SENATE JOINT RESOLUTION 13

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Mark Moores

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR THE FILLING OF LEGISLATIVE VACANCIES IN MULTICOUNTY DISTRICTS, TO REQUIRE THAT APPOINTED LEGISLATORS BE OF THE SAME POLITICAL PARTY AS VACATING LEGISLATORS AND TO CORRECT PROVISIONS IN ARTICLE 4, SECTION 4 OF THE CONSTITUTION OF NEW MEXICO THAT HAVE BEEN DECLARED UNCONSTITUTIONAL.

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

     SECTION 1. It is proposed to amend Article 4, Section 4 of the constitution of New Mexico to read:

          "A. Members of the legislature shall be elected as follows: [those senators from Bernalillo, Chaves, Curry, DeBaca, Grant, Lea, Lincoln, Luna, Sandoval, San Juan, San Miguel, Socorro, Taos, Torrance, Union and Valencia counties for a term of six years starting January 1, 1961, and after serving such terms shall be elected] senators, each for a term of four years [thereafter; those senators from all other counties for the terms of four years]; and members of the house of representatives, each for a term of two years. [They] Members of the legislature shall be elected on the day provided by law for holding the general election of state officers or representatives in congress.

          B. If a vacancy occurs for any reason in the office of senator or member of the house of representatives [for any reason] and if the legislative district of the senator or member consists of only one county, the board of county commissioners of the county wherein the vacancy occurs shall fill [such] the vacancy by appointment. If such a vacancy occurs and the legislative district of the senator or member consists of more than one county, the board of county commissioners of each of those counties shall nominate one person to fill the vacancy, which person shall be a resident of that county, and the governor shall fill the vacancy by appointment of one of those nominees.

          C. The person appointed to fill a vacancy shall be of the same political party status as the senator or member vacating the office.

     Such legislative appointments as provided in this section shall be for a term ending on December 31, subsequent to the next succeeding general election."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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