"
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0003| means the form or forms used for obtaining the required number of
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0004| signatures of voters [which] that is signed on behalf of the
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0005| person wishing to become an independent candidate for a political
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0006| office in a general [or United States representative special]
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0007| election requiring a nominating petition.
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0008| B. The nominating petition shall be on paper
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0009| approximately eight and one-half inches wide and fourteen inches
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0010| long with numbered lines for signatures spaced approximately
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0011| three-eighths of an inch apart and shall be in the following form:
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0012| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY
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0013| I, the undersigned, a registered voter of the
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0014| county of ____________________, New Mexico, hereby
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0015| nominate ___________________________________, who
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0016| resides at _________________________ in the county of
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0017| _______________, New Mexico, as an independent
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0018| candidate for the office of _________________________,
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0019| to be voted for at the general election [(United
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States representative special election)] to be held on
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0021| November _____, 19 _____, and I declare that I am a
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0022| resident of the state, district, county or area to be
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0023| 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| __________
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0006| (usual (name printed (address as (city)
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0007| signature) as registered) registered)
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0008| 2. ______________ _______________ _____________
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0009| __________
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0010| (usual (name printed (address as
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0011| (city)."
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0012| signature) as registered) registered)
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0013| C. The secretary of state shall furnish to each
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0014| county clerk a sample of the nominating petition form, a
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0015| copy of which shall be made available by the county clerk
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0016| upon request of any candidate as provided by the Election
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0017| Code.
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0018| D. The signature of the voter shall not be counted
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0019| unless the entire line is filled out in full and is upon the
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0020| form prescribed by this section.
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0021| E. When more than one sheet is required for a
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0022| petition, each of the sheets shall be in the form prescribed
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0023| by this section, and all sheets shall be firmly secured by a
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0024| staple or other suitable fastening."
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0025| Section 7. Section 1-8-52 NMSA 1978 (being Laws 1977,
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0001| Chapter 322, Section 8, as amended) is amended to read:
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0002| "1-8-52. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED
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0003| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING
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0004| PETITIONS--CIRCULATION--DATE OF FILING.--
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0005| A. Declarations of independent candidacy [and
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nominating petitions] for a vacancy in the office of
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0007| United States representative shall be filed with the proper
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0008| filing officer during the period commencing at 9:00 a.m. on
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0009| the [second Tuesday of July of each even-numbered year]
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0010| fourteenth day following the issuance of the special
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0011| primary election proclamation and ending at 5:00 p.m. on
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0012| that same day [and not later than 5:00 p.m. on the fifty-
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sixth day preceding any United States representative special
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election].
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0015| B. Declarations of independent candidacy and
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0016| nominating petitions for the office of president of the
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0017| United States or for any other office to be filled at a
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0018| general election shall be filed with the proper filing
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0019| officer during the period commencing at 9:00 a.m. on the
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0020| fifty-sixth day prior to [the] that general election and
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0021| ending at 5:00 p.m. on the same day."
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0022| Section 8. Section 1-12-19.1 NMSA 1978 (being Laws
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0023| 1981, Chapter 156, Section 2, as amended) is amended to
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0024| read:
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0025| "1-12-19.1. GENERAL ELECTIONS--WRITE-IN CANDIDATES.--
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0001| A. A person desiring to be a write-in candidate in
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0002| a general election [a special election for United States
|
representative] or a statewide special election shall file
|
0004| with the proper filing officer a declaration of intent to be
|
0005| a write-in candidate. The declaration of intent shall be
|
0006| filed between 9:00 a.m. and 5:00 p.m. on the sixty-third day
|
0007| immediately preceding the election.
|
0008| B. The form of the declaration of intent shall be
|
0009| prescribed by the secretary of state and shall contain a
|
0010| sworn statement by the candidate that he is qualified to be
|
0011| a candidate for and to hold the office for which he is
|
0012| filing.
|
0013| C. At the time of filing the declaration of intent
|
0014| to be a write-in candidate, the write-in candidate shall be
|
0015| considered a candidate for all purposes and provisions
|
0016| relating to candidates in the Election Code, including the
|
0017| obligation to report under the Campaign Reporting Act,
|
0018| except that he shall not be entitled to have his name
|
0019| printed on the ballot.
|
0020| D. The secretary of state shall, not less than ten
|
0021| days before the general election, certify the names of the
|
0022| declared write-in candidates to the county clerks of every
|
0023| county affected by such candidacy.
