0001| SENATE RULES COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 61 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO ELECTIONS; PROVIDING FOR A SPECIAL PRIMARY ELECTION | 0013| FOR THE OFFICE OF UNITED STATES REPRESENTATIVE; AMENDING, | 0014| REPEALING AND ENACTING SECTIONS OF THE ELECTION CODE; DECLARING | 0015| 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 in enacted | 0019| to read: | 0020| "[NEW MATERIAL] UNITED STATES REPRESENTATIVE SPECIAL | 0021| ELECTION.-- | 0022| A. When a vacancy in the office of United States | 0023| representative occurs, except as provided in Subsection D of | 0024| this section, the governor shall by proclamation call a special | 0025| primary election: | 0001| (1) on the first Tuesday following the vacancy; | 0002| or | 0003| (2) on the second Tuesday following the vacancy, | 0004| if that vacancy occurs after the preceding Friday. | 0005| The special primary election shall be conducted in the | 0006| congressional district not more than sixty days after the | 0007| issuance of the proclamation for the purpose of nominating a | 0008| candidate from each major political party for the special | 0009| United States representative election. A declaration of | 0010| candidacy shall be filed by a candidate for nomination by a | 0011| major political party between the hours of 9:00 a.m. and 5:00 | 0012| p.m. of the fourteenth day following the issuance of the | 0013| special primary election proclamation. | 0014| B. Nominations by minor political parties for the | 0015| special election to fill the vacancy in the office of United | 0016| States representative shall be made in the manner provided for | 0017| in Subsection A of section. | 0018| C. Declarations of independent candidacy to fill the | 0019| vacancy in the office of United States representative shall be | 0020| made in the manner provided for in Subsection A of this | 0021| section. | 0022| D. If a vacancy occurs in the office of United States | 0023| representative after the date of the regular primary election | 0024| and before the date of the general election of the same year, | 0025| that vacancy shall be filled in that general election of the | 0001| same year. Candidates seeking the office of United States | 0002| representative in that general election for the next succeeding | 0003| term shall be deemed to be candidates for the unexpired term as | 0004| well, and the candidate elected shall take office upon the | 0005| certification of the election results. | 0006| E. Precincts may be consolidated as provided in Section | 0007| 1-24-3 NMSA 1978 at the discretion of the county clerk. | 0008| F. A special United States representative election shall | 0009| be held in the congressional district not more than one hundred | 0010| days after the date of the vacancy in the office of United States | 0011| representative for the purpose of filling that vacancy." | 0012| Section 2. A new section of the Election Code is | 0013| enacted to read: | 0014| "[NEW MATERIAL] FILING FEE AND DECLARATION OF CANDIDACY FOR | 0015| UNITED STATES REPRESENTATIVE SPECIAL ELECTION.-- | 0016| A. A candidate seeking the office of United States | 0017| representative in a special primary election shall file either a | 0018| declaration of candidacy accompanied by a filing fee of two | 0019| hundred eighty dollars ($280) or a pauper's statement with the | 0020| secretary of state. | 0021| B. In the event a candidate is unable to pay the filing | 0022| fee, he may file a statement with the secretary of state at the | 0023| time he files his declaration of candidacy to the effect that he | 0024| is without financial means to pay the filing fee. The statement | 0025| shall be sworn and subscribed to on the form prescribed by the | 0001| secretary of state and shall be attached to the declaration of | 0002| candidacy." | 0003| Section 3. Section 1-6-5 NMSA 1978 (being Laws 1969, Chapter | 0004| 240, Section 131, as amended by Laws 1993, Chapter 314, Section 43 | 0005| and also by Laws 1993, Chapter 316, Section 43) is amended to | 0006| read: | 0007| "1-6-5. PROCESSING APPLICATION--ISSUANCE OF BALLOT--[MAKING] | 0008| MARKING AND DELIVERY OF BALLOT IN PERSON.-- | 0009| A. The county clerk shall mark each completed absentee | 0010| ballot application with the date and time of receipt in the | 0011| clerk's office and enter the required information in the absentee | 0012| ballot register. The county clerk shall then determine if the | 0013| applicant is a voter, an absent uniformed services voter or an | 0014| overseas voter. | 0015| B. If the applicant has no valid certificate of | 0016| registration on file in the county and he is not a federal | 0017| qualified elector or if the applicant states he is a federal | 0018| qualified elector but his application indicates he is not a | 0019| federal qualified elector, no absentee ballot shall be issued and | 0020| the county clerk shall mark the application "rejected" and file | 0021| the application in a separate file from those accepted. | 0022| C. The