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SENATE BILL 218
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Katy M. Duhigg and Heather Berghmans
AN ACT
RELATING TO ELECTION ADMINISTRATION; AMENDING THE ELECTION
CODE; PROVIDING A PROCESS FOR ELECTION ADMINISTRATIVE STAFF
HOME ADDRESS CONFIDENTIALITY; REQUIRING COUNTY CLERKS TO
PARTICIPATE IN A CERTIFICATION PROGRAM ADMINISTERED BY THE
SECRETARY OF STATE AND TO RECEIVE CERTIFICATION; PROVIDING
ELECTION DAY PROCEDURES FOR NEWLY APPOINTED ELECTION BOARD
MEMBERS; PROVIDING PROVISIONAL BALLOT REQUIREMENTS; REMOVING
THE ELECTIONS SECURITY PROGRAM FROM THE BUREAU OF ELECTIONS OF
THE OFFICE OF THE SECRETARY OF STATE; AMENDING THE PRIMARY
ELECTION LAW; REQUIRING THE SECRETARY OF STATE TO IMPLEMENT A
SECURE INTERNET APPLICATION TO GATHER ELECTRONIC SIGNATURES FOR
THE QUALIFICATION OF POLITICAL PARTIES; PROVIDING BALLOT
PROCEDURES; REQUIRING VOTER NOTIFICATIONS TO BE SENT TO
ELIGIBLE VOTERS; AMENDING THE CIRCUMSTANCES IN WHICH AN
AUTOMATIC RECOUNT IS REQUIRED; PROVIDING A PROCEDURE FOR
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QUALIFIED POLITICAL PARTIES TO PLACE A CANDIDATE FOR PRESIDENT
OR VICE PRESIDENT ON THE GENERAL ELECTION BALLOT; PROVIDING A
PROCEDURE FOR PRESIDENTIAL PRIMARY VACANCIES; AMENDING THE
VOTER ACTION ACT; EXPANDING THE DEFINITION OF "QUALIFYING
PERIOD"; PROVIDING PROCEDURES FOR DECLARATIONS OF INTENT;
REQUIRING THE LEGISLATURE TO NOTIFY THE SECRETARY OF STATE IN
WRITING OF THE CREATION OF A NEW COVERED OFFICE; AMENDING THE
LOCAL ELECTION ACT; REPEALING A SECTION RELATING TO MUNICIPAL
ELECTION PROCEDURES; AMENDING THE SPECIAL ELECTION ACT;
PROVIDING PROCEDURES FOR SPECIAL ELECTIONS CALLED BY COUNTIES
OR LOCAL PUBLIC BODIES; PROVIDING PROCEDURES FOR EMERGENCY
ELECTIONS; ELIMINATING PRE-PRIMARY CONVENTION DESIGNATIONS;
ELIMINATING REFERENCES TO PARTY CONVENTIONS; AMENDING,
REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-1-27.1 NMSA 1978 (being Laws 2023,
Chapter 39, Section 1) is amended to read:
"1-1-27.1. PUBLIC OFFICIAL AND ELECTION ADMINISTRATIVE
STAFF HOME ADDRESS CONFIDENTIALITY [RULEMAKING ].--
A. The secretary of state shall promulgate rules to
allow an elected or appointed public official to designate as
confidential the public official's home address as stated in
election- and financial-related disclosures filed with the
secretary of state or county clerks. A home address designated
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as confidential pursuant to this section is exempt from
disclosure pursuant to an Inspection of Public Records Act
request and shall not be published on a governmental website.
Nothing in this section or the secretary of state's rule shall
prohibit the disclosure of the public official's home address
if relevant to a challenge brought pursuant to the Election
Code or a judicial proceeding. A requestor shall complete a
notarized affidavit that unredacted copies are being requested
for the purposes of a challenge brought pursuant to the
Election Code or a judicial proceeding and that any address
designated as confidential shall not be used for any other
purpose.
B. Nonelected and appointed employees of a county
clerk or the secretary of state may designate a confidential
home address that shall not be disclosed on voter lists and
file maintenance lists. The designation shall be made on a
form prescribed by the secretary of state.
C. For the purposes of this section, "public
official" means a person elected or appointed to a federal,
state, county or local office or a candidate thereof or a
person appointed to a federal, state, county or local
government position."
SECTION 2. Section 1-2-5 NMSA 1978 (being Laws 1969,
Chapter 240, Section 26, as amended) is amended to read:
"1-2-5. SECRETARY OF STATE--ELECTION SEMINARS--
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CERTIFICATION PROGRAM .--
A. In carrying out [his ] the duties of the
secretary of state under the Election Code, the secretary of
state shall, once before [each and ] every statewide election,
cause to be organized and conducted at convenient places and
times in this state seminars on the administration of the
Election Code. The secretary of state shall send written
notice of the seminar to each county clerk setting forth the
time and place of the seminar. Each county clerk, one of [his ]
the county clerk's designated deputies and one voting machine
technician shall attend the seminar. Per diem and mileage
shall be paid out of the funds appropriated to the secretary of
state.
B. The secretary of state shall conduct a
certification program for county clerks and shall require each
county clerk to receive certification within twelve months of
an initial appointment, election or reelection.
C. The secretary of state shall review the
certification program every four years, upon passage of new
election laws or more often as appropriate.
D. By July 2026, all county clerks shall complete
initial participation in the certification program. "
SECTION 3. Section 1-2-12 NMSA 1978 (being Laws 1969,
Chapter 240, Section 32, as amended) is amended to read:
"1-2-12. ELECTION BOARD--POSITIONS ON EACH BOARD.--
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A. Each election board shall consist of:
(1) a presiding judge;
(2) two election judges; and
(3) election clerks who are appointed to
assist the presiding judge and election judges.
B. The county clerk shall appoint presiding judges
and election judges so that not more than two of the three
judges belong to the same political party at the time of their
appointment; provided that:
(1) a judge of an election board shall not
have changed party registration in the two years next preceding
the judge's appointment in such a manner that the judge's prior
party registration would make the judge ineligible to serve on
the assigned election board; and
(2) a judge of an election board shall not
continue to serve on an election board if the judge changes
party registration after the date of appointment in such a
manner to make the judge ineligible to serve on the assigned
election board.
C. The county clerk may appoint teams of election
judges under the supervision of one or more presiding judges
for absent voter precincts, recounts and special elections;
provided that each team shall consist of two election judges
and that each election judge on a team shall not belong to the
same political party as any other election judge on the team at
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the time of the appointment; and provided further that an
election judge shall not have changed party registration in the
two years next preceding the judge's appointment in such manner
that the judge's prior party registration would make the judge
ineligible to serve on the assigned team.
D. The county clerk may appoint election clerks to
an election board as necessary to assist the presiding judge
and election judges if the county clerk determines that
additional election board members are needed.
E. County clerk employees may be assigned by the
county clerk to provide support to an election board or polling
location.
F. In the event a newly appointed election board
member must report directly to a polling location on election
day, the presiding judge shall administer the oath of office. "
SECTION 4. Section 1-2-34 NMSA 1978 (being Laws 2023,
Chapter 39, Section 8) is amended to read:
"1-2-34. ELECTIONS SECURITY PROGRAM--GENERAL
RESPONSIBILITIES.--
A. The secretary of state shall maintain an
elections security program [within the bureau of elections ].
