HOUSE BILL 742

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO ELECTIONS; CREATING THE ELECTION REFORM TASK FORCE; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     Section 1. ELECTION REFORM TASK FORCE CREATED--MEMBERSHIP--APPOINTMENT--DUTIES.--

          A. The "election reform task force" is created and shall function from the date of its appointment until December 15, 2005.

          B. The task force shall consist of fifteen members as follows:

                (1) three members of the house of representatives shall be appointed by the speaker of the house of representatives and three members of the senate shall be appointed by the president pro tempore of the senate. Members shall be appointed from each house so as to give the two major political parties in each house the same proportional representation on the task force as prevails in each house; however, in no event shall either party have less than one member from each house on the task force;

                (2) the state chairs of the major political parties of the state and of the state county clerks' association or their designees; 

                (3) five members of the general public, three of whom shall be appointed by the governor and two of whom shall be jointly appointed by the president pro tempore of the senate and the speaker of the house of representatives; and

                (4) the secretary of state or the secretary's designee.

          C. The task force may elect a chair and such other officers as it deems necessary to carry out its duties.

          D. Three absences from meetings of the task force shall constitute grounds for removal of a member of the task force. Upon the request of the chair of the task force, the appointing authority shall replace the member who has failed to attend three meetings of the task force.

          E. A majority of the members appointed constitutes a quorum for the transaction of business. The support of a majority of the members appointed is required for adoption of any action by the task force; provided, however, that the final report of the task force, including its recommendations and proposed legislation, must have the support of a majority of the legislative members.

          F. The task force shall develop recommendations for reform of New Mexico's election laws. To carry out this task, the task force shall examine New Mexico's election system, identify its strengths and deficiencies and consider improvements that could be made to address any problem areas. The task force shall submit specific recommendations and proposed legislation to the governor and the New Mexico legislative council no later than December 15, 2005.

          G. The legislative council service shall supply or contract for appropriate staff. Staff shall assist the task force as directed by the chair. The task force may request assistance from the legislative council service to draft appropriate legislation for consideration by the legislature.

          H. Members of the task force shall be reimbursed for per diem and mileage expenses as provided for public officers in the Per Diem and Mileage Act, except for legislators, who shall be reimbursed at the same rate as for service on a legislative interim committee as provided in Section 2-1-9 NMSA 1978.

     Section 2. APPROPRIATION.--Eighty thousand dollars ($80,000) is appropriated from the general fund to the legislative council service for expenditure in fiscal years 2005 and 2006 to carry out the provisions of this act, including staff salaries, expert testimony and reimbursement of the per diem and mileage expenses of the task force. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the general fund.

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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