NON-MAJOR PARTY VOTERS IN PRIMARY ELECTIONS
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SB 16 — NON-MAJOR PARTY VOTERS IN PRIMARY ELECTIONS
Last action — Signed
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 21, 2025. Enacted.
Signed by Governor Michelle Lujan Grisham (Democratic) on April 08, 2025.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
5 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (5 D).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
361 added · 630 removedPlain-language change summary
The amendments to SB 16 allow voters who have not previously declared a political party affiliation to participate in the primary elections by choosing to affiliate with a major political party. This means that these voters can now request a party's ballot and vote in the primary elections, increasing their engagement in the electoral process. This change matters because it opens up the primaries to more voters, potentially leading to a more representative selection of candidates for the general election.
SENATEAN BILLACT 16RELATING 57THTO LEGISLATUREPRIMARY -ELECTIONS; STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Natalie Figueroa and Peter Wirth and Kathleen Cates and Cristina Parajón and Angelica Rubio This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
TheALLOWING documentVOTERS isWHO aHAVE toolNOT toDESIGNATED showA amendmentsPOLITICAL inPARTY contextAFFILIATION andON cannotTHEIR beCERTIFICATES usedOF forREGISTRATION theTO purposePARTICIPATE ofIN addingTHE amendmentsPRIMARY toELECTION legislation.PROCESS BY CHOOSING TO AFFILIATE WITH A MAJOR POLITICAL PARTY PARTICIPATING IN A PRIMARY BY REQUESTING THE PARTY'S BALLOT;
AN ACT h RELATING TO PRIMARY ELECTIONS;
ALLOWING VOTERS WHO HAVE NOT g o DESIGNATED A SJCºSRCºMAJOR POLITICAL»SRC»SJC SJCº t hr g e i k SJCºMAJOR»SJC POLITICAL»SJC PARTY AFFILIATION ON THEIR h r i s CERTIFICATES OF REGISTRATION TO PARTICIPATE IN THE PRIMARY h , t, ELECTION PROCESS BY CHOOSING TO AFFILIATE WITH A MAJOR e u g e b l e e h POLITICAL PARTY PARTICIPATING IN A PRIMARY BY REQUESTING THE n d d i = = o h PARTY'S BALLOT;
l9 ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
dSECTION m1. :
b e d s º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e e a n e d r e l u [ A d SECTION 1.
A voter who has declined to designate on the voter'sSB certificate16 ofPage registration1 a party affiliation h SJCº,»SJC SJCºSRCºor who designated affiliation with a party u » r other than a major political party on the voter's certificate t h g e l i of registration,»SRC»SJCregistration SJCºSJCºor who designated h r i s affiliation with a party otheraffiliation than a major political party on h , e h the voter's certificate of registration,»SJC»SJC but who t u g e b l e e , gh chooses to affiliate with a major political party that is n d d i = = o h participating in a primary election may do so by requesting the l ] b ,d i a º r ballot of one of the parties participating in that primary e r = t e w d m a n o election.
The voter's certificate of registration shall not be dchanged mto :reflect a new or different party affiliation unless the voter so requests in accordance with the provisions of Subsection B of this section." SECTION 2.
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 2 - e a n e d r e l u [ A d changed to reflect a new or different party affiliation unless the voter so requests in accordance with the provisions of Subsection B of this section." SECTION 2.
SJCºA SRCºA voter affiliatedwho withhas adeclined partyto otherdesignate thanon athe majorvoter's politicalcertificate party,of butregistration who chooses to affiliate with a major political party participatingaffiliation in a primary election, shall be h provided the option on the application form for a mailed ballot u » r in a primary election to request the ballot of one of the t h g e l i parties participating in the primary election.»SRC»SJCelection. SJCºA h r i s voter SJCºaffiliated with a party other than a major political h , e h party, but who chooses to affiliate with a major political t u g e b l e e , gh party participating in a primary election,»SJC SJCºwho has n d d i = = o h declined to designate on the voter's certificate of l ] b ,d i a º r e r = registration a party affiliation»SJC shall be provided the t e w d m a n o option on the application form for a mailed ballot in a primary d m :
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 3 - e a n e d r e l u [ A d election to request the ballot of one of the parties participating in the primary election.»SJC B.
