SENATE BILL 321
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Joseph J. Carraro
AN ACT
RELATING TO ELECTIONS; ABOLISHING THE PREPRIMARY CONVENTION DESIGNATION OF CANDIDATES; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 1993; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 1-8-13 NMSA 1978 (being Laws 1969, Chapter 240, Section 162, as amended) is amended to read:
"1-8-13. PRIMARY ELECTION LAW--CONTENTS OF
PROCLAMATION.--The proclamation calling a primary election shall contain:
A. the names of the major political parties participating in the primary election;
B. the offices for which each political party shall nominate candidates; provided that if any law is enacted by the legislature in the year in which the primary election is held and the law does not take effect until after the date of the proclamation but prior to the date of the primary election, the proclamation shall conform to the intent of the law with respect to the offices for which each political party shall nominate candidates;
C. the date on which declarations of candidacy and nominating petitions for United States representative, any office voted upon by all the voters of the state, a legislative office, the office of district judge, district attorney, [state board of] public education commission, public regulation commission or magistrate shall be filed and the places where they shall be filed in order to have the candidates' names printed on the official ballot of their party at the primary election; and
D. the date on and place at which declarations of candidacy shall be filed for any other office and filing fees paid or, in lieu thereof, a pauper's statement of inability to pay.
[E. the final date on and place at which candidates for the office of United States representative and for any statewide office seeking preprimary convention designation by the major parties shall file petitions and declarations of candidacy;
F. the final date on which the major political parties shall hold state preprimary conventions for the designation of candidates; and
G. the final date on and place at which certificates of designation of primary election candidates shall be filed by political parties with the secretary of state.
As used in the Primary Election Law, "statewide office" means any office voted on by all the voters of the state.]"
Section 2. Section 1-8-21 NMSA 1978 (being Laws 1996, Chapter 20, Section 3) is amended to read:
"1-8-21. PRIMARY ELECTION--METHODS OF PLACING NAMES ON PRIMARY BALLOT.--[A.] All candidates seeking primary election nomination [to a statewide office or the office of United States representative shall file declarations of candidacy with the proper filing officer. Candidates shall file nominating petitions at the time of filing their declarations of candidacy. Candidates who seek, but do not obtain, preprimary convention designation by a major political party may file new declarations of candidacy and nominating petitions pursuant to Section 1-8-33 NMSA 1978.
B. Candidates for any other office] shall have their names placed on the primary election ballot by filing declarations of candidacy and nominating petitions with the proper filing officer. Candidates for county office shall also pay filing fees or file the proper paupers' statements at the time of filing declarations of candidacy."
Section 3. Section 1-8-26 NMSA 1978 (being Laws 1975, Chapter 295, Section 12, as amended) is amended to read:
"1-8-26. PRIMARY ELECTION LAW--TIME OF FILING--DOCUMENTS NECESSARY TO QUALIFY FOR BALLOT--CHALLENGE.--
A. Declarations of candidacy [by preprimary convention designation] for any statewide office or for the office of United States representative and declarations of candidacy for retention of a justice of the supreme court or judge of the court of appeals shall be filed with the proper filing officer on the second Tuesday in February of each even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.
B. Declarations of candidacy for any other office and declarations of candidacy for retention for all affected district judicial offices shall be filed with the proper filing officer on the third Tuesday of March of each even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.
[C. Certificates of designation shall be submitted to the secretary of state on the first Tuesday following the preprimary convention at which the candidate's designation took place between the hours of 9:00 a.m. and 5:00 p.m.
D.] C. No candidate's name shall be placed on the ballot until the candidate has been notified in writing by the proper filing officer that the declaration of candidacy, the nominating petition and the certificate of registration of the candidate on file are in proper order and that the candidate, based on those documents, is qualified to have [his] the candidate's name placed on the ballot. The proper filing officer shall mail the notice no later than 5:00 p.m. on the Tuesday following the filing date.
[E.] D. If a candidate is notified by the proper filing officer that [he] the candidate is not qualified to have [his] the candidate's name appear on the ballot, the candidate may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed."
Section 4. Section 1-8-27 NMSA 1978 (being Laws 1969, Chapter 240, Section 172, as amended) is amended to read:
"1-8-27. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--MANNER OF FILING.--Each declaration of candidacy [by nominating petition or by preprimary convention designation] shall be delivered for filing in person by the candidate therein named or by a person acting, by virtue of written authorization, solely on the candidate's behalf. The proper filing officer shall not accept for filing more than one declaration of candidacy from any one individual [except that candidates who seek but fail to receive preprimary convention designation shall file a declaration of candidacy by nomination, according to provisions of the Primary Election Law, to have their names placed on the primary election ballot]."
