HOUSE BILL 436

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

Mary Helen Garcia







AN ACT

RELATING TO ELECTIONS; CLARIFYING FILING REQUIREMENTS FOR MINOR PARTY CANDIDATES.



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

Section 1. Section 1-8-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 152, as amended) is amended to read:

"1-8-2. NOMINATION BY MINOR POLITICAL PARTY--CONVENTION- DESIGNATED NOMINEES.--

A. If the rules [and regulations] of a minor political party require nomination by political convention:

(1) the chairman and secretary of the state political convention shall certify to the secretary of state the names of their party's nominees for United States senator, United States representative, all elective state offices, legislative offices elected from multicounty districts, the public regulation commission, all elective judicial officers in the judicial department and all offices representing a district composed of more than one county; and

(2) the chairman and secretary of the county political convention shall certify to the county clerk the names of their party's nominees for elected county offices and for legislative offices elected from a district located wholly within one county or that is composed of only one county.

B. The names certified to the secretary of state shall be filed on the second Tuesday in July in the year of the general election and shall be accompanied by [a] each candidate's declaration of candidacy and petition containing a list of signatures and addresses of voters totaling not less than one percent of the total number of votes cast at the last preceding general election for the office of governor or president of the United States, as the case may be:

(1) in the state for statewide offices; and

(2) in the district for offices other than statewide offices.

[The petition shall contain a statement that the voters signing the petition are residents of the state, district, county or area to be represented by the office for which the person being nominated is a candidate.]

C. The names certified to the county clerk shall be filed on the second Tuesday in July in the year of the general election and shall be accompanied by [a] each candidate's declaration of candidacy and petition containing a list of signatures and addresses of voters totaling not less than one percent of the total number of votes cast at the last preceding general election for the office of governor or president of the United States, as the case may be:

(1) in the county for countywide offices; and

(2) in the district for offices other than countywide offices.

D. [The] A petition shall contain a statement that the voters signing the petition are residents of the state, district, county or area to be represented by the office for which the person being nominated is a candidate.

[D.] E. Persons certified as nominees shall be members of that party before the day the governor issues the primary election proclamation.

[E. No] F. A voter shall not sign [any] a petition prescribed by this section for more persons than the number of minor party candidates necessary to fill the office at the next ensuing general election."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.

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