The program shall have the general responsibility of advising
the secretary of state, county clerks and the voting system
certification committee regarding voting system and
cybersecurity requirements and ensuring their implementation
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and shall be the primary liaison working with federal oversight
and intelligence agencies regarding elections-critical
infrastructure.
B. The elections security program may conduct
assessments, inspections and incident response in relation to
networks and equipment deemed to be elections-critical
infrastructure, both at the state and county levels.
C. The elections security program shall monitor the
functionality of voting systems certified for use in the state
to ensure compliance with the security requirements provided
for in Chapter 1, Article 9 NMSA 1978 and administrative rules
adopted pursuant to that article.
D. Documents and communications related to election
security or that could put elections-critical infrastructure at
risk are exempt from disclosure.
E. As used in this section, "elections-critical
infrastructure" means those assets, systems and networks,
whether physical or virtual, that are considered so vital to
elections in this state that their infiltration, incapacitation
or destruction would have a debilitating effect on the
administration of elections, the secrecy of the ballot and the
efficient reporting of accurate results for any election
conducted pursuant to the Election Code."
SECTION 5. Section 1-7-2 NMSA 1978 (being Laws 1969,
Chapter 240, Section 145, as amended) is amended to read:
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"1-7-2. QUALIFICATION--REMOVAL--REQUALIFICATION.--
A. To qualify as a political party in New Mexico,
each political party through its governing body shall adopt
rules providing for the organization and government of that
party and shall file the rules with the secretary of state.
Uniform rules shall be adopted throughout the state by the
county organizations of that party, where a county organization
exists, and shall be filed with the county clerks. At the same
time the rules are filed with the secretary of state, the
governing body of the political party shall also file with the
secretary of state a petition containing the hand-printed
names, signatures, addresses of registration and counties of
residence of at least one-half of one percent of the total
votes cast for the office of governor at the preceding general
election who declare by their signatures on the petition that
they are voters of New Mexico and that they desire the party to
be a qualified political party in New Mexico. Blank petition
forms shall be available at any time from the secretary of
state.
B. Each county political party organization may
adopt supplementary rules insofar as they do not conflict with
the uniform state rules or do not abridge the lawful political
rights of any person. Such supplementary rules shall be filed
with the county clerk and the secretary of state in the same
manner as other rules are filed.
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C. A qualified political party shall cease to be
qualified for the purposes of the Election Code if two
successive general elections are held without at least one of
the party's candidates on the ballot or if the total votes cast
for the party's candidates for governor or president of the
United States, provided that the party has a candidate seeking
election to either of these offices, in a general election do
not equal at least one-half of one percent of the total votes
cast for the office of governor or president of the United
States, as applicable. No later than March 15 of an odd-
numbered year, the secretary of state shall send notice of
nonqualification to the state chair of any political party that
fails to remain qualified. The notice shall be delivered by
registered mail to the last known address of the state chair of
the political party, and a copy shall be kept in the secretary
of state's file of parties qualified in New Mexico.
D. The secretary of state shall then notify all
county clerks of the removal and nonqualification of the
political party and shall post the notice on the [web site ]
website maintained by the secretary of state. The secretary of
state shall within forty-five days notify by mail all voters
registered as members of such party of the removal and
nonqualification of the party.
E. To requalify, the party shall again comply with
the provisions of the Election Code dealing with filing
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requirements for political parties.
F. No later than July 1, 2026, the secretary of
state shall implement a secure internet application, in
addition to the paper circulation process, to gather electronic
signatures pursuant to this section and in accordance with
rules developed by the secretary of state. The secure internet
application shall provide for the ability to verify that a
person signing the petition is an eligible voter. "
SECTION 6. Section 1-8-6 NMSA 1978 (being Laws 1969,
Chapter 240, Section 156, as amended) is amended to read:
"1-8-6. VACANCY ON PRIMARY BALLOT.--Regardless of the
cause, no vacancy on the primary election ballot occurring
after the period for filing a declaration of candidacy [or the
date of filing with the secretary of state a certificate of
designation by state convention, whichever the case may be ]
shall be filled."
SECTION 7. Section 1-8-7 NMSA 1978 (being Laws 1969,
Chapter 240, Section 157, as amended) is amended to read:
"1-8-7. VACANCY ON GENERAL ELECTION BALLOT--DEATH OF
CANDIDATE OR RESIGNATION OR DEATH OF OFFICE HOLDER BEFORE
PRIMARY.--
A. Vacancies on the general election ballot may be
filled as provided in Subsection B of this section if after a
primary election there is no nominee of a major political party
for a public office to be filled in the general election and if
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the vacancy was caused by:
(1) the death of a candidate after filing of
the declaration of candidacy [or after certification as a
convention-designated nominee ] and before the primary election;
(2) the failure of a major political party to
nominate a candidate for lieutenant governor; provided that the
major political party nominated a candidate for governor; or
(3) the resignation or death of a person
holding a public office after the last Friday before the first
Tuesday in March, when such office was not included in the
general election proclamation and is required by law to be
filled at the next succeeding general election after the
vacancy is created.
B. The vacancy may be filled subsequent to the
primary election by the central committee of the state or
county political party, as the case may be, as provided by
Subsection A of Section 1-8-8 NMSA 1978.
C. Appointments to fill vacancies in the list of a
party's nominees for the general election ballot shall be made
and filed with the proper filing officer on the twenty-third
day after the primary election using the form prescribed by the
secretary of state, along with the declaration of candidacy
form subscribed and sworn by the selected nominee and the
required form for candidates pursuant to the Campaign Reporting
Act.
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D. When the name of a nominee is filed as provided
in this section, the name shall be placed on the general
election ballot as the party's candidate for that office."
SECTION 8. Section 1-8-13 NMSA 1978 (being Laws 1969,
Chapter 240, Section 162, as amended) is amended to read:
"1-8-13. PRIMARY AND GENERAL ELECTION--CONTENTS OF
PROCLAMATION.--The general election proclamation calling a
primary and general election shall contain:
A. the names of the major political parties
participating in the primary election;
B. the offices to be elected at the general
election and for which each political party shall nominate
candidates; provided that if any law is enacted by the
legislature in the year in which the primary election is held
and the law does not take effect until after the date to amend
the proclamation but prior to the date to fill vacancies
pursuant to Section 1-8-7 or 1-8-8 NMSA 1978, the secretary of
state shall conform the proclamation to the intent of the law
with respect to the offices for which each political party
shall nominate candidates;
C. the date on which declarations of candidacy and
nominating petitions for United States representative, any
office voted upon by all the voters of the state, a legislative
office, the office of district judge, district attorney, public
education commission or magistrate shall be filed and the
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places where they shall be filed in order to have the
candidates' names printed on the official ballot of their party
at the primary election or in order to have the candidates'
names printed on the official ballot at the general election,
as applicable;
D. the date on and place at which declarations of
candidacy shall be filed for any other office and filing fees
paid or, in lieu thereof, a nominating petition;
[E. the final date on and place at which candidates
for the office of United States representative and for any
statewide office seeking preprimary convention designation by
the major parties shall file petitions and declarations of
candidacy;
F. the final date on which the major political
parties shall hold state preprimary conventions for the
designation of candidates;
G. the final date on and place at which
certificates of designation of primary election candidates
shall be filed by political parties with the secretary of
state;
H.] E. the date on which declarations of candidacy
for minor party candidates shall be filed and the places where
the declarations of candidacy shall be filed in order to have
the minor party candidate names printed on the official ballot
of the general election;
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[I.] F. the date on which declarations of candidacy
for unaffiliated candidates shall be filed and the places where
the declarations of candidacy shall be filed in order to have
the unaffiliated candidate names printed on the official ballot
of the general election;
[J.] G. the date on which declarations of candidacy
for nonpartisan judicial retention shall be filed and the
places where the declarations of candidacy shall be filed in
order to have the judicial retention names printed on the
official ballot of the general election; and
[K.] H. the date on which declarations to be a
write-in candidate are to be filed and the places where the
declarations of candidacy shall be filed in order to have
write-in votes counted and canvassed at the political party
primary or general election."
