HOUSE BILL 331
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Brian K. Moore
AN ACT
RELATING TO ELECTIONS; ELIMINATING PETITION REQUIREMENTS FOR NOMINEES OF MINORITY PARTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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 and regulations of a minor political party require nomination by political convention:
(1) the [chairman] 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 [chairman] 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 second Tuesday in July in the year of the general election [and shall be accompanied by a petition containing a list of signatures and addresses of voters totaling not less than one percent of the total number of votes cast at the last preceding general election for the office of governor or president of the United States, as the case may be:
(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 state, district, county or 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 second Tuesday in July in the year of the general election [and shall be accompanied by a petition containing a list of signatures and addresses of voters totaling not less than one percent of the total number of votes cast at the last preceding general election for the office of governor or president of the United States, as the case may be:
(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 state, district, county or area to be represented by the office for which the person being nominated is a candidate].
D. Persons certified as nominees shall be members of [that] the political party for which they are certified before the day the governor issues the primary election proclamation.
[E. No voter shall sign any petition prescribed by this section for more persons than the number of minor party candidates necessary to fill the office at the next ensuing general election.]"
Section 2. Section 1-8-3 NMSA 1978 (being Laws 1969, Chapter 240, Section 153, as amended) is amended to read:
"1-8-3. NOMINATION BY MINOR POLITICAL PARTY--OTHER METHODS.--If the rules and regulations of a minor political party require nomination by a method other than a political convention:
A. the state [chairman] chair and the governing board of the state party 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;
B. the county [chairman] chair and the governing board of the county party 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; and
C. the names of such nominees shall be filed in the same time and manner prescribed by the Election Code for convention-designated nominees of minor political parties [and each list of names certified shall be accompanied by the petition containing a list of signatures and addresses of voters as prescribed for convention-designated nominees]."
Section 3. Section 1-8-4 NMSA 1978 (being Laws 1969, Chapter 240, Section 154, as amended) is amended to read:
"1-8-4. SECRETARY OF STATE--CERTIFICATION OF NOMINEES--MINOR POLITICAL PARTY.--Upon receipt of certificates of nomination of any minor political party, the secretary of state shall:
A. determine whether the method of nomination used by the certifying political party complies with the current rules and regulations of that party on file in [his] the secretary of state's office;
B. determine whether all the requirements of Sections 1-8-1, 1-8-2 and 1-8-3 NMSA 1978 have been complied with [and that the petition and list of signatures and addresses of voters are valid and comply with law]; and
C. if such determinations are answered in the affirmative, certify the names of the party's nominees as candidates for the office for which each is nominated to each county clerk in the state."
Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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