SENATE BILL 222
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Jacob Candelaria
AN ACT
RELATING TO ELECTIONS; MODIFYING NOMINATING PETITION FORMS; CHANGING REQUIREMENTS FOR THE INVALIDATION OF NOMINATING PETITIONS; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-8-30 NMSA 1978 (being Laws 1973, Chapter 228, Section 4, as amended) is amended to read:
"1-8-30. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--NOMINATING PETITION--FILING AND FORM.--
A. As used in the Primary Election Law, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters, which is signed on behalf of the person wishing to become a candidate for a political office in the primary election requiring a nominating petition.
B. In making a declaration of candidacy, the candidate at the same time shall file a nominating petition, which shall be on the form prescribed by law.
C. The nominating petition shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:
"I confirm that I collected the signatures on this nominating petition.
__________ ____________ ______________ __________
(signature) (printed name) (address) (city or zip code)
NOMINATING PETITION
I, the undersigned, a registered voter of New Mexico, and a member of the _______________ party, hereby nominate ____________________ [who resides at __________________ in the county of _______________, New Mexico] for the party nomination for the office of ________________________ in district or division number ___ (if any), to be voted for at the next primary election [to be held on _____], and I declare that I am a registered voter of the [state, district, county or] area to be represented by the office for which the person being nominated is a candidate. I also declare that I have not signed, and will not sign, any nominating petition for more persons than the number of candidates necessary to fill such office at the next ensuing general election.
1. _________ __________ ________ __________ ________
(usual (name printed (year of (address as (city or
signature) as registered) birth) registered) zip code)
2. _________ __________ ________ __________ ________
(usual (name printed (year of (address as (city or
signature) as registered) birth) registered) zip code).".
D. In October of odd-numbered years, the secretary of state shall post on the secretary of state's web site and shall furnish to each county clerk a sample of a nominating petition form, a copy of which shall be made available by the county clerk upon request of any candidate.
[E. When more than one sheet is required for a petition, each of the sheets shall be in the form prescribed by this section and all sheets shall be firmly secured by a staple or other suitable fastening.]"
SECTION 2. Section 1-8-31 NMSA 1978 (being Laws 1973, Chapter 228, Section 5, as amended) is amended to read:
"1-8-31. [PRIMARY ELECTION LAW] NOMINATING PETITION--SIGNATURES TO BE COUNTED.--
A. A person who signs a nominating petition shall sign only one petition for the same office unless more than one candidate is to be elected to that office, and in that case, a person may sign not more than the number of nominating petitions equal to the number of candidates to be elected to the office.
B. A person who signs a nominating petition shall indicate the person's registration address. If the person does not have a standard street address, the person may provide the mailing address as shown on the person's certificate of registration.
C. A signature shall be counted on a nominating petition unless there is evidence presented that the person signing:
[(1) was not a registered member of the candidate's political party ten days prior to the filing of the nominating petition;
(2)] (1) failed to provide information required by the nominating petition;
[(3)] (2) is not a voter of the [state, district, county or] area to be represented by the office for which the person seeking the nomination is a candidate;
[(4)] (3) has signed more than one petition for the same office, except as provided in Subsection A of this section, or has signed one petition more than once;
[(5)] (4) is not of the same political party as the candidate named in the nominating petition as shown by the signer's certificate of registration; or
[(6)] (5) is not the person whose name appears on the nominating petition.
D. The following information shall be listed in the appropriate space at the top of the nominating petition before the petition has been signed by any voter:
(1) the signature of the person collecting signatures on the petition, along with the person's printed name, address and city or zip code;
(2) the party affiliation of voters signing the petition;
(3) the candidate's name [the candidate's address, the candidate's county of residence and];
(4) the office sought by the candidate [which shall include]; and
(5) the district or division of the office sought, if [applicable] the office sought is a judicial division office elected at large within a judicial district.
E. With or without a showing of bad faith, fraud or reasonable opportunity for fraud, a nominating petition, including all signatures on the petition page, shall be invalid if any of the [preceding] information required by Subsection D of this section is not listed on the petition before the petition is signed by a voter or if any of the [preceding] required information is altered.
[E.] F. The procedures set forth in this section shall be used to validate signatures on any petition required by the Election Code, except that [Paragraphs (1) and (5)] Paragraph (4) of Subsection C of this section shall not apply to petitions filed by unaffiliated candidates or petitions filed by candidates of minor political parties."
