SB0125

SENATE BILL 125

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Daniel A. Ivey-Soto

AN ACT

RELATING TO MINOR POLITICAL PARTIES; PROVIDING PROCEDURES, FILING REQUIREMENTS OR FORMS FOR THE NOMINATION OF CANDIDATES BY MINOR PARTIES IN CERTAIN ELECTIONS AND RECOGNIZED NATIONAL PARTY CANDIDATES IN PRESIDENTIAL ELECTIONS; DECLARING AN EMERGENCY.

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] NOMINATING PETITION FOR CANDIDATE OF AN UNQUALIFIED STATE POLITICAL PARTY--QUALIFICATION AS AN INDEPENDENT CANDIDATE.--The declaration of candidacy and petition signatures submitted to the proper filing officer by a candidate for nomination as a minor party candidate shall be counted toward the requirements for qualification as an independent candidate for the same office in the same election if the candidate's party is not qualified to participate in that election cycle. To qualify as an independent candidate, the candidate must meet all requirements for an independent candidate in Section 1-8-45 NMSA 1978 and submit the required number of petition signatures for an independent candidate as prescribed in Section 1-8-51 NMSA 1978."

SECTION 2. A new section of the Election Code is enacted to read:

"[NEW MATERIAL] RECOGNIZED NATIONAL PARTY CANDIDATES FOR GENERAL ELECTIONS--CANDIDATES FOR PRESIDENT AND VICE PRESIDENT--NOMINEES OF A NATIONAL PARTY THAT IS NOT A QUALIFIED STATE POLITICAL PARTY--DECLARATION OF CANDIDACY--NOMINATING PETITION REQUIREMENTS.--

A. For the purposes of this section, "recognized national party" means a nationally organized political party whose candidates for president and vice president have qualified to appear on the next general election ballot in at least ten other states and that is not a qualified political party in New Mexico in the current election cycle.

B. Nomination as a candidate for president or vice president for a recognized national party shall be made by filing a declaration of candidacy with the proper filing officer. The candidate for president shall also at the same time file a nominating petition signed by a number of voters equal to at least one percent of the total number of votes cast in the state for governor at the last preceding general election at which a governor was elected. The candidate shall not have been a major party candidate in New Mexico for the same office in the current election cycle.

C. In making a declaration of candidacy for president, the candidate shall submit a sworn statement in the following form:

"DECLARATION OF CANDIDACY FOR PRESIDENT

I, ________________ (candidate's name), being duly sworn, say that I desire to become the ________________ party candidate for the office of president of the United States at the general election to be held on the date set by law for this year. I will be eligible and legally qualified to hold this office at the beginning of its term.

The name of my vice presidential running mate is ____________________. The names and addresses of the required number of presidential electors who intend to vote for me and for my vice presidential running mate in the electoral college are:

________________________ ________________________

(name) (name)

________________________ ________________________

(residence address) (residence address)

________________________ ________________________

(mailing address) (mailing address)

________________________ ________________________

(city) (city)

________________________ ________________________

(state and zip code) (state and zip code)

________________________ ________________________

(name) (name)

________________________ ________________________

(residence address) (residence address)

________________________ ________________________

(mailing address) (mailing address)

________________________ ________________________

(city) (city)

________________________ ________________________

(state and zip code) (state and zip code)

________________________

(name)

________________________

(residence address)

________________________

(mailing address)

________________________

(city)

________________________

(state and zip code)

I submit with this statement a nominating petition in the form and manner prescribed by the Election Code. I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable in accordance with the criminal laws of New Mexico.

________________________

(declarant)

________________________

(residence address)

________________________

(mailing address)

________________________

(city)

________________________

(state and zip code)

Subscribed and sworn to me this _________________ day of

__________,______

(year)

_____________________

notary public

My commission expires:

______________________".

D. In making a declaration of candidacy for vice president, the candidate shall submit a sworn statement in the following form:

"DECLARATION OF CANDIDACY FOR VICE PRESIDENT

I, ____________ (candidate's name), being duly sworn, say that I have been selected by the ________________ party as the vice presidential running mate for ______________ and desire to be that candidate for vice president. I will be eligible and legally qualified to hold this office at the beginning of its term.

I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable in accordance with the criminal laws of New Mexico.

_____________________

(declarant)

_____________________

(residence address)

_____________________

(mailing address)

_____________________

(city)

_____________________

(state and zip code)

Subscribed and sworn to me this _____________ day of

_______,________

(year)

________________

(notary public)

My commission expires:

____________________".

E. The presidential electors whom the candidate for president is required to name shall be registered voters of New Mexico; they may or may not be affiliated with a political party in New Mexico. United States senators, United States representatives and persons holding federal offices of trust or profit are not eligible to be electors.

