SENATE JOINT RESOLUTION 10

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

INTRODUCED BY

Bill Tallman

 

 

 

 

 

A JOINT RESOLUTION

PROPOSING AMENDMENTS TO ARTICLE 5, SECTION 1, ARTICLE 10, SECTION 2 AND ARTICLE 20, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT THE SECRETARY OF STATE AND COUNTY CLERKS ARE ELECTED IN A NONPARTISAN ELECTION IN ODD-NUMBERED YEARS AND TO REQUIRE AN ADDITIONAL OATH OF OFFICE FOR THE SECRETARY OF STATE AND COUNTY CLERKS TO CARRY OUT THEIR DUTIES IN A FAIR AND NEUTRAL MANNER.

 

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

     SECTION 1. It is proposed to amend Article 5, Section 1 of the constitution of New Mexico to read:

     "The executive department shall consist of a governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general and commissioner of public lands, who shall, unless otherwise provided in the constitution of New Mexico, be elected for terms of four years beginning on the first day of January next after their election. The governor and lieutenant governor shall be elected jointly by the casting by each voter of a single vote applicable to both offices. Beginning in 2023, the secretary of state shall next be elected in a nonpartisan election in 2023 and every four years thereafter in a nonpartisan election, as provided by law.

     Such officers shall, after having served two terms in a state office, be ineligible to hold that state office until one full term has intervened.

     The officers of the executive department, except the lieutenant governor, shall during their terms of office, reside and keep the public records, books, papers and seals of office at the seat of government.

     [Upon the adoption of this amendment by the people, the terms provided for in this section shall apply to those officers elected at the general election in 1990 and all state executive officers elected thereafter.]"

     SECTION 2. It is proposed to amend Article 10, Section 2 of the constitution of New Mexico to read:

          "A. In every county all elected officials shall serve four-year terms, subject to the provisions of Subsection B of this section.

          B. [In those counties that prior to 1992 have not had four-year terms for elected officials, the assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk shall be elected to two-year terms in the first election following the adoption of this amendment. In subsequent elections, the treasurer and clerk shall be elected to four-year terms] Beginning in 2023, the clerk in every county shall next be elected in a nonpartisan election in 2023 and every four years thereafter in a nonpartisan election, as provided by law.

          C. To provide for staggered county commission terms, in counties with three county commissioners, the terms of no more than two commissioners shall expire in the same year; and in counties with five county commissioners, the terms of no more than three commissioners shall expire in the same year.

          D. All county officers, after having served two consecutive four-year terms, shall be ineligible to hold any county office for two years thereafter."

     SECTION 3. It is proposed to amend Article 20, Section 1 of the constitution of New Mexico to read:

          "A. Every person elected or appointed to any office shall, before entering upon [his] the duties of office, take and subscribe to an oath or affirmation that [he] the person will support the constitution of the United States and the constitution and laws of this state, and that [he] the person will faithfully and impartially discharge the duties of [his] the office to the best of [his] the person's ability.

          B. A person elected or appointed to the office of secretary of state or county clerk shall additionally 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. 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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