SECTION 9. Section 1-8-18 NMSA 1978 (being Laws 1969,
Chapter 240, Section 167, as amended) is amended to read:
"1-8-18. PRIMARY ELECTION LAW--WHO MAY BECOME A
CANDIDATE.--
A. No person shall become a candidate for
nomination by a political party or have the person's name
printed on the primary election ballot unless the person's
record of voter registration shows:
(1) affiliation with that political party on
the date of the secretary of state's general election
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proclamation; and
(2) residence in the district of the office
for which the person is a candidate on the date of the
secretary of state's general election proclamation or, in the
case of a person seeking the office of United States senator or
United States representative, residence within New Mexico on
the date of the secretary of state's general election
proclamation.
B. A voter may challenge the candidacy of a person
seeking nomination by a political party for the reason that the
person does not meet the requirements of Subsection A of this
section by filing a petition in the district court within ten
days after the last day for filing a declaration of candidacy
[or a statement of candidacy for convention designation ]. The
district court shall hear and render a decision on the matter
within ten days after the filing of the petition. The decision
of the district court may be appealed to the supreme court
within five days after the decision is rendered. The supreme
court shall hear and render a decision on the appeal
forthwith."
SECTION 10. Section 1-8-21 NMSA 1978 (being Laws 1996,
Chapter 20, Section 3, as amended) is amended to read:
"1-8-21. PRIMARY ELECTION--METHODS OF PLACING NAMES ON
PRIMARY BALLOT.--
[A. All candidates seeking primary election
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nomination to a statewide office or the office of United States
representative shall file declarations of candidacy with the
proper filing officer. Candidates shall file nominating
petitions at the time of filing their declarations of
candidacy. Candidates who seek, but do not obtain, preprimary
convention designation by a major political party may file new
declarations of candidacy and nominating petitions pursuant to
Section 1-8-33 NMSA 1978.
B. Except as provided in Subsection C of this
section] A. Candidates for any [other ] state or federal office
listed in the proclamation issued pursuant to Section 1-8-13
NMSA 1978 shall have their names placed on the primary election
ballot by filing declarations of candidacy and nominating
petitions with the proper filing officer.
[C.] B. Candidates for any county office listed in
the proclamation issued pursuant to Section 1-8-13 NMSA 1978
shall have their names placed on the primary election ballot by
filing declarations of candidacy and paying a fifty-dollar
($50.00) filing fee or filing a nominating petition containing
no fewer than ten signatures for offices elected by district or
twenty signatures for offices elected countywide at the time of
filing declarations of candidacy with the proper filing
officer."
SECTION 11. Section 1-8-26 NMSA 1978 (being Laws 1975,
Chapter 295, Section 12, as amended) is amended to read:
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"1-8-26. PRIMARY ELECTION LAW--TIME OF FILING--DOCUMENTS
NECESSARY TO QUALIFY FOR BALLOT--CHALLENGE.--
A. Declarations of candidacy [by preprimary
convention designation ] for any statewide office or for the
office of United States representative shall be filed with the
proper filing officer on the first Tuesday in February of each
even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.
B. Declarations of candidacy for any other office
to be nominated in the primary election shall be filed with the
proper filing officer on the second Tuesday of March of each
even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.
[C. Certificates of designation shall be submitted
to the secretary of state on the first Tuesday following the
preprimary convention at which the candidate's designation took
place between the hours of 9:00 a.m. and 5:00 p.m.
D.] C. No name shall be placed on the ballot until
the person has been notified in writing by the proper filing
officer that the certificate of registration on file, the
declaration of candidacy and the petition, if required, are in
proper order and that the person, based on those documents, is
qualified to be a candidate. The proper filing officer shall
mail the notice [no later than 5:00 p.m. ] on the Tuesday
following the filing date.
[E.] D. If a person is notified by the proper
filing officer that the person is not qualified to be a
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candidate, the person may challenge that decision by filing a
petition with the district court within ten days of the
notification. The district court shall hear and render a
decision on the matter within ten days after the petition is
filed. The decision of the district court may be appealed to
the supreme court within five days after the decision is
rendered. The supreme court shall hear and render a decision
on the appeal forthwith."
SECTION 12. Section 1-8-27 NMSA 1978 (being Laws 1969,
Chapter 240, Section 172, as amended) is amended to read:
"1-8-27. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--
MANNER OF FILING.--Each declaration of candidacy [by nominating
petition or by preprimary convention designation ] shall be
delivered for filing in person by the candidate therein named
or by a person acting, by virtue of written authorization on a
form prescribed by the secretary of state , solely on the
candidate's behalf. The proper filing officer shall not accept
for filing more than one declaration of candidacy from any one
individual [except that candidates who seek but fail to receive
preprimary convention designation shall file a declaration of
candidacy by nomination, according to provisions of the Primary
Election Law, to have their names placed on the primary
election ballot]."
SECTION 13. Section 1-8-29 NMSA 1978 (being Laws 1973,
Chapter 228, Section 3, as amended) is amended to read:
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"1-8-29. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--
FORM.--In making a declaration of candidacy, [by nominating
petition or by pre-primary convention designation ] the
candidate shall submit substantially the following form as
approved by the secretary of state for that election:
"DECLARATION OF CANDIDACY
[BY PRE-PRIMARY CONVENTION DESIGNATION
(OR BY NOMINATING PETITION) ]
I, ____________________, (candidate's name on certificate
of registration) being first duly sworn, say that I reside at
___________________, as shown by my certificate of registration
as a voter of Precinct No. __________ of the county of
_______________, State of New Mexico;
I am a member of the ____________________ party as shown
by my certificate of registration and I have not changed such
party affiliation subsequent to the secretary of state's
general election proclamation calling the primary in which I
seek to be a candidate;
I desire to become a candidate for the office of
______________________ at the primary election to be held on
the date set by law for this year, and that I actually reside
at the address designated on my certificate of voter
registration;
I will be eligible and legally qualified to hold this
office at the beginning of its term;
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If a candidate for any office for which a nominating
petition is required, I am submitting with this statement a
nominating petition in the form and manner as prescribed by the
Primary Election Law; and
I make the foregoing affidavit under oath, knowing that
any false statement herein constitutes a felony punishable
under the criminal laws of New Mexico.
_______________________________
(Declarant)
_______________________________
(Mailing Address)
_______________________________
(Residence Address)
Subscribed and sworn to before me this ____ day of ___, 20__.