F. When candidates for president and vice president appear on the general election ballot, a vote for that pair of nominees is a vote for that presidential candidate's electors.

G. If the candidates for president and vice president receive the highest number of votes at the general election, the presidential candidate's electors shall be the presidential electors of the state of New Mexico. As such, each elector shall be granted a certificate of election by the state canvassing board, and each elector shall be subject to the provisions of Sections 1-15-5 through 1-15-10 NMSA 1978."

SECTION 3. A new section of the Election Code is enacted to read:

"[NEW MATERIAL] RECOGNIZED NATIONAL PARTY CANDIDATES FOR PRESIDENT AND VICE PRESIDENT--NOMINEES OF A NATIONAL PARTY THAT IS NOT A QUALIFIED STATE POLITICAL PARTY--NOMINATING PETITION FORM.--

A. As used in this section, "recognized national party" means a nationally organized political party whose candidates for president and vice president have qualified to appear on the next general election ballot in at least ten other states and that is not a qualified political party in New Mexico in the current election cycle.

B. The nominating petition for a recognized national party candidate for the office of 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:

"NOMINATING PETITION FOR CANDIDACY

FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES

I, the undersigned, a registered voter of New Mexico, petition that the name of ____________ be printed on the general election ballot as a candidate of the ____________________ party for the office of president of the United States, to be voted on at the general election to be held in November of this year. 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 of the United States at the next ensuing general election.

1. _____________ ______________ ____________ ___________

(usual (name printed (address as (city or zip signature) as registered) registered) code)

2. _____________ ______________ ____________ ___________

(usual (name printed (address as (city or zip signature) as registered) registered) code)".

C. In March of even-numbered years, the secretary of state shall post on the secretary of state's web site and shall furnish a copy of the nomination petition form upon request of any candidate as provided by the Election Code.

D. 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. Section 1-7-1 NMSA 1978 (being Laws 1969, Chapter 240, Section 144) is amended to read:

"1-7-1. POLITICAL PARTIES--CONDITIONS FOR USE OF BALLOT.--All nominations of candidates for public office in New Mexico made by political parties shall be made pursuant to the Election Code. Except for its candidates for president and vice president, no political party shall be permitted to have the names of its candidates printed on any election ballot unless and until it has qualified as provided in the Election Code."

SECTION 5. Section 1-7-2 NMSA 1978 (being Laws 1969, Chapter 40, Section 145, as amended) is amended to read:

"1-7-2. QUALIFICATION--REMOVAL--REQUALIFICATION.--

A. To qualify as a political party in New Mexico, each political party through its governing body shall adopt rules providing for the organization and government of that party and shall file the rules with the secretary of state. Uniform rules shall be adopted throughout the state by the county organizations of that party, where a county organization exists, and shall be filed with the county clerks. At the same time the rules are filed with the secretary of state, the governing body of the political party shall also file with the secretary of state a petition containing the hand-printed names, signatures, addresses of registration and counties of residence of at least one-half of one percent of the total votes cast for the office of governor at the preceding general election who declare by their signatures on the petition that they are voters of New Mexico and that they desire the party to be a qualified political party in New Mexico. Blank petition forms shall be available at any time from the secretary of state.

B. Each county political party organization may adopt supplementary rules insofar as they do not conflict with the uniform state rules or do not abridge the lawful political rights of any person. Such supplementary rules shall be filed with the county clerk and the secretary of state in the same manner as other rules are filed.

C. A qualified political party shall cease to be qualified for the purposes of the Election Code if two successive general elections are held without at least one of the party's candidates on the ballot or if the total votes cast for the party's candidates for governor or president of the United States, provided that the party has a candidate seeking election to either of these offices, in a general election do not equal at least one-half of one percent of the total votes cast for the office of governor or president of the United States, as applicable. No later than March 15 of [an] the odd-numbered [years] year in each election cycle, the secretary of state shall send notice of nonqualification to the state chair of any political party that fails to remain qualified. The notice shall be delivered by registered mail to the last known address of the state chair of the political party, and a copy shall be kept in the secretary of state's file of parties qualified in New Mexico.

D. The secretary of state shall then notify all county clerks of the removal and nonqualification of the political party and shall post the notice on the web site maintained by the secretary of state. The secretary of state shall within forty-five days notify by mail all voters registered as members of such party of the removal and nonqualification of the party.

E. To requalify, the party shall again comply with the provisions of the Election Code dealing with filing requirements for political parties."

SECTION 6. Section 1-7-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 147, as amended) is amended to read:

"1-7-4. RULES AND REGULATIONS--FILING--FEE.--

A. Each political party shall file its rules and regulations within thirty days after its organization and no later than the [first Tuesday in April] day after the primary election before any general election in which it is authorized to participate.