|
0024| E. No person shall be a write-in candidate in the
|
0025| general election who was a candidate in the primary election
|
0001| immediately prior to the general election.
|
0002| F. A vote for a write-in candidate shall be
|
0003| counted and canvassed only if:
|
0004| (1) the name written in is the name of a
|
0005| declared write-in candidate and shows two initials and last
|
0006| name; first name, middle initial or name and last name;
|
0007| first and last name; or the full name as it appears on the
|
0008| declaration of intent to be a write-in candidate and
|
0009| misspellings of the above combinations that can be
|
0010| reasonably determined by a majority of the members of the
|
0011| precinct board to identify a declared write-in candidate;
|
0012| and
|
0013| (2) the name is written in the proper office
|
0014| or entered upon the keyboard on the voting machine or on the
|
0015| proper line provided on a marksense ballot, absentee ballot
|
0016| or emergency paper ballot for write-in votes for the office
|
0017| for which the candidate has filed a declaration of intent.
|
0018| G. No unopposed write-in candidate shall have his
|
0019| election certified unless he receives at least the number of
|
0020| write-in votes as he would need signatures on a nominating
|
0021| petition pursuant to the requirements in Section 1-8-33 NMSA
|
0022| 1978.
|
0023| H. A write-in vote shall be cast by writing in the
|
0024| name. As used in this section, "write-in" does not include
|
0025| the imprinting of any name by rubber stamp or similar device
|
0001| or the use of preprinted stickers or labels."
|
0002| Section 9. Section 1-13-16 NMSA 1978 (being Laws 1969,
|
0003| Chapter 240, Section 319, as amended) is amended to read:
|
0004| "1-13-16. POST-ELECTION DUTIES--STATE CANVASS METHOD.--
|
0005| A. The state canvass shall be made from the
|
0006| election returns transmitted directly to the secretary of
|
0007| state from each of the precinct boards and, in the case of
|
0008| candidates voted upon by a district composed of two or more
|
0009| counties, from the certificates transmitted by the county
|
0010| canvassing boards.
|
0011| B. Upon the completion of the canvass, but not
|
0012| sooner than the thirty-first day after any primary, general
|
0013| or district special election, or the tenth day after any
|
0014| special primary election or special United States
|
0015| representative election, the state canvassing board shall
|
0016| issue to those candidates entitled by law the appropriate
|
0017| certificate of election or, in the case of a primary
|
0018| election or special primary election, a certificate of
|
0019| nomination.
|
0020| C. The state canvassing board may designate a
|
0021| person or persons to compare the totals appearing on the
|
0022| election returns, statements of canvass and certificates and
|
0023| to certify the results of their findings to the state
|
0024| canvassing board."
|
0025| Section 10. Section 1-24-2 NMSA 1978 (being Laws 1989,
|
0001| Chapter 295, Section 2) is amended to read:
|
0002| "1-24-2. SPECIAL ELECTION PROCEDURES--PROCLAMATION--
|
0003| PUBLICATION.--
|
0004| A. Whenever a special election is to be called or
|
0005| is required by law, the governor or the appropriate
|
0006| governing body shall by resolution issue a public
|
0007| proclamation calling the election. The proclamation shall
|
0008| [forthwith] be filed with the secretary of state or with
|
0009| the appropriate county clerk.
|
0010| B. The proclamation shall specify:
|
0011| (1) the date on which the special election
|
0012| will be held;
|
0013| (2) the purpose for which the special election
|
0014| is called;
|
0015| (3) if officers are to be elected or positions
|
0016| on the governing body are to be filled, the date on which
|
0017| declarations of candidacy are to be filed;
|
0018| (4) if a question is to be voted upon, the
|
0019| [test] text of that question;
|
0020| (5) the precincts in each county in which the
|
0021| election is to be held and the location of each polling
|
0022| place in the precinct;
|
0023| (6) the location of each absentee-early
|
0024| polling place;
|
0025| [(6)] (7) the hours that each polling
|
0001| place will be open; and
|
0002| [(7)] (8) the date and time of closing the
|
0003| registration books by the county clerk as required by law.