Section 5. Section 1-8-29 NMSA 1978 (being Laws 1973, Chapter 228, Section 3, as amended by Laws 1993, Chapter 55, Section 5 and by Laws 1993, Chapter 314, Section 46 and also by Laws 1993, Chapter 316, Section 46) is amended to read:
"1-8-29. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--FORM.--In making a declaration of candidacy [by nominating petition or by pre-primary convention designation] the candidate shall submit substantially the following form:
"DECLARATION OF CANDIDACY
[BY PRE-PRIMARY CONVENTION DESIGNATION
(OR BY NOMINATING PETITION)]
I, ____________________, (candidate's name on certificate of registration) being first duly sworn, say that I reside at ___________________, as shown by my certificate of registration as a voter of Precinct No. __________ of the county of _______________, State of New Mexico;
I am a member of the ____________________ party as shown by my certificate of registration and I have not changed such party affiliation subsequent to the governor's proclamation calling the primary in which I seek to be a candidate;
I desire to become a candidate for the office of ______________________ at the primary election to be held on the date set by law for this year, and if the office be that of a member of the legislature or that of a member of the [state board of] public education commission, that I actually reside at the address designated on my certificate of voter registration;
I will be eligible and legally qualified to hold this office at the beginning of its term;
If a candidate for any office for which a nominating petition is required, I am submitting with this statement a nominating petition in the form and manner as prescribed by the Primary Election Law; and
I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico.
_______________________________
(Declarant)
_______________________________
(Mailing Address)
_______________________________
(Residence Address)
Subscribed and sworn to before me this _____ day of
_______________, [19] 20 _____.
_________________________
(Notary Public)
My commission expires:
_________________________"."
Section 6. Section 1-8-33 NMSA 1978 (being Laws 1973, Chapter 228, Section 7, as amended) is amended to read:
"1-8-33. PRIMARY ELECTION LAW--NOMINATING PETITION-- NUMBER OF SIGNATURES REQUIRED.--
A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated.
B. [Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy.] Nominating petitions for [those candidates] a candidate for United States representative or any statewide office shall be signed by a number of voters equal to at least two percent of the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater: for statewide offices, two hundred thirty voters; and for congressional candidates, seventy-seven voters.
C. Nominating petitions for candidates for any other office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least three percent of the total vote of the candidate's party in the district or division, or the following number of voters, whichever is greater: for metropolitan court and magistrate courts, ten voters; for the public regulation commission, fifty voters; for the public education commission, twenty-five voters; for state representative, ten voters; for state senator, seventeen voters; and for district attorney and district judge, fifteen voters."
Section 7. Section 1-8-35 NMSA 1978 (being Laws 1973, Chapter 228, Section 9, as amended) is amended to read:
"1-8-35. PRIMARY ELECTION LAW--NOMINATING PETITION--LIMITATION ON APPEALS OF VALIDITY OF NOMINATING PETITIONS.--
A. Any voter filing any court action challenging a nominating petition provided for in the Primary Election Law shall do so within ten days after the last day for filing the declaration of candidacy [with which the nominating petition was filed]. Within ten days after the filing of the action, the district court shall hear and render a decision on the matter. The decision shall be appealable only to the supreme court, and notice of appeal shall be filed within five days after the decision of the district court. The supreme court shall hear and render a decision on the appeal forthwith.
B. For the purposes of an action challenging a nominating petition, each person filing a nominating petition under the Primary Election Law appoints the proper filing officer as [his] the person's agent to receive service of process. Immediately upon receipt of process served upon the proper filing officer, the officer shall, by certified mail, return receipt requested, mail the process to the person."
Section 8. Section 1-8-40 NMSA 1978 (being Laws 1969, Chapter 240, Section 175, as amended) is amended to read:
"1-8-40. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--FALSE STATEMENT.--Any person knowingly making a false statement in [his] the person's declaration of candidacy [by nominating petition or by preprimary convention designation] is guilty of a fourth degree felony."
Section 9. Section 1-8-43 NMSA 1978 (being Laws 1969, Chapter 240, Section 180, as amended) is amended to read:
"1-8-43. PRIMARY ELECTION LAW--ORDER OF CANDIDATES ON BALLOT.--
[A. Candidates designated and certified by state convention for a statewide office or the office of United States representative shall be placed on the primary election ballot in the order of the vote received at the state convention. The candidate receiving the highest vote shall be placed first in order on the ballot, followed by the candidate receiving the next highest vote, and so on until all the candidates designated for that office have been placed on the ballot, provided that the names of two or more candidates receiving an equal number of votes for designation by convention for the same office shall be placed on the primary ballot in the order determined by lot. Names of candidates for statewide office or the office of United States representative who do not receive preprimary convention designation but who are qualified candidates by declaration of candidacy shall be placed on the ballot as determined by lot following convention designated candidates.