_________________________
(Notary Public)
My commission expires:
_________________________"."
SECTION 14. 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
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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.] B. Nominating petitions for candidates for [any
other] an 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 the greater of:
(1) for the public education commission, two
percent of the total vote of the candidate's party in the
district; for judicial candidates, two percent of the total
vote of the candidate's party in the district or division; and
for all other candidates, three percent of the total vote of
the candidate's party in the district; or
(2) for metropolitan court and magistrate
courts, ten 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.
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[D. A candidate who fails to receive the preprimary
convention designation that the candidate sought may collect
additional signatures to total at least four percent of the
total vote of the candidate's party in the state or
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 declaration of
candidacy and nominating petitions shall be filed with the
secretary of state either ten 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 15. Section 1-8-39.1 NMSA 1978 (being Laws 1993,
Chapter 55, Section 10) is amended to read:
"1-8-39.1. DECLARATION OF [PREPRIMARY DESIGNATION ]
CANDIDACY FOR PRIMARY --CERTIFICATION BY SECRETARY OF STATE.--
A. Not later than six days after the [dates ] first
Tuesday in February of each even-numbered year, the date for
filing declarations of candidacy, [by preprimary convention
designation] the secretary of state shall certify to the
[chairman] chair of each state political party the names of
that party's candidates for office of United States
representative or for other statewide office who have filed
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their declarations of candidacy [by convention designation ] and
have otherwise complied with the requirements of the Primary
Election Law.
B. No person shall be placed in nomination [at the
convention] unless [he] the person has been certified by the
secretary of state."
SECTION 16. Section 1-8-40 NMSA 1978 (being Laws 1969,
Chapter 240, Section 175, as amended) is amended to read:
"1-8-40. PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY--
FALSE STATEMENT.--Any person knowingly making a false statement
in [his] the person's declaration of candidacy [by nominating
petition or by preprimary convention designation ] is guilty of
a fourth degree felony."
SECTION 17. Section 1-10-6 NMSA 1978 (being Laws 1977,
Chapter 222, Section 29, as amended) is amended to read:
"1-10-6. BALLOTS--NAME TO BE PRINTED--ORDER OF NAMES--
SIMILAR NAMES--NAMES NOT TO BE PRINTED.--
A. In the preparation of ballots for a statewide
election, the candidate's name shall be printed on the ballot
as it appears on the candidate's certificate of registration
that is on file in the county clerk's office on the day the
secretary of state issues the proclamation for that election;
provided that:
(1) the last name printed on the ballot shall
match the candidate's legal last name;
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(2) academic, honorific and elected titles
shall not be printed;
(3) periods after initials shall not be
printed;
(4) punctuation common to names, other than a
period, shall be printed as it appears on the candidate's
certificate of registration; and
(5) only letters and punctuation used in roman
typefaces shall be printed.
B. The order of candidates for the same office in a
statewide, federal and presidential election shall be
determined using a randomization method provided by rule.
C. If it appears that the names of two or more
candidates for any office to be voted on at the election are
the same or are so similar as to tend to confuse the voter as
to the candidates' identities, the candidates shall be
differentiated on the ballot in accordance with rules adopted
by the secretary of state.
D. A candidate's name shall not be printed on the
ballot if at least seventy days before a general election,
sixty-three days before a primary election or regular local
election or seven days after the filing day for declarations of
candidacy for any other election:
(1) the candidate files with the proper filing
officer a signed and notarized statement of withdrawal as a
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candidate in that election;
(2) a judicial determination is made that the
candidate does not qualify to be a candidate for the office
sought;
(3) the voter registration of the candidate is
updated by the candidate in such manner that the candidate does
not qualify to be a candidate for the office sought; or
(4) the voter registration of the candidate is
canceled for any reason provided in Chapter 1, Article 4 NMSA
1978."
SECTION 18. Section 1-10-13 NMSA 1978 (being Laws 1977,
Chapter 222, Section 50, as amended) is amended to read:
"1-10-13. BALLOTS--WRITE-IN CANDIDATES.--When a write-in
candidate has been qualified by the proper filing officer
pursuant to the Election Code:
A. a space for entering the name of the write-in
candidate shall be clearly designated by the use of the heading
"[Declared] Write-in [Candidate ]" after the listing of other
candidates for that office; and
B. the write-in candidate's name shall not be pre-
printed on the ballot, nor displayed or otherwise provided in
any polling place by any election official or member of an
election board."
SECTION 19. Section 1-11-4.1 NMSA 1978 (being Laws 2023,
Chapter 39, Section 61) is amended to read:
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"1-11-4.1. VOTER NOTIFICATION.--
A. At least forty-two days prior to each statewide
election, the secretary of state, on behalf of each county
clerk, shall mail a voter notification of the election to
eligible voters. The voter notification shall include:
(1) the date and purpose of the election;
(2) an internet address where a voter may
apply for a mailed ballot;
(3) a telephone number where a voter may call
to request the paper form of the mailed ballot application;
(4) a list of the days and times and addresses
of early voting locations and voter convenience centers where a
voter may vote in person; and
(5) a list of the locations of monitored
secured containers where a voter may return a mailed ballot.
B. At least forty-nine days prior to each special
election, the county clerk shall mail a voter notification of
the election. The voter notification shall include:
(1) the date and purpose of the election;
(2) notification that the election will be
conducted by mail and that no polling places will be available
for the special election;
(3) the deadline for voted mailed ballots to
be received by the county clerk and the recommended deadline to
deposit the voted mailed ballot with the United States postal
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service for return by mail, which shall be seven days before
the election;
(4) the address and the telephone number of
the county clerk's office for a voter requiring a replacement
ballot or returning a mailed ballot; and
(5) a list of the monitored secured containers
where a voter may return a mailed ballot.
C. The voter notification shall be sent to each
voter, except the voter notification shall not be sent to a
voter whose:
(1) election mail has been returned as
undeliverable and who has not updated the voter's certificate
of registration with a new address;
(2) ballot is delivered pursuant to the
provisions of the Uniform Military and Overseas Voters Act;
(3) ballot is delivered pursuant to the
provisions of the Intimate Partner Violence Survivor Suffrage
Act; or
(4) ballot, in a statewide election, is
delivered pursuant to the provisions of Section 1-6-22.1 NMSA
1978."
SECTION 20. Section 1-12-8 NMSA 1978 (being Laws 1969,
Chapter 240, Section 247, as amended) is amended to read:
"1-12-8. CONDUCT OF ELECTION--PROVISIONAL VOTING.--
A. A person shall be permitted to vote on a
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provisional paper ballot even though the person's original
certificate of registration cannot be found in the county
register or even if the person's name does not appear on the
signature roster; provided that :
(1) the person's residence is within the
boundaries of the county in which the person offers to vote;
(2) the person's name is not on the list of
persons submitting absentee ballots; and
(3) the person executes a statement swearing
or affirming to the best of the person's knowledge that the
person is a qualified elector, is currently registered and
eligible to vote in that county and has not cast a ballot or
voted in that election.
B. A voter shall vote on a provisional paper ballot
if the voter:
(1) has not previously voted in a general
election in New Mexico or has been purged from the voter list;
(2) registered to vote by mail;
(3) did not submit the physical form of the
required voter identification with the certificate of
registration form; and
(4) does not present to the election judge a
physical form of the required voter identification.
C. A voter shall vote on a provisional paper ballot
in accordance with the provisions of Section 1-12-7.1 NMSA 1978
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if the voter does not provide the required voter identification
to the election judge.