|
0004| C. After filing the proclamation with the county
|
0005| clerk and not less than fifty days before the date of the
|
0006| election or twenty days before the date of a special
|
0007| primary election, the governing body shall publish the
|
0008| proclamation once each week for two consecutive weeks in a
|
0009| newspaper of general circulation within the boundaries of
|
0010| the local government or special district. The proclamation
|
0011| shall conform to the requirements of the federal Voting
|
0012| Rights Act of 1965, as amended."
|
0013| Section 11. REPEAL.--Section 1-15-18.1 NMSA 1978 (being
|
0014| Laws 1983, Chapter 232, Section 16) is repealed.
|
0015| Section 12. EMERGENCY.--It is necessary for the public
|
0016| peace, health and safety that this act take effect
|
0017| immediately.
|
0018|
|
0019|
|
0020|
|
0021|
|
0022| FORTY-THIRD LEGISLATURE
|
0023| FIRST SESSION, 1997
|
0024|
|
0025|
|
0001| February 6, 1997
|
0002|
|
0003| Mr. President:
|
0004|
|
0005| Your RULES COMMITTEE, to whom has been referred
|
0006|
|
0007| SENATE BILL 61
|
0008|
|
0009| has had it under consideration and reports same with
|
0010| recommendation that it DO NOT PASS, but that
|
0011|
|
0012| SENATE RULES COMMITTEE SUBSTITUTE FOR
|
0013| SENATE BILL 61
|
0014|
|
0015|
|
0016| DO PASS, and thence referred to the FINANCE COMMITTEE.
|
0017|
|
0018| Respectfully submitted,
|
0019|
|
0020|
|
0021|
|
0022| __________________________________
|
0023| Gloria Howes, Chairman
|
0024|
|
0025|
|
0001| Adopted_______________________ Not Adopted_______________________
|
0002| (Chief Clerk) (Chief Clerk)
|
0003|
|
0004| Date ________________________
|
0005|
|
0006|
|
0007| The roll call vote was 7 For 0 Against
|
0008| Yes: 7
|
0009| No: Altamirano
|
0010| Excused: None
|
0011| Absent: None
|
0012|
|
0013| S0061RU1
|
0014|
|
0015| FORTY-THIRD LEGISLATURE
|
0016| FIRST SESSION, 1997
|
0017|
|
0018|
|
0019| February 22, 1997
|
0020|
|
0021| Mr. President:
|
0022|
|
0023| Your FINANCE COMMITTEE, to whom has been referred
|
0024|
|
0025| SENATE RULES COMMITTEE SUBSTITUTE FOR
|
0001| SENATE BILL 61
|
0002|
|
0003| has had it under consideration and reports same with recommendation
|
0004| that it DO NOT PASS, but that
|
0005|
|
0006| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
|
0007| SENATE RULES COMMITTEE SUBSTITUTE FOR
|
0008| SENATE BILL 61
|
0009|
|
0010| DO PASS.
|
0011| Respectfully submitted,
|
0012|
|
0013|
|
0014|
|
0015| __________________________________
|
0016| Ben D. Altamirano, Chairman
|
0017|
|
0018|
|
0019| Adopted_______________________ Not Adopted_______________________
|
0020| (Chief Clerk) (Chief Clerk)
|
0021|
|
0022|
|
0023| Date ________________________
|
0024|
|
0025|
|
0001| The roll call vote was 7 For 0 Against
|
0002| Yes: 7
|
0003| No: None
|
0004| Excused: Aragon, Carraro, Lyons, Romero
|
0005| Absent: None
|
0006|
|
0007|
|
0008| S0061FC1
|
0009| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
|
0010| SENATE RULES COMMITTEE SUBSTITUTE FOR
|
0011| SENATE BILL 61
|
0012| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020| AN ACT
|
0021| RELATING TO ELECTIONS; PROVIDING FOR A SPECIAL PRIMARY ELECTION
|
0022| FOR THE OFFICE OF UNITED STATES REPRESENTATIVE; AMENDING AND
|
0023| ENACTING SECTIONS OF THE ELECTION CODE; DECLARING AN EMERGENCY.
|
0024|
|
0025| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0001| Section 1. A new section of the Election Code is enacted
|
0002| to read:
|
0003| "[NEW MATERIAL] UNITED STATES REPRESENTATIVE--VACANCY--
|
0004| SPECIAL ELECTION AND SPECIAL PRIMARY ELECTION DUTIES.--
|
0005| A. The secretary of state shall publish the
|
0006| proclamation calling the special primary election and the
|
0007| United States representative special election immediately in
|
0008| two major newspapers of general circulation in the
|
0009| congressional district and shall send an authenticated copy of
|
0010| the proclamation to each county clerk by certified mail or by
|
0011| facsimile.
