State of New Mexico
                      House of Representatives
  
                      FORTY-THIRD LEGISLATURE
                        FIRST SESSION, 1997
  
  
                                                   March 13, 1997
  
  
  Mr. Speaker:
  
       Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom
  has been referred
  
     HOUSE VOTERS AND ELECTIONS COMMITTEE SUBSTITUTE FOR
                        HOUSE BILL 865
                               
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
       1.  On page 28, between lines 13 and 14, insert the following
  new section: 
  
       "Section 25.  Section 1-8-8 NMSA 1978 (being Laws 1969,
  Chapter 240, Section 158, as amended) is amended to read:
  
       "1-8-8.  VACANCY ON GENERAL ELECTION BALLOT--OCCURRING AFTER
  PRIMARY.--
  
            A.  If after a primary election a vacancy occurs, for any
  cause, in the list of nominees of a qualified political party for
  any public office to be filled in the general election, or a vacancy
  occurs because of the resignation or death of a person holding a
  public office not included in the governor's proclamation and which
  office is required by law to be filled at the next succeeding
  general election, the vacancy on the general election ballot may be
  filled by:
  
                 (1)  the central committee of the state political
  party filing the name of its nominee for the office with the proper
  filing officer when [such] the office is a federal, state, district
  or multi-county legislative district office; and
  
                 (2)  the central committee of the county political
  party filing the name of its nominee for the office with the proper
  filing officer when [such] the office is a magistrate, county or a
  legislative district office where the district is entirely within
  the boundaries of a single county.
  
            B.  If a vacancy occurs, for any cause, in the list of
  nominees of a major political party for a public office subject to
  convention designation as provided in Section 1-8-21.1 NMSA 1978 and
  there is no nominee on the general election ballot for that office
  from any major political party, each major political party may
  nominate a candidate for that office in accordance with the
  provisions of Subsection A of this section.
  
            [B.] C.  Appointments made pursuant to Subsection A of
  this section shall be of the same party affiliation as the original
  nominee, if any, or affiliated with the major political party, and
  shall reside in the district from which he will be elected as shown
  by his certificate of registration on file in the county clerk's
  office before the day of the governor's primary election
  proclamation.
  
            [C.] D.  Appointments to fill vacancies in the list of a
  party's nominees shall be made and filed at least fifty-six days
  prior to the general election.  If the vacancy is caused by the
  death of a nominee, the central committee may in like manner file
  the name of its nominee to fill the vacancy up until five days prior
  to the general election.
  
            [D.] E.  When the name of a nominee is filed as provided
  in this section, [such] the name shall be placed on the general
  election ballot as the party's candidate for that office.  In the
  case of a nominee appointed after the general election ballots are
  printed, [such] the name shall be placed on the ballot by pasting
  the printed name of the nominee over the name of the candidate whose
  vacancy he fills on the general election ballot."".
  
  2.  Renumber the succeeding sections accordingly..
  
                                Respectfully submitted,
  
  
  
                                                                                               
                                                              Max Coll, Chairman
  
  
  Adopted                       Not Adopted                       
            (Chief Clerk)                       (Chief Clerk)
  
                         Date             
  
  The roll call vote was 14  For 1  Against
  Yes:      14
            No:       Pearce
            Excused:  Saavedra, Varela
            Absent:   None
  
  
  .118769.2
  G:\BILLTEXT\AMEND_97\H0865AF1