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