|
0012| B. Each county clerk shall either publish the
|
0013| proclamation in a newspaper of general circulation in the
|
0014| county or shall print and post the proclamation in English and
|
0015| Spanish in six prominent places in the county."
|
0016| Section 2. A new section of the Election Code is enacted
|
0017| to read:
|
0018| "[NEW MATERIAL] UNITED STATES REPRESENTATIVE--VACANCY--
|
0019| SPECIAL ELECTION AND SPECIAL PRIMARY ELECTION--FILING FEE AND
|
0020| DECLARATION OF CANDIDACY.--A candidate seeking the office of
|
0021| United States representative in a special primary election
|
0022| shall file either a declaration of candidacy accompanied by a
|
0023| filing fee of two hundred eighty dollars ($280) or a
|
0024| declaration of candidacy accompanied by a pauper's statement
|
0025| with the secretary of state. The pauper's statement shall be
|
0001| sworn and subscribed to on a form prescribed by the secretary
|
0002| of state."
|
0003| Section 3. Section 1-6-5 NMSA 1978 (being Laws 1969,
|
0004| Chapter 240, Section 131, as amended by Laws 1993, Chapter 314,
|
0005| Section 43 and also by Laws 1993, Chapter 316, Section 43) is
|
0006| amended to read:
|
0007| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF
|
0008| BALLOT [MAKING] MARKING AND DELIVERY OF BALLOT IN PERSON.--
|
0009| A. The county clerk shall mark each completed
|
0010| absentee ballot application with the date and time of receipt
|
0011| in the clerk's office and enter the required information in the
|
0012| absentee ballot register. The county clerk shall then determine
|
0013| if the applicant is a voter, an absent uniformed services voter or
|
0014| an overseas voter.
|
0015| B. If the applicant has no valid certificate of
|
0016| registration on file in the county and he is not a federal
|
0017| qualified elector or if the applicant states he is a federal
|
0018| qualified elector but his application indicates he is not a
|
0019| federal qualified elector, no absentee ballot shall be issued and
|
0020| the county clerk shall mark the application "rejected" and file
|
0021| the application in a separate file from those accepted.
|
0022| C. The county clerk shall notify in writing each
|
0023| applicant of the fact of acceptance or rejection of his
|
0024| application and, if rejected, shall explain why the application
|
0025| was rejected.
|
0001| D. If the applicant is determined to be a voter or a
|
0002| federal qualified elector, the county clerk shall mark the
|
0003| application "accepted" and deliver or mail to the applicant an
|
0004| absentee ballot and the required envelopes for use in returning
|
0005| the ballot. Acceptance of an application of a federal qualified
|
0006| elector constitutes registration for the election in which the
|
0007| ballot is to be cast. Acceptance of an application from an
|
0008| overseas voter who is not an absent uniformed services voter
|
0009| constitutes a request for changing information on the certificate
|
0010| of registration of any such voter. No absent voter shall be
|
0011| permitted to change his party affiliation during those periods
|
0012| when change of party affiliation is prohibited by the Election
|
0013| Code. Upon delivery or mailing of an absentee ballot to any
|
0014| applicant who is a voter, an appropriate designation shall be made
|
0015| on the signature line of the signature roster next to the name of
|
0016| the person who has been sent an absentee ballot.
|
0017| E. If an application for an absentee ballot is delivered
|
0018| in person to the county clerk and is accepted, the county clerk
|
0019| shall deliver the absentee ballot and it shall be marked by the
|
0020| applicant in a voting booth of a type prescribed by the secretary
|
0021| of state in the courthouse, sealed in the proper envelopes and
|
0022| otherwise properly executed and returned to the county clerk or
|
0023| his authorized representative before the applicant leaves the
|
0024| office of the county clerk. The act of marking the absentee
|
0025| ballot in the office of the county clerk shall be a convenience to
|
0001| the voter in the delivery of the absentee ballot and does not make
|
0002| the office of the county clerk a polling place subject to the
|
0003| requirements of a polling place in the Election Code other than is
|
0004| provided in this subsection. It shall be unlawful to solicit
|
0005| votes, display or otherwise make accessible any posters, signs or
|
0006| other forms of campaign literature whatsoever in the clerk's
|
0007| office. Except as provided in Subsection F of this section,
|
0008| absentee ballots may be marked in person during the regular hours
|
0009| and days of business at the county clerk's office from 8:00 a.m.
