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AN ACT

RELATING TO ELECTIONS; PROVIDING CANDIDATES WHO FAIL TO

RECEIVE PREPRIMARY CONVENTION DESIGNATION AN ALTERNATIVE

METHOD OF GAINING PRIMARY BALLOT ACCESS; DECLARING AN

EMERGENCY.

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

Section 1. 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 in the state or congressional district, or the

following number of voters, whichever is greater: for

statewide offices, two hundred thirty voters; and for

congressional candidates, seventy-seven voters.

C. Nominating petitions for candidates for any

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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 in the district or division, or the

following number of voters, whichever is greater: for

metropolitan court and magistrate courts, ten voters; for the

public regulation commission, fifty voters; for the public

education commission, twenty-five voters; for state

representative, ten voters; for state senator, seventeen

voters; and 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 in the state or

congressional district, whichever applies to the office the

candidate seeks, and file a new declaration of candidacy and

nominating petitions for the office for which the candidate

failed to receive a preprimary designation. The declaration

of candidacy and nominating petitions 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."

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Section 2. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.