0001| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0002| SENATE RULES COMMITTEE SUBSTITUTE FOR
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0003| SENATE BILL 61
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0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0005|
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0006|
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0007|
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0008|
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0009|
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0010|
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0011|
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0012| AN ACT
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0013| RELATING TO ELECTIONS; PROVIDING FOR A SPECIAL PRIMARY ELECTION
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0014| FOR THE OFFICE OF UNITED STATES REPRESENTATIVE; AMENDING AND
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0015| ENACTING SECTIONS OF THE ELECTION CODE; DECLARING AN EMERGENCY.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. A new section of the Election Code is enacted
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0019| to read:
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0020| "[NEW MATERIAL] UNITED STATES REPRESENTATIVE--VACANCY--
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0021| SPECIAL ELECTION AND SPECIAL PRIMARY ELECTION DUTIES.--
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0022| A. The secretary of state shall publish the
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0023| proclamation calling the special primary election and the
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0024| United States representative special election immediately in
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0025| two major newspapers of general circulation in the
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0001| congressional district and shall send an authenticated copy of
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0002| the proclamation to each county clerk by certified mail or by
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0003| facsimile.
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0004| B. Each county clerk shall either publish the
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0005| proclamation in a newspaper of general circulation in the
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0006| county or shall print and post the proclamation in English and
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0007| Spanish in six prominent places in the county."
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0008| Section 2. A new section of the Election Code is enacted
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0009| to read:
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0010| "[NEW MATERIAL] UNITED STATES REPRESENTATIVE--VACANCY--
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0011| SPECIAL ELECTION AND SPECIAL PRIMARY ELECTION--FILING FEE AND
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0012| DECLARATION OF CANDIDACY.--A candidate seeking the office of
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0013| United States representative in a special primary election
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0014| shall file either a declaration of candidacy accompanied by a
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0015| filing fee of two hundred eighty dollars ($280) or a
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0016| declaration of candidacy accompanied by a pauper's statement
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0017| with the secretary of state. The pauper's statement shall be
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0018| sworn and subscribed to on a form prescribed by the secretary
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0019| of state."
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0020| Section 3. Section 1-6-5 NMSA 1978 (being Laws 1969,
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0021| Chapter 240, Section 131, as amended by Laws 1993, Chapter 314,
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0022| Section 43 and also by Laws 1993, Chapter 316, Section 43) is
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0023| amended to read:
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0024| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT--
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0025| [MAKING] MARKING AND DELIVERY OF BALLOT IN PERSON.--
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0001| A. The county clerk shall mark each completed
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0002| absentee ballot application with the date and time of receipt
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0003| in the clerk's office and enter the required information in the
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0004| absentee ballot register. The county clerk shall then determine
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0005| if the applicant is a voter, an absent uniformed services voter or
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0006| an overseas voter.
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0007| B. If the applicant has no valid certificate of
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0008| registration on file in the county and he is not a federal
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0009| qualified elector or if the applicant states he is a federal
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0010| qualified elector but his application indicates he is not a
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0011| federal qualified elector, no absentee ballot shall be issued and
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0012| the county clerk shall mark the application "rejected" and file
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0013| the application in a separate file from those accepted.
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0014| C. The county clerk shall notify in writing each
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0015| applicant of the fact of acceptance or rejection of his
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0016| application and, if rejected, shall explain why the application
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0017| was rejected.
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0018| D. If the applicant is determined to be a voter or a
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0019| federal qualified elector, the county clerk shall mark the
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0020| application "accepted" and deliver or mail to the applicant an
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0021| absentee ballot and the required envelopes for use in returning
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0022| the ballot. Acceptance of an application of a federal qualified
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0023| elector constitutes registration for the election in which the
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0024| ballot is to be cast. Acceptance of an application from an
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0025| overseas voter who is not an absent uniformed services voter
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0001| constitutes a request for changing information on the certificate
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0002| of registration of any such voter. No absent voter shall be
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0003| permitted to change his party affiliation during those periods
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0004| when change of party affiliation is prohibited by the Election
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0005| Code. Upon delivery or mailing of an absentee ballot to any
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0006| applicant who is a voter, an appropriate designation shall be made
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0007| on the signature line of the signature roster next to the name of
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0008| the person who has been sent an absentee ballot.