|
0010| on the fortieth day preceding the election up until 5:00 p.m. on
|
0011| the Saturday immediately prior to the date of the election. In
|
0012| marking the absentee ballot, the voter may be assisted by one
|
0013| person of the voter's [own] choice upon the execution with the
|
0014| county clerk of an affidavit for assistance stating [therein]
|
0015| that the voter meets at least one of the conditions for receiving
|
0016| such assistance as is set forth by the provisions of Section 1-12-
|
0017| 12 NMSA 1978.
|
0018| F. For a special primary election and a United States
|
0019| representative special election, absentee ballots may be marked in
|
0020| person during the regular hours and days of business at the county
|
0021| clerk's office from 8:00 a.m. on the fourteenth day preceding the
|
0022| election up until 5:00 p.m. on the third day prior to that
|
0023| election.
|
0024| [F.] G. Absentee ballots shall be airmailed or sent
|
0025| by facsimile to applicants temporarily domiciled inside or
|
0001| outside the continental limits of the United States not later than
|
0002| on the Thursday immediately prior to the date of the election.
|
0003| [G.] H. No absentee ballot shall be delivered, sent
|
0004| by facsimile or mailed to any person other than the applicant for
|
0005| such ballot.
|
0006| [H.] I. 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 received by
|
0010| mail or by facsimile if the application is received not less than
|
0011| [thirty] ten days before the election. The county clerk shall
|
0012| also accept and process federal write-in absentee ballots from
|
0013| overseas voters in general elections for federal offices in
|
0014| accordance with the provisions of Section 103 of the federal
|
0015| Uniformed and Overseas Citizens Absentee Voting Act.
|
0016| J. For a special primary election or a United States
|
0017| representative special election, a qualified elector who is a
|
0018| member of the United States armed forces or the United States
|
0019| merchant marine, a family member of that qualified elector, or a
|
0020| qualified elector living outside the United States, may apply for
|
0021| an absentee ballot by facsimile. If the application for an
|
0022| absentee ballot is received not less than ten days before the
|
0023| election, the clerk may send a facsimile absentee ballot to a
|
0024| qualified elector and the qualified elector may return the voted
|
0025| absentee ballot by facsimile."
|
0001| Section 4. Section 1-6-7 NMSA 1978 (being Laws 1969, Chapter
|
0002| 240, Section 133, as amended) is amended to read:
|
0003| "1-6-7. FORM OF ABSENTEE BALLOT.--As soon as candidates and
|
0004| questions to be voted upon have been determined for each election,
|
0005| the county clerk shall procure a supply of suitable absentee
|
0006| ballots. The absentee ballot shall be numbered and shall be, as
|
0007| nearly as practicable, in the same form as prescribed by the
|
0008| secretary of state for emergency ballots. However, to reduce
|
0009| weight and bulk for transport of absentee ballots, the size and
|
0010| weight of the paper for envelopes, ballots and instructions shall
|
0011| be reduced as much as possible. Absentee ballots shall be printed
|
0012| at least forty days prior to the date of a primary election and
|
0013| forty-nine days prior to the date of a general election. Absentee
|
0014| ballots shall be printed and shall be delivered to the county
|
0015| clerk at least sixteen days prior to the date of a special primary
|
0016| election or a United States representative special election.
|
0017| Absentee ballots for any other election shall be printed at least
|
0018| thirty-five days prior to the date of the election."
|
0019| Section 5. Section 1-6A-5 NMSA 1978 (being Laws 1993,
|
0020| Chapter 37, Section 5, as amended) is amended to read:
|
0021| "1-6A-5. PROCESSING APPLICATION.--
|
0022| A. The county clerk shall mark each completed
|
0023| absentee-early application with the date and time of receipt in
|
0024| the clerk's office and enter the required information in the
|
0025| absentee ballot register.
|
0001| B. If the applicant has no valid affidavit of
|
0002| registration on file in the county and he is not a federal
|
0003| qualified elector, he shall not be allowed to vote. The county
|
0004| clerk shall mark the application "rejected" and file the
|
0005| application in a separate file from those accepted.
