SB 218 — ELECTION CHANGES
Last action — action postponed indefinitely
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
2496 added · 2086 removedPlain-language change summary
The updated version of SB 218 removes the section related to provisional ballot requirements and the elections security program previously managed by the Bureau of Elections. This change simplifies the bill by focusing on the certification of county clerks and procedures for newly appointed election board members. These adjustments are significant because they streamline election administration processes, potentially improving efficiency and clarity in handling elections.
SENATE BILL 218 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Katy M.
Duhigg and Heather Berghmans 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby ELECTIONa ADMINISTRATION;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AMENDINGThe THEdocument ELECTIONis CODE;a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
PROVIDINGh AAN PROCESSACT FORg ELECTIONo ADMINISTRATIVERELATING STAFFTO HOMEELECTION ADDRESSADMINISTRATION; CONFIDENTIALITY;
REQUIRINGAMENDING COUNTY CLERKS TO PARTICIPATE IN A CERTIFICATION PROGRAM ADMINISTERED BY THE SECRETARYELECTION OFt STATEhr ANDg TOe RECEIVEi CERTIFICATION;k CODE;
PROVIDING ELECTIONA DAYPROCESS PROCEDURES FOR NEWLYELECTION APPOINTEDADMINISTRATIVE ELECTIONSTAFF BOARDh er ti 17s MEMBERS;HOME ADDRESS CONFIDENTIALITY;
REQUIRING COUNTY CLERKS TO h , t, PARTICIPATE IN A CERTIFICATION PROGRAM ADMINISTERED BY THE e u g e b l e e h SECRETARY OF STATE AND TO RECEIVE CERTIFICATION;
PROVIDING n d d i = = o h ELECTION DAY PROCEDURES FOR NEWLY APPOINTED ELECTION BOARD l ] b ,d i a º e MEMBERS;
REMOVING wr li n= r t e w d 18m a n o THE ELECTIONS SECURITY PROGRAM FROM THE BUREAU OF ELECTIONS OF =d =m 19: a l THE OFFICE OF THE SECRETARY OF STATE;
AMENDINGb THEe PRIMARYd is º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e e a n e d r 20e ELECTIONl LAW;u [ A d THE OFFICE OF THE SECRETARY OF STATE;
REQUIRINGAMENDING THE SECRETARYPRIMARY OFELECTION STATELAW; TO IMPLEMENT A a t m m 21 SECURE INTERNET APPLICATION TO GATHER ELECTRONIC SIGNATURES FOR d r e 22 THE QUALIFICATION OF POLITICAL PARTIES;
PROVIDINGREQUIRING BALLOTTHE cSECRETARY eOF sSTATE kTO 23IMPLEMENT PROCEDURES;A SECURE INTERNET APPLICATION TO GATHER ELECTRONIC SIGNATURES FOR THE QUALIFICATION OF POLITICAL PARTIES;
REQUIRINGPROVIDING VOTERBALLOT NOTIFICATIONSPROCEDURES; TO BE SENT TO e a n b 24 ELIGIBLE VOTERS;
AMENDINGREQUIRING THEVOTER CIRCUMSTANCESNOTIFICATIONS INTO WHICHBE ANSENT uTO [ELIGIBLE AUTOMATICVOTERS; RECOUNT IS REQUIRED;
PROVIDINGAMENDING ATHE PROCEDURECIRCUMSTANCES FORIN .229621.2WHICH QUALIFIEDAN POLITICALAUTOMATIC PARTIESRECOUNT TOIS PLACEREQUIRED; A CANDIDATE FOR PRESIDENT OR VICE PRESIDENT ON THE GENERAL ELECTION BALLOT;
PROVIDING A PROCEDURE FOR QUALIFIED POLITICAL PARTIES TO PLACE A CANDIDATE FOR PRESIDENT OR VICE PRESIDENT ON THE GENERAL ELECTION BALLOT;
SRCº REPEALING A SECTION RELATING TO MUNICIPAL ELECTION PROCEDURES;PROCEDURES;»SRC AMENDING THE SPECIAL h ELECTION ACT;
AMENDINGPROVIDING THEPROCEDURES FOR SPECIAL ELECTIONELECTIONS ACT;CALLED u » r BY COUNTIES OR LOCAL PUBLIC BODIES;
PROVIDING PROCEDURES FOR SPECIALt ELECTIONSh CALLEDg BYe COUNTIESl ORi LOCALEMERGENCY PUBLICELECTIONS; BODIES;
PROVIDINGELIMINATING PROCEDURESPRE-PRIMARY FORCONVENTION EMERGENCYh ELECTIONS;r i s DESIGNATIONS;
ELIMINATING PRE-PRIMARY CONVENTION DESIGNATIONS;
h , e h SRCº PROVIDING A DELAYED REPEAL FOR CERTAIN MUNICIPAL ELECTION t u g e b l e e , gh PROCEDURES;»SRC AMENDING, REPEALING AND ENACTING SECTIONS OF n d d i = = o h THE NMSA 1978.
