44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO ELECTIONS; CHANGING THE DATE OF THE NEW MEXICO PRESIDENTIAL PRIMARY TO COINCIDE WITH THE WESTERN REGIONAL PRESIDENTIAL PRIMARY; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Presidential Primary Act is enacted to read:

"[NEW MATERIAL] PRESIDENTIAL PRIMARY PROCEDURES--PROCLAMATION--PUBLICATION.--

A. Whenever a presidential primary election is required by law, the governor shall issue a public proclamation calling the election to be held in each county and precinct of the state. The proclamation shall be filed with the secretary of state on the first Friday after the second Monday in November of the year preceding the presidential primary election.

B. The proclamation shall specify:

(1) the date on which the presidential primary will be held;

(2) the dates on which nominations by committee and petition are to be submitted to the secretary of state; and

(3) the date and time of closing of the registration books by the county clerk as required by law.

C. Upon the proclamation being filed, the secretary of state shall immediately:

(1) publish the proclamation for five consecutive days in at least four daily newspapers of general circulation in the state; and

(2) send by certified mail an authenticated copy of the proclamation to each county clerk.

D. The county clerk shall give notice of the election in accordance with the procedures of the Election Code."

Section 2. Section 1-8-54 NMSA 1978 (being Laws 1977, Chapter 230, Section 2) is amended to read:

"1-8-54. PRESIDENTIAL PRIMARY--DATE OF ELECTION.--In the year in which the president and vice president of the United States are to be elected, the registered voters of this state shall be given an opportunity to express their preference for the person to be the presidential candidate of their party. The presidential primary election shall be held on the [same date as the primary election is held in this state] first Friday after the first Monday in March of that year."

Section 3. Section 1-8-55 NMSA 1978 (being Laws 1977, Chapter 230, Section 3) is amended to read:

"1-8-55. CONDUCT OF ELECTION.--The presidential primary election shall be conducted and canvassed [along with and in the] in substantially the same manner provided by law for the conduct and canvassing of the primary election; provided the secretary of state may issue alternative procedures and rules for the conduct of the presidential primary election, including the use of mail ballots and consolidation of precincts."

Section 4. Section 1-8-56 NMSA 1978 (being Laws 1977, Chapter 230, Section 4, as amended) is amended to read:

"1-8-56. NOMINATION BY COMMITTEE.--There shall be convened in Santa Fe a committee consisting of the chief justice of the supreme court, as chairman, the speaker of the house of representatives, [and] the minority floor leader of the house of representatives, the president pro tempore of the senate, the minority floor leader of the senate and the state chairmen of those major political parties participating in the presidential primary. The committee shall nominate as presidential primary candidates, and certify to the secretary of state, not later than [February 15] one hundred twenty days before the presidential primary election, the names of all those generally advocated and nationally recognized or supported by any major political party in the state as candidates of the major political parties participating in the presidential primary for the office of president of the United States."

Section 5. Section 1-8-59 NMSA 1978 (being Laws 1977, Chapter 230, Section 7, as amended) is amended to read:

"1-8-59. VOTING IN PRESIDENTIAL PRIMARY--BALLOT POSITION.--

A. All candidates in the presidential primary shall appear [with the candidates for other offices of their respective parties] at an appropriate place on the ballot. Candidates who are nominated by committee and by petition shall be placed first as a group on the presidential primary ballot with each candidate's respective position in that group determined by [the provisions of the Ballot Positioning Act] lot. The ballot position for the uncommitted category shall be placed last on the presidential primary ballot.

B. The voter shall be able to cast his ballot for one of the presidential candidates of his party or for an uncommitted delegation. A vote of the latter kind shall express the preference for an uncommitted delegation from New Mexico to the national convention of that voter's party."

Section 6. Section 1-23-7 NMSA 1978 (being Laws 1987, Chapter 160, Section 7, as amended) is amended to read:

"1-23-7. MAIL BALLOT ELECTION NOT TO BE COMBINED WITH OTHER ELECTIONS.--Except for presidential primary elections, mail ballot elections shall be used exclusively for voting in those elections specified in Section 1-23-3 NMSA 1978 and shall not be used in connection with elections at which candidates are to be nominated for or elected to office."

Section 7. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the office of the secretary of state for expenditure in fiscal year 2000 to pay the costs of holding the presidential primary election in 2000. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.