Each application on a paper form for a mailed ballot shall be signed by the applicant and shall require the SB 16 Page 2 applicant's printed name, registration address and year of birth.
provided that the h voter shall have a current or expired New Mexico driver's u » r license or state identification card issued by the motor t h g e l i vehicle division of the taxation and revenue department.
An h r i s online request for a mailed ballot shall contain all of the h , e h information that is required for a paper form.
The voter shall t u g e b l e e , gh also provide the person's full New Mexico driver's license n d d i = = o h number or state identification card number.
l ] b ,d i a º r D.
When a voter requests a mailed ballot pursuant e r = t e w d m a n o to this section, the voter shall mark the box associated with dthe mfollowing :statement, which shall be included as part of the online mailed ballot request form:
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 4 - e a n e d r e l u [ A d the following statement, which shall be included as part of the online mailed ballot request form:
SB 16 Page 3 [ ] I am the person whose name and identifying information is provided on this form and I desire to request a mailed ballot to vote in the state of New Mexico;
For purposes of deadlines contained in the Election Code, the time and date of the submission by the voter shall be considered the time and date when the application for a mailed ballot is received by the h county clerk.
u » r F.
New registrants who registered for the first t h g e l i time in this state by mail and at that time did not provide h r i s acceptable documentary identification as required by federal h , e h law shall be informed of the need to comply with federal t u g e b l e e , gh identification requirements when returning the requested ballot n d d i = = o h and notified that if the registrant votes for the first time in l ] b ,d i a º r New Mexico by mail and does not follow the instructions for ereturning rthe =required tdocumentary eidentification, wthe dregistrant mwaives a n o returning the requiredright documentaryto identification,secrecy thein dthat mmailed :ballot.
bThe rsecretary eof tstate ºshall oissue trules nto =exempt .229408.2AICvoters Februaryfrom 18,submitting 2025identification (7:50pm)only sas krequired mby efederal -law 5and -shall ereview aand, nif enecessary, dSB r16 ePage l4 uupdate [these Arules dno registrantlater waivesthan theMarch right15 toof secrecyeven-numbered inyears. that mailed ballot.
The secretary of state shall issue rules to exempt voters from submitting identification only as required by federal law and shall review and, if necessary, update these rules no later than March 15 of even-numbered years.
MAIL BALLOT ELECTION PRECINCT--ABSENTEE VOTING h IN LIEU OF POLLING PLACE.-- u » r A.
Notwithstanding the provisions of Sections t h g e 1-1-11 and 1-1-12 NMSA 1978, not later than the first Monday in l i h r i s November of each odd-numbered year, a board of county h , e h commissioners may designate a precinct as a mail ballot t u g e b l election precinct if, upon a written request of the county e e , gh n d d i = = o h clerk, it finds that the precinct has fewer than one hundred l ] b ,d i a º r voters and the nearest polling place for an adjoining precinct e r = t e w d is more than twenty miles driving distance from the boundary mfor athe nprecinct oin dquestion. m :
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 6 - e a n e d r e l u [ A d for the precinct in question.
If a precinct is designated a mail ballot election precinct, in addition to the notice required pursuant SB 16 Page 5 to Section 1-3-8 NMSA 1978, the county clerk shall notify by mail with delivery confirmation all voters in that precinct at least forty-two days before an election that each voter will be sent an absentee ballot twenty-eight days before the election and that there will be no polling place for the precinct on election day.
The notice shall also inform the voter that a voting system equipped for persons with disabilities will be available at all early voting locations before election day and in the office of the county clerk on h election day in case the voter prefers to vote in person and u » r not by mail.
In addition, the notice shall inform the voter of t h g e l i the ability of the voter to cast a ballot at any voter h r i s convenience center on election day if the voter chooses not to h , e h receive an absentee ballot, or to cast a replacement ballot at t u g e b l e e , gh any early voting location or voter convenience center if the n d d i = = o h voter does not receive an absentee ballot, which will be l ] b ,d i a º r counted upon confirmation that the voter has not returned the e r = t e w d m a n o absentee ballot.
