SENATE JOINT RESOLUTION 10
56th legislature - STATE OF NEW MEXICO - second session, 2024
A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLE 4, SECTION 4 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT LEGISLATIVE VACANCIES ARE FILLED, AS PROVIDED BY LAW, BY APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM IF THE VACANCY OCCURS WHEN LESS THAN SIX MONTHS REMAINS UNTIL THE EXPIRATION OF THE ORIGINAL TERM OF THE SENATOR OR MEMBER OF THE HOUSE OF REPRESENTATIVES; TEMPORARILY BY APPOINTMENT WHEN A VACANCY OCCURS DURING OR LESS THAN SIXTY DAYS BEFORE THE START OF A REGULAR SESSION OF THE LEGISLATURE, AFTER WHICH SESSION THE VACANCY SHALL BE FILLED BY ELECTION FOR THE REMAINDER OF THE UNEXPIRED TERM; AND IN ALL OTHER INSTANCES, BY ELECTION FOR THE REMAINDER OF THE UNEXPIRED TERM.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 4, Section 4 of the constitution of New Mexico to read:
"A. Members of the [legislature] senate shall be elected [as follows: those senators from Bernalillo, Chaves, Curry, DeBaca, Grant, Lea, Lincoln, Luna, Sandoval, San Juan, San Miguel, Socorro, Taos, Torrance, Union and Valencia counties for a term of six years starting January 1, 1961, and after serving such terms shall be elected] for a term of four years, [thereafter; those senators from all other counties for the terms of four years] and members of the house of representatives shall be elected for a term of two years. They shall be elected on the day provided by law for holding [the] general elections [election of state officers or representatives in congress].
B. If a vacancy occurs in the office of senator or member of the house of representatives, for any reason, [the county commissioners of the county wherein the vacancy occurs shall fill such vacancy by appointment.
Such legislative appointments as provided in this section shall be for a term ending on December 31, subsequent to the next succeeding general election] the vacancy shall be filled, as provided by law, as follows:
(1) if less than six months remains until the expiration of the term in effect at the time of vacancy, the vacancy shall be filled by appointment for the remainder of the unexpired term;
(2) if the vacancy occurs during or less than sixty days before the start of a regular session and when six months or more remain until the expiration of the term in effect at the time of vacancy, the vacancy shall be temporarily filled by appointment until the vacancy is filled for the remainder of the unexpired term at an election that shall be conducted no later than sixty days after that session ends; or
(3) in all other instances, the vacancy shall be filled at an election conducted no later than sixty days after the vacancy occurs and for the remainder of the unexpired term.
C. Nothing prohibits a future appointment from being made in anticipation of an impending vacancy. For the purposes of determining the start date to fill a vacancy pursuant to this section, an impending vacancy shall be treated as a vacancy."
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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