0001| | 0002| HOUSE BILL 974 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| INTRODUCED BY | 0005| DEBBIE A. RODELLA | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO ELECTIONS; REQUIRING A COURT TO RENDER A DECISION | 0013| WITHIN TEN DAYS ON A PETITION FILED BY A CANDIDATE WHO WAS | 0014| DISQUALIFIED FROM THE BALLOT; AMENDING A SECTION OF THE PRIMARY | 0015| ELECTION LAW. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 1-8-26 NMSA 1978 (being Laws 1975, | 0019| Chapter 295, Section 12, as amended) is amended to read: | 0020| "1-8-26. PRIMARY ELECTION LAW [DECLARATION OF | 0021| CANDIDACY] TIME OF FILING DOCUMENTS NECESSARY TO QUALIFY FOR | 0022| BALLOT--CHALLENGE.-- | 0023| A. Declarations of candidacy by preprimary | 0024| convention designation for any statewide office or for the | 0025| office of United States representative and declarations of | 0001| candidacy for retention of a justice of the supreme court or | 0002| judge of the court of appeals shall be filed with the proper | 0003| filing officer on the second Tuesday in February of each | 0004| even-numbered year between the hours of 9:00 a.m. and 5:00 p.m. | 0005| B. Declarations of candidacy for any other office | 0006| and declarations of candidacy for retention for all affected | 0007| district judicial offices shall be filed with the proper filing | 0008| officer on the third Tuesday of March of each even-numbered | 0009| year between the hours of 9:00 a.m. and 5:00 p.m. | 0010| C. Certificates of designation shall be submitted | 0011| to the secretary of state on the first Tuesday following the | 0012| preprimary convention at which the candidate's designation took | 0013| place between the hours of 9:00 a.m. and 5:00 p.m. | 0014| D. No candidate's name shall be placed on the | 0015| ballot until the candidate has been notified in writing by the | 0016| proper filing officer that the declaration of candidacy, the | 0017| petition and the certificate of registration of the candidate | 0018| on file are in proper order and that the candidate, based on | 0019| [such] those documents, is qualified to have his name | 0020| placed on the ballot. The proper filing officer shall mail | 0021| [such] the notice no later than 5:00 p.m. on the Tuesday | 0022| following the filing date. | 0023| E. If a candidate is notified by the proper filing | 0024| officer that he is not qualified to have his name appear on the | 0025| ballot, the candidate may challenge that decision by filing a | 0001| petition with the district court within ten days of the | 0002| notification. The district court shall hear and render a | 0003| decision on the matter within ten days after the petition is | 0004| filed." | 0005|  State of New Mexico | 0006| House of Representatives | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| February 27, 1997 | 0013| | 0014| | 0015| Mr. Speaker: | 0016| | 0017| Your VOTERS AND ELECTIONS COMMITTEE, to whom has | 0018| been referred | 0019| | 0020| HOUSE BILL 974 | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| | 0005| | 0006| Edward C. Sandoval, Chairman | 0007| | 0008| | 0009| Adopted Not Adopted | 0010| | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| Date | 0014| | 0015| The roll call vote was 9 For 0 Against | 0016| Yes: 9 | 0017| Excused: Lujan, Nicely, Sanchez | 0018| Absent: None | 0019| | 0020| | 0021| G:\BILLTEXT\BILLW_97\H0974 | 0022| | 0023| FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 | 0025| | 0001| | 0002| March 8, 1997 | 0003| | 0004| Mr. President: | 0005| | 0006| Your RULES COMMITTEE, to whom has been referred | 0007| | 0008| HOUSE BILL 974 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO PASS. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| | 0018| __________________________________ | 0019| Gloria Howes, Chairman | 0020| | 0021| | 0022| | 0023| Adopted_______________________ Not | 0024| Adopted_______________________ | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| | 0003| | 0004| Date ________________________ | 0005| | 0006| | 0007| The roll call vote was 5 For 0 Against | 0008| Yes: 5 | 0009| No: 0 | 0010| Excused: Altamirano, Aragon, Campos | 0011| Absent: None | 0012| | 0013| | 0014| H0974RU1 |