SENATE BILL 254

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Lynda M. Lovejoy

AN ACT

RELATING TO THE LEGISLATURE; REQUIRING A COUNTY COMMISSION IN SOME INSTANCES TO SUBMIT MORE THAN ONE NAME TO FILL A LEGISLATIVE VACANCY.

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

     Section 1. Section 2-8D-4 NMSA 1978 (being Laws 2002, Chapter 98, Section 4) is amended to read:

     "2-8D-4. ELECTIONS--VACANCIES.--

          A. Members of the senate shall be elected for terms of four years.

          B. If a vacancy occurs in the office of senator for any reason, the vacancy shall be filled as follows:

                (1) for a senate district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the senator to fill the vacancy; and

                (2) for a senate district situated within two or more counties:

                     (a) the board of county commissioners of each county in the senate district shall submit one name to the governor, provided, however, that if a board of county commissioners submits the name of a member of that board, the board shall submit at least one additional name of a person who is not a member of that board; and

                     (b) the governor shall appoint the senator to fill the vacancy from the list of names so submitted.

          C. An appointment to fill a vacancy in the senate shall be for a term ending on December 31 after the next general election.

          D. An appointment to fill a vacancy made before the general election of 2004 shall be made from the district as it was described in Laws 1991 (1st S.S.), Chapter 3, Sections 7 through 48. After the general election of 2004, a vacancy shall be filled by appointment from the district set out in the 2002 Senate Redistricting Act."

     Section 2. Section 2-7C-5 NMSA 1978 (being Laws 1991 (1st S.S.), Chapter 2, Section 5) is amended to read:

     "2-7C-5. ELECTIONS--VACANCIES.--

          A. Members of the house of representatives shall be elected for terms of two years.

          B. If a vacancy occurs in the office of representative for any reason, the vacancy shall be filled as follows:

                (1) in any representative district situated wholly within the exterior boundaries of a single county, by appointment [of] by the board of county commissioners of that county; and

                (2) in any representative district situated within an area composed of two or more counties, by the following method:

                     (a) the board of county commissioners of each county in the representative district shall submit one name to the governor, provided, however, that if a board of county commissioners submits the name of a member of that board, the board shall submit at least one additional name of a person who is not a member of that board; and

                     (b) the governor shall appoint the representative to fill the vacancy from the list of names so submitted.

          C. All appointments to fill vacancies in the house of representatives shall be for a term ending on December 31 subsequent to the next succeeding general election."

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