SENATE BILL 510

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Dianna J. Duran

AN ACT

RELATING TO ELECTIONS; CHANGING REQUIREMENTS FOR REPLACEMENT OF NAMES ON A GENERAL ELECTION BALLOT.

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

     Section 1. Section 1-8-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 157, as amended) is amended to read:

     "1-8-7. VACANCY ON GENERAL ELECTION BALLOT--DEATH OF CANDIDATE OR [RESIGNATION OR DEATH OF] OFFICE HOLDER BEFORE PRIMARY.--

          A. Vacancies on the general election ballot may be filled as provided in Subsection B of this section if after a primary election there is no nominee of a major political party for a public office to be filled in the general election and if the vacancy was caused by:

                (1) the death of a candidate after filing of the declaration of candidacy or after certification as a convention-designated nominee and before the primary election; or

                (2) the [resignation or] death of a person holding a public office after the date for filing a declaration of candidacy or after the date required for certification as a convention-designated nominee, and before the primary election, when such office was not included in the governor's proclamation and is required by law to be filled at the next succeeding general election after the vacancy is created.

          B. The vacancy may be filled subsequent to the primary election by the central committee of the state or county political party, as the case may be, as provided by Subsection A of Section 1-8-8 NMSA 1978. The name of the person to fill the vacancy on the general election ballot shall be filed with the proper filing officer within fifteen days after the primary election, and when so filed, it shall be placed on the general election ballot as the political party's nominee for such office."

     Section 2. Section 1-8-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 158, as amended) is amended to read:

     "1-8-8. VACANCY ON GENERAL ELECTION BALLOT--OCCURRING AFTER PRIMARY.--

          A. If after a primary election a vacancy occurs [for any cause, in the list of nominees] due to the death of a nominee of a qualified political party for any public office to be filled in the general election, or a vacancy occurs because of the [resignation or] death of a person holding a public office not included in the governor's proclamation and which office is required by law to be filled at the next succeeding general election, the vacancy on the general election ballot may be filled by:

                (1) the central committee of the state political party filing the name of its nominee for the office with the proper filing officer when [such] the office is a federal, state, district or multicounty legislative district office; and

                (2) the central committee of the county political party filing the name of its nominee for the office with the proper filing officer when [such] the office is a magistrate, county or a legislative district office where the district is entirely within the boundaries of a single county.

          B. [Appointments] An appointment made pursuant to Subsection A of this section shall be of the same political party affiliation as the original nominee and reside in the district from which [he] the nominee will be elected as shown by [his] the nominee's certificate of registration on file in the county clerk's office before the day of the governor's primary election proclamation.

          C. Appointments to fill vacancies in the list of a political party's nominees shall be made and filed at least [fifty-six days prior to the general election. If the vacancy is caused by the death of a nominee, the central committee may in like manner file the name of its nominee to fill the vacancy up until] five days prior to the general election.

          D. When the name of a nominee is filed as provided in this section, [such] the name shall be placed on the general election ballot as the political party's candidate for that office. In the case of a nominee appointed after the general election ballots are printed, [such] the name shall be placed on the ballot by pasting the printed name of the nominee over the name of the candidate whose vacancy [he] the nominee fills on the general election ballot."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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