16l ] b ,d i a º r e r = t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ed tm 17: SECTION 1.
Sectionb 1-1-27.1r NMSAe 1978t (beingº Lawso 2023,t wn l= .229621.2AIC February 12, 2025 (9:24pm) s k m e - 2 - e a n e d 18r Chaptere 39,l Sectionu 1)[ isA amendedd toSECTION read:1.
=Section =1-1-27.1 19NMSA a1978 l(being "1-1-27.1.Laws 2023, Chapter 39, Section 1) is amended to read:
PUBLIC"1-1-27.1. OFFICIAL AND ELECTION ADMINISTRATIVE i a e r 20 STAFF HOME ADDRESS CONFIDENTIALITY [RULEMAKING].-- a t m m 21 A.
ThePUBLIC secretaryOFFICIAL ofAND stateELECTION shallADMINISTRATIVE promulgateSTAFF rulesHOME toADDRESS dCONFIDENTIALITY r[RULEMAKING].-- eA. 22 allow an elected or appointed public official to designate as c e s k 23 confidential the public official's home address as stated in e a n b 24 election- and financial-related disclosures filed with the u [ secretary of state or county clerks.
AThe homesecretary addressof designatedstate .229621.2shall -promulgate 2rules -to asallow confidentialan pursuantelected toor thisappointed sectionpublic isofficial exemptto fromdesignate disclosureas pursuantconfidential tothe anpublic Inspectionofficial's ofhome Publicaddress Recordsas Actstated requestin election- and shallfinancial-related notdisclosures befiled publishedwith onthe asecretary governmentalof website.state or county clerks.
A home address designated 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.
A requestor shall complete a h notarized affidavit that unredacted copies are being requested u » r for the purposes of a challenge brought pursuant to the t h g e Election Code or a judicial proceeding and that any address l i h r i s designated as confidential shall not be used for any other h , e h purpose.
t u g e b l B.
Nonelected and appointed employees of a county e e , gh n d d i = = o h clerk or the secretary of state may designate a confidential l ] b ,d i a º r home address that shall not be disclosed on voter lists and e r = t e w d file maintenance lists.
The designation shall be made on a em ta 17n formo prescribedd bym the: secretary of state.
wb lr e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 3 - e a n e d 18r C.e l u [ A d form prescribed by the secretary of state.
ForC. the purposes of this section, "public = = 19 a l official" means a person elected or appointed to a federal, i a e r 20 state, county or local office or a candidate thereof or a a t m m 21 person appointed to a federal, state, county or local d r e 22 government position." c e s k 23 SECTION 2.
SectionFor 1-2-5the NMSApurposes 1978of (beingthis Lawssection, 1969,"public eofficial" means a nperson belected 24or Chapterappointed 240,to Sectiona 26,federal, asstate, amended)county isor amendedlocal office or a candidate thereof or a person appointed to read:a federal, state, county or local government position." SECTION 2.
uSection [1-2-5 "1-2-5.NMSA 1978 (being Laws 1969, Chapter 240, Section 26, as amended) is amended to read:
SECRETARY"1-2-5. OF STATE--ELECTION SEMINARS-- .229621.2 - 3 - CERTIFICATION PROGRAM.-- A.