SECTION 3. Section 1-8-50 NMSA 1978 (being Laws 1977, Chapter 322, Section 6, as amended) is amended to read:
"1-8-50. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION FORM.--
A. As used in Sections 1-8-45 through 1-8-52 NMSA 1978, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters that is signed on behalf of the person wishing to become an independent candidate for a political office in a general or United States representative special election requiring a nominating petition.
B. In making a declaration of candidacy, the candidate shall file a nominating petition at the same time, which shall be on forms prescribed by law.
C. The nominating petition for an independent candidate for any office, except United States representative in a special election or president of the United States, shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:
"I confirm that I collected the signatures on this nominating petition.
__________ ____________ ______________ __________
(signature) (printed name) (address) (city or zip
code)
NOMINATING PETITION FOR INDEPENDENT CANDIDACY
I, the undersigned, a registered voter of New Mexico, hereby nominate ____________________________ [who resides at
_________________________ in the county of _______________, New Mexico] as an independent candidate for the office of _________________________ in district or division number ___ (if any), to be voted for at the next general election, [or United States representative special election to be held on ________________,_______
(month) (day) (year)] and I declare that I am a registered voter of the state, district, county or area to be represented by the office for which the person being nominated is a candidate. I also declare that I have not signed, and will not sign, any nominating petition for more persons than the number of candidates necessary to fill the office at the next ensuing general election [or at a United States representative special election].
1. _________ __________ ________ __________ ________
(usual (name printed (year of (address as (city or
signature) as registered) birth) registered) zip code)
2. _________ __________ ________ __________ ________
(usual (name printed (year of (address as (city or
signature) as registered) birth) registered) zip code).".
D. The nominating petition for an independent candidate for United States representative in a special election shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:
"I confirm that I collected the signatures on this nominating petition.
__________ ____________ ______________ __________
(signature) (printed name) (address) (city or zip code)
NOMINATING PETITION FOR INDEPENDENT CANDIDACY FOR
UNITED STATES REPRESENTATIVE IN A SPECIAL ELECTION
I, the undersigned, a registered voter of New Mexico, hereby nominate ____________________ as an independent candidate for the office of United States representative, to be voted for at the United States representative special election to be held on ___________________ (month/day/year), and I declare that I am a registered voter of the district to be represented by the office for which the person being nominated is a candidate. I also declare that I have not signed, and will not sign, any nominating petition for more persons than the number of candidates necessary to fill the office at the next ensuing United States representative special election.
1. _________ __________ ________ __________ ________
(usual (name printed (year of (address as (city or
signature) as registered) birth) registered) zip code)
2. _________ __________ ________ __________ ________
(usual (name printed (year of (address as (city or
signature) as registered) birth) registered) zip code).".
[D.] E. The nominating petition for an independent candidate for the office of president and vice president of the United States shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:
"I confirm that I collected the signatures on this nominating petition.
__________ ____________ ______________ __________
(signature) (printed name) (address) (city or zip
code)
NOMINATING PETITION FOR INDEPENDENT CANDIDACY FOR
THE OFFICE OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES
I, the undersigned, a registered voter of New Mexico, by endorsement hereon, petition that the [name] names of ____________ be printed on the general election ballot as [an] independent [candidate] candidates for the office of president and vice president of the United States, respectively, to be voted on at the next general election [to be held on November _________, _____]. I also declare that I am that person whose name appears hereon and that I have not signed, nor will I sign, any nominating petition for any other candidate seeking the office of president or vice president of the United States at the next ensuing general election.
1. _________ __________ ________ __________ ________
(usual (name printed (year of (address as (city or
signature) as registered) birth) registered) zip code)
2. _________ __________ ________ __________ ________
(usual (name printed (year of (address as (city or
signature) as registered) birth) registered) zip code).".
[E.] F. In March of even-numbered years, the secretary of state shall post on the secretary of state's web site and shall furnish to each county clerk a sample of the nominating petition form, a copy of which shall be made available by the county clerk upon request of any candidate as provided by the Election Code.
[F. When more than one sheet is required for a petition, each of the sheets shall be in the form prescribed by this section, and all sheets shall be firmly secured by a staple or other suitable fastening.]"
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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