|
0006| C. If the applicant presents proof of identification and
|
0007| is determined to be a voter or a federal qualified elector, the
|
0008| county clerk shall mark the application "accepted" and deliver a
|
0009| marksense ballot or allow the voter to vote on the
|
0010| direct-recording electronic machine. Upon acceptance of the
|
0011| application, an appropriate designation shall be made on the
|
0012| absentee register.
|
0013| D. Except as provided in Subsection E of this section,
|
0014| absentee-early voting may be done in person during the regular
|
0015| hours of business at the county clerk's office or other locations
|
0016| specified by the county clerk; provided that in class A counties,
|
0017| the county clerk shall establish not less than four alternative
|
0018| locations [as satellite polling places]. Absentee-early voting
|
0019| may be done from 8:00 a.m. on the twentieth day preceding the
|
0020| election up until 5:00 p.m. on the Saturday immediately prior to
|
0021| the date of the election. In voting absentee-early, the voter may
|
0022| be assisted by one person of the voter's [own] choice.
|
0023| E. Absentee-early voting for a special primary election
|
0024| or for a United States representative special election may be done
|
0025| at the county clerk's office or other location specified by the
|
0001| county clerk. Where less than the entire territory of a class A
|
0002| county is included in a district where a special primary election
|
0003| or a United States representative special election will be held,
|
0004| the number of absentee-early alternative locations may be reduced
|
0005| proportionally, at the discretion of the county clerk. Absentee-
|
0006| early voting may be done from 8:00 a.m. on the eleventh day
|
0007| preceding the election up until 5:00 p.m. three days prior to the
|
0008| date of the election. In voting absentee-early, the voter may be
|
0009| assisted by one person of the voter's choice.
|
0010| [E.] F. The secretary of state and county clerk
|
0011| shall make reasonable efforts to publicize and inform voters of
|
0012| the times and locations for absentee-early voting."
|
0013| Section 5. Section 1-8-50 NMSA 1978 (being Laws 1977,
|
0014| Chapter 322, Section 6, as amended) is amended to read:
|
0015| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL [OR UNITED
|
STATES REPRESENTATIVE SPECIAL] ELECTIONS--NOMINATING PETITION
|
0017| FORM.--
|
0018| 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 petition"
|
0020| means the form or forms used for obtaining the required number of
|
0021| signatures of voters [which] that is signed on behalf of the
|
0022| person wishing to become an independent candidate for a political
|
0023| office in a general [or United States representative special]
|
0024| election requiring a nominating petition.
|
0025| B. The nominating petition shall be on paper
|
0001| approximately eight and one-half inches wide and fourteen inches
|
0002| long with numbered lines for signatures spaced approximately
|
0003| three-eighths of an inch apart and shall be in the following form:
|
0004| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY
|
0005| I, the undersigned, a registered voter of the
|
0006| county of ____________________, New Mexico, hereby
|
0007| nominate ___________________________________, who
|
0008| resides at _________________________ in the county of
|
0009| _______________, New Mexico, as an independent
|
0010| candidate for the office of _________________________,
|
0011| to be voted for at the general election [(United
|
States representative special election)] to be held on
|
0013| November _____, 19 _____, and I declare that I am a
|
0014| resident of the state, district, county or area to be
|
0015| represented by the office for which the person being
|
0016| nominated is a candidate. I also declare that I have
|
0017| not signed, and will not sign, any nominating petition
|
0018| for more persons than the number of candidates
|
0019| necessary to fill such office at the next ensuing
|
0020| general election.
|
0021| 1. ______________ _______________ _____________
|
0022| __________
|
0023| (usual (name printed (address as (city)
|
0024| signature) as registered) registered)
|
0025| 2. ______________ _______________ _____________
|
0001| __________
|
0002| (usual (name printed (address as
|
0003| (city)."
|
0004| signature) as registered) registered)
|
0005| C. The secretary of state shall furnish to each
|
0006| county clerk a sample of the nominating petition form, a
|
0007| copy of which shall be made available by the county clerk
|
0008| upon request of any candidate as provided by the Election
|
0009| Code.
|
0010| D. The signature of the voter shall not be counted
|
0011| unless the entire line is filled out in full and is upon the
|
0012| form prescribed by this section.
