SENATE JOINT RESOLUTION 10
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Howie Morales
A JOINT RESOLUTION
PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO TRANSFER THE ADMINISTRATION OF STATE ELECTIONS TO A NONPARTISAN OFFICE OF ELECTIONS WHOSE OPERATION IS OVERSEEN AND WHOSE DIRECTOR IS APPOINTED BY AN INDEPENDENT ELECTION COMMISSION.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 5 of the constitution of New Mexico by adding a new section to read:
"A. The "office of elections" is created as a nonpartisan independent office in the executive branch as of July 1, 2015. The office of elections shall be responsible for conducting and overseeing state elections, performing duties pertaining to the state administration of elections and performing related duties as provided by law. The director of the office of elections shall be the chief election officer of the state and shall be appointed by the election commission. The duties and qualifications of the director shall be as provided by law.
B. The "election commission" is created as an independent elections oversight commission that shall consist of the following members, no more than three of whom may be members of the same political party:
(1) one election director from the county clerk offices of the five most populous counties, appointed by majority vote of the county clerks;
(2) one election director from the county clerk offices of the remaining counties, appointed by majority vote of the county clerks; and
(3) five public members, who shall have expertise in the area of elections, appointed by the governor from a list of nominees submitted to the governor by the majority and minority leaders of the senate and the house of representatives.
C. Members of the commission shall be appointed for staggered terms of six years, beginning January 1 of the year of their appointment. Upon initial appointment of the commission, which shall occur no later than March 1, 2015, the members shall draw lots to determine which two members shall serve initial terms of two years, which two members shall serve initial terms of four years and which two members shall serve initial terms of six years; thereafter, all members shall serve six-year terms.
D. A vacancy on the commission shall be filled by appointment by the original appointing authority for that member's unexpired term, using the process by which that member was originally appointed. A member shall be removed only for incompetence, neglect of duty or malfeasance in office. The state supreme court has exclusive jurisdiction over proceedings to remove a commission member, and its decision shall be final. A member shall be given notice of hearing for removal, which notice shall state the grounds for removal, and be given an opportunity to be heard before the member is removed.
E. The election commission shall:
(1) appoint the director of elections;
(2) formulate policies for the operation and conduct of the office of elections;
(3) generally supervise the activities of the office of elections;
(4) approve the annual budget of the office of elections to be submitted to the legislature; and
(5) prepare an annual report for the governor and the legislature on the state of election law and the conduct of elections in the state.
F. Members of the commission are entitled to receive per diem and mileage at internal revenue service per diem rate for the city of Santa Fe and the internal revenue service standard mileage rate for travel while engaged in the performance of their official duties for the commission."
SECTION 2. It is proposed to amend Article 4, Section 1 of the constitution of New Mexico to read:
"A. The legislative power shall be vested in a senate and house of representatives, which shall be designated the legislature of the state of New Mexico, and shall hold its sessions at the seat of government.
