HB0506

HOUSE BILL 506

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Thomas A. Anderson

AN ACT

RELATING TO ELECTIONS; CHANGING CANDIDATE NOMINATION PROCEDURES AND REQUIREMENTS; CHANGING QUALIFICATION REQUIREMENTS FOR POLITICAL PARTIES; CHANGING CERTAIN FILING DATES; REQUIRING PERSONS WHO SIGN NOMINATING PETITIONS TO LIST THEIR VOTER REGISTRATION ADDRESS.

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

SECTION 1. Section 1-1-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 8, as amended) is recompiled as part of Chapter 1, Article 7 NMSA 1978 and is amended to read:

"MAJOR POLITICAL PARTY--MINOR POLITICAL PARTY.--As used in the Election Code:

A. "major political party" means any qualified political party, any of whose candidates received as many as five 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, and whose membership totals not less than one-third of one percent of the statewide registered voter file on the day of the governor's primary election proclamation; and

B. "minor political party" means any qualified political party [none of whose candidates received five percent or more 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] that is not qualified as a major political party pursuant to Subsection A of this section."

SECTION 2. Section 1-7-2 NMSA 1978 (being Laws 1969, Chapter 240, Section 145, as amended) is amended to read:

"1-7-2. QUALIFICATION--REMOVAL--REQUALIFICATION.--

A. To qualify as a political party in New Mexico, each political party through its governing body shall adopt rules [and regulations] providing for the organization and government of that party and shall file the rules [and regulations] with the secretary of state. Uniform rules [and regulations] shall be adopted throughout the state by the county organizations of that party, where a county organization exists, and shall be filed with the county clerks. At the same time the rules [and regulations] are filed with the secretary of state, the governing body of the political party shall also file with the secretary of state a petition containing the hand-printed names, signatures, addresses of [residence] registration and counties of residence of at least one-half of one percent of the total votes cast for the office of governor [or president] at the preceding general election who declare by their signatures on [such] the petition that they are voters of New Mexico and that they desire the party to be a qualified political party in New Mexico. Blank petition forms shall be available at any time from the secretary of state.

B. Each county political party organization may adopt [such] supplementary rules [and regulations] insofar as they do not conflict with the uniform state rules [and regulations] or do not abridge the lawful political rights of any person. Such supplementary rules shall be filed with the county clerk and the secretary of state in the same manner as other rules are filed.

C. [All political parties that appeared on the 1988 New Mexico general election ballot shall continue to be qualified political parties unless disqualified in accordance with this subsection. Beginning with the general election in 1990] A qualified political party shall cease to be qualified for the purposes of the Election Code if two successive general elections are held without at least one of the party's candidates on the ballot [or if the total votes cast for the party's candidates for governor or president of the United States, provided that the party has a candidate seeking election to either of these offices, in a general election do not equal at least one-half of one percent of the total votes cast for the office of governor or president of the United States, as applicable. After giving notice] or none of the candidates on the ballot receives at least five percent of the vote for the office sought in those elections. Not later than March 15 of an odd-numbered year, the secretary of state shall send notice of nonqualification to the state chair of any political party that fails to remain qualified. The notice shall be delivered by registered mail to the [state chairman of the party at his] last known address [the secretary of state] of the state chair of the political party, and a copy shall [remove all material dealing with the political party from his] be kept in the secretary of state's file of parties qualified in New Mexico.

D. The secretary of state shall then notify all county clerks of the removal and nonqualification of the political party [The county clerk is then authorized to remove such rules and regulations from the county files. The county clerk] and shall post the notice on the web site maintained by the secretary of state. The secretary of state shall [immediately] within forty-five days notify by mail all voters registered as members of such party of the removal and nonqualification of the party.

E. To requalify, the party [must] shall again comply with the provisions of the Election Code dealing with filing requirements for political parties."

SECTION 3. 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 of a minor political party require nomination by political convention:

(1) the 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 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 twenty-first day following the primary election] not later than 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 twenty-first day following the primary election] not later than 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.

D. Persons certified as nominees shall be members of that party before the day the governor issues the primary election proclamation.

[E. No voter shall sign a 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.]

E. A person who signs a petition required by this section or Section 1-8-3 NMSA 1978 shall indicate the person's address as shown on the person's certificate of registration. If the person does not have a residential address, the person may provide the person's mailing address."