D. A judge or election clerk shall have the voter
sign the signature roster and issue the voter a provisional
paper ballot for the precinct of the address provided by the
voter, an outer envelope and an official inner envelope. The
voter shall vote on the provisional paper ballot in secrecy
and, when done, place the ballot in the official inner envelope
and place the official inner envelope in the outer envelope and
return it to the judge or election clerk. The judge or
election clerk shall ensure that the required information is
completed on the outer envelope, have the voter sign it in the
appropriate place and place it in an envelope designated for
provisional paper ballots.
E. Knowingly executing a false statement
constitutes perjury as provided in the Criminal Code, and
voting on the basis of such falsely executed statement
constitutes fraudulent voting."
SECTION 21. Section 1-12-25.4 NMSA 1978 (being Laws 2003,
Chapter 356, Section 7, as amended) is amended to read:
"1-12-25.4. PROVISIONAL PAPER BALLOTS--DISPOSITION.--
A. Upon closing of the polls, provisional paper
ballots shall be delivered to the county clerk, who shall
determine if the ballots will be counted prior to certification
of the election.
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B. A provisional paper ballot shall not be counted
if the registered voter did not sign either the signature
roster or the ballot's envelope.
C. If there is no record of the voter ever having
been registered in the county, the voter shall be offered the
opportunity to register, the provisional paper ballot shall not
be counted and the voter registration certificate shall be
processed following the canvass of the election.
D. If the voter was registered in the county, the
registration was later canceled and the county clerk determines
that the cancellation was in error, or that the voter continues
to reside in the same precinct, or that the voter's name should
not have been placed on the list of voters whose registrations
were to be canceled, the voter's registration shall be
immediately restored and the provisional paper ballot counted.
E. If the county clerk determines that the
cancellation was not in error, the voter shall be offered the
opportunity to register at the voter's correct address, and the
provisional paper ballot shall not be counted.
F. If the voter is a registered voter in the county
but has voted on a provisional paper ballot other than the
ballot of the voter's correct precinct, the county canvassing
board shall ensure that only those votes for the positions or
measures for which the voter was eligible to vote are counted.
G. If the county clerk finds that the voter who
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voted on a provisional paper ballot at the polls has also voted
an absentee ballot in that election, the provisional paper
ballot shall not be counted.
H. The county clerk shall maintain a provisional
ballot register that shall be in the same form and made
available in the same manner as the absentee ballot register
and the mailed ballot register. Upon request, the provisional
ballot register shall be provided as soon as practicable to any
candidate in the election or the county chair of a political
party represented on a ballot in a partisan election. The
county clerk shall prepare a tally displaying the number of
provisional paper ballots received, the number found valid and
counted, the number rejected and not counted and the reason for
not counting the ballots as part of the canvassing process and
forward it to the secretary of state immediately upon
certification of the election.
I. The secretary of state shall issue rules to
ensure securing the secrecy of the provisional paper ballots,
especially during canvassing, reviewing or recounting, and
protecting against fraud in the voting process."
SECTION 22. Section 1-14-24 NMSA 1978 (being Laws 2008,
Chapter 41, Section 1, as amended) is amended to read:
"1-14-24. AUTOMATIC RECOUNTS--PROCEDURES.--
A. An automatic recount of the vote is required
when the canvass of returns indicates that the margin between
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the two candidates receiving the greatest number of votes for
an office, the margin between those supporting and those
opposing a ballot question or the margin affecting the outcome
of a nonpartisan judicial retention election is less than:
(1) one-fourth percent of the total votes cast
in that election:
(a) for that office in the case of a
federal or statewide office;
(b) on a ballot question in the case of
a state ballot question; or
(c) on a nonpartisan judicial retention
election in the case of the supreme court or the court of
appeals; or
(2) one-half percent of the total votes cast
in that election:
(a) for [that office in the case of a
public education commissioner, district attorney or any office
elected countywide in a county with more than one hundred fifty
thousand registered voters ] any other office;
(b) on a ballot question in the case of
a local ballot question; or
(c) on a nonpartisan judicial retention
election in the case of a district court or the metropolitan
court [or
(3) one percent of the total votes cast in
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that election or five or fewer votes between the two candidates
receiving the greatest number of votes for that office in the
case of any other office ].
B. In a statewide election and for an office for
which ballots were cast in more than one county, the secretary
of state shall file notice with the state canvassing board upon
the completion of the state canvass that an automatic recount
is required, and the state canvassing board shall order a
recount of the ballots for the specified office. For an office
in which ballots were cast solely within one county, the
secretary of state shall file notice with the state canvassing
board within seven days after receiving notice from the county
clerk following the completion of the county canvass that an
automatic recount is required, and the state canvassing board
shall order a recount of the ballots for the specified office.
C. Automatic recounts shall be conducted pursuant
to the recount procedures established in Sections 1-14-16 and
1-14-18 through 1-14-23 NMSA 1978."
SECTION 23. A new section of the Presidential Primary
Act, Section 1-15A-12 NMSA 1978, is enacted to read:
"1-15A-12. [NEW MATERIAL ] CERTIFICATION OF CANDIDATES FOR
A GENERAL ELECTION.--Following the results of its national
party convention, any qualified political party in New Mexico
desiring to have candidates for president and vice president on
the general election ballot in a presidential election year
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shall certify in writing to the secretary of state the party's
candidates for president and vice president seventy days before
a general election."
SECTION 24. A new section of the Presidential Primary
Act, Section 1-15A-13 NMSA 1978, is enacted to read:
"1-15A-13. [NEW MATERIAL ] VACANCY OCCURRING BEFORE THE
PRESIDENTIAL PRIMARY.--Regardless of the cause, no vacancy on
the presidential primary election ballot occurring after the
deadline of filing for nomination by petition shall be filled."
SECTION 25. A new section of the Presidential Primary
Act, Section 1-15A-14 NMSA 1978, is enacted to read:
"1-15A-14. [NEW MATERIAL ] VACANCY OCCURRING AFTER THE
PRESIDENTIAL PRIMARY.--
A. If, after a presidential primary election but
ninety or more days before the general election, a vacancy
occurs for any cause in the list of the nominees of a qualified
political party for president or vice president, the qualified
political party or the candidate's political committee shall
inform the secretary of state in writing.
B. Appointments to fill vacancies in the list of a
party's nominees shall be made and filed with the secretary of
state on or before the seventieth day prior to a general
election using the form prescribed by the secretary of state."
