SENATE BILL
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Gerald Ortiz y Pino
AN ACT
RELATING TO ELECTIONS; ALLOWING A POLITICAL PARTY TO NOMINATE ANY QUALIFIED CANDIDATE, REGARDLESS OF THE CANDIDATE'S PARTY AFFILIATION, TO RUN UNDER ITS PARTY NAME IN AN ELECTION; ALLOWING A CANDIDATE'S NAME TO APPEAR MORE THAN ONCE ON A BALLOT IF THE CANDIDATE IS THE NOMINEE FOR MORE THAN ONE POLITICAL PARTY; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-1-7.2 NMSA 1978 (being Laws 1973, Chapter 228, Section 5, as amended) is amended to read:
"1-1-7.2. PETITIONS--NOMINATIONS--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 petition does not provide the information required by the nominating petition for each person signing or the person signing:
(1) 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;
(2) has signed more than one petition for the same office, except as provided in Subsection A of this section, and if the person has signed more than one petition for the same office and in the same election cycle, none of the challenged signatures from that person shall count toward the total number of signatures required for any candidate for that office;
(3) has signed one petition more than once, in which case only one signature from that person shall count toward the total number of signatures required for that candidate for office; or
[(4) in a primary election, 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
(5)] (4) is not the person whose name appears on the nominating petition.
D. The procedures set forth in this section shall be used to validate signatures on any petition required by the Election Code [except that 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 2. Section 1-1-26 NMSA 1978 (being Laws 2019, Chapter 212, Section 13) is amended to read:
"1-1-26. PETITIONS--NOMINATIONS--REQUIREMENTS BEFORE SIGNED BY VOTERS--INVALIDATED PETITIONS.--
A. The following information shall be listed in the appropriate space at the top of a nominating petition before the petition has been signed by a voter:
(1) the candidate's name as it appears on the candidate's certificate of registration;
(2) the address where the candidate resides;
(3) the office sought by the candidate;
(4) if the office sought is a districted office or a division within a judicial district or has been assigned a position number for purposes of the election, the district, division or position number of the office sought;
(5) if the office sought will be on the general election ballot, the party [affiliation of the candidate] whose nomination the candidate is seeking or that the candidate is unaffiliated with any qualified political party; and
(6) if the office sought will be nominated at a political party primary, the party affiliation of voters permitted to sign the petition.
B. With or without a showing of fraud or a reasonable opportunity for fraud, a nominating petition page, including all signatures on the petition page, shall be invalid if any of the information required by Subsection A of this section is not listed on the petition before the petition page is signed by a voter or if any of the required information is subsequently changed in any way."
SECTION 3. Section 1-4-16 NMSA 1978 (being Laws 1969, Chapter 240, Section 72, as amended) is amended to read:
"1-4-16. REGISTRATION--WHEN PARTY AFFILIATION SHALL NOT BE MADE.--[A. No] A designation of party affiliation shall not be made or changed on an existing certificate of registration at any time during which registration is closed.
[B. Every person appearing as a candidate on the primary or general election ballot shall be a candidate only under the name and party affiliation designation appearing on the person's existing certificate of registration on file in the county clerk's office on the date of the secretary of state's general election proclamation.]"
SECTION 4. 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-third day following the primary election in the year of the general election and shall be accompanied by nominating petitions containing the signatures of voters totaling not less than one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:
(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 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-third day following the primary election in the year of the general election and shall be accompanied by a nominating petition containing the signatures of voters totaling not less than one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:
(1) in the county for countywide offices; and
(2) in the district for offices other than countywide offices.
The petition shall contain a statement that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate.
[D. Except in the case of a political party certified in the year of the election, persons certified as candidates shall be members of that party on the day the secretary of state issues the general election proclamation.
E. When a political party is certified in the year of the general election, and after the day the secretary of state issues the general election proclamation, a person certified as a candidate shall be:
(1) a member of that party not later than the date the political party filed its rules and qualifying petitions pursuant to Sections 1-7-2 and 1-7-4 NMSA 1978; and
(2) a resident in the district of the office for which the person is a candidate on the date of the secretary of state's proclamation for the general election or in the case of a person seeking the office of United States senator or United States representative, a resident within New Mexico on the date of the secretary of state's proclamation for the general election. No person who is a candidate for a party in a primary election may be certified as a candidate for a different party in the general election in the same election cycle.]
D. If a person nominated as a minor political party's candidate is affiliated with a different party on the person's certificate of registration and is certified as a candidate for that party, the minor political party shall receive authorization from the person to be certified as the minor political party's nominee and shall submit the authorization to the secretary of state, in a form required by the secretary of state, when certifying the party's nominees pursuant to this section.
[F.] E. No voter shall sign a petition prescribed by this section for more persons than the number of candidates necessary to fill the office at the next ensuing general election."