The notice shall also contain the information drequired min :the voter notification sent by the secretary of state on behalf of each county clerk in advance of a statewide election pursuant to SB 16 Page 6 Section 1-11-4.1 NMSA 1978.
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 7 - e a n e d r e l u [ A d required in the voter notification sent by the secretary of state on behalf of each county clerk in advance of a statewide election pursuant to Section 1-11-4.1 NMSA 1978.
For a primary election, the notice sent to voters who have not designated a party affiliation on their certificates of registration SJCº,»SJC SJCºSRCºor who designated affiliation with a party other than a major political party on the voter's certificate of registration,»SRC»SJC SJCºSJCºor who designated affiliation with a party other than a major political party on the voter's certificate of registration,»SJC»SJC shall inform such voters that the voters may return the card and indicate which major political party's ballot the voter chooses for that primary election or log on to a website hosted by the secretary of state to indicate which major political party's ballot the voter chooses for that primary election.
h [C.] D.
The county clerk shall mail each voter in u » r the mail ballot election precinct an absentee ballot on the t h g e l i twenty-eighth day before an election, unless the voter has h r i s requested otherwise or does not return the card required by h , e h Subsection C of this section indicating which party ballot the t u g e b l e e , gh voter chooses for that election, along with a notice that there n d d i = = o h will be no polling place in that precinct on election day." l ] b ,d i a º r SECTION 4.
Section 1-12-7 NMSA 1978 (being Laws 1969, e r = t e w d m a n o Chapter 240, Section 246, as amended) is amended to read:
d"1-12-7. m :
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 8 - e a n e d r e l u [ A d "1-12-7.
A person shall not vote in a primary, general or statewide special election unless [he ] the person is a voter of the county in which [he ] the person offers to vote.
Show all 79 changed lines (39 more)
A valid SB 16 Page 7 original certificate of registration in the county register is prima facie evidence of being a voter in the precinct.
[B.B.
A person whoseat majora partyprimary affiliationelection isshall not designatedbe onpermitted histo originalvote certificatefor the candidate of registrationany shallparty notother votethan inthe aparty primarydesignated election.on the person's current certificate of registration;
C.]provided B.that a person who has declined to designate a political party affiliation on the person's certificate of registration shall be permitted to choose to affiliate with a major political party in a primary election by requesting a major political party's primary election ballot and shall be permitted to vote for the candidates on that party's ballot." SECTION 5.
A person at a primary election shall not be permitted to vote for the candidate of any party other than the party designated on [his ] the person's current certificate of registration;
provided that a person who has declined to designate a political party affiliation on the person's h certificate of registration SJCº,»SJC SRCºor who designated g o t hr affiliation with a party other than a major political party on g e i k the voter's certificate of registration,»SRC SJCºSJCºor who h r i s designated affiliation with a party other than a major h , t, e u g political party on the voter's certificate of e b l e e h registration,»SJC»SJC shall be permitted to choose to n d d i = = o h affiliate with a major political party in a primary election by l ] b ,d i a º e r i = r requesting a major political party's primary election ballot t e w d m a n o and shall be permitted to vote for the candidates on that d m :
b e d s º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 9 - e a n e d r e l u [ A d party's ballot." SECTION 5.
At each polling location where physical rosters SB 16 Page 8 are used, the presiding judge of the precinct board shall assign one judge or election clerk of the board to be in charge h of one copy of the checklist of voters, which shall be used to u » r confirm the registration and voting of each person offering to t h g e l i vote.
h r i s C.
The presiding judge of the precinct board shall h , e h assign one judge or election clerk to be in charge of the t u g e b l e e , gh signature roster.
n d d i = = o h D.