B.] A. The names of candidates [for any other office] in the primary election who are candidates by declaration of candidacy shall be arranged on the ballot as determined by lot.
[C.] B. The determination by lot shall be made immediately following the closing time for filing declarations of candidacy and all candidates or their agents shall be entitled to be present at such time.
[D.] C. The order of preference for position on the ballot shall be first, the top name position on the left-hand column for each office, and thereafter, consecutively down each name position in that column to the last name position. If the number of candidates filing for the office so requires, the order of preference shall continue consecutively from the top name position on the left-hand column to the top name position on the right-hand column, thence to the second name position on the left-hand column, then to the second name position on the right-hand column and thereafter continuing in the same manner until all the candidates are positioned on the ballot."
Section 10. Section 1-19-26 NMSA 1978 (being Laws 1979, Chapter 360, Section 2, as amended) is amended to read:
"1-19-26. DEFINITIONS.--As used in the Campaign Reporting Act:
A. "advertising campaign" means an advertisement or series of advertisements used for a political purpose and disseminated to the public either in print, by radio or television broadcast or by any other electronic means, including telephonic communications, and may include direct or bulk mailings of printed materials;
B. "anonymous contribution" means a contribution the contributor of which is unknown to the candidate or [his] the candidate's agent or the political committee or its agent who accepts the contribution;
C. "bank account" means an account in a financial institution located in New Mexico;
D. "campaign committee" means two or more persons authorized by a candidate to raise, collect or expend contributions on the candidate's behalf for the purpose of electing [him] the candidate to office;
E. "candidate" means an individual who seeks or considers an office in an election covered by the Campaign Reporting Act, including a public official, who either has filed a declaration of candidacy or nominating petition or:
(1) for a nonstatewide office, has received contributions or made expenditures of one thousand dollars ($1,000) or more or authorized another person or campaign committee to receive contributions or make expenditures of one thousand dollars ($1,000) or more for the purpose of seeking election to the office; or
(2) for a statewide office, has received contributions or made expenditures of two thousand five hundred dollars ($2,500) or more or authorized another person or campaign committee to receive contributions or make expenditures of two thousand five hundred dollars ($2,500) or more for the purpose of seeking election to the office or for candidacy exploration purposes in the years prior to the year of the election;
F. "contribution" means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for a political purpose, including payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee;
G. "deliver" or "delivery" means to deliver by certified or registered mail, telecopier, electronic transmission or facsimile or by personal service;
H. "election" means any primary, general or statewide special election in New Mexico and includes county and judicial retention elections but excludes municipal, school board and special district elections;
I. "election year" means an even-numbered year in which an election covered by the Campaign Reporting Act is held;
J. "expenditure" means a payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value for a political purpose, including payment of a debt incurred in an election campaign [or pre-primary convention], but does not include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee;
K. "person" means an individual or entity;
L. "political committee" means two or more persons, other than members of a candidate's immediate family or campaign committee or a husband and wife who make a contribution out of a joint account, who are selected, appointed, chosen, associated, organized or operated primarily for a political purpose; and political committee includes:
(1) political action committees or similar organizations composed of employees or members of any corporation, labor organization, trade or professional association or any other similar group that raises, collects, expends or contributes money or any other thing of value for a political purpose;
(2) a single individual [who by his] whose actions [represents] represent that [he] the individual is a political committee; and
(3) a person or an organization of two or more persons that within one calendar year expends funds in excess of five hundred dollars ($500) to conduct an advertising campaign for a political purpose;
M. "political purpose" means influencing or attempting to influence an election [or pre-primary convention], including a constitutional amendment or other question submitted to the voters;
N. "prescribed form" means a form or electronic format prepared and prescribed by the secretary of state;
O. "proper filing officer" means either the secretary of state or the county clerk as provided in Section 1-19-27 NMSA 1978;
P. "public official" means a person elected to an office in an election covered by the Campaign Reporting Act or a person appointed to an office that is subject to an election covered by that act;
Q. "reporting individual" means every public official, candidate or treasurer of a campaign committee and every treasurer of a political committee; and
R. "statement of exception" or "statement" means the prescribed form subscribed and sworn to by a candidate to indicate that the candidate does not intend to raise or expend the minimum amount required for the filing of a report of expenditures and contributions as provided in Section 1-19-33 NMSA 1978."
Section 11. REPEAL.--Sections 1-8-21.1 and 1-8-39.1 NMSA 1978 (being Laws 1993, Chapter 55, Sections 11 and 10) are repealed.
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