HOUSE BILL 226
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
James E. Smith
AN ACT
RELATING TO ELECTIONS; SETTING THE NUMBER OF SIGNATURES REQUIRED FOR NOMINATING PETITIONS FOR MINOR PARTY CANDIDATES AND INDEPENDENT CANDIDATES.
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 by Laws 2014, Chapter 40, Section 3 and by Laws 2014, Chapter 81, Section 3) 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-third day following the primary election in the year of the general election and shall be accompanied by nominating petitions for each candidate containing the signatures of voters totaling not less than [one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:
(1) in the state for statewide offices; and
(2) in the district for offices other than statewide offices] the average of the sum of the total number of signatures required to be submitted by a candidate of each major party for the office sought in that primary election. The petition shall contain a statement that the voters signing the petition are residents of the 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-third day following the primary election in the year of the general election and shall be accompanied by a nominating petition containing the signatures of voters totaling not less than [one percent of the total number of votes cast for governor at the last preceding general election at which a governor was elected:
(1) in the county for countywide offices; and
(2) in the district for offices other than countywide offices] the average of the sum of the total number of signatures required to be submitted by a candidate of each major party for the office sought in that primary election. The petition shall contain a statement that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate.
D. Except in the case of a political party certified in the year of the election, persons certified as candidates shall be members of that party on the day the governor issues the primary election proclamation.
E. When a political party is certified in the year of the general election, and after the day the governor issues the primary election proclamation, a person certified as a candidate shall be:
(1) a member of that party not later than the date the political party filed its rules and qualifying petitions pursuant to Sections 1-7-2 and 1-7-4 NMSA 1978; and
(2) a resident in the district of the office for which 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, a resident within New Mexico on the date of the governor's proclamation for the primary election. No person who is a candidate for a party in a primary election may be certified as a candidate for a different party in the general election in the same election cycle.
F. No voter shall sign a petition prescribed by this section for more persons than the number of candidates necessary to fill the office at the next ensuing general election."
SECTION 2. 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.] A. Nominating petitions for an independent candidate for president of the United States shall be signed by [a number of voters equal to at least three] the number of registered qualified electors in each of the congressional districts equal to not less than two percent of the total number of votes for president cast in [the state] each district at the last preceding presidential election.
[C.] B. Nominating petitions for an independent candidate for United States senator or any other statewide elective office, United States representative, member of the legislature, public regulation commission, district judge, district attorney, member of the public education commission, magistrate or county office shall be signed by a number of voters equal to [at least three percent of the total number of votes cast in the state] no less than the average of the sum of the total number of signatures required to be submitted by each major party candidate for the office sought in the immediately preceding primary election.
[D. Nominating petitions for an independent candidate for United States representative shall be signed by a number of 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 education, magistrate or county office shall be signed by a number of 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.] C. A voter shall not sign a petition for an independent candidate as provided in this section if [he] the voter has signed a petition for another independent candidate for the same office."
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