HOUSE BILL 350

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Javier Martínez

 

 

 

 

 

AN ACT

RELATING TO ELECTIONS; PROVIDING FOR THE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON THE SECOND TUESDAY IN JANUARY IN THE YEAR IN WHICH THE PRESIDENT OF THE UNITED STATES IS ELECTED; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

 

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

     SECTION 1. Section 1-10-8 NMSA 1978 (being Laws 2019, Chapter 212, Section 103) is amended to read:

     "1-10-8. BALLOTS--ORDER OF OFFICES AND BALLOT QUESTIONS.--

          A. In the year in which the president of the United States is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order:

                [(1) in a presidential primary, president;

                (2)] (1) in a general election, president and vice president as a ticket;

                [(3)] (2) United States senator;

                [(4)] (3) United States representative;

                [(5)] (4) state senator;

                [(6)] (5) state representative;

                [(7)] (6) supreme court;

                [(8)] (7) court of appeals;

                [(9)] (8) public regulation commission districts with odd-numbered designations;

                [(10)] (9) public education commission districts with odd-numbered designations;

                [(11)] (10) district court;

                [(12)] (11) metropolitan court;

                [(13)] (12) county clerk;

                [(14)] (13) county treasurer; and

                [(15)] (14) county commission districts and positions with odd-numbered designations.

          B. In the year in which the governor is elected, the ballot in a primary election and general election shall contain, when applicable, partisan offices to be voted on in the following order:

                (1) United States senator;

                (2) United States representative;

                (3) in a major political party primary, governor;

                (4) in a major political party primary, lieutenant governor;

                (5) in a general election, governor and lieutenant governor as a ticket;

                (6) secretary of state;

                (7) attorney general;

                (8) state auditor;

                (9) state treasurer;

                (10) commissioner of public lands;

                (11) state representative;

                (12) supreme court;

                (13) court of appeals;

                (14) public regulation commission districts with even-numbered designations;

                (15) public education commission districts with even-numbered designations;

                (16) district court;

                (17) district attorney;

                (18) metropolitan court;

                (19) magistrate court;

                (20) county sheriff;

                (21) county assessor;

                (22) county commission districts and positions with even-numbered designations; and

                (23) probate judge.

          C. The ballot in a regular local election shall contain, when applicable, nonpartisan offices to be voted on in the following order:

                (1) municipal, with elective executive officers listed first, governing board members listed second and judicial officers listed third;

                (2) board of education of a school district;

                (3) community college, branch community college, technical and vocational institute district or learning center district; and

                (4) special districts listed in order by voting population of each special district, with the most populous listed first and the least populous listed last.

          D. The ballot in a statewide election shall contain, when applicable, nonpartisan judicial retention and in a statewide or special election, when applicable, ballot questions to be voted on in the following order, unless a different order is prescribed by the secretary of state:

                (1) judicial retention;

                (2) proposed state constitutional amendments;

                (3) other state ballot questions;

                (4) county ballot questions; and

                (5) local government ballot questions listed in the same order as the list of local governments in Subsection C of this section.

          E. When multiple positions for the same nonjudicial office are listed on the same ballot and each position is to be elected individually:

                (1) offices designated by district number shall appear on the ballot in ascending numerical order of the districts;

                (2) offices not designated by district number shall appear on the ballot in ascending numerical order of the position; provided that the secretary of state shall numerically designate the positions on the ballot as "position one", "position two" and such additional consecutively numbered positions as are necessary, and only one member shall be elected for each position; and

                (3) whenever two or more positions for the same office are to be elected to represent the same area with terms of different lengths of time, the secretary of state shall first group the offices with the shorter length of time and shall designate each position with "for a term expiring ___", specifying the date the term expires.

          F. When multiple positions for the same judicial office are listed on the same ballot and each position is to be elected or voted on individually:

                (1) district, metropolitan and magistrate court positions, either for partisan election or for nonpartisan judicial retention, shall appear on the ballot in ascending numerical order of the division number assigned to each position;

                (2) supreme court and court of appeals for partisan election shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the date of the vacancy causing the position to be listed on the ballot; provided that if multiple vacancies occurred on the same day, the positions shall appear on the ballot based on the order of seniority of the justice or judge who vacated the position, with the highest seniority listed first; and

                (3) supreme court and court of appeals for nonpartisan judicial retention shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the seniority of the justice or judge seeking retention, with the highest seniority listed first."

