HOUSE BILL 97
54th legislature - STATE OF NEW MEXICO - second session, 2020
RELATING TO PRESIDENTIAL ELECTORS; REQUIRING ELECTORS WHO DO NOT VOTE FOR THE CANDIDATE OF THE POLITICAL PARTY THAT NOMINATED THEM TO BE DISQUALIFIED AND THE VACANCY FILLED BY GUBERNATORIAL APPOINTMENT; PRESCRIBING A PROCEDURE FOR FILLING VACANCIES; REPEALING SECTION 1-15-9 NMSA 1978 (BEING LAWS 1969, CHAPTER 240, SECTION 359).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-15-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 357) is amended to read:
"1-15-7. PRESIDENTIAL ELECTORS--WHEN GOVERNOR FILLS VACANCY.--Except as provided in Section 1-15-8 NMSA 1978, in the case of the death, [or] absence or disqualification of any presidential elector or failure to complete the number of presidential electors by noon of the day fixed by the laws of the United States for presidential electors to cast their ballots, the governor shall fill any vacancy by appointment. In filling the vacancy, the governor shall appoint a [voter of the state] presidential elector from a list of names of voters of the state nominated by the state [chairman] chair of the same political party represented by the presidential elector whose death, [or] absence or disqualification caused the vacancy."
SECTION 2. Section 1-15-8 NMSA 1978 (being Laws 1969, Chapter 240, Section 358, as amended) is amended to read:
"1-15-8. PRESIDENTIAL ELECTORS--ELECTORAL COLLEGE CASTING BALLOTS--CERTIFICATION OF RESULTS.--
A. The presidential electors of the state shall meet at noon in the office of the secretary of state on the day fixed by the laws of the United States for presidential electors to cast their ballots for president and vice president [and] of the United States.
B. The secretary of state shall provide each presidential elector with a presidential and vice presidential ballot. The presidential electors shall mark their ballots for the candidates of the political party that nominated them as presidential electors.
C. Each presidential elector shall present a completed ballot to the secretary of state, who shall examine each ballot and accept as cast each ballot marked by a presidential elector consistent with the candidate of the political party that nominated the presidential elector. The secretary of state shall not accept and shall not count a ballot if the presidential elector has not marked the ballot or has marked the ballot for a candidate other than the candidate of the political party that nominated the presidential elector.
D. A presidential elector who refuses to present a ballot, who attempts to present an unmarked ballot or who attempts to present a ballot marked for a candidate other than the candidate of the political party that nominated the presidential elector is disqualified as a presidential elector and vacates the office of presidential elector.
E. The governor shall fill any vacancy by appointment in accordance with the procedure prescribed by Section 1-15-7 NMSA 1978. Any presidential elector appointed by the governor to fill a vacancy who fails or refuses to present a ballot marked for the candidate of the party that nominated the presidential elector shall be disqualified, the office deemed vacant and another presidential elector shall be appointed by the governor.
F. After all vacancies are filled, the presidential electors shall proceed [to vote by ballot for] with the election of the president and vice president of the United States and [to] shall certify the results of such election in accordance with the constitution and laws of the United States.
G. The presidential elector chosen as secretary shall keep a journal of the proceedings and deposit the journal in the office of the secretary of state, where it shall be kept on file.
H. If the Agreement Among the States to Elect the President by National Popular Vote, Section 1-15-4.1 NMSA 1978, has been adopted and is in effect in states in the United States that cumulatively add up to two hundred seventy or more electoral votes as provided in that agreement, then that agreement shall govern, notwithstanding the other provisions of this section or Section 1-15-7 NMSA 1978."
SECTION 3. REPEAL.--Section 1-15-9 NMSA 1978 (being Laws 1969, Chapter 240, Section 359) is repealed.
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