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0009| E. If an application for an absentee ballot is delivered
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0010| in person to the county clerk and is accepted, the county clerk
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0011| shall deliver the absentee ballot and it shall be marked by the
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0012| applicant in a voting booth of a type prescribed by the secretary
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0013| of state in the courthouse, sealed in the proper envelopes and
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0014| otherwise properly executed and returned to the county clerk or
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0015| his authorized representative before the applicant leaves the
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0016| office of the county clerk. The act of marking the absentee
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0017| ballot in the office of the county clerk shall be a convenience to
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0018| the voter in the delivery of the absentee ballot and does not make
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0019| the office of the county clerk a polling place subject to the
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0020| requirements of a polling place in the Election Code other than is
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0021| provided in this subsection. It shall be unlawful to solicit
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0022| votes, display or otherwise make accessible any posters, signs or
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0023| other forms of campaign literature whatsoever in the clerk's
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0024| office. Except as provided in Subsection F of this section,
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0025| absentee ballots may be marked in person during the regular hours
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0001| and days of business at the county clerk's office from 8:00 a.m.
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0002| on the fortieth day preceding the election up until 5:00 p.m. on
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0003| the Saturday immediately prior to the date of the election. In
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0004| marking the absentee ballot, the voter may be assisted by one
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0005| person of the voter's [own] choice upon the execution with the
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0006| county clerk of an affidavit for assistance stating [therein] that
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0007| the voter meets at least one of the conditions for receiving such
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0008| assistance as is set forth by the provisions of Section 1-12-12
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0009| NMSA 1978.
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0010| F. For a special primary election and a United States
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0011| representative special election, absentee ballots may be marked in
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0012| person during the regular hours and days of business at the county
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0013| clerk's office from 8:00 a.m. on the fourteenth day preceding the
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0014| election up until 5:00 p.m. on the third day prior to that
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0015| election.
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0016| [F.] G. Absentee ballots shall be airmailed or sent by
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0017| facsimile to applicants temporarily domiciled inside or outside
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0018| the continental limits of the United States not later than on the
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0019| Thursday immediately prior to the date of the election.
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0020| [G.] H. No absentee ballot shall be delivered, sent by
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0021| facsimile or mailed to any person other than the applicant for
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0022| such ballot.
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0023| [H.] I. The county clerk shall accept and process with
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0024| respect to a primary or general election for any federal office,
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0025| any otherwise valid voter registration application from an absent
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0001| uniformed services voter or overseas voter received by mail or by
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0002| facsimile if the application is received not less than [thirty]
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0003| ten days before the election. The county clerk shall also accept
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0004| and process federal write-in absentee ballots from overseas voters
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0005| in general elections for federal offices in accordance with the
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0006| provisions of Section 103 of the federal Uniformed and Overseas
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0007| Citizens Absentee Voting Act.
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0008| J. For a special primary election or a United States
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0009| representative special election, a qualified elector who is a
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0010| member of the United States armed forces or the United States
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0011| merchant marine, a family member of that qualified elector, or a
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0012| qualified elector living outside the United States, may apply for
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0013| an absentee ballot by facsimile. If the application for an
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0014| absentee ballot is received not less than ten days before the
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0015| election, the clerk may send a facsimile absentee ballot to a
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0016| qualified elector and the qualified elector may return the voted
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0017| absentee ballot by facsimile."
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0018| Section 4. Section 1-6-7 NMSA 1978 (being Laws 1969, Chapter
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0019| 240, Section 133, as amended) is amended to read:
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0020| "1-6-7. FORM OF ABSENTEE BALLOT.--As soon as candidates and
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0021| questions to be voted upon have been determined for each election,
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0022| the county clerk shall procure a supply of suitable absentee
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0023| ballots. The absentee ballot shall be numbered and shall be, as
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0024| nearly as practicable, in the same form as prescribed by the
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0025| secretary of state for emergency ballots. However, to reduce
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0001| weight and bulk for transport of absentee ballots, the size and
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0002| weight of the paper for envelopes, ballots and instructions shall
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0003| be reduced as much as possible. Absentee ballots shall be printed
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0004| at least forty days prior to the date of a primary election and
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0005| forty-nine days prior to the date of a general election. Absentee
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0006| ballots shall be printed and shall be delivered to the county
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0007| clerk at least sixteen days prior to the date of a special primary
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0008| election or a United States representative special election.
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0009| Absentee ballots for any other election shall be printed at least
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0010| thirty-five days prior to the date of the election."