SECTION 26. Section 1-19-26 NMSA 1978 (being Laws 1979,
Chapter 360, Section 2, as amended) is amended to read:
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"1-19-26. DEFINITIONS.--As used in the Campaign Reporting
Act:
A. "advertisement" means a communication referring
to a candidate or ballot question that is published,
disseminated, distributed or displayed to the public by print,
broadcast, satellite, cable or electronic media, including
recorded phone messages, or by printed materials, including
mailers, handbills, signs and billboards, but "advertisement"
does not include:
(1) a communication by a membership
organization or corporation to its current members,
stockholders or executive or administrative personnel;
(2) a communication appearing in a news story
or editorial distributed through a print, broadcast, satellite,
cable or electronic medium;
(3) a candidate debate or forum or a
communication announcing a candidate debate or forum paid for
on behalf of the debate or forum sponsor; provided that two or
more candidates for the same position have been invited to
participate or, in the case of an uncontested election, that
the single candidate for the position has been invited to
participate;
(4) nonpartisan voter guides allowed by the
federal Internal Revenue Code of 1986, as amended, for Section
501(c)(3) organizations; or
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(5) statements made to a court or
administrative board in the course of a formal judicial or
administrative proceeding;
B. "anonymous contribution" means a contribution
the contributor of which is unknown to the candidate or the
candidate's agent or the political committee or its agent who
accepts the contribution;
C. "artificial intelligence" means a machine-based
or computer-based system that through hardware or software uses
input data to emulate the structure and characteristics of
input data in order to generate synthetic content, including
images, video or audio;
D. "ballot question" means a constitutional
amendment or other question submitted to the voters in an
election;
E. "bank account" means an account in a financial
institution regulated by the United States or a state of the
United States;
F. "campaign committee" means an association of two
or more persons authorized by a candidate to act on the
candidate's behalf for the purpose of electing the candidate to
office; provided that a candidate shall not authorize more than
one campaign committee;
G. "campaign expenditure" means an expenditure that
is made by a campaign committee or by a candidate in support of
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the candidate's campaign in an election;
H. "candidate" means an individual who seeks or
considers an office in an election covered by the Campaign
Reporting Act, including a public official, who has filed a
declaration of candidacy and has not subsequently filed a
statement of withdrawal or:
(1) for a nonstatewide office, has received
contributions or made expenditures of more than one thousand
dollars ($1,000) or authorized another person or campaign
committee to receive contributions or make expenditures of more
than one thousand dollars ($1,000) for the purpose of seeking
election to the office; or
(2) for a statewide office, has received
contributions or made expenditures of more than three thousand
dollars ($3,000) or authorized another person or campaign
committee to receive contributions or make expenditures of more
than three thousand dollars ($3,000) for the purpose of seeking
election to the office or for candidacy exploration purposes in
the years prior to the year of the election;
I. "contribution":
(1) means a gift, subscription, loan, advance
or deposit of money or other thing of value, including the
estimated value of an in-kind contribution, that is made or
received for a political purpose, including payment of a debt
incurred in an election campaign;
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(2) includes a coordinated expenditure;
(3) does not include the value of services
provided without compensation or unreimbursed travel or other
personal expenses of individuals who volunteer a portion or all
of their time on behalf of a candidate or political committee
nor does it include the administrative or solicitation expenses
of a political committee that are paid by an organization that
sponsors the committee; and
(4) does not include the value of the
incidental use of the candidate's personal property, home or
business office for campaign purposes;
J. "coordinated expenditure" means an expenditure
that is made:
(1) by a person other than a candidate or
campaign committee;
(2) at the request or suggestion of, or in
cooperation, consultation or concert with, a candidate,
campaign committee or political party or any agent or
representative of a candidate, campaign committee or political
party; and
(3) for the purpose of:
(a) supporting or opposing the
nomination or election of a candidate; or
(b) paying for an advertisement that
refers to a clearly identified candidate and is published and
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disseminated to the relevant electorate in New Mexico within
thirty days before the primary election or sixty days before
the general election in which the candidate is on the ballot;
K. "deliver" or "delivery" means to deliver by
certified or registered mail, telecopier, electronic
transmission or facsimile or by personal service;
L. "depicted individual" means an individual whose
image, photo, likeness or voice is represented in an
advertisement or other media in such a manner that results in
the individual being identifiable;
M. "distribution platform" means a website,
internet forum or message board, application or a published
newspaper, magazine or other periodical of general circulation,
including an internet or electronic publication, that carries
news and commentary;
N. "election" means any primary, general or
statewide special election in New Mexico and includes county
and judicial retention elections but excludes federal,
municipal, school board and special district elections;
O. "election year" means an even-numbered year in
which an election covered by the Campaign Reporting Act is
held;
P. "expenditure" means a payment, transfer or
distribution or obligation or promise to pay, transfer or
distribute any money or other thing of value for a political
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purpose, including payment of a debt incurred in an election
campaign [or pre-primary convention ];
Q. "independent expenditure" means an expenditure
that is:
(1) made by a person other than a candidate or
campaign committee;
(2) not a coordinated expenditure as defined
in the Campaign Reporting Act; and
(3) made to pay for an advertisement that:
(a) expressly advocates the election or
defeat of a clearly identified candidate or the passage or
defeat of a clearly identified ballot question;
(b) is susceptible to no other
reasonable interpretation than as an appeal to vote for or
against a clearly identified candidate or ballot question; or
(c) refers to a clearly identified
candidate or ballot question and is published and disseminated
to the relevant electorate in New Mexico within thirty days
before the primary election or sixty days before the general
election at which the candidate or ballot question is on the
ballot;
R. "legislative caucus committee" means a political
committee established by the members of a political party in a
chamber of the legislature;
S. "materially deceptive media" means an image,
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video or audio that:
(1) depicts an individual engaged in conduct
or speech in which the depicted individual did not engage;
(2) was published, disseminated, distributed
or displayed to the public without the consent of the depicted
individual; and
(3) was produced in whole or in part by using
artificial intelligence;
T. "person" means an individual or entity;
U. "political committee" means:
(1) a political party;
(2) a legislative caucus committee;
(3) an association that consists of two or
more persons whose primary purpose is to make contributions to
candidates, campaign committees or political committees or make
coordinated expenditures or any combination thereof; or
(4) an association that consists of two or
more persons whose primary purpose is to make independent
expenditures and that has received more than five thousand
dollars ($5,000) in contributions or made independent
expenditures of more than five thousand dollars ($5,000) in the
election cycle;
V. "political party" means an association that has
qualified as a political party pursuant to the provisions of
Section 1-7-2 NMSA 1978;
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W. "political purpose" means for the purpose of
supporting or opposing a ballot question or the nomination or
election of a candidate;
X. "prescribed form" means a form or electronic
format prepared and prescribed by the secretary of state;
Y. "public official" means a person elected to an
office in an election covered by the Campaign Reporting Act or
a person appointed to an office that is subject to an election
covered by that act; and
Z. "reporting individual" means a public official,
candidate or treasurer of a campaign committee or a treasurer
of a political committee."
