SENATE BILL 198

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Joseph J. Carraro

AN ACT

RELATING TO ELECTIONS; PROHIBITING MAJOR POLITICAL PARTIES FROM CHARGING MEMBERS FEES TO VOTE FOR DELEGATES TO PARTY CONVENTIONS OR SELECTION OF A PARTY'S CANDIDATES FOR A PRIMARY OR GENERAL ELECTION; CHANGING THE DEFINITION OF "MAJOR POLITICAL PARTY".

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

     Section 1. A new section of the Election Code is enacted to read:

     "[NEW MATERIAL] MAJOR POLITICAL PARTIES--RULES--SELECTION OF PARTY CANDIDATES.--The rules of a major political party shall not permit any type of fee, admission charge or contribution requirement to be imposed on a member of the party as a precondition for that member to be eligible to vote for or be a delegate to a party convention or to vote for selection of the party's candidates for a primary or general election. A general party membership fee that applies equally to all members of the party shall not be considered such a precondition."

     Section 2. Section 1-1-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 8, as amended) is amended to read:

     "1-1-9. MAJOR POLITICAL PARTY--MINOR POLITICAL PARTY.--As used in the Election Code:

          A. "major political party" means any qualified political party:

                (1) any of whose candidates received as many as five 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; [and]

                (2) whose membership totals not less than one-third of one percent of the statewide registered voter file on the day of the governor's primary election proclamation; and

                (3) whose rules are otherwise in accordance with the requirements of Chapter 1, Article 7 NMSA 1978; and

          B. "minor political party" means any qualified political party, none of whose candidates received five percent or more 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."

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