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0011| Section 5. Section 1-6A-5 NMSA 1978 (being Laws 1993,
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0012| Chapter 37, Section 5, as amended) is amended to read:
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0013| "1-6A-5. PROCESSING APPLICATION.--
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0014| A. The county clerk shall mark each completed
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0015| absentee-early application with the date and time of receipt in
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0016| the clerk's office and enter the required information in the
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0017| absentee ballot register.
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0018| B. If the applicant has no valid affidavit of
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0019| registration on file in the county and he is not a federal
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0020| qualified elector, he shall not be allowed to vote. The county
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0021| clerk shall mark the application "rejected" and file the
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0022| application in a separate file from those accepted.
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0023| C. If the applicant presents proof of identification and
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0024| is determined to be a voter or a federal qualified elector, the
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0025| county clerk shall mark the application "accepted" and deliver a
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0001| marksense ballot or allow the voter to vote on the
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0002| direct-recording electronic machine. Upon acceptance of the
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0003| application, an appropriate designation shall be made on the
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0004| absentee register.
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0005| D. Except as provided in Subsection E of this section,
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0006| absentee-early voting may be done in person during the regular
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0007| hours of business at the county clerk's office or other locations
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0008| specified by the county clerk; provided that in class A counties,
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0009| the county clerk shall establish not less than four alternative
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0010| locations [as satellite polling places]. Absentee-early voting
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0011| may be done from 8:00 a.m. on the twentieth day preceding the
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0012| election up until 5:00 p.m. on the Saturday immediately prior to
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0013| the date of the election. In voting absentee-early, the voter may
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0014| be assisted by one person of the voter's [own] choice.
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0015| E. Absentee-early voting for a special primary election
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0016| or for a United States representative special election may be done
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0017| at the county clerk's office or other location specified by the
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0018| county clerk. Where less than the entire territory of a class A
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0019| county is included in a district where a special primary election
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0020| or a United States representative special election will be held,
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0021| the number of absentee-early alternative locations may be reduced
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0022| proportionally, at the discretion of the county clerk. Absentee-
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0023| early voting may be done from 8:00 a.m. on the eleventh day
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0024| preceding the election up until 5:00 p.m. three days prior to the
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0025| date of the election. In voting absentee-early, the voter may be
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0001| assisted by one person of the voter's choice.
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0002| [E.] F. The secretary of state and county clerk shall
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0003| make reasonable efforts to publicize and inform voters of the
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0004| times and locations for absentee-early voting."
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0005| Section 5. Section 1-8-50 NMSA 1978 (being Laws 1977,
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0006| Chapter 322, Section 6, as amended) is amended to read:
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0007| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL [OR UNITED
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0008| STATES REPRESENTATIVE SPECIAL] ELECTIONS--NOMINATING PETITION
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0009| FORM.--
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0010| A. As used in Sections [3-8-27.1 through 3-8-27.8 NMSA
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0011| 1953] 1-8-45 through 1-8-52 NMSA 1978, "nominating petition" means
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0012| the form or forms used for obtaining the required number of
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0013| signatures of voters [which] that is signed on behalf of the
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0014| person wishing to become an independent candidate for a political
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0015| office in a general [or United States representative special]
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0016| election requiring a nominating petition.
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0017| B. The nominating petition shall be on paper
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0018| approximately eight and one-half inches wide and fourteen inches
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0019| long with numbered lines for signatures spaced approximately
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0020| three-eighths of an inch apart and shall be in the following form:
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0021| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY
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0022| I, the undersigned, a registered voter of the
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0023| county of ____________________, New Mexico, hereby
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0024| nominate ___________________________________, who
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0025| resides at _________________________ in the county of
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0001| _______________, New Mexico, as an independent
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0002| candidate for the office of _________________________,
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0003| to be voted for at the general election [(United States
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0004| representative special election)] to be held on
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0005| November _____, 19 _____, and I declare that I am a
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0006| resident of the state, district, county or area to be
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0007| represented by the office for which the person being
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0008| nominated is a candidate. I also declare that I have
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0009| not signed, and will not sign, any nominating petition
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0010| for more persons than the number of candidates
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0011| necessary to fill such office at the next ensuing
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0012| general election.
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0013| 1. ______________ _______________ _____________
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0014| __________
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0015| (usual (name printed (address as (city)
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0016| signature) as registered) registered)
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0017| 2. ______________ _______________ _____________
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0018| __________
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0019| (usual (name printed (address as
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0020| (city)."