SECTION 27. Section 1-19A-2 NMSA 1978 (being Laws 2003,
Chapter 14, Section 2, as amended) is amended to read:
"1-19A-2. DEFINITIONS.--As used in the Voter Action Act:
A. "applicant candidate" means a candidate who is
running for a covered office and who is seeking to be a
certified candidate in a primary or general election;
B. "certified candidate" means a candidate running
for a covered office who chooses to obtain financing pursuant
to the Voter Action Act and is certified as a Voter Action Act
candidate;
C. "contested" means there are more candidates for
a position than the number to be elected to that position;
D. "contribution" means a gift, subscription, loan,
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advance or deposit of money or other thing of value, including
the estimated value of an in-kind contribution, that is made or
received for the purpose of supporting or opposing the
nomination for election or election of a candidate for public
office, including payment of a debt incurred in an election
campaign and also including a coordinated expenditure, but
"contribution" does not include:
(1) a qualifying contribution;
(2) the value of services provided without
compensation or unreimbursed travel or other personal expenses
of individuals who volunteer a portion or all of their time on
behalf of a candidate; or
(3) the value of the incidental use of the
candidate's personal property, home or business office for
campaign purposes;
E. "coordinated expenditure" means an expenditure
that is made:
(1) by a person other than a candidate or
campaign committee;
(2) at the request or suggestion of, or in
cooperation, consultation or concert with, a candidate,
campaign committee or political party or any agent or
representative of such a candidate, campaign committee or
political party; and
(3) for the purpose of:
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(a) supporting or opposing the
nomination or election of a candidate; or
(b) paying for an advertisement that
refers to a clearly identified candidate and that is published
and disseminated to the relevant electorate in New Mexico
within thirty days before the primary election or sixty days
before the general election in which the candidate is on the
ballot;
F. "covered office" means any office of the
judicial department subject to statewide elections and the
office of district judge;
G. "expenditure" means a payment, transfer or
distribution of, or a promise to pay, transfer or distribute,
any money or other thing of value for the purpose of supporting
or opposing the nomination or election of a candidate;
H. "fund" means the public election fund;
I. "qualifying contribution" means a donation of
five dollars ($5.00) in the form of cash, a check, a money
order or an electronic form of payment, as prescribed by the
secretary, and payable to the fund in support of an applicant
candidate that is:
(1) made by a voter who is eligible to vote
for the covered office that the applicant candidate is seeking;
(2) made during the designated qualifying
period and obtained through efforts made with the knowledge and
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approval of the applicant candidate; and
(3) acknowledged by a receipt that identifies
the contributor's name and residential address on forms
provided by the bureau of elections and that is signed by the
contributor, one copy of which is attached to the list of
contributors and sent to the bureau of elections;
J. "qualifying period" means:
(1) for candidates who are seeking public
financing for a primary election or for both a primary and a
general election, the period beginning October 1 immediately
preceding the election year and ending at 5:00 p.m. on the
third Tuesday of March of the election year; [and ]
(2) for candidates who are seeking public
financing only for a general election, the period beginning
January 1 of the election year and ending that year at 5:00
p.m. on the twenty-third day following the primary election for
the office for which the candidate is running; and
(3) for candidates appointed when there is a
vacancy on the general election ballot pursuant to Section
1-8-7 NMSA 1978, the period beginning on the twenty-fourth day
following the primary election and ending sixty days after; and
K. "secretary" means the secretary of state or the
office of the secretary of state."
SECTION 28. Section 1-19A-3 NMSA 1978 (being Laws 2003,
Chapter 14, Section 3, as amended) is amended to read:
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"1-19A-3. TERMS OF PARTICIPATION--DECLARATION OF
INTENT.--
A. A person choosing to obtain financing pursuant
to the Voter Action Act shall first file with the secretary a
declaration of intent to participate in that act as an
applicant candidate for a stated covered office. The
declaration of intent shall be filed with the secretary prior
to or during the qualifying period according to forms and
procedures developed by the secretary.
B. To become an applicant candidate and participate
in the Voter Action Act, a person shall submit a declaration of
intent prior to collecting any qualifying contributions or
other contributions and make explicit in the declaration that
the candidate has complied with and will continue to comply
with that act's contribution and expenditure limits and all
other requirements set forth in that act and rules issued by
the secretary.
C. Except as provided in Subsection D of this
section, a person shall not be eligible to become an applicant
candidate if the person has accepted contributions totaling
more than one hundred dollars ($100) from any one contributor
during the election cycle in which the person is running for
office.
D. A person who has accepted contributions of more
than one hundred dollars ($100) from any one contributor during
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the election cycle in which the person decides to run for a
covered office is still eligible to become an applicant
candidate if:
(1) the contributions were for a candidacy for
an office other than a covered office and no money was raised
for or expended on any campaign-related activity for a covered
office during the time those contributions were made;
(2) the person does not solicit or accept
contributions for a candidacy for an office other than a
covered office or for the purpose of supporting or opposing a
ballot measure or another candidate after the person declares
candidacy for a covered office or becomes an applicant
candidate;
(3) the person places all campaign account
money that was collected before the person became an applicant
candidate in a segregated bank account and does not transfer
any money into or out of that account for the duration of the
person's campaign for a covered office; and
(4) the person agrees that, if elected to the
covered office, the person will transfer all money in the
campaign account to the fund.
E. After submitting a declaration of intent, a
person shall not withdraw that declaration and submit another
declaration of intent for a different covered office in the
same primary and general election cycle. "
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SECTION 29. Section 1-19A-7 NMSA 1978 (being Laws 2003,
Chapter 14, Section 7, as amended) is amended to read:
"1-19A-7. GUIDELINES AND RESTRICTIONS FOR CONTRIBUTIONS
TO AND EXPENDITURES OF CERTIFIED CANDIDATES.--
A. All money distributed to a certified candidate
shall be used only for that candidate's campaign-related
purposes in the election in which the money was distributed.
B. Money from the fund received by a candidate
shall not be used for:
(1) the candidate's personal living expenses
or compensation to the candidate or the candidate's spouse,
domestic partner, children or stepchildren;
(2) a contribution to another campaign of the
candidate or a payment to retire debt from another such
campaign;
(3) a contribution to the campaign of another
candidate or to a political party or political committee or to
a campaign supporting or opposing a ballot proposition;
(4) an expenditure supporting the election of
another candidate or the passage or defeat of a ballot
proposition or the defeat of any candidate other than an
opponent of the certified candidate; provided that a certified
candidate may purchase joint advertisements or services with
other certified candidates;
(5) payment of a fine levied by a court or the
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secretary; or
(6) a gift or transfer for which compensating
value is not received.
C. A certified candidate shall return to the fund
any amount that is unspent or unencumbered at the time that
person ceases to be a candidate before a primary or general
election for which the fund money was distributed.
D. A certified candidate shall limit total campaign
expenditures to the amount of money distributed to that
candidate from the fund, money received from a political party
pursuant to Section 1-19A-8 NMSA 1978 and contributions
collected pursuant to Section 1-19A-4.1 NMSA 1978. A certified
candidate shall not accept contributions from any other source
except the certified candidate's political party, as specified
in Section 1-19A-8 NMSA 1978 and contributions collected
pursuant to Section 1-19A-4.1 NMSA 1978.
E. A certified candidate [who does not remain a
candidate in the general election ] shall, within thirty days
after the primary election, transfer to the secretary for
deposit in the fund any amount received from the fund, from a
political party pursuant to Section 1-19A-8 NMSA 1978 or from
private contributors pursuant to Section 1-19A-4.1 NMSA 1978
that remains unspent or unencumbered by the date of the primary
election.
F. A certified candidate shall, within thirty days
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after the general election, transfer to the secretary for
deposit in the fund any amount received from the fund, from a
political party pursuant to Section 1-19A-8 NMSA 1978 or from
private contributors pursuant to Section 1-19A-4.1 NMSA 1978
that remains unspent or unencumbered by the date of the general
election.
G. If a certified candidate ceases to be a
certified candidate for any reason, the previously certified
candidate or candidate's campaign committee shall, within
thirty days thereafter, transfer to the secretary for deposit
in the fund any amount received from the fund, from a political
party pursuant to Section 1-19A-8 NMSA 1978 or from private
contributors pursuant to Section 1-19A-4.1 NMSA 1978 that
remains unspent or unencumbered by the date the candidate
ceases to be a certified candidate."