     SECTION 2. Section 1-15A-2 NMSA 1978 (being Laws 1977, Chapter 230, Section 2, as amended) is amended to read:

     "1-15A-2. PRESIDENTIAL PRIMARY--DATE OF ELECTION.--In the year in which the president and vice president of the United States are to be elected, the registered voters of this state shall be given an opportunity to express their preference for the person to be the presidential candidate of their political party in either a presidential primary election or in accordance with the selection procedure for presidential candidates of each voter's party. The presidential primary election shall be held on the [same date as the primary election is held in this state] second Tuesday in January in the year in which the president and vice president of the United States are to be elected."

     SECTION 3. Section 1-15A-3 NMSA 1978 (being Laws 2003, Chapter 300, Section 3, as amended) is amended to read:

     "1-15A-3. SELECTION OF NATIONAL CONVENTION DELEGATES BY MAJOR POLITICAL PARTIES--USE OF ALTERNATE SELECTION PROCEDURES--CERTIFICATION.--

          A. If a major political party chooses not to participate in the presidential primary, it shall:

                (1) notify the secretary of state at least thirty days before the [governor] secretary of state is required to issue the proclamation of the presidential primary election; and

                (2) allow anyone who would otherwise be qualified to vote in that party's primary to participate in the party's selection procedure.

          B. The state chair of a major political party that does not participate in the presidential primary shall certify to the secretary of state the names of the state party's delegates to the party's national convention, and those delegates shall file a declaration of acceptance in accordance with Section 1-15A-10 NMSA 1978."

     SECTION 4. Section 1-15A-4 NMSA 1978 (being Laws 1977, Chapter 230, Section 3) is amended to read:

     "1-15A-4. PROCLAMATION--CONDUCT OF ELECTION.--

          A. The secretary of state shall issue a public proclamation calling a presidential primary election to be held in each county and precinct of the state on the date prescribed by Section 1-15A-2 NMSA 1978. The proclamation shall be filed by the secretary of state in the office of the secretary of state on the last Monday in August of each odd-numbered year preceding the year in which the presidential primary election is conducted.

          B. The presidential primary election shall be conducted and canvassed [along with and] in the manner provided by law for the conduct and canvassing of the primary election."

     SECTION 5. Section 1-15A-5 NMSA 1978 (being Laws 1977, Chapter 230, Section 4, as amended) is amended to read:

     "1-15A-5. NOMINATION BY COMMITTEE.--There shall be convened in Santa Fe a committee consisting of the chief justice of the supreme court, as [chairman] chair, the speaker of the house of representatives, [and] the minority floor leader of the house of representatives, the president pro tempore of the senate, the minority floor leader of the senate and the state [chairmen] chairs of those major political parties participating in the presidential primary. The committee shall nominate as presidential primary candidates, and certify to the secretary of state, not later than [February 15] September 15 before the presidential primary election, the names of all those generally advocated and nationally recognized or supported by any major political party in the state as candidates of the major political parties participating in the presidential primary for the office of president of the United States."

     SECTION 6. Section 1-15A-8 NMSA 1978 (being Laws 1977, Chapter 230, Section 7, as amended) is amended to read:

     "1-15A-8. VOTING IN PRESIDENTIAL PRIMARY--BALLOT POSITION.--

          A. [All candidates in the presidential primary shall appear with the candidates for other offices of their respective parties at an appropriate place on the ballot.] Candidates who are nominated by committee and by petition shall be placed first as a group on the presidential primary ballot with each candidate's respective position [in that group determined by the provisions of the Ballot Positioning Act] as provided in Section 1-10-8.1 NMSA 1978. The ballot position for the uncommitted category shall be placed last on the presidential primary ballot.

          B. The voter shall be able to cast [his] a ballot for one of the presidential candidates of [his] the voter's party or for an uncommitted delegation. A vote of the latter kind shall express the preference for an uncommitted delegation from New Mexico to the national convention of that voter's party."

     SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.

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