HOUSE BILL 203

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Jose A. Campos

AN ACT

RELATING TO ELECTIONS; PROVIDING THAT CANDIDATES WHO FAIL TO RECEIVE PREPRIMARY CONVENTION DESIGNATION MAY COLLECT ADDITIONAL SIGNATURES FROM EACH COUNTY IN THE STATE OR CONGRESSIONAL DISTRICT AS AN ALTERNATIVE METHOD OF GAINING PRIMARY BALLOT ACCESS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 1-8-33 NMSA 1978 (being Laws 1973, Chapter 228, Section 7, as amended) is amended to read:

     "1-8-33. PRIMARY ELECTION LAW--NOMINATING PETITION-- NUMBER OF SIGNATURES REQUIRED.--

          A. As used in this section, "total vote" means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated.

          B. Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy. Nominating petitions for those candidates shall be signed by a number of voters equal to at least two percent of the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater: for statewide offices, two hundred thirty voters; and for congressional candidates, seventy-seven voters.

          C. Nominating petitions for candidates for any other office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least three percent of the total vote of the candidate's party in the district or division, or the following number of voters, whichever is greater: for metropolitan court and magistrate courts, ten voters; for the public regulation commission, fifty voters; for the public education commission, twenty-five voters; for state representative, ten voters; for state senator, seventeen voters; and for district attorney and district judge, fifteen voters.

          D. A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures from each county in the state or from each county in the congressional district, whichever applies to the office the candidate seeks, and file a new declaration of candidacy and nominating petitions for the office for which the candidate failed to receive a preprimary designation. The additional signatures from each county shall total at least two percent of the total vote received in that county; except for those counties only partially contained within a congressional district, for which the additional signatures shall total at least two percent of the total vote received in those precincts within that portion of the county that is located in the congressional district.

          E. Additional signatures collected pursuant to Subsection D of this section shall be obtained after the conclusion of the preprimary convention on a nominating petition prescribed by the secretary of state in accordance with the form pursuant to Section 1-8-30 NMSA 1978; except that the form shall conspicuously display in plain and legible letters the words "Nominating Petition For A Candidate Who Did Not Receive A Preprimary Convention Designation". The candidate shall also subscribe to a statement on the new declaration of candidacy that the additional signatures were collected after the conclusion of the preprimary convention. The declaration of candidacy and nominating petitions shall be filed with the secretary of state either twenty days following the date of the preprimary convention at which the candidate failed to receive the designation or on the date all declarations of candidacy and nominating petitions are due pursuant to the provisions of the Primary Election Law, whichever is later."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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