county clerk shall notify in writing each | 0023| applicant of the fact of acceptance or rejection of his | 0024| application and, if rejected, shall explain why the application | 0025| was rejected. | 0001| D. If the applicant is determined to be a voter or a | 0002| federal qualified elector, the county clerk shall mark the | 0003| application "accepted" and deliver or mail to the applicant an | 0004| absentee ballot and the required envelopes for use in returning | 0005| the ballot. Acceptance of an application of a federal qualified | 0006| elector constitutes registration for the election in which the | 0007| ballot is to be cast. Acceptance of an application from an | 0008| overseas voter who is not an absent uniformed services voter | 0009| constitutes a request for changing information on the certificate | 0010| of registration of any such voter. No absent voter shall be | 0011| permitted to change his party affiliation during those periods | 0012| when change of party affiliation is prohibited by the Election | 0013| Code. Upon delivery or mailing of an absentee ballot to any | 0014| applicant who is a voter, an appropriate designation shall be made | 0015| on the signature line of the signature roster next to the name of | 0016| the person who has been sent an absentee ballot. | 0017| E. If an application for an absentee ballot is delivered | 0018| in person to the county clerk and is accepted, the county clerk | 0019| shall deliver the absentee ballot and it shall be marked by the | 0020| applicant in a voting booth of a type prescribed by the secretary | 0021| of state in the courthouse, sealed in the proper envelopes and | 0022| otherwise properly executed and returned to the county clerk or | 0023| his authorized representative before the applicant leaves the | 0024| office of the county clerk. The act of marking the absentee | 0025| ballot in the office of the county clerk shall be a convenience to | 0001| the voter in the delivery of the absentee ballot and does not make | 0002| the office of the county clerk a polling place subject to the | 0003| requirements of a polling place in the Election Code other than is | 0004| provided in this subsection. It shall be unlawful to solicit | 0005| votes, display or otherwise make accessible any posters, signs or | 0006| other forms of campaign literature whatsoever in the clerk's | 0007| office. Except as provided in Subsection F of this section, | 0008| absentee ballots may be marked in person during the regular hours | 0009| and days of business at the county clerk's office from 8:00 a.m. | 0010| on the fortieth day preceding the election up until 5:00 p.m. on | 0011| the Saturday immediately prior to the date of the election. In | 0012| marking the absentee ballot, the voter may be assisted by one | 0013| person of the voter's [own] choice upon the execution with the | 0014| county clerk of an affidavit for assistance stating [therein] that | 0015| the voter meets at least one of the conditions for receiving such | 0016| assistance as is set forth by the provisions of Section 1-12-12 | 0017| NMSA 1978. | 0018| F. For a special primary election, and a special United | 0019| States representative election, absentee ballots may be marked in | 0020| person during the regular hours and days of business at the county | 0021| clerk's office from 8:00 a.m. on the fourteenth day preceding the | 0022| election up until 5:00 p.m. on the third day prior to that | 0023| election. | 0024| [F.] G. Absentee ballots shall be airmailed to | 0025| applicants temporarily domiciled inside or outside the continental | 0001| limits of the United States not later than on the Thursday | 0002| immediately prior to the date of the election. | 0003| [G.] H. No absentee ballot shall be delivered or mailed | 0004| to any person other than the applicant for such ballot. | 0005| [H.] I. The county clerk shall accept and process with | 0006| respect to a primary or general election for any federal office, | 0007| any otherwise valid voter registration application from an absent | 0008| uniformed services voter or overseas voter received by mail or by | 0009| facsimile if the application is received not less than thirty days | 0010| before the election. The county clerk shall also accept and | 0011| process federal write-in absentee ballots from overseas voters in | 0012| general elections for federal offices in accordance with the | 0013| provisions of Section 103 of the federal Uniformed and Overseas | 0014| Citizens Absentee Voting Act. | 0015| J. For a special primary election and a special United | 0016| States representative election, a qualified elector who is a | 0017| member of the United States armed forces or the United States | 0018| merchant marine, a family member of that qualified elector, or a | 0019| qualified elector living outside the United States, may apply for | 0020| an absentee ballot by facsimile. A clerk may send and receive | 0021| facsimile absentee ballots that have been voted from eligible | 0022| qualified electors." | 0023| Section 4. Section 1-6-7 NMSA 1978 (being Laws 1969, Chapter | 0024| 240, Section 133, as amended) is amended to read: | 0025| "1-6-7. FORM OF ABSENTEE BALLOT.