B. The people reserve the power to disapprove, suspend and annul any law enacted by the legislature, except general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions; and local or special laws. Petitions disapproving any law other than those above excepted, enacted at the last preceding session of the legislature, shall be filed with the [secretary of state] office of elections not less than four months prior to the next general election. Such petitions shall be signed by not less than ten [per centum] percent of the qualified electors of each of three-fourths of the counties and in the aggregate by not less than ten [per centum] percent of the qualified electors of the state, as shown by the total number of votes cast at the last preceding general election. The question of the approval or rejection of such law shall be submitted by the [secretary of state] office of elections to the electorate at the next general election [and]. If a majority of the legal votes cast thereon, and not less than forty [per centum] percent of the total number of legal votes cast at such general election, be cast for the rejection of such law, it shall be annulled and thereby repealed with the same effect as if the legislature had then repealed it, and such repeal shall revive any law repealed by the act so annulled; otherwise, it shall remain in force unless subsequently repealed by the legislature. If such petition or petitions be signed by not less than twenty-five [per centum] percent of the qualified electors under each of the foregoing conditions, and be filed with the [secretary of state] office of elections within ninety days after the adjournment of the session of the legislature at which such law was enacted, the operation thereof shall be thereupon suspended and the question of its approval or rejection shall be likewise submitted to a vote at the next ensuing general election. If a majority of the votes cast thereon and not less than forty [per centum] percent of the total number of votes cast at such general election be cast for its rejection, it shall be thereby annulled; otherwise, it shall go into effect upon publication of the certificate of the [secretary of state] office of elections declaring the result of the vote thereon. It shall be a felony for any person to sign any such petition with any name other than [his] the person's own, or to sign [his] the person's own name more than once for the same measure, or to sign such petition when [he] the person is not a qualified elector in the county specified in such petition; provided that nothing herein shall be construed to prohibit the writing thereon of the name of any person who cannot write, and who signs the same with [his] the person's mark. The legislature shall enact laws necessary for the effective exercise of the power hereby reserved."
SECTION 3. It is proposed to amend Article 5, Section 2 of the constitution of New Mexico to read:
"The returns of every election for state officers shall be sealed up and transmitted to the [secretary of] chief election officer of the state, who, with the governor and chief justice, shall constitute the state canvassing board, which shall canvass and declare the result of the election. The joint candidates having the highest number of votes cast for governor and lieutenant governor and the person having the highest number of votes for any other office, as shown by said returns, shall be declared duly elected. If two or more have an equal, and the highest, number of votes for the same office or offices, one of them, or any two for whom joint votes were cast for governor and lieutenant governor respectively, shall be chosen therefor by the legislature on joint ballot."
SECTION 4. It is proposed to amend Article 19, Section 1 of the constitution of New Mexico to read:
"A. An amendment or amendments to this constitution may be proposed in either house of the legislature at a regular session, and if a majority of all members elected to each of the two houses voting separately votes in favor thereof, the proposed amendment or amendments shall be entered on their respective journals with the yeas and nays thereon.
B. An amendment or amendments may also be proposed by an independent commission established by law for that purpose, and the amendment or amendments shall be submitted to the legislature for its review in accordance with the provisions of this section.
C. The [secretary of state] office of elections shall cause any such amendment or amendments to be published in at least one newspaper in every county of the state, where a newspaper is published once each week, for four consecutive weeks, in English and Spanish when newspapers in both of said languages are published in such counties, the last publication to be not more than two weeks prior to the election at which time said amendment or amendments shall be submitted to the electors of the state for their approval or rejection; and shall further provide notice of the content and purpose of legislatively approved constitutional amendments in both English and Spanish to inform electors about the amendments in the time and manner provided by law. The [secretary of state] office of elections shall also make reasonable efforts to provide notice of the content and purpose of legislatively approved constitutional amendments in indigenous languages and to minority language groups to inform electors about the amendments. Amendments approved by the legislature shall be voted upon at the next regular election held after the adjournment of that legislature or at a special election to be held not less than six months after the adjournment of that legislature, at such time and in such manner as the legislature may by law provide. An amendment that is ratified by a majority of the electors voting on the amendment shall become part of this constitution.
D. If two or more amendments are initiated by the legislature, they shall be so submitted as to enable the electors to vote on each of them separately. Amendments initiated by an independent commission created by law for that purpose may be submitted to the legislature separately or as a single ballot question, and any such commission-initiated amendments that are not substantially altered by the legislature may be submitted to the electors in the separate or single ballot question form recommended by the commission. No amendment shall restrict the rights created by Sections One and Three of Article VII hereof, on elective franchise, and Sections Eight and Ten of Article XII hereof, on education, unless it be proposed by vote of three-fourths of the members elected to each house and be ratified by a vote of the people of this state in an election at which at least three-fourths of the electors voting on the amendment vote in favor of that amendment."
SECTION 5. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.
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