SECTION 4. Section 1-8-26 NMSA 1978 (being Laws 1975, Chapter 295, Section 12, as amended) is amended to read:

"1-8-26. PRIMARY ELECTION LAW--TIME OF FILING--DOCUMENTS NECESSARY TO QUALIFY FOR BALLOT--CHALLENGE.--

A. Declarations of candidacy by preprimary convention designation for any statewide office or for the office of United States representative [and declarations of candidacy for retention of a justice of the supreme court or judge of the court of appeals] shall be filed with the proper filing officer beginning on the first Tuesday in February and ending on the second Tuesday in February of each even-numbered year on any business day between the hours of 9:00 a.m. and 5:00 p.m.

B. Declarations of candidacy for any other office [and declarations of candidacy for retention for all affected district judicial offices] to be nominated in the primary election shall be filed with the proper filing officer beginning on the second Tuesday in March and ending on the third Tuesday of March of each even-numbered year on any business day between the hours of 9:00 a.m. and 5:00 p.m.

C. Certificates of designation shall be submitted to the secretary of state on or before the first Tuesday following the preprimary convention at which the candidate's designation took place between the hours of 9:00 a.m. and 5:00 p.m.

D. Declarations of candidacy for retention for all affected judicial offices shall be filed with the proper filing officer between the hours of 9:00 a.m. and 5:00 p.m. on the twenty-first day after the primary election.

[D.] E. No candidate's name shall be placed on the ballot until the candidate has been notified in writing by the proper filing officer that the declaration of candidacy, the petition, if required, and the certificate of registration of the candidate on file are in proper order and that the candidate, based on those documents, is qualified to have the candidate's name placed on the ballot. The proper filing officer shall mail the notice no later than 5:00 p.m. on the Tuesday following the filing date.

[E.] F. If a candidate is notified by the proper filing officer that the candidate is not qualified to have the candidate's name appear on the ballot, the candidate may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith."

SECTION 5. Section 1-8-30 NMSA 1978 (being Laws 1973, Chapter 228, Section 4, as amended) is amended to read:

"1-8-30. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--NOMINATING PETITION--FILING AND FORM.--

A. As used in the Primary Election Law, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters, which is signed on behalf of the person wishing to become a candidate for a political office in the primary election requiring a nominating petition.

B. In making a declaration of candidacy, the candidate at the same time shall file a nominating petition, which shall be on the form prescribed by law.

C. The nominating petition shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:

"NOMINATING PETITION

I, the undersigned, a registered voter of [the county of _______________] New Mexico, and a member of the _______________ party, hereby nominate ____________________, who resides at __________________ in the county of _______________, New Mexico, for the party nomination for the office of ________________________, to be voted for at the primary election to be held on [the first Tuesday of June, 20] _____, and I declare that I am a [resident] registered voter of the state, district, county or area to be represented by the office for which the person being nominated is a candidate. [I also declare that I have not signed, and will not sign, any nominating petition for more persons than the number of candidates necessary to fill such office at the next ensuing general election.]

1. _____________ _______________ ______________ __________

(usual (name printed (address as (city or

signature) as registered) registered) [rt. no.]

zip code)

2. _____________ _______________ ______________ __________

(usual (name printed (address as (city or

signature) as registered) registered) [rt. no.]

zip code).".

D. In October of odd-numbered years, the secretary of state shall post on the secretary of state's web site and shall furnish to each county clerk a sample of a nominating petition form, a copy of which shall be made available by the county clerk upon request of any candidate.

E. When more than one sheet is required for a petition, each of the sheets shall be in the form prescribed by this section and all sheets shall be firmly secured by a staple or other suitable fastening."

SECTION 6. Section 1-8-31 NMSA 1978 (being Laws 1973, Chapter 228, Section 5, as amended) is amended to read:

"1-8-31. PRIMARY ELECTION LAW--NOMINATING PETITION--SIGNATURES TO BE COUNTED.--

[A. A person who signs a nominating petition shall sign only one petition for the same office unless more than one candidate is to be elected to that office, and in that case, a person may sign not more than the number of nominating petitions equal to the number of candidates to be elected to the office.

B.] A. A person who signs a nominating petition shall indicate [his residence as his address] the person's address as shown on the person's certificate of registration. If the person does not have a residential address, [he] the person may provide [his] the person's mailing address.