InSECRETARY carryingOF outSTATE--ELECTION [his]SEMINARS-- theCERTIFICATION dutiesPROGRAM of.-- theA. 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.
Show all 490 changed lines (450 more)
TheIn carrying out [his] the duties of the secretary of state shallunder sendthe writtenElection noticeCode, the secretary of thestate seminarshall, once before [each and ] every statewide election, cause to eachbe countyorganized clerkand settingconducted forthat theconvenient timeplaces and placetimes in this state seminars on the administration of the seminar.Election Code.
EachThe countysecretary clerk,of onestate ofshall [his]send written h notice of the seminar to each county clerk'sclerk designatedsetting deputiesforth andthe oneg votingo machinet technicianhr shalltime attendand place of the seminar.
PerEach diemcounty andclerk, mileageone shallof be[his paid] outg ofe i k the fundscounty appropriatedclerk's todesignated thedeputies secretaryand ofone state.voting machine h r i s technician shall attend the seminar.
B.Per diem and mileage h , t, shall be paid out of the funds appropriated to the secretary of e u g e b l e e h state.
Then secretaryd ofd statei shall= conduct= ao certificationh programB. for county clerks and shall require each county clerk to receive certification within twelve months of e t 17 an initial appointment, election or reelection.
wThe secretary of state shall conduct a l ] b ,d i a º e certification program for county clerks and shall require each r i = r t e w d m a n o county clerk to receive certification within twelve months of d 18m C.:
Theb secretarye ofd states shallº reviewo thet =n = 19.229621.2AIC aFebruary l12, certification2025 program(9:24pm) everys fourk years,m upone passage- of4 new- ie a n e d r 20e electionl lawsu or[ moreA oftend asan appropriate.initial appointment, election or reelection.
aC. t m m 21 D.
ByThe Julysecretary 2026,of allstate county clerks shall completereview dthe rcertification eprogram 22every initialfour participationyears, inupon thepassage certificationof program."new celection elaws sor kmore 23often SECTIONas 3.appropriate.
SectionD. 1-2-12 NMSA 1978 (being Laws 1969, e a n b 24 Chapter 240, Section 32, as amended) is amended to read:
uBy [July "1-2-12.2026, all county clerks shall complete initial participation in the certification program." SECTION 3.
ELECTIONSection BOARD--POSITIONS1-2-12 ONNMSA EACH1978 BOARD.--(being .229621.2Laws -1969, 4Chapter -240, A.Section 32, as amended) is amended to read:
"1-2-12.
ELECTION BOARD--POSITIONS ON EACH BOARD.-- A.
The county clerk shall appoint presiding judges and election judges so that not more than two of the three h judges belong to the same political party at the time of their g o t hr appointment;
g e i k (1) a judge of an election board shall not h r i s have changed party registration in the two years next preceding h , t, the judge's appointment in such a manner that the judge's prior e u g e b l e e h party registration would make the judge ineligible to serve on n d d i = = o h the assigned election board;
and (2)l a] judgeb of,d ani electiona boardº shalle not(2) continuea tojudge serveof on an election board ifshall thenot judger changesi e= r t 17e partyw registrationd afterm the date of appointment in such a w l n do 18continue manner to make the judge ineligible to serve on thean assignedelection =board =if 19the ajudge lchanges electiond board.m :
ib e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 5 - e a n e d r 20e C.l u [ A d party registration after the date of appointment in such a manner to make the judge ineligible to serve on the assigned election board.
TheC. county clerk may appoint teams of election a t m m 21 judges under the supervision of one or more presiding judges d r e 22 for absent voter precincts, recounts and special elections;
cThe ecounty sclerk kmay 23appoint providedteams that each team shall consist of two election judges eunder a n b 24 and that each election judge on a team shall not belong to the usupervision [of sameone politicalor partymore aspresiding anyjudges otherfor electionabsent judgevoter onprecincts, therecounts teamand atspecial .229621.2elections; - 5 - the time of the appointment;
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 the time of the appointment;
The county clerk may appoint election clerks to an election board as necessary to assist the presiding judge h and election judges if the county clerk determines that u » r additional election board members are needed.
t h g e l i E.