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0021| signature) as registered) registered)
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0022| C. The secretary of state shall furnish to each
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0023| county clerk a sample of the nominating petition form, a
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0024| copy of which shall be made available by the county clerk
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0025| upon request of any candidate as provided by the Election
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0001| Code.
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0002| D. The signature of the voter shall not be counted
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0003| unless the entire line is filled out in full and is upon the
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0004| form prescribed by this section.
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0005| E. When more than one sheet is required for a
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0006| petition, each of the sheets shall be in the form prescribed
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0007| by this section, and all sheets shall be firmly secured by a
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0008| staple or other suitable fastening."
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0009| Section 6. Section 1-8-52 NMSA 1978 (being Laws 1977,
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0010| Chapter 322, Section 8, as amended) is amended to read:
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0011| "1-8-52. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED
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0012| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING
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0013| PETITIONS--CIRCULATION--DATE OF FILING.--
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0014| A. Declarations of independent candidacy [and
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0015| nominating petitions] for a vacancy in the office of United
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0016| States representative shall be filed with the [proper filing
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0017| officer] secretary of state during the period commencing at
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0018| 9:00 a.m. on the [second Tuesday of July of each even-
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0019| numbered year] fourteenth day following the issuance of the
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0020| special primary election proclamation and ending at 5:00
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0021| p.m. on that same day [and not later than 5:00 p.m. on the
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0022| fifty-sixth day preceding any United States representative
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0023| special election].
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0024| B. Declarations of independent candidacy and
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0025| nominating petitions for the office of president of the
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0001| United States or for any other office to be filled at a
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0002| general election shall be filed with the proper filing
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0003| officer during the period commencing at 9:00 a.m. on the
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0004| fifty-sixth day prior to [the] that general election and
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0005| ending at 5:00 p.m. on the same day."
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0006| Section 7. Section 1-12-19.1 NMSA 1978 (being Laws
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0007| 1981, Chapter 156, Section 2, as amended) is amended to
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0008| read:
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0009| "1-12-19.1. GENERAL ELECTIONS--WRITE-IN CANDIDATES.--
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0010| A. A person desiring to be a write-in candidate in
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0011| a general election [a special election for United States
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0012| representative] or a statewide special election shall file
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0013| with the proper filing officer a declaration of intent to be
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0014| a write-in candidate. The declaration of intent shall be
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0015| filed between 9:00 a.m. and 5:00 p.m. on the sixty-third day
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0016| immediately preceding the election.
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0017| B. The form of the declaration of intent shall be
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0018| prescribed by the secretary of state and shall contain a
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0019| sworn statement by the candidate that he is qualified to be
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0020| a candidate for and to hold the office for which he is
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0021| filing.
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0022| C. At the time of filing the declaration of intent
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0023| to be a write-in candidate, the write-in candidate shall be
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0024| considered a candidate for all purposes and provisions
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0025| relating to candidates in the Election Code, including the
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0001| obligation to report under the Campaign Reporting Act,
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0002| except that he shall not be entitled to have his name
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0003| printed on the ballot.
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0004| D. The secretary of state shall, not less than ten
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0005| days before the general election, certify the names of the
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0006| declared write-in candidates to the county clerks of every
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0007| county affected by such candidacy.
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0008| E. No person shall be a write-in candidate in the
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0009| general election who was a candidate in the primary election
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0010| immediately prior to the general election.
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0011| F. A vote for a write-in candidate shall be
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0012| counted and canvassed only if:
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0013| (1) the name written in is the name of a
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0014| declared write-in candidate and shows two initials and last
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0015| name; first name, middle initial or name and last name;
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0016| first and last name; or the full name as it appears on the
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0017| declaration of intent to be a write-in candidate and
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0018| misspellings of the above combinations that can be
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0019| reasonably determined by a majority of the members of the
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0020| precinct board to identify a declared write-in candidate;
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0021| and
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0022| (2) the name is written in the proper office
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0023| or entered upon the keyboard on the voting machine or on the
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0024| proper line provided on a marksense ballot, absentee ballot
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0025| or emergency paper ballot for write-in votes for the office
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0001| for which the candidate has filed a declaration of intent.
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0002| G. No unopposed write-in candidate shall have his
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0003| election certified unless he receives at least the number of
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0004| write-in votes as he would need signatures on a nominating
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0005| petition pursuant to the requirements in Section 1-8-33 NMSA
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0006| 1978.