SECTION 30. A new section of the Voter Action Act is
enacted to read:
"[NEW MATERIAL] CREATION OF NEW ELIGIBLE OFFICES--
NOTIFICATION.--Upon creation of a new covered office, the
legislature shall notify the secretary in writing."
SECTION 31. Section 1-22-3 NMSA 1978 (being Laws 2018,
Chapter 79, Section 18, as amended) is amended to read:
"1-22-3. REGULAR LOCAL ELECTIONS--SPECIAL LOCAL
ELECTIONS--BALLOT QUESTIONS--QUALIFICATIONS OF CANDIDATES.--
A. A regular local election shall be held on the
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first Tuesday after the first Monday in November of each odd-
numbered year. A regular local election shall be held to elect
qualified persons to membership on a local governing body and
[where applicable] to elective municipal executive office and
to municipal judicial office.
B. A regular local election shall be a nonpartisan
election, and the names of all candidates shall be listed on
the ballot with no party or slate designation. No person shall
become a candidate in a regular local election unless the
person physically resides within the boundaries of the district
or districted area in which the person desires to be elected or
to represent and the person's record of voter registration
shows that the person is both a qualified elector of the state
and was registered to vote in the area to be elected to
represent on the date the proclamation calling a local election
is filed in the office of the secretary of state.
C. A local government may propose a ballot question
to be considered by the voters of the local government:
(1) at a regular local election or a general
election as provided by Subsection B of Section 1-16-3 NMSA
1978; or
(2) at a special local election called,
conducted and canvassed as provided in the Special Election
Act.
D. Except as otherwise provided in the Local
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Election Act, local elections shall be called, conducted and
canvassed as provided in the Election Code."
SECTION 32. Section 1-24-3 NMSA 1978 (being Laws 2019,
Chapter 212, Section 156, as amended) is amended to read:
"1-24-3. SPECIAL ELECTION PROCEDURES--CONDUCT.--
A. All special elections in this state shall be
conducted absentee. Mailed ballots shall be used exclusively
for voting in special elections. Except as otherwise provided
in the Special Election Act, all special elections in this
state shall be conducted and canvassed as provided in the
Election Code.
B. Without requiring a voter to file an application
to receive a ballot, the county clerk shall send a mailed
ballot to every voter of the county or local public body,
except a voter:
(1) who was sent a notice pursuant to
Subsection C of Section 1-4-28 NMSA 1978 and who has not
returned the prepaid and pre-addressed return card sent
pursuant to that section and has not filed a new certificate of
registration with a new address;
(2) whose voter notification pursuant to
Section 1-11-4.1 NMSA 1978 or official election-related mail
sent through a uniform, nondiscriminatory process was returned
to the county clerk or the secretary of state as undeliverable
and the voter has not communicated with the county clerk that
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the official voter notification or election-related mail was
returned as undeliverable in error or filed a certificate of
registration with a new address; or
(3) whose ballot is delivered pursuant to the
provisions of the Intimate Partner Violence Survivor Suffrage
Act.
C. Forty-two days before the election or in the
case of a voter notification returned to the county clerk, as
soon thereafter as practicable, the county clerk shall send to
each voter of the county or local public body described in
Paragraphs (1) and (2) of Subsection B of this section notice,
sent by forwardable mail, that the voter will not be sent a
ballot for the special election unless the voter updates the
voter's address as provided by the Election Code or informs the
county clerk that the address on the certificate of
registration is valid. The notice shall include contact
information for the office of the county clerk and an internet
address where the voter may update the voter's address or
communicate with the county clerk. The mailed ballot register
shall note which voters were sent a notice pursuant to this
subsection.
D. Between the twenty-seventh and twenty-fifth day
before the election, pursuant to Subsection B of this section,
the county clerk shall send to each voter a ballot for the
special election, along with a postage-paid return envelope, a
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notice that there will be no traditional polling places for the
election, the recommended deadline to deposit the voted mailed
ballot with the United States postal service for return by
mail, the deadline for the ballot to be received by the county
clerk and a list of the times and locations of monitored
secured containers available in the county.
E. Beginning twenty-two days before the election,
the county clerk shall issue replacement and provisional
ballots as provided in the Absent Voter Act for the mailed
ballot process. In addition, the county clerk shall send a
ballot to any voter described in Paragraphs (1) and (2) of
Subsection B of this section who has not previously been sent a
ballot if the voter submits an application pursuant to Section
1-6-4 NMSA 1978.
F. When required by federal law, if the voter has
on file with the county a valid certificate of registration
that indicates that the voter is a new registrant in the state
and who registered by mail without submitting the required
documentary identification, the county clerk shall notify the
voter that the voter must submit with the mailed ballot the
required documentary identification from the list in Paragraph
(3) of Subsection I of Section 1-4-5.1 NMSA 1978. The county
clerk shall note on the mailed ballot register and signature
roster that the applicant's mailed ballot must be returned with
the required documentary identification.
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G. Special elections called by counties or local
public bodies, and any automatic recounts associated with those
elections, shall be canvassed in accordance with the county
canvassing provisions in Article 13 of the Election Code. Upon
certification by the county canvassing board, the county clerk
shall forward a copy of the board's certification to the
secretary of state."
SECTION 33. A new section of the Election Code is enacted
to read:
"[NEW MATERIAL] EMERGENCY ELECTION PROCEDURES.--
A. Upon issuance of an executive order declaring a
state of emergency or an executive order for an impending
emergency, the secretary of state shall authorize county clerks
in impacted counties to evaluate and develop emergency
contingency plans to ensure maximum participation in the
electoral process and provide a safe and orderly procedure for
impacted elections.
B. A county clerk shall notify the secretary of
state in writing of any natural disasters impacting election
operations. As soon as possible following the issuance of an
executive order declaring an emergency:
(1) the county clerk shall identify the number
of polling places that are functional and the number of polling
places that are no longer functional. If a polling place is
destroyed, inaccessible or unsafe, efforts should be made to
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work with federal, state and local emergency management
agencies to permit the orderly establishment of a new polling
place. An alternate emergency location shall be designated by
the county clerk and authorized by the secretary of state and
shall meet the requirements for voter convenience centers in
Section 1-3-4 NMSA 1978. The secretary of state may authorize
one county to loan a mobile voting unit to another county;
(2) the county clerk shall notify the
secretary of state in writing of any impact to mailed ballot
delivery. The secretary of state may authorize the county
clerk to transmit ballot and balloting materials by secured
electronic transmission available to the county clerk to voters
who have submitted an emergency mailed ballot request on a form
prescribed by the secretary of state. Any delays, closures of
secured monitored containers or additional changes to the
ability of voters to receive or return a mailed ballot shall be
posted as soon as practicable on the county clerk's website
with information on how voters may participate in the election;
and
(3) any contingency plans involving
elimination or consolidation of a polling place or
establishment of an alternative voting or mobile voting unit
within an Indian nation, tribe or pueblo shall occur pursuant
to Section 1-21A-9 NMSA 1978.
C. Nothing in this section shall be interpreted as
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extending or as an extension of the time period for an
election."
SECTION 34. REPEAL.--Sections 1-8-21.1, 1-8-42, 1-12-7.1
and 1-22-3.1 NMSA 1978 (being Laws 1993, Chapter 55, Section
11, Laws 1973, Chapter 228, Section 12, Laws 1969, Chapter 240,
Section 112 and Laws 2018, Chapter 79, Section 34, as amended)
are repealed.
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