0001|                               AN ACT
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0002| RELATING TO ELECTIONS; CLARIFYING THAT A CANDIDATE FOR A COUNTY
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0003| OFFICE IS NOT REQUIRED TO FILE A NOMINATING PETITION; AMENDING A
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0004| SECTION OF THE ELECTION CODE; DECLARING AN EMERGENCY.
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0005| 
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007|      Section 1.  Section 1-8-21 NMSA 1978 (being Laws 1994, Chapter 92, Section 2, as
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0008| amended) is amended to read:
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0009|      "1-8-21.  PRIMARY ELECTION--METHODS OF PLACING NAMES ON PRIMARY
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0010| BALLOT.--
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0011|           A.  A candidate seeking primary election nomination to a statewide office or the
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0012| office of United States representative shall file a declaration of candidacy with the proper filing
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0013| officer.  A candidate shall file a nominating petition at the time of filing the declaration of
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0014| candidacy.  A candidate who seeks, but does not obtain, preprimary convention designation by a
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0015| major political party may file a new declaration of candidacy and a nominating petition pursuant
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0016| to Section 1-8-33 NMSA 1978.
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0017|           B.  A candidate for a legislative office, the office of district attorney, district
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0018| judge, metropolitan judge, magistrate judge or the state board of education shall have his name
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0019| placed on the primary election ballot by filing with the proper filing officer a declaration of
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0020| candidacy and a nominating petition.
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0021|           C.  A candidate for a county office shall have his name placed on the primary
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0022| election ballot by filing with the proper filing officer a declaration of candidacy accompanied by
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0023| the appropriate filing fee or a pauper's statement."
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0024|      Section 2.  Section 1-8-21 NMSA 1978 (being Laws 1994, Chapter 92, Section 2 is
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0025| repealed effective January 1, 1997.
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0001|      Section 3.  Effective January 1, 1997, a new Section 1-8-21 NMSA 1978 is enacted to
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0002| read:
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0003|      "1-8-21.  PRIMARY ELECTION--METHODS OF PLACING NAMES ON PRIMARY
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0004| BALLOT.--
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0005|           A.  All candidates seeking primary election nomination to a statewide office or
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0006| the office of United States representative shall file declarations of candidacy with the proper
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0007| filing officer.  Candidates shall file nominating petitions at the time of filing their declarations of
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0008| candidacy.  Candidates who seek, but do not obtain, preprimary convention designation by a
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0009| major political party may file new declarations of candidacy and nominating petitions pursuant
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0010| to Section 1-8-33 NMSA 1978.
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0011|           B.  Candidates for any other office shall have their names placed on the primary
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0012| election ballot by filing declarations of candidacy and nominating petitions with the proper filing
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0013| officer.  Candidates for county office shall also pay filing fees or file the proper paupers'
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0014| statements at the time of filing declarations of candidacy."
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0015|      Section 4.  EMERGENCY.--It is necessary for the public peace, health and safety
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0016|                                                               that this act take effect immediately.                                                    
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0017|                                                               
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