SECTION 5. Section 1-8-3.1 NMSA 1978 (being Laws 2014, Chapter 40, Section 6 and Laws 2014, Chapter 81, Section 6) is amended to read:
"1-8-3.1. 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 files for, but does not obtain status as, a qualified political party 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. [No candidate may circulate petitions for candidacy for more than one political party in an election cycle.]"
SECTION 6. Section 1-8-18 NMSA 1978 (being Laws 1969, Chapter 240, Section 167, as amended) is amended to read:
"1-8-18. PRIMARY ELECTION LAW--WHO MAY BECOME A CANDIDATE.--
A. No person shall become a candidate for nomination by a political party or have the person's name printed on the primary election ballot unless the person's record of voter registration shows
[(1) affiliation with that political party on the date of the secretary of state's general election proclamation; and
(2)] residence in the district of the office for which the person is a candidate on the date of the secretary of state's general election proclamation or in the case of a person seeking the office of United States senator or United States representative, residence within New Mexico on the date of the secretary of state's general election proclamation.
B. A voter may challenge the candidacy of a person seeking nomination by a political party for the reason that the person does not meet the requirements of Subsection A of this section by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy or a statement of candidacy for convention designation. The district court shall hear and render a decision on the matter within ten days after the filing of the petition. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith."
SECTION 7. Section 1-8-21.1 NMSA 1978 (being Laws 1993, Chapter 55, Section 11, as amended) is amended to read:
"1-8-21.1. DESIGNATION OF CANDIDATES BY CONVENTION.--
A. State conventions of major political parties may designate candidates for nomination to statewide office or the office of United States representative.
B. No state convention for designating candidates shall be held later than the second Sunday in March preceding the primary election, and delegates to the convention shall be elected according to state party rules filed in the office of the secretary of state.
C. The state convention shall take only one ballot upon candidates for each office to be filled. Every candidate receiving twenty percent or more of the votes of the duly elected delegates to the convention for the office to be voted upon at the ensuing primary election shall be certified to the secretary of state as a convention-designated nominee for that office by the political party. Certification shall take place no later than 5:00 p.m. on the first Tuesday succeeding the state convention.
D. The certificate of designation submitted to the secretary of state shall state the name of the office for which each person is a candidate, each candidate's name and address and the name of the political party that each candidate represents [and certification that the candidate has been a member of that political party for the period of time required by the Election Code]."
SECTION 8. Section 1-8-27 NMSA 1978 (being Laws 1969, Chapter 240, Section 172, as amended) is amended to read:
"1-8-27. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--MANNER OF FILING.--Each declaration of candidacy, by nominating petition or by preprimary convention designation, shall be delivered for filing in person by the candidate therein named or by a person acting, by virtue of written authorization, solely on the candidate's behalf. [The proper filing officer shall not accept for filing more than one declaration of candidacy from any one individual, except that candidates who seek but fail to receive preprimary convention designation shall file a declaration of candidacy by nomination, according to provisions of the Primary Election Law, to have their names placed on the primary election ballot.]"
SECTION 9. Section 1-8-29 NMSA 1978 (being Laws 1973, Chapter 228, Section 3, as amended) is amended to read:
"1-8-29. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--FORM.--In making a declaration of candidacy by nominating petition or by pre-primary convention designation, the candidate shall submit substantially the following form:
"DECLARATION OF CANDIDACY
BY PRE-PRIMARY CONVENTION DESIGNATION
(OR BY NOMINATING PETITION)
I, ____________________, (candidate's name on certificate of registration) being first duly sworn, say that I reside at ___________________, as shown by my certificate of registration as a voter of Precinct No. __________ of the county of _______________, State of New Mexico;
I am a member of the ____________________ party as shown by my certificate of registration [and I have not changed such party affiliation subsequent to the secretary of state's general election proclamation calling the primary in which I seek to be a candidate];
I desire to become [a] the __________ party candidate for the office of ______________________ at the primary election to be held on the date set by law for this year, and if the office be that of a member of the legislature or that of a member of the public education commission, that I actually reside at the address designated on my certificate of voter registration;
I will be eligible and legally qualified to hold this office at the beginning of its term;
If a candidate for any office for which a nominating petition is required, I am submitting with this statement a nominating petition in the form and manner as prescribed by the Primary Election Law; and
I make the foregoing affidavit under oath, knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico.
_______________________________
(Declarant) _______________________________
(Mailing Address)
_______________________________
(Residence Address)
Subscribed and sworn to before me this _____ day of
_______________, 20 _____.
_________________________
(Notary Public)
My commission expires:
_________________________"."
SECTION 10. Section 1-8-33 NMSA 1978 (being Laws 1973, Chapter 228, Section 7, as amended) is amended to read:
"1-8-33. PRIMARY ELECTION LAW--NOMINATING PETITION-- NUMBER OF SIGNATURES REQUIRED.--
A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated.
B. Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy. Nominating petitions for those candidates shall be signed by a number of voters equal to at least two percent of the total vote of the [candidate's] party whose nomination the candidate is seeking in the state or congressional district, or the following number of voters, whichever is greater:
(1) for statewide offices, two hundred thirty voters; and
(2) for congressional candidates, seventy-seven voters.
C. Nominating petitions for candidates for any other office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least three percent of the total vote of the [candidate's] party whose nomination the candidate is seeking in the district or division, or the following number of voters, whichever is greater:
(1) for metropolitan court and magistrate courts, ten voters; [for the public regulation commission, fifty voters]
(2) for the public education commission, twenty-five voters;
(3) for state representative, ten voters;
(4) for state senator, seventeen voters; and
(5) for district attorney and district judge, fifteen voters.
D. A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures to total at least four percent of the total vote of the [candidate's] party whose nomination the candidate is seeking in the state or congressional district, whichever applies to the office [the candidate seeks] sought, and file a new declaration of candidacy and nominating [petitions] petition for the office for which the candidate failed to receive a preprimary designation. The declaration of candidacy and nominating [petitions] petition shall be filed with the secretary of state either ten days following the date of the preprimary convention at which the candidate failed to receive the designation or on the date all declarations of candidacy and nominating petitions are due pursuant to the provisions of the Primary Election Law, whichever is later."
SECTION 11. Section 1-8-65 NMSA 1978 (being Laws 2014, Chapter 40, Section 7 and Laws 2014, Chapter 81, Section 7) is amended to read:
"1-8-65. MINOR POLITICAL PARTY CANDIDATES FOR GENERAL OR
UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION FORM.--
A. As used in Sections 1-8-2 through 1-8-4 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 a minor political party 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 a minor political party candidate for any office requiring a nominating petition shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures approximately three-eighths inch apart and shall be in the following form:
"NOMINATING PETITION FOR MINOR POLITICAL PARTY CANDIDACY (GENERAL ELECTION)
I, the undersigned, a registered voter of
New Mexico, hereby nominate ___________________, who resides at _______________ in the county of __________________,
New Mexico, for the _______________ party nomination for the office of _______________________ to be voted for at the general election or United States representative special election to be held on _________, and I declare that I am a registered voter of the 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 or at a United States representative special election. I understand that if the [candidate's political] party whose nomination the candidate is seeking does not qualify as a minor political party, the candidate may run as an unaffiliated independent candidate.
1. _____________ _____________ _____________ _____________
(usual signature) (name printed (address as (city or zip as registered) registered) code)
2. _____________ _____________ _____________ _____________
(usual signature) (name printed (address as (city or zip as registered) registered) code)".
D. In March of even-numbered years, the secretary of state shall post on the secretary of state's [web site] website 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."
SECTION 12. Section 1-10-7 NMSA 1978 (being Laws 1977, Chapter 222, Section 30, as amended) is amended to read:
"1-10-7. BALLOTS--NAME SHALL APPEAR BUT ONCE-- EXCEPTIONS.--
A. In a primary or general election, no candidate's name shall appear more than once on the ballot, except in the case of a candidate who is also a candidate for president or vice president of the United States or a candidate who has been nominated for the same elective office by more than one political party.
B. In a regular local election, a candidate's name:
(1) shall not appear more than once to be elected to any position with the same local government; and
(2) may appear more than once to be elected to any position with different local governments."
SECTION 13. A new section of Chapter 1, Article 12 NMSA 1978 is enacted to read:
"[NEW MATERIAL] CONDUCT OF ELECTION--COUNTING AND TALLYING--CANDIDATES NOMINATED BY MORE THAN ONE POLITICAL PARTY.--Votes cast for a candidate who was nominated for the same elective office by more than one political party shall be tallied separately by political party as in the normal course of tallying election results, and then the votes tallied for the candidate shall be combined. The combined total of votes shall be the final tally of the votes received by the candidate and shall be certified as the result of the election for that candidate."
SECTION 14. Section 1-12-37 NMSA 1978 (being Laws 1973, Chapter 358, Section 2, as amended) is amended to read:
"1-12-37. CONDUCT OF ELECTION--VOTING MACHINES--VERIFICATION OF RETURNS.--
A. Two election officials of different parties shall verify that the counter settings registered on the machine-printed returns are legible.
B. The machine-printed returns shall show:
(1) the number of votes cast for each candidate; provided that in the case of a candidate who was nominated for the same elective office by more than one political party, the machine-printed returns shall show the votes cast for the candidate by political party; and
(2) the number of votes cast for and against any constitutional amendment or other question submitted. [and]
C. The return shall be signed by each member of the
[precinct] election board and two watchers of opposing interest, if there be such."
SECTION 15. REPEAL.--
A. Section 1-8-19 NMSA 1978 (being Laws 1975, Chapter 255, Section 106, as amended) is repealed.
B. Laws 2020, Chapter 9, Section 2 and Laws 2020, Chapter 9, Section 5 are repealed.
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