The judge or election clerk assigned to confirm l ] b ,d i a º r registration shall determine that each person offering to vote eis rregistered =and, tin ethe wcase dof m a nprimary oelection, that the voter is registeredeither and,currently registered in a party designated on the caseprimary election ballot or has declined to designate a party affiliation on the voter's certificate of registration and chooses to affiliate with a primarymajor election,political party for that primary election by requesting a ballot of a party designated on the dprimary melection :ballot.
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 10 - e a n e d r e l u [ A d voter is either currently registered in a party designated on the primary election ballot or has declined to designate a party affiliation on the voter's certificate of registration SJCº,»SJC SJCºSRCºor who designated affiliation with a party other than a major political party on the voter's certificate of registration,»SRC»SJC SJCºSJCºor who designated affiliation with a party other than a major political party on the voter's certificate of registration,»SJC»SJC and chooses to affiliate with a major political party for that primary election by requesting a ballot of a party designated on the primary election ballot.
If the voter does not provide the required voter identification, the voter h shall be allowed to vote on a provisional paper ballot and u » r shall provide the required voter identification to the county t h g e l i clerk's office before 5:00 p.m.
on the second day followingSB the16 hPage r9 ifollowing sthe election, or to the precinct board before the polls close, or h , e h the voter's provisional ballot shall not be qualified.
If the t u g e b l e e , gh required voter identification is provided, the voter's n d d i = = o h provisional paper ballot shall be qualified and the voter shall l ] b ,d i a º r not vote on any other type of ballot.
e r = t e w d m a n o E.
The judge or election clerk shall locate the dname mon :the signature roster and shall require the voter to sign the voter's usual signature or, if unable to write, to make the voter's mark opposite the voter's printed name.
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 11 - e a n e d r e l u [ A d name on the signature roster and shall require the voter to sign the voter's usual signature or, if unable to write, to make the voter's mark opposite the voter's printed name.
The judge or election clerk shall follow the procedures provided for in Sections 1-12-7.2 and 1-12-8 NMSA h 1978 if a person whose name does not appear on the signature u » r roster requests to vote or a person is required to voteSB on16 aPage t10 hvote gon ea l i provisional paper ballot.
h r i s H.
A voter shall not be permitted to vote until the h , e h voter has properly signed the voter's usual signature or made t u g e b l e e , gh the voter's mark in the signature roster." n d d i = = o h SECTION 6.
Section 1-12-7.2 NMSA 1978 (being Laws 1969, l ] b ,d i a º r Chapter 240, Section 114, as amended) is amended to read:
e r = t e w d m a n o "1-12-7.2.
VOTER WHOSE NAME IS NOT ON LIST OR ROSTER.-- dA. m :
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 12 - e a n e d r e l u [ A d A.
In a primary election, a voter shall not be hSB 16 Page 11 permitted to vote for a candidate of a party different from the u » r party designation shown on the voter's certificate of t h g e l i registration unless the voter's certificate of registration h r i s shows that the voter has declined to designate a party h , e h affiliation SJCºSRCºorand that the voter designatedchooses affiliationto taffiliate u g e b l e e , gh with a party other than a major political party onfor thethat voter'sprimary nelection dby drequesting ithe =ballot = o h certificate of registration,»SRC»SJC SJCºSJCºor that the l ] b ,d i a º r voter designated affiliation with a party otherparticipating thanin a major e r = t e w d m a n o political party on the voter'sprimary. certificate of d m :
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 13 - e a n e d r e l u [ A d registration,»SJC»SJC and the voter chooses to affiliate with a major political party for that primary election by requesting the ballot of a party participating in the primary.
h C.
the person offering to vote has already cast a g o t hr ballot in that election;
g e i k D.
the person offering to vote is improperly h r i s registered because the person is not a qualified elector;
or h , t, E.
in the case of a primary election, the person eSB u16 gPage e12 b l e e h desiring to vote is [not] currently affiliated with a nmajor d d i = = o h SJCºSRCºmajor»SRC»SJC SJCºmajor»SJC political party SJCºoror a l ] b ,d i a º e political party not»SJCnot SJCºSRCºrepresentedrepresented on the rballot iand =the rperson trequests ea wballot dfor m a nparty owith ballot»SRC»SJCwhich SJCºrepresented on the ballot»SJCperson SJCºbut»SJCis dnot maffiliated." :SECTION 8.
b e d s º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e - 14 - e a n e d r e l u [ A d SJCºand»SJC the person requests a ballot for a party with which the person is not affiliated." SECTION 8.
