HOUSE JOINT RESOLUTION 12

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

INTRODUCED BY

Larry A. Larrañaga

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 20 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW THE RECALL OF PUBLIC OFFICERS ELECTED TO A CONGRESSIONAL OFFICE OR A CONSTITUTIONALLY CREATED ELECTIVE OFFICE IN THE EXECUTIVE OR LEGISLATIVE BRANCH OF GOVERNMENT.

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

     SECTION 1. It is proposed to amend Article 20 of the constitution of New Mexico by adding a new section to read:

          "A. The qualified electors of a congressional district or district of a constitutionally created elective office in the executive or legislative branch of government may petition for the recall of an incumbent elective officer by filing a petition with the filing officer with whom the declaration of candidacy for the office is filed, demanding the recall of the incumbent.

          B. Subject to the provisions of Subsection C of this section, a petition for a recall election shall cite grounds of malfeasance or misfeasance in office or violation of the oath of office by the official concerned. The cited grounds shall be based upon acts or failures to act occurring during the current term of the official sought to be recalled. The recall petition shall be signed by registered qualified electors:

                (1) of the state if the official sought to be recalled was elected on a statewide basis or of the district from which the official sought to be recalled was elected; and

                (2) not fewer in number than twenty-five percent of the number of persons who voted in the election for the office in the last preceding general election at which the office was voted upon.

          C. Prior to and as a condition of circulating a petition for recall pursuant to the provisions of Subsections A and B of this section, the factual allegations supporting the grounds of malfeasance or misfeasance in office or violation of the oath of office stated in the petition shall be presented to the state supreme court. The petition shall not be circulated unless, after a hearing in which the proponents of the recall effort and the official sought to be recalled are given an opportunity to present evidence, the court determines that probable cause exists for the grounds for recall.

          D. After the requirements of Subsection C of this section are fulfilled, the petition shall be circulated and filed with the chief election officer of the state for verification of the signatures, as to both number and qualifications of the persons signing. If the requisite number of signatures of registered qualified electors appears on the petition, the question of recall of the official shall be placed on the ballot for a special election to be called and held within ninety days or at the next occurring general election if that election is to be held within ninety days. If at the election a majority of the votes cast on the question of recall is in favor of recall, the official who is the subject of the recall is recalled from the office, and a vacancy exists. That vacancy shall be filled in the manner provided by law for filling vacancies for that office.

          E. A recall election shall not be conducted after May 1 in a calendar year in which an election is to be held for the office for which the recall is sought if the official sought to be recalled is a candidate for reelection to the office. No petition for recall of an elected official shall be submitted more than once during the term for which the official is elected."

     SECTION 2. 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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