[C.] B. A signature shall be counted on a nominating petition unless there is evidence presented that the person signing:

(1) was not a registered member of the candidate's political party ten days prior to the filing of the nominating petition;

(2) failed to provide information required by the nominating petition [sufficient to determine that the person];

(3) is not a [qualified] voter of the state, district, county or area to be represented by the office for which the person seeking the nomination is a candidate;

[(3) has signed more than one petition for the same office, except as provided in Subsection A of this section, or]

(4) has signed one petition more than once;

[(4)] (5) is not of the same political party as the candidate named in the nominating petition as shown by the signer's certificate of registration; or

[(5)] (6) is not the person whose name appears on the nominating petition.

C. The following information shall be listed in the appropriate space at the top of the nominating petition before the petition has been signed by any voter: the party affiliation of voters signing the petition, the candidate's name, the candidate's address, the candidate's county of residence and the office sought by the candidate, which shall include the district or division of the office sought, if applicable. A nominating petition, including all signatures on the petition page, shall be invalid if any of the preceding information is not listed before the petition is signed by a voter or if any of the preceding information is altered.

D. The procedures set forth in this section shall be used to validate signatures on any petition required by the Election Code, except that Paragraphs (1) and [(4)] (5) of Subsection [C] B of this section shall not apply to petitions filed by unaffiliated candidates or petitions filed by candidates of minor political parties."

SECTION 7. 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 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."

SECTION 8. Section 1-8-45 NMSA 1978 (being Laws 1977, Chapter 322, Section 1, as amended by Laws 1993, Chapter 314, Section 49 and also by Laws 1993, Chapter 316, Section 49) is amended to read:

"1-8-45. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--DEFINITION.--

A. As used in the Election Code, an independent candidate means a person who:

[A.] (1) is a candidate [without party affiliation for an] for any state or county office to be voted on at a general election: [or any United States representative special election;

B. except for a candidate for the office of president or vice president, is a person who will be qualified to hold the office for which he is a candidate under the provisions of the constitution of New Mexico and the Election Code]

(a) whose certificate of voter registration shows affiliation with no qualified political party on the date of the governor's proclamation for the primary election and, if applicable, shows residence on the date of the governor's proclamation for the primary election in the district or county of the office for which the person is a candidate; and

(b) who has complied with the nomination procedures set forth in the Election Code for independent candidates;

(2) is a candidate for United States senator or United States representative:

(a) whose certificate of voter registration, if any, shows affiliation with no qualified political party on the date of the governor's proclamation for the primary election;

(b) who will be a resident of New Mexico when elected; and

[C. except for] (3) is a candidate for the office of president or vice president [is a qualified elector registered to vote in New Mexico at the time of filing the declaration of independent candidacy and nominating petition;

D. except for a candidate for the office of president or vice president, has indicated on such person's certificate of registration a declination to designate a party affiliation;

E.] who:

(a) has complied with the nomination procedures set forth in the Election Code for independent candidates; and

[F.] (b) was not [a person who appeared as] a major party candidate for the same office on the primary election ballot.

B. No person shall become an independent candidate for any office, and the person's name shall not be printed on the general election ballot, unless the person complies with the requirements of this section.

C. Any voter may challenge the candidacy of any person seeking to become an independent candidate for any office for the reason that the person does not meet the requirements of this section or because the nominating petitions, if required, do not meet the requirements of Section 1-8-31 NMSA 1978 by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy. The district court shall hear and render a decision on the matter within ten days after the filing of the petition. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith."

SECTION 9. Section 1-8-48 NMSA 1978 (being Laws 1977, Chapter 322, Section 4, as amended) is amended to read:

"1-8-48. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--DECLARATION OF INDEPENDENT CANDIDACY AND NOMINATING PETITION.--

A. Nomination as an independent candidate shall be made by filing a declaration of independent candidacy and a nominating petition with the proper filing officer.

B. In making a declaration of independent candidacy, the candidate for an office other than that of president or vice president shall submit a sworn statement in the following form:

"DECLARATION OF INDEPENDENT CANDIDACY

I, _________________________ (candidate's name [on certificate of registration]), being first duly sworn, say that:

I reside at _______________________________ [in the county of ____________________, New Mexico, and that I am a voter of Precinct No. __________ of the county of _______________, State of New Mexico];

I [have declined to designate my party affiliation as shown by my] did not designate any current affiliation with a qualified political party on my certificate of registration [and I have not changed such declination subsequent to] on or before the date of issuance of the governor's proclamation for the primary election in the year of the general election at which I seek to be a candidate;

I meet the qualifications listed in Section

1-8-45 NMSA 1978 for the office that I seek;

