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