A voter may vote in a presidential primary h election on the ballot of only one of the parties participating u » r in the primary election in accordance with the provisions of t h g e l i Section 1-12-7 NMSA 1978." h r i s SECTION 9.
EFFECTIVE DATE.--The effective date of the h , e h provisions of this act is July 1, 2025.
tSB u16 gPage e13 b25 l e e , gh - 15 - n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .229408.2AIC February 18, 2025 (7:50pm) s k m e e a n e d r e l u [ A d
Show all 79 changed rows (39 more)
View plain text versions (3)
- Final Version View text Current pdf
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AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This bill allows voters without a designated party affiliation to participate in primary elections by choosing a major political party's ballot.
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Section 1-4-15
A voter who has declined to designate on the voter's certificate of registration a party affiliation→ A voter who has declined to designate a political party affiliation on the voter's certificate of registration but who chooses to affiliate with a major political party that is participating in a primary election may do so by requesting the ballot of one of the parties participating in that primary election.It allows voters who haven't declared a party affiliation to select a party's ballot in the primary elections.
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Section 1-6-4
A voter who has declined to designate on the voter's certificate of registration a party affiliation shall be provided the option on the application form for a mailed ballot in a primary election to request the ballot of one of the parties participating in the primary election.This gives voters without a party affiliation the ability to request a party's ballot through the mailed ballot application.
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Section 1-6-22.1
For a primary election, the notice sent to voters who have not designated a party affiliation on their certificates of registration shall inform such voters that the voters may return the card and indicate which major political party's ballot the voter chooses for that primary election→ For a primary election, the notice sent to voters who have not designated a party affiliation on their certificates of registration shall inform such voters that the voters may return the card and indicate which major political party's ballot the voter chooses for that primary election or log on to a website hosted by the secretary of state to indicate which major political party's ballot the voter chooses for that primary election.This enhances notification requirements by allowing voters to choose their party ballot online.
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Section 1-12-7
B. A person at a primary election shall not be permitted to vote for the candidate of any party other than the party designated on the person's current certificate of registration;→ B. A person at a primary election shall not be permitted to vote for the candidate of any party other than the party designated on the person's current certificate of registration; provided that a person who has declined to designate a political party affiliation on the person's certificate of registration shall be permitted to choose to affiliate with a major political party in a primary election by requesting a major political party's primary election ballot and shall be permitted to vote for the candidates on that party's ballot.It allows individuals without a declared party affiliation to vote in a primary election by selecting a major party's ballot.
Action History
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Signed
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passed House
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DO PASS committee report adopted
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DO PASS committee report adopted
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Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee
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passed Senate
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DO PASS, as amended, committee report adopted
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DO PASS, as amended, committee report adopted
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Sent to Senate Rules Committee & Senate Judiciary Committee
Sponsors
- Angelica Rubio · Primary
- Cristina Parajón · Primary
- Kathleen Cates · Primary
- Peter Wirth · Primary
- Natalie Figueroa · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 107 not signed on
Sponsors (5)
- Angelica Rubio Democrat
- Cristina Parajón Democrat
- Kathleen Cates Democrat
- Peter Wirth Democrat
- Natalie Figueroa Democrat
Co-sponsors (0)
None.
Not signed on (107)
107 members have not signed on to this bill.
Show all 107 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 16?
- SB 16 is sponsored by Angelica Rubio (Democrat), Cristina Parajón (Democrat), Kathleen Cates (Democrat), Peter Wirth (Democrat), and Natalie Figueroa (Democrat).
- What is the current status of SB 16?
- This bill has been enacted into law. Introduced January 21, 2025. Enacted.
- Where can I track SB 16?
- Track SB 16 free on One Click Politics — get push/email alerts when it moves.
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