SENATE BILL 485
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Carlos R. Cisneros
AN ACT
RELATING TO ELECTIONS; CHANGING THE TIME FOR FILING DECLARATIONS OF CANDIDACY AND NOMINATING PETITION SIGNATURES; EXPANDING THE TIME FOR JUDICIAL RESOLUTION OF NOMINATING PETITION AND OTHER CANDIDACY CHALLENGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-8-18 NMSA 1978 (being Laws 1969, Chapter 240, Section 167, as amended) is amended to read:
"1-8-18. PRIMARY ELECTION LAW--WHO MAY BECOME A CANDIDATE.--
A. No person shall become a candidate for nomination by a political party or have [his] the person's name printed on the primary election ballot unless [his] the person's record of voter registration shows:
(1) [his] affiliation with that political party on the date of the governor's proclamation for the primary election; and
(2) [his] residence in the district of the office for which [he] the person is a candidate on the date of the governor's proclamation for the primary election or in the case of a person seeking the office of United States senator or United States representative, [his] residence within New Mexico on the date of the governor's proclamation for the primary election.
B. [Any] A voter may challenge the candidacy of [any] a person seeking nomination by a political party for the reason that [he] the person does not meet the requirements of Subsection A of this section by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy or a statement of candidacy for convention designation. The district court shall hear and render a decision on the matter within [ten] twelve 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. No court shall retain jurisdiction to rule on a challenge brought pursuant to this section after the fifty-sixth day before the primary election."
SECTION 2. 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 shall be filed with the proper filing officer on the [second] first Tuesday in February of each even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.
B. Declarations of candidacy for any other office to be nominated in the primary election shall be filed with the proper filing officer on the [third] second Tuesday of March of each even-numbered year 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 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.
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.
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] twelve 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. No court shall retain jurisdiction to rule on a challenge brought pursuant to this section after the fifty-sixth day before the primary election."
SECTION 3. Section 1-8-35 NMSA 1978 (being Laws 1973, Chapter 228, Section 9, as amended) is amended to read:
"1-8-35. PRIMARY ELECTION LAW--NOMINATING PETITION--LIMITATION ON APPEALS OF VALIDITY OF NOMINATING PETITIONS.--
A. Any voter filing any court action challenging a nominating petition provided for in the Primary Election Law shall do so within ten days after the last day for filing the declaration of candidacy with which the nominating petition was filed. Within [ten] twelve days after the filing of the action, the district court shall hear and render a decision on the matter. The decision shall be appealable only to the supreme court, and notice of appeal shall be filed within five days after the decision of the district court. The supreme court shall hear and render a decision on the appeal forthwith. No court shall retain jurisdiction to rule on a challenge brought pursuant to this section after the fifty-sixth day before the primary election.
B. For the purposes of an action challenging a nominating petition, each person filing a nominating petition under the Primary Election Law appoints the proper filing officer as [his] the person's agent to receive service of process. Immediately upon receipt of process served upon the proper filing officer, the officer shall, by certified mail, return receipt requested, mail the process to the person."
SECTION 4. Section 1-10-4 NMSA 1978 (being Laws 1977, Chapter 222, Section 27, as amended) is amended to read:
"1-10-4. BALLOTS--PREPARATION.--
A. Not less than fifty-six days before the primary election, each proper filing officer shall group all candidates for each party by themselves and prepare in writing a separate ballot for each party and certify the candidates for each ballot position to the printer. No court shall retain jurisdiction to rule on a challenge brought pursuant to Section 1-8-18, 1-8-26 or 1-8-35 NMSA 1978 after the fifty-sixth day before the primary election.
B. Not less than fifty-six days before the general election, each proper filing officer shall prepare in writing the ballot containing the name of each candidate that has been certified and filed as the nominee of a party and any constitutional amendments, questions or other propositions that are to be voted on and certify all such information to the ballot printer. A copy of each certification shall be kept on file in the office of the secretary of state.
C. Upon request of the county chair of a political party participating in the election, the county clerk shall furnish proof sheets or a copy of the proof sheets of the ballot as soon as they become available."
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