--As soon as candidates and | 0001| questions to be voted upon have been determined for each election, | 0002| the county clerk shall procure a supply of suitable absentee | 0003| ballots. The absentee ballot shall be numbered and shall be, as | 0004| nearly as practicable, in the same form as prescribed by the | 0005| secretary of state for emergency ballots. However, to reduce | 0006| weight and bulk for transport of absentee ballots, the size and | 0007| weight of the paper for envelopes, ballots and instructions shall | 0008| be reduced as much as possible. Absentee ballots shall be printed | 0009| at least forty days prior to the date of a primary election and | 0010| forty-nine days prior to the date of a general election. Absentee | 0011| ballots shall be printed and shall be delivered to the county | 0012| clerk at least sixteen days prior to the date of a special primary | 0013| election or a special United States representative election. | 0014| Absentee ballots for any other election shall be printed at least | 0015| thirty-five days prior to the date of the election." | 0016| Section 5. Section 1-6A-5 NMSA 1978 (being Laws 1993, | 0017| Chapter 37, Section 5, as amended) is amended to read: | 0018| "1-6A-5. PROCESSING APPLICATION.-- | 0019| A. The county clerk shall mark each completed | 0020| absentee-early application with the date and time of receipt in | 0021| the clerk's office and enter the required information in the | 0022| absentee ballot register. | 0023| B. If the applicant has no valid affidavit of | 0024| registration on file in the county and he is not a federal | 0025| qualified elector, he shall not be allowed to vote. The county | 0001| clerk shall mark the application "rejected" and file the | 0002| application in a separate file from those accepted. | 0003| C. If the applicant presents proof of identification and | 0004| is determined to be a voter or a federal qualified elector, the | 0005| county clerk shall mark the application "accepted" and deliver a | 0006| marksense ballot or allow the voter to vote on the | 0007| direct-recording electronic machine. Upon acceptance of the | 0008| application, an appropriate designation shall be made on the | 0009| absentee register. | 0010| D. Except as provided in Subsection E of this section, | 0011| absentee-early voting may be done in person during the regular | 0012| hours of business at the county clerk's office or other locations | 0013| specified by the county clerk; provided that in class A counties, | 0014| the county clerk shall establish not less than four alternative | 0015| locations as satellite polling places. Absentee-early voting may | 0016| be done from 8:00 a.m. on the twentieth day preceding the election | 0017| up until 5:00 p.m. on the Saturday immediately prior to the date | 0018| of the election. In voting absentee-early, the voter may be | 0019| assisted by one person of the voter's [own] choice. | 0020| E. Absentee-early voting for a special primary election | 0021| or for a special United States representative election may be done | 0022| at the county clerk's office or other location specified by the | 0023| county clerk. Where less than the entire territory of a class A | 0024| county is included in a district where a special primary election | 0025| or a special United States representative election will be held, | 0001| the number of absentee-early satellite polling places may be | 0002| reduced proportionally, at the discretion of the county clerk. | 0003| Absentee-early voting may be done from 8:00 a.m. on the eleventh | 0004| day preceding the election up until 5:00 p.m. three days prior to | 0005| the date of the election. In voting absentee-early, the voter may | 0006| be assisted by one person of the voter's choice. | 0007| [E.] F. The secretary of state and county clerk shall | 0008| make reasonable efforts to publicize and inform voters of the | 0009| times and locations for absentee-early voting." | 0010| Section 6. Section 1-8-50 NMSA 1978 (being Laws 1977, | 0011| Chapter 322, Section 6, as amended) is amended to read: | 0012| "1-8-50. INDEPENDENT CANDIDATES FOR GENERAL [OR UNITED | 0013| STATES REPRESENTATIVE SPECIAL] ELECTIONS--NOMINATING PETITION | 0014| FORM.