I desire to become a candidate for the office of _________________________, District____________

at the general election to be held on the date set

by law for this year; [and]

if the office I seek be [that of a member ofthe legislature or public regulation commission, that] a state or county district office, I actually reside within the district of the office for which I declare my candidacy;

if the office I seek be a countywide office, I actually reside in the county of the office for which I declare my candidacy;

if the office I seek be for United States

congress, I actually reside within the state or will reside in the state when elected;

I will be eligible and legally qualified to hold this office at the beginning of its term;

if a candidate for any office for which a nominating petition is required, I am submitting with this statement a nominating petition in the form and manner as prescribed by the Election Code; and

I make the foregoing affidavit under oath or affirmation knowing that any false statement herein constitutes a felony punishable under the criminal laws of New Mexico.

__________________________________________________(Declarant)

__________________________________________________

([Mailing] Residence Address)

__________________________________________________

([Residence] Mailing Address, if different)

Subscribed and sworn to or affirmed before me

this _____ day of _______________, _____.

(month) (year)

______________________________

(Notary Public)

My commission expires:

______________________________".

C. The secretary of state shall prescribe and furnish the form for the declaration of independent candidacy for the office of president and vice president."

SECTION 10. Section 1-8-50 NMSA 1978 (being Laws 1977, Chapter 322, Section 6, as amended) is amended to read:

"1-8-50. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITION FORM.--

A. As used in Sections 1-8-45 through 1-8-52 NMSA 1978, "nominating petition" means the authorized form used for obtaining the required number of signatures of voters that is signed on behalf of the person wishing to become an independent candidate for a political office in a general or United States representative special election requiring a nominating petition.

B. In making a [determination] declaration of candidacy, the candidate shall file a nominating petition at the same time, which shall be on forms prescribed by law.

C. The nominating petition for an independent candidate for any office except president of the United States shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:

"NOMINATING PETITION FOR INDEPENDENT CANDIDACY

[FOR ANY OFFICE EXCEPT PRESIDENT OF THE UNITED STATES]

I, the undersigned, a registered voter of [the county of ____________________] New Mexico, hereby nominate ___________________________________, who resides at _________________________ in the county of _______________, New Mexico, as an independent candidate for the office of _________________________, to be voted for at the general election, or United States representative special election to be held on _____________________,_________

(month) (day) (year)

and I declare that I am a [resident] registered voter of the state, district, county or area to be represented by the office for which the person being nominated is a candidate. [I also declare that I have not signed, and will not sign, any nominating petition for more persons than the number of candidates necessary to fill the office at the next ensuing general election or at a United States representative special election.]

1. _____________ ______________ ____________ __________

(usual (name printed (address as (city or zip signature) as registered) registered code)

2. _____________ ______________ ____________ __________

(usual (name printed (address as (city or zip signature) as registered) registered code).". D. The nominating petition for an independent candidate for the office of president of the United States shall be on paper approximately eight and one-half inches wide and eleven inches long with numbered lines for signatures spaced approximately three-eighths of an inch apart and shall be in the following form:

"NOMINATING PETITION FOR INDEPENDENT CANDIDACY

FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES

I, the undersigned, a registered voter of [the county of __________] New Mexico, by endorsement hereon, petition that the name of ____________ be printed on the general election ballot as an independent candidate for the office of president of the United States, to be voted on at the general election to be held on November _________, _____. I also declare that I am that person whose name appears hereon [and that I have not signed, nor will I sign, any nominating petition for any other candidate seeking the office of president of the United States at the next ensuing general election].".

E. In March of even-numbered years, the secretary of state shall post on the secretary of state's web site and shall furnish to each county clerk a sample of the nominating petition form, a copy of which shall be made available by the county clerk upon request of any candidate as provided by the Election Code.

F. When more than one sheet is required for a petition, each of the sheets shall be in the form prescribed by this section, and all sheets shall be firmly secured by a staple or other suitable fastening."

SECTION 11. Section 1-8-51 NMSA 1978 (being Laws 1977, Chapter 322, Section 7, as amended) is amended to read:

"1-8-51. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITIONS--REQUIRED NUMBER OF SIGNATURES.--

A. The basis of percentage for the total number of votes cast in each instance referred to in this section shall be the total vote cast for governor at the last preceding general election at which a governor was elected.

B. Nominating petitions for an independent candidate for president of the United States shall be signed by [a number of] five hundred or more voters [equal to at least three percent of the total number of votes cast in the state].