|
0013| E. When more than one sheet is required for a
|
0014| petition, each of the sheets shall be in the form prescribed
|
0015| by this section, and all sheets shall be firmly secured by a
|
0016| staple or other suitable fastening."
|
0017| Section 6. Section 1-8-52 NMSA 1978 (being Laws 1977,
|
0018| Chapter 322, Section 8, as amended) is amended to read:
|
0019| "1-8-52. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED
|
0020| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING
|
0021| PETITIONS--CIRCULATION--DATE OF FILING.--
|
0022| A. Declarations of independent candidacy [and
|
nominating petitions] for a vacancy in the office of
|
0024| United States representative shall be filed with the
|
0025| [proper filing officer] secretary of state during the
|
0001| period commencing at 9:00 a.m. on the [second Tuesday of
|
July of each even-numbered year] fourteenth day following
|
0003| the issuance of the special primary election proclamation
|
0004| and ending at 5:00 p.m. on that same day [and not later
|
than 5:00 p.m. on the fifty-sixth day preceding any United
|
States representative special election].
|
0007| B. Declarations of independent candidacy and
|
0008| nominating petitions for the office of president of the
|
0009| United States or for any other office to be filled at a
|
0010| general election shall be filed with the proper filing
|
0011| officer during the period commencing at 9:00 a.m. on the
|
0012| fifty-sixth day prior to [the] that general election and
|
0013| ending at 5:00 p.m. on the same day."
|
0014| Section 7. Section 1-12-19.1 NMSA 1978 (being Laws
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0015| 1981, Chapter 156, Section 2, as amended) is amended to
|
0016| read:
|
0017| "1-12-19.1. GENERAL ELECTIONS--WRITE-IN CANDIDATES.--
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0018| A. A person desiring to be a write-in candidate in
|
0019| a general election [a special election for United States
|
representative] or a statewide special election shall file
|
0021| with the proper filing officer a declaration of intent to be
|
0022| a write-in candidate. The declaration of intent shall be
|
0023| filed between 9:00 a.m. and 5:00 p.m. on the sixty-third day
|
0024| immediately preceding the election.
|
0025| B. The form of the declaration of intent shall be
|
0001| prescribed by the secretary of state and shall contain a
|
0002| sworn statement by the candidate that he is qualified to be
|
0003| a candidate for and to hold the office for which he is
|
0004| filing.
|
0005| C. At the time of filing the declaration of intent
|
0006| to be a write-in candidate, the write-in candidate shall be
|
0007| considered a candidate for all purposes and provisions
|
0008| relating to candidates in the Election Code, including the
|
0009| obligation to report under the Campaign Reporting Act,
|
0010| except that he shall not be entitled to have his name
|
0011| printed on the ballot.
|
0012| D. The secretary of state shall, not less than ten
|
0013| days before the general election, certify the names of the
|
0014| declared write-in candidates to the county clerks of every
|
0015| county affected by such candidacy.
|
0016| E. No person shall be a write-in candidate in the
|
0017| general election who was a candidate in the primary election
|
0018| immediately prior to the general election.
|
0019| F. A vote for a write-in candidate shall be
|
0020| counted and canvassed only if:
|
0021| (1) the name written in is the name of a
|
0022| declared write-in candidate and shows two initials and last
|
0023| name; first name, middle initial or name and last name;
|
0024| first and last name; or the full name as it appears on the
|
0025| declaration of intent to be a write-in candidate and
|
0001| misspellings of the above combinations that can be
|
0002| reasonably determined by a majority of the members of the
|
0003| precinct board to identify a declared write-in candidate;
|
0004| and
|
0005| (2) the name is written in the proper office
|
0006| or entered upon the keyboard on the voting machine or on the
|
0007| proper line provided on a marksense ballot, absentee ballot
|
0008| or emergency paper ballot for write-in votes for the office
|
0009| for which the candidate has filed a declaration of intent.
|
0010| G. No unopposed write-in candidate shall have his
|
0011| election certified unless he receives at least the number of
|
0012| write-in votes as he would need signatures on a nominating
|
0013| petition pursuant to the requirements in Section 1-8-33 NMSA
|
0014| 1978.
|
0015| H. A write-in vote shall be cast by writing in the
|
0016| name. As used in this section, "write-in" does not include
|
0017| the imprinting of any name by rubber stamp or similar device
|
0018| or the use of preprinted stickers or labels."