-- | 0015| A. As used in Sections [3-8-27.1 through 3-8-27.8 NMSA | 0016| 1953] 1-8-45 through 1-8-52 NMSA 1978, "nominating petition" means | 0017| the form or forms used for obtaining the required number of | 0018| signatures of voters [which] that is signed on behalf of the | 0019| person wishing to become an independent candidate for a political | 0020| office in a general [or United States representative special] | 0021| election requiring a nominating petition. | 0022| B. The nominating petition shall be on paper | 0023| approximately eight and one-half inches wide and fourteen inches | 0024| long with numbered lines for signatures spaced approximately | 0025| three-eighths of an inch apart and shall be in the following form: | 0001| "NOMINATING PETITION FOR INDEPENDENT CANDIDACY | 0002| I, the undersigned, a registered voter of the | 0003| county of ____________________, New Mexico, hereby | 0004| nominate ___________________________________, who | 0005| resides at _________________________ in the county of | 0006| _______________, New Mexico, as an independent | 0007| candidate for the office of _________________________, | 0008| to be voted for at the general election [(United States | 0009| representative special election)] to be held on | 0010| November _____, 19 _____, and I declare that I am a | 0011| resident of the state, district, county or area to be | 0012| represented by the office for which the person being | 0013| nominated is a candidate. I also declare that I have | 0014| not signed, and will not sign, any nominating petition | 0015| for more persons than the number of candidates | 0016| necessary to fill such office at the next ensuing | 0017| general election. | 0018| 1. ______________ _______________ _____________ | 0019| __________ | 0020| (usual (name printed (address as (city) | 0021| signature) as registered) registered) | 0022| 2. ______________ _______________ _____________ | 0023| __________ | 0024| (usual (name printed (address as | 0025| (city)." | 0001| signature) as registered) registered) | 0002| C. The secretary of state shall furnish to each | 0003| county clerk a sample of the nominating petition form, a | 0004| copy of which shall be made available by the county clerk | 0005| upon request of any candidate as provided by the Election | 0006| Code. | 0007| D. The signature of the voter shall not be counted | 0008| unless the entire line is filled out in full and is upon the | 0009| form prescribed by this section. | 0010| E. When more than one sheet is required for a | 0011| petition, each of the sheets shall be in the form prescribed | 0012| by this section, and all sheets shall be firmly secured by a | 0013| staple or other suitable fastening." | 0014| Section 7. Section 1-8-52 NMSA 1978 (being Laws 1977, | 0015| Chapter 322, Section 8, as amended) is amended to read: | 0016| "1-8-52. INDEPENDENT CANDIDATES FOR GENERAL OR UNITED | 0017| STATES REPRESENTATIVE SPECIAL ELECTIONS--NOMINATING | 0018| PETITIONS--CIRCULATION--DATE OF FILING.-- | 0019| A. Declarations of independent candidacy [and | 0020| nominating petitions] for a vacancy in the office of United | 0021| States representative shall be filed with the proper filing | 0022| officer during the period commencing at 9:00 a.m. on the | 0023| [second Tuesday of July of each even-numbered year] | 0024| fourteenth day following the issuance of the special primary | 0025| election proclamation and ending at 5:00 p.m. on that same | 0001| day [and not later than 5:00 p.m. on the fifty-sixth day | 0002| preceding any United States representative special | 0003| election]. | 0004| B. Declarations of independent candidacy and | 0005| nominating petitions for the office of president of the | 0006| United States or for any other office to be filled at a | 0007| general election shall be filed with the proper filing | 0008| officer during the period commencing at 9:00 a.m. on the | 0009| fifty-sixth day prior to [the] that general election and | 0010| ending at 5:00 p.m. on the same day." | 0011| Section 8. Section 1-12-19.1 NMSA 1978 (being Laws | 0012| 1981, Chapter 156, Section 2, as amended) is amended to | 0013| read: | 0014| "1-12-19.1. GENERAL ELECTIONS--WRITE-IN CANDIDATES.-- | 0015| A. A person desiring to be a write-in candidate in | 0016| a general election [a special election for United States | 0017| representative] or a statewide special election shall file | 0018| with the proper filing officer a declaration of intent to be | 0019| a write-in candidate. The declaration of intent shall be | 0020| filed between 9:00 a.m. and 5:00 p.m. on the sixty-third day | 0021| immediately preceding the election. | 0022| B. The form of the declaration of intent shall be | 0023| prescribed by the secretary of state and shall contain a | 0024| sworn statement by the candidate that he is qualified to be | 0025| a candidate for and to hold the office for which he is | 0001| filing. | 0002| C. At the time of filing the declaration of intent | 0003| to be a write-in candidate, the write-in candidate shall be | 0004| considered a candidate for all purposes and provisions | 0005| relating to candidates in the Election Code, including the | 0006| obligation to report under the Campaign Reporting Act, | 0007| except that he shall not be entitled to have his name | 0008| printed on the ballot. | 0009| D. The secretary of state shall, not less than ten | 0010| days before the general election, certify the names of the | 0011| declared write-in candidates to the county clerks of every | 0012| county affected by such candidacy. | 0013| E. No person shall be a write-in candidate in the | 0014| general election who was a candidate in the primary election | 0015| immediately