SENATE BILL 218

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Howie C. Morales

AN ACT

RELATING TO ELECTIONS; ALLOWING A PROSPECTIVE CANDIDATE FOR CERTAIN OFFICES TO PAY A FILING FEE IN LIEU OF SUBMITTING A NOMINATING PETITION WHEN FILING A DECLARATION OF CANDIDACY.

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

     SECTION 1. A new section of the Primary Election Law is enacted to read:

     "[NEW MATERIAL] FILING FEE IN LIEU OF NOMINATING PETITIONS.--

          A. In lieu of submitting a nominating petition with a declaration of candidacy as required by the provisions of Chapter 1, Article 8 NMSA 1978, a prospective candidate for an office listed in Subsection B of this section may instead pay to the proper filing officer the appropriate filing fee specified in Subsection B of this section. The fee shall be paid when the candidate files a declaration of candidacy with the proper filing officer.

          B. Filing fees for candidates are as follows:

                (1) for the offices of United States senator, United States representative, governor, lieutenant governor, state auditor, state treasurer, attorney general, commissioner of public lands, secretary of state, public regulation commissioner, district attorney and elective judicial offices in the judicial department, one percent of the salary of the office sought; and

                (2) for the offices of state senator and state representative, five hundred dollars ($500).

          C. All fees collected pursuant to this section shall be deposited in the voting system revolving fund."

     SECTION 2. Section 1-8-42 NMSA 1978 (being Laws 1973, Chapter 228, Section 12) is amended to read:

     "1-8-42. PRIMARY ELECTION LAW--PAUPER'S STATEMENT IN LIEU OF FILING FEE.--In the event any candidate is unable to pay the filing fee prescribed by [the Primary Election Law, he] Section 1-8-41 NMSA 1978, the candidate may file a statement with the proper filing officer at the time [he] the candidate files [his] a declaration of candidacy to the effect that [he] the candidate is without financial means to pay such filing fee. The statement shall be sworn and subscribed to on the form prescribed by the secretary of state and furnished to each county clerk and shall be attached by the proper filing officer to the declaration of candidacy."

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