|
0019| Section 8. Section 1-13-16 NMSA 1978 (being Laws 1969,
|
0020| Chapter 240, Section 319, as amended) is amended to read:
|
0021| "1-13-16. POST-ELECTION DUTIES--STATE CANVASS METHOD.--
|
0022| A. The state canvass shall be made from the
|
0023| election returns transmitted directly to the secretary of
|
0024| state from each of the precinct boards and, in the case of
|
0025| candidates voted upon by a district composed of two or more
|
0001| counties, from the certificates transmitted by the county
|
0002| canvassing boards.
|
0003| B. Upon the completion of the canvass, but not
|
0004| sooner than the thirty-first day after any primary, general
|
0005| or district special election, or the tenth day after any
|
0006| special primary election or United States representative
|
0007| special election, the state canvassing board shall issue to
|
0008| those candidates entitled by law the appropriate certificate
|
0009| of election or, in the case of a primary election or
|
0010| special primary election, a certificate of nomination.
|
0011| C. The state canvassing board may designate a
|
0012| person or persons to compare the totals appearing on the
|
0013| election returns, statements of canvass and certificates and
|
0014| to certify the results of their findings to the state
|
0015| canvassing board."
|
0016| Section 9. Section 1-15-18.1 NMSA 1978 (being Laws
|
0017| 1983, Chapter 232, Section 16) is amended to read:
|
0018| "1-15-18.1. UNITED STATES REPRESENTATIVE--VACANCY.--
|
0019| A. Except as provided in Subsection E of this
|
0020| section, ten days after a vacancy occurs in the office of
|
0021| United States representative the governor shall, by
|
0022| proclamation, call a special primary election and a
|
0023| special election [to be held not less than eighty-four nor
|
more than ninety-one days after the date of the vacancy for
|
the purpose of filling the vacancy, except as provided in
|
Subsection E of this section.
|
B. Upon the issuance of the governor's
|
proclamation, each qualified political party may nominate in
|
the manner provided by the rules of that party a candidate
|
to fill the vacancy in the office of United States
|
representative; provided that such nomination is certified
|
to the secretary of state by the state chairman of that
|
party no later than 5:00 p.m. on the fifty-sixth day
|
preceding the date of the special election]. Not more than
|
0010| sixty days after the issuance of the proclamation a special
|
0011| primary election shall be conducted and not more than ninety
|
0012| days after the issuance of the proclamation a United States
|
0013| representative special election shall be conducted in the
|
0014| congressional district in which the vacancy has occurred.
|
0015| B. Major party candidates for the special primary
|
0016| election shall file a declaration of candidacy between the
|
0017| hours of 9:00 a.m. and 5:00 p.m. on the fourteenth day
|
0018| following the issuance of the election proclamation.
|
0019| Nominations by minor political parties may be certified in
|
0020| writing to the secretary of state by the chairman and
|
0021| secretary of the minor party; provided that any
|
0022| certification shall be filed with the secretary of state no
|
0023| less than seven days after the special primary election.
|
0024| C. Declarations of independent candidacy to fill
|
0025| the vacancy in the office of United States representative
|
0001| [and nominating petitions pertaining thereto] shall be
|
0002| [filed with the secretary of state no later than 5:00 p.m.
|
on the fifty-sixth day preceding the date of the special
|
election] made in the manner provided in Section 1-8-52
|
0005| NMSA 1978.
|
0006| D. Special elections called for the purpose of
|
0007| filling a vacancy in the office of United States
|
0008| representative shall be conducted in accordance with the
|
0009| provisions of the Election Code; provided, however, if there
|
0010| is a conflict between this section and other provisions of
|
0011| the Election Code, the provisions of this section shall
|
0012| control.
|
0013| E. If a vacancy occurs in the office of United
|
0014| States representative after the date of the regular
|
0015| primary election and before the date of the general election
|
0016| of that same year, such vacancy shall be filled at that
|
0017| general election of the same year. Candidates seeking the
|
0018| office of United States representative in such general
|
0019| election for the next succeeding term shall be deemed to be
|
0020| candidates for the unexpired term as well, and the candidate
|
0021| elected shall take office upon the certification of the
|
0022| election results."
|
0023| Section 10. EMERGENCY.--It is necessary for the public
|
0024| peace, health and safety that this act take effect
|
0025| immediately.
|
0001|
|