prior to the general election. | 0016| F. A vote for a write-in candidate shall be | 0017| counted and canvassed only if: | 0018| (1) the name written in is the name of a | 0019| declared write-in candidate and shows two initials and last | 0020| name; first name, middle initial or name and last name; | 0021| first and last name; or the full name as it appears on the | 0022| declaration of intent to be a write-in candidate and | 0023| misspellings of the above combinations that can be | 0024| reasonably determined by a majority of the members of the | 0025| precinct board to identify a declared write-in candidate; | 0001| and | 0002| (2) the name is written in the proper office | 0003| or entered upon the keyboard on the voting machine or on the | 0004| proper line provided on a marksense ballot, absentee ballot | 0005| or emergency paper ballot for write-in votes for the office | 0006| for which the candidate has filed a declaration of intent. | 0007| G. No unopposed write-in candidate shall have his | 0008| election certified unless he receives at least the number of | 0009| write-in votes as he would need signatures on a nominating | 0010| petition pursuant to the requirements in Section 1-8-33 NMSA | 0011| 1978. | 0012| H. A write-in vote shall be cast by writing in the | 0013| name. As used in this section, "write-in" does not include | 0014| the imprinting of any name by rubber stamp or similar device | 0015| or the use of preprinted stickers or labels." | 0016| Section 9. Section 1-13-16 NMSA 1978 (being Laws 1969, | 0017| Chapter 240, Section 319, as amended) is amended to read: | 0018| "1-13-16. POST-ELECTION DUTIES--STATE CANVASS METHOD.-- | 0019| A. The state canvass shall be made from the | 0020| election returns transmitted directly to the secretary of | 0021| state from each of the precinct boards and, in the case of | 0022| candidates voted upon by a district composed of two or more | 0023| counties, from the certificates transmitted by the county | 0024| canvassing boards. | 0025| B. Upon the completion of the canvass, but not | 0001| sooner than the thirty-first day after any primary, general | 0002| or district special election, or the tenth day after any | 0003| special primary election or special United States | 0004| representative election, the state canvassing board shall | 0005| issue to those candidates entitled by law the appropriate | 0006| certificate of election or, in the case of a primary | 0007| election or special primary election, a certificate of | 0008| nomination. | 0009| C. The state canvassing board may designate a | 0010| person or persons to compare the totals appearing on the | 0011| election returns, statements of canvass and certificates and | 0012| to certify the results of their findings to the state | 0013| canvassing board." | 0014| Section 10. Section 1-24-2 NMSA 1978 (being Laws 1989, | 0015| Chapter 295, Section 2) is amended to read: | 0016| "1-24-2. SPECIAL ELECTION PROCEDURES--PROCLAMATION-- | 0017| PUBLICATION.-- | 0018| A. Whenever a special election is to be called or | 0019| is required by law, the governor or the appropriate | 0020| governing body shall by resolution issue a public | 0021| proclamation calling the election. The proclamation shall | 0022| [forthwith] be filed with the secretary of state or with the | 0023| appropriate county clerk. | 0024| B. The proclamation shall specify: | 0025| (1) the date on which the special election | 0001| will be held; | 0002| (2) the purpose for which the special election | 0003| is called; | 0004| (3) if officers are to be elected or positions | 0005| on the governing body are to be filled, the date on which | 0006| declarations of candidacy are to be filed; | 0007| (4) if a question is to be voted upon, the | 0008| [test] text of that question; | 0009| (5) the precincts in each county in which the | 0010| election is to be held and the location of each polling | 0011| place in the precinct; | 0012| (6) the location of each absentee-early | 0013| polling place; | 0014| [(6)] (7) the hours that each polling place | 0015| will be open; and | 0016| [(7)] (8) the date and time of closing the | 0017| registration books by the county clerk as required by law. | 0018| C. After filing the proclamation with the county | 0019| clerk and not less than fifty days before the date of the | 0020| election or twenty days before the date of a special primary | 0021| election, the governing body shall publish the proclamation | 0022| once each week for two consecutive weeks in a newspaper of | 0023| general circulation within the boundaries of the local | 0024| government or special district. The proclamation shall con- | 0025| | 0001| form to the requirements of the federal Voting Rights Act of | 0002| 1965, as amended." | 0003| Section 11. REPEAL.--Section 1-15-18.1 NMSA 1978 (being | 0004| Laws 1983, Chapter 232, Section 16) is repealed. | 0005| Section 12. EMERGENCY.--It is necessary for the public | 0006| peace, health and safety that this act take effect | 0007| immediately. | 0008|  |