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0007| H. A write-in vote shall be cast by writing in the
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0008| name. As used in this section, "write-in" does not include
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0009| the imprinting of any name by rubber stamp or similar device
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0010| or the use of preprinted stickers or labels."
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0011| Section 8. Section 1-13-16 NMSA 1978 (being Laws 1969,
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0012| Chapter 240, Section 319, as amended) is amended to read:
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0013| "1-13-16. POST-ELECTION DUTIES--STATE CANVASS METHOD.--
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0014| A. The state canvass shall be made from the
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0015| election returns transmitted directly to the secretary of
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0016| state from each of the precinct boards and, in the case of
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0017| candidates voted upon by a district composed of two or more
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0018| counties, from the certificates transmitted by the county
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0019| canvassing boards.
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0020| B. Upon the completion of the canvass, but not
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0021| sooner than the thirty-first day after any primary, general
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0022| or district special election, or the tenth day after any
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0023| special primary election or United States representative
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0024| special election, the state canvassing board shall issue to
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0025| those candidates entitled by law the appropriate certificate
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0001| of election or, in the case of a primary election or special
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0002| primary election, a certificate of nomination.
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0003| C. The state canvassing board may designate a
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0004| person or persons to compare the totals appearing on the
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0005| election returns, statements of canvass and certificates and
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0006| to certify the results of their findings to the state
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0007| canvassing board."
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0008| Section 9. Section 1-15-18.1 NMSA 1978 (being Laws
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0009| 1983, Chapter 232, Section 16) is amended to read:
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0010| "1-15-18.1. UNITED STATES REPRESENTATIVE--VACANCY.--
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0011| A. Except as provided in Subsection E of this
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0012| section, ten days after a vacancy occurs in the office of
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0013| United States representative the governor shall, by
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0014| proclamation, call a special primary election and a special
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0015| election [to be held not less than eighty-four nor more than
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0016| ninety-one days after the date of the vacancy for the pur-
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0017|
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0018| pose of filling the vacancy, except as provided in
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0019| Subsection E of this section.
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0020| B. Upon the issuance of the governor's
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0021| proclamation, each qualified political party may nominate in
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0022| the manner provided by the rules of that party a candidate
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0023| to fill the vacancy in the office of United States
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0024| representative; provided that such nomination is certified
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0025| to the secretary of state by the state chairman of that
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0001| party no later than 5:00 p.m. on the fifty-sixth day
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0002| preceding the date of the special election]. Not more than
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0003| sixty days after the issuance of the proclamation a special
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0004| primary election shall be conducted and not more than ninety
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0005| days after the issuance of the proclamation a United States
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0006| representative special election shall be conducted in the
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0007| congressional district in which the vacancy has occurred.
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0008| B. Major party candidates for the special primary
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0009| election shall file a declaration of candidacy between the
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0010| hours of 9:00 a.m. and 5:00 p.m. on the fourteenth day
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0011| following the issuance of the election proclamation.
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0012| Nominations by minor political parties may be certified in
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0013| writing to the secretary of state by the chairman and
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0014| secretary of the minor party; provided that any
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0015| certification shall be filed with the secretary of state no
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0016| less than seven days after the special primary election.
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0017| C. Declarations of independent candidacy to fill
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0018| the vacancy in the office of United States representative
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0019| [and nominating petitions pertaining thereto] shall be
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0020| [filed with the secretary of state no later than 5:00 p.m.
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0021| on the fifty-sixth day preceding the date of the special
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0022| election] made in the manner provided in Section 1-8-52 NMSA
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0023| 1978.
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0024| D. Special elections called for the purpose of
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0025| filling a vacancy in the office of United States
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0001| representative shall be conducted in accordance with the
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0002| provisions of the Election Code; provided, however, if there
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0003| is a conflict between this section and other provisions of
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0004| the Election Code, the provisions of this section shall
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0005| control.
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0006| E. If a vacancy occurs in the office of United
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0007| States representative after the date of the regular primary
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0008| election and before the date of the general election of that
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0009| same year, such vacancy shall be filled at that general
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0010| election of the same year. Candidates seeking the office of
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0011| United States representative in such general election for
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0012| the next succeeding term shall be deemed to be candidates
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0013| for the unexpired term as well, and the candidate elected
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0014| shall take office upon the certification of the election
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0015| results."
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0016| Section 10. EMERGENCY.--It is necessary for the public
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0017| peace, health and safety that this act take effect
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0018| immediately.
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0019|
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