SENATE BILL 576

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR FREE SPEECH RIGHTS OF CANDIDATES FOR JUDICIAL OFFICE.

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] JUDICIAL FREE SPEECH RIGHTS.--

          A. Notwithstanding any provision of the code of judicial conduct to the contrary, a candidate for judicial office retains all constitutionally protected rights of free speech during the campaign and election process.

          B. A judicial candidate may exercise the candidate's free speech rights by discussing controversies or issues that are relevant to voters in an election.

          C. A canon of judicial conduct shall not prohibit judicial speech based on its content."

- 2 -