B. Political parties filing rules and regulations with the county clerk shall pay the standard filing fee."

SECTION 7. Section 1-8-1 NMSA 1978 (being Laws 1969, Chapter 240, Section 151, as amended) is amended to read:

"1-8-1. NOMINATING PROCEDURES--MAJOR POLITICAL PARTIES--MINOR POLITICAL PARTIES.--

A. Any major political party in New Mexico, as defined in Section [1-1-9] 1-7-7 NMSA 1978, shall nominate its candidates, other than its presidential candidates, by secret ballot at the next succeeding primary election as prescribed in the Primary Election Law.

B. Any minor political party in New Mexico, as defined in Section [1-1-9] 1-7-7 NMSA 1978, shall nominate candidates for public office in the manner prescribed in its party rules and regulations and according to the provisions of the Election Code."

SECTION 8. Section 1-8-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 152, as amended) is amended to read:

"1-8-2. NOMINATION BY MINOR POLITICAL PARTY--CONVENTION--DESIGNATED NOMINEES.--

A. If the rules of a minor political party require nomination by political convention:

(1) the chair and secretary of the state political convention shall certify to the secretary of state the names of their party's nominees for United States senator, United States representative, all elective state offices, legislative offices elected from multicounty districts, the public regulation commission, all elective judicial officers in the judicial department and all offices representing a district composed of more than one county; and

(2) the chair and secretary of the county political convention shall certify to the county clerk the names of their party's nominees for elected county offices and for legislative offices elected from a district located wholly within one county or that is composed of only one county.

B. The names certified to the secretary of state shall be filed on the twenty-first day following the primary election in the year of the general election and shall be accompanied by a petition containing a list of signatures and addresses of voters totaling not less than one 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]:

(1) in the state for statewide offices; and

(2) in the district for offices other than statewide offices.

The petition shall contain a statement that the voters signing the petition are residents of the [state, district, county or] area to be represented by the office for which the person being nominated is a candidate.

C. The names certified to the county clerk shall be filed on the twenty-first day following the primary election in the year of the general election and shall be accompanied by a petition containing a list of signatures and addresses of voters totaling not less than one 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]:

(1) in the county for countywide offices; and

(2) in the district for offices other than countywide offices.

D. Except in the case of a political party certified the year of the election, persons certified as nominees shall be members of that party before the day the governor issues the primary election proclamation. When a political party is certified the year of the election, persons certified as nominees shall be members of that party before the day the petition is filed pursuant to Sections 1-7-2 and 1-7-4 NMSA 1978 and shall not have been a candidate in a primary election in the same election cycle.

E. No voter shall sign a petition prescribed by this section for more persons than the number of minor party candidates necessary to fill the office at the next ensuing general election."

SECTION 9. TEMPORARY PROVISION--FINDINGS AND PURPOSE.--Whereas, the legislature of the state of New Mexico, being aware of the memorandum opinion and order issued by the United States district court for the district of New Mexico in The Constitution Party of New Mexico v. Duran, Civ. No. 1:12-00325-KG/LFG, (D.N.M. Dec. 9, 2013), passes this legislation with the following findings and stated purpose:

A. the first Tuesday in April deadline for submission of petitions to form a political party having been found unconstitutional, the legislature sets the filing deadline as the day after the primary election for the following reasons:

(1) the filing day for general election candidates to file their nominating petitions is twenty-one days after the primary. This includes minor party candidates, as provided in Subsection B of Section 1-8-2 NMSA 1978; independent candidates, as provided in Subsection A of Section 1-8-52 NMSA 1978; and general election write-in candidates, as provided in Subsection A of Section 1-12-19.1 NMSA 1978; (2) in order for a political party to select its candidates by convention or other rules, it must first be constituted. The April 1 deadline permitted ample time for new political parties to hold a convention or implement another nomination process prior to the filing deadline for candidates. As the April 1 deadline is unconstitutional, a deadline of the day after the primary still permits twenty days for new political parties to select their candidates. The planning for this selection process may begin prior to the submission of qualification petitions, as the new political party may already be in the organizational process prior to filing its qualifying petitions. The legislature also notes that although the deadline to qualify is the last day a nascent political party may file its qualifying petitions, qualifying petitions may be filed at any time. To ensure that those seeking to organize a minor party could begin at any time, the legislature further notes that, in 2011, it amended Subsection A of Section 1-7-2 NMSA 1978 and added the following language at the end of the subsection: "Blank petition forms shall be available at any time from the secretary of state."; and

(3) by fixing the new deadline to be the day after the primary, the legislature is providing maximum opportunity for those seeking to organize a minor party to collect signatures during the early voting and election day voting process for the primary election, which also allows circulators to gather within fifty feet of the door where voters enter and exit for the primary election to obtain petition signatures to qualify as a political party, as provided in Section 1-20-17 NMSA 1978;

