SENATE BILL 331

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Bill Tallman

 

 

 

 

 

AN ACT

RELATING TO ELECTION OFFICIALS; REQUIRING AN ADDITIONAL OATH OF OFFICE FOR THE SECRETARY OF STATE AND COUNTY CLERKS TO CARRY OUT THEIR DUTIES IN A FAIR AND NEUTRAL MANNER; PROHIBITING THE SECRETARY OF STATE AND COUNTY CLERKS FROM RUNNING FOR A DIFFERENT OFFICE DURING THEIR TERM OR FOR TWO YEARS THEREAFTER OR PARTICIPATING IN OFFICIAL DECISION MAKING THAT WOULD BENEFIT THE PERSON'S REELECTION CAMPAIGN; PROHIBITING THE SECRETARY OF STATE AND COUNTY CLERKS FROM PUBLICLY ENDORSING CANDIDATES FOR ELECTIVE OFFICE.

 

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

     SECTION 1. A new section of Chapter 4, Article 40 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] OATH OF OFFICE.--In addition to the oath of office required pursuant to Article 20, Section 1 of the constitution of New Mexico, a person elected or appointed to the office of county clerk shall take and subscribe to an oath or affirmation that the person will execute the duties of the office in a fair and neutral manner, provide equal and ample opportunity for all eligible citizens to register to vote, if registration is required by law, and to vote and ensure that the results of elections accurately reflect all valid votes."

     SECTION 2. A new section of Chapter 4, Article 40 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITIONS.--A person elected or appointed to the office of county clerk shall not:

          A. be a candidate for a different elective office during the person's term as county clerk and for two years after the ending of the person's term as county clerk;

          B. publicly endorse a candidate for any elective office during the person's term as county clerk; or

          C. participate in decision making in the person's capacity as county clerk that could benefit the person's candidacy while running for reelection. The county clerk's authorized deputy shall assume the duties of the county clerk in such instances."

     SECTION 3. A new section of Chapter 8, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] OATH OF OFFICE.--In addition to the oath of office required pursuant to Article 20, Section 1 of the constitution of New Mexico, a person elected or appointed to the office of secretary of state shall take and subscribe to an oath or affirmation that the person will execute the duties of the office in a fair and neutral manner, provide equal and ample opportunity for all eligible citizens to register to vote, if registration is required by law, and to vote and ensure that the results of elections accurately reflect all valid votes."

     SECTION 4. A new section of Chapter 8, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITIONS.--A person elected or appointed to the office of secretary of state shall not:

          A. be a candidate for a different elective office during the person's term as secretary of state and for two years after the ending of the person's term as secretary of state;

          B. publicly endorse a candidate for any elective office during the person's term as secretary of state; or

          C. participate in decision making in the person's capacity as secretary of state that could benefit the person's candidacy while running for reelection. The deputy secretary of state shall assume the duties of the secretary of state in such instances."

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