C. Nominating petitions for an independent candidate for United States senator or any other statewide elective office shall be signed by [a number of] five hundred or more voters [equal to at least three percent of the total number of votes cast in the state].

D. Nominating petitions for an independent candidate for United States representative shall be signed by [a number of] two hundred fifty or more voters [equal to at least three percent of the total number of votes cast in the district].

E. Nominating petitions for an independent candidate for a member of the legislature, public regulation commission, district judge, district attorney, member of the [state board of] public education commission, magistrate or county office shall be signed by [a number of] at least fifty voters [equal to at least three percent of the total number of votes cast in the district, division or county, as the case may be.

F. A voter shall not sign a petition for an independent candidate as provided in this section if he has signed a petition for another independent candidate for the same office]."

SECTION 12. Section 1-8-52 NMSA 1978 (being Laws 1977, Chapter 322, Section 8, as amended) is amended to read:

"1-8-52. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING PETITIONS--CIRCULATION--DATE OF FILING.--

A. Declarations of independent candidacy and nominating petitions shall be filed with the proper filing officer [during the period commencing at] between 9:00 a.m. and 5:00 p.m. on any business day beginning on the first Tuesday in July and ending on the [day following the primary election] second Tuesday in July of each even-numbered year and [ending at 5:00 p.m. on that same day and] not later than 5:00 p.m. on the fifty-sixth day preceding any United States representative special election.

B. Declarations of independent candidacy and nominating petitions for the office of president of the United States shall be filed with the proper filing officer [during the period commencing at] between 9:00 a.m. and 5:00 p.m. on any business day beginning on the first Tuesday in July and ending on the [day following the primary election and ending at 5:00 p.m. on the same day] second Tuesday in July following the primary election."

SECTION 13. Section 1-12-19.1 NMSA 1978 (being Laws 1981, Chapter 156, Section 2, as amended) is amended to read:

"1-12-19.1. GENERAL ELECTIONS--SPECIAL ELECTIONS--WRITE-IN CANDIDATES.--

A. A person desiring to be a write-in candidate in a general election shall file with the proper filing officer not later than 5:00 p.m. on the second Tuesday in July after the primary election a declaration of intent to be a write-in candidate. A person desiring to be a write-in candidate in a special election for United States representative or a statewide special election shall file with the proper filing officer [between 9:00 a.m. and] not later than 5:00 p.m. on the sixty-third day immediately preceding the election a declaration of intent to be a write-in candidate [The declaration of intent shall be filed. A person desiring to be a write-in candidate in a general election shall file the declaration of intent between 9:00 a.m. and 5:00 p.m. on the day after the primary election].

B. The form of the declaration of intent shall be prescribed by the secretary of state and shall contain a sworn statement by the candidate that the candidate is qualified to be a candidate for and to hold the office for which the candidate is filing.

C. At the time of filing the declaration of intent to be a write-in candidate, the write-in candidate shall be considered a candidate for all purposes and provisions relating to candidates in the Election Code, including the obligation to report under the Campaign Reporting Act, except that the candidate shall not be entitled to have the candidate's name printed on the ballot.

D. The secretary of state shall, not [less] more than [forty] ten days [before] after the [general election] final filing date, certify the names of the declared write-in candidates to the county clerks of every county affected by such candidacy.

E. No person shall be a write-in candidate in the general election who was a candidate in the primary election immediately prior to the general election. A write-in candidate for governor or lieutenant governor in the general election shall have a companion write-in candidate, and they shall be candidates to be elected jointly by the casting by a voter of a single vote applicable to both offices.

F. A vote for a write-in candidate shall be counted and canvassed only if:

(1) the name written in is the name of a declared write-in candidate and shows two initials and last name; first name, middle initial or name and last name; first and last name; or the full name as it appears on the declaration of intent to be a write-in candidate and misspellings of the above combinations that can be reasonably determined by a majority of the members of the precinct board to identify a declared write-in candidate; and

(2) the name is written in the proper office on the proper line provided on the ballot for write-in votes for the office for which the candidate has filed a declaration of intent and the voter has followed the directions for casting a vote for the write-in candidate.

[G. No unopposed write-in candidate shall have an election certified unless the candidate receives at least the number of write-in votes as the candidate would need signatures on a nominating petition pursuant to the requirements in Section 1-8-33 NMSA 1978.

H.] G. A write-in vote shall be cast by writing in the name. As used in this section, "write-in" does not include the imprinting of any name by rubber stamp or similar device or the use of preprinted stickers or labels."

- 29 -