B. the legislature has adopted new sections of the Election Code to permit those seeking to be minor party candidates to qualify as independent candidates should their party not be qualified for the following reasons:

(1) previously, because qualifying petitions were due the first Tuesday in April, a candidate seeking to qualify for the general election ballot as a minor party candidate would know if the candidate's political party had been qualified prior to submission of the nominating petitions to the proper filing officer. With the qualification deadline being moved to the day after the primary, a candidate collecting signatures to qualify as a minor party candidate might not know if the candidate's political party will be qualified at the time of submitting nominating petitions; and

(2) in light of this new problem, and desiring to ensure that any potential candidate is not blocked from being able to appear on a ballot during an election cycle, the legislature has amended the Election Code so that if a person files a declaration of candidacy and nominating petitions seeking to be nominated as a minor party candidate for a party that is ultimately not qualified, the declaration of candidacy and nominating petitions will be counted toward qualification as an independent candidate; provided that the person has otherwise qualified to be an independent candidate and has submitted the requisite number of signatures for qualification as an independent candidate;

C. the legislature has adopted new sections of the Election Code to permit nationally recognized minor party candidates for president and vice president to be placed on the ballot in New Mexico even if the minor party is not qualified in this state for the following reasons:

(1) the plaintiffs in the case discussed the organizational challenges of qualifying their party's presidential and vice presidential candidates, who were chosen at a convention in late April 2012;

(2) recognizing that national candidacy movements often occur before state party organizations are in place, the legislature has adopted new sections of the Election Code to allow a national candidate of a political party to appear on the ballot in New Mexico even if the political party is not organized or recognized in this state; and

(3) this not only streamlines the process for the nationally recognized candidate, but also provides an additional twenty days before nominating petitions must be filed with the proper filing officer; and

D. the legislature expresses concern and opposition to moving the filing deadline for any general election candidates to any date later than twenty-one days after the primary election for the following reasons:

(1) although the court's order struck only the deadline for filing qualifying petitions to create a new political party, if that deadline were to be set in July as requested by the plaintiff, that would create an illogical sequence within the Election Code, as the deadline for candidates would then precede the deadline for creation of the political party;

(2) in 2009, congress passed the federal Military and Overseas Voter Empowerment Act, which, among other requirements, mandates that ballots be sent to military and overseas voters no later than forty-five days before an election. In 2010, New Mexico was deemed noncompliant with the new deadline, resulting in a consent decree being entered between the secretary of state and the United States department of justice;

(3) as a result of the new federal deadline, in 2011, the legislature mandated that ballots be prepared not less than fifty-six days before each election, as provided in Section 1-10-4 NMSA 1978;

(4) the secretary of state is permitted thirty-five days to qualify a minor party candidate, as this requires verifying that the candidate is qualified pursuant to the rules of the minor political party and verifying the signatures and addresses on the petitions, as provided in Subsection A of Section 1-8-4 NMSA 1978;

(5) the thirty-fifth day following the filing deadline for general election candidates is just forty-two days before the deadline for preparation of ballots;

(6) a normal part of candidacy qualification is litigation following certification by the proper filing officer. Even before having a hearing in the New Mexico supreme court, allowing ten days for filing a complaint following certification, ten days for holding a hearing in the district court, five days to appeal directly to the supreme court and five days for filing a docketing statement creates a period of time equal to thirty-three calendar days only if every part of the state court system follows Section 1-1-22 NMSA 1978 for calculation of time. Should the court system follow Rule 1-006 NMRA of the Rules of Civil Procedure for the District Courts, the period of time created through litigation is forty-two days;

(7) in either event, the times calculated above do not include the determination by the New Mexico supreme court as to when to hold a hearing or the time the supreme court may take to issue a decision because it is beyond the legislature's authority to determine court rules. (See Ammerman v. Hubbard Broadcasting, Inc., 1976-NMSC-031, Paragraph 19, 89 N.M. 307, 551 P.2d 1354.);

(8) should the federal court determine to move the filing deadline for submitting qualifying petitions to establish a new political party to a date later than the day after the primary election, the minor political party will not have sufficient time to invoke its own nomination process to certify candidates to submit nominating petitions on the twenty-first day following the primary election;

(9) should the federal court determine to move the filing deadline for submitting qualifying petitions to establish a new political party to a date after the twenty-first day following the primary election, the court would create an illogical sequence in the Election Code, requiring candidates to file before their political party is created, or the federal court would have to then also move the filing deadline for minor party candidates to a later date, as well; and

(10) should the federal court determine to move the filing deadline for any general election candidates to a date later than twenty-one days following the primary election, the state might not be able to comply with the deadline to prepare ballots at least fifty-six days before an election and will be in grave danger of failing to comply with federal deadlines for sending votable ballots to military and overseas voters forty-five days before the general election.

SECTION 10. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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