County clerk employees may be assigned by the h r i s county clerk to provide support to an election board or polling h , e h location.
t u g e b l e e , gh F.
In the event a newly appointed election board n d d i = = o h member must report directly to a polling location on election l ] b ,d i a º r day, the presiding judge shall administer the oath of office." e r = t e w d m a n o SECTION 4.
Section 1-2-34 NMSA 1978 (being Laws 2023, ed tm 17: Chapter 39, Section 8) is amended to read:
wb lr e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 6 - e a n e d 18r "1-2-34.e l u [ A d Chapter 39, Section 8) is amended to read:
ELECTIONS"1-2-34. SECURITY PROGRAM--GENERAL = = 19 a l RESPONSIBILITIES.-- i a e r 20 A.
TheELECTIONS secretarySECURITY ofPROGRAM--GENERAL stateRESPONSIBILITIES.-- shallA. maintain an a t m m 21 elections security program [within the bureau of elections].
d r e 22 The program shall have the general responsibility of advising c e s k 23 the secretary of state,state countyshall clerksmaintain andan theelections votingsecurity systemprogram e[within a n b 24 certification committee regarding voting system and u [ cybersecurity requirements and ensuring their implementation .229621.2 - 6 - and shall be the primarybureau liaisonof workingelections with]. federal oversight and intelligence agencies regarding elections-critical infrastructure.
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 and shall be the primary liaison working with federal oversight and intelligence agencies regarding elections-critical infrastructure.
h C.
The elections security program shall monitor the u » r functionality of voting systems certified for use in the state t h g e l i to ensure compliance with the security requirements provided h r i s for in Chapter 1, Article 9 NMSA 1978 and administrative rules h , e h adopted pursuant to that article.
t u g e b l e e , gh D.
Documents and communications related to election n d d i = = o h security or that could put elections-critical infrastructure at l ] b ,d i a º r risk are exempt from disclosure.
e r = t e w d m a n o E.
As used in this section, "elections-critical e t 17 infrastructure" means those assets, systems and networks, w l n d 18 whether physical or virtual, that are considered so vital to = = 19 a l elections in this state that their infiltration, incapacitation i a e r 20 or destruction would have a debilitating effect on the a t m m: 21 administration of elections, the secrecy of the ballot and the d r e 22 efficient reporting of accurate results for any election c e s k 23 conducted pursuant to the Election Code." e a n b 24 SECTION 5.
Sectionb 1-7-2r NMSAe 1978t (beingº Lawso 1969,t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 7 - e a n e d r e l u [ ChapterA 240,d Sectioninfrastructure" 145,means asthose amended)assets, issystems amendedand networks, whether physical or virtual, that are considered so vital to read: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.
.229621.2Section -1-7-2 7NMSA -1978 "1-7-2.(being Laws 1969, Chapter 240, Section 145, as amended) is amended to read:
"1-7-2.
Uniform rules shall be adopted throughout the state by the county organizations of that party, where a county organization h exists, and shall be filed with the county clerks.
At the same u » r time the rules are filed with the secretary of state, the t h g e l i governing body of the political party shall also file with the h r i s secretary of state a petition containing the hand-printed h , e h names, signatures, addresses of registration and counties of t u g e b l e e , gh residence of at least one-half of one percent of the total n d d i = = o h votes cast for the office of governor at the preceding general l ] b ,d i a º r election who declare by their signatures on the petition that e r = t e w d m a n o they are voters of New Mexico and that they desire the party to ed tm 17: be a qualified political party in New Mexico.
Blankb petitionr we lt nº do 18t formsn shall= be.229621.2AIC availableFebruary at12, any2025 time(9:24pm) froms thek secretarym ofe =- =8 19- e a n e d r e l state.u [ A d be a qualified political party in New Mexico.
iBlank apetition eforms rshall 20be B.available at any time from the secretary of state.
EachB. county political party organization may a t m m 21 adopt supplementary rules insofar as they do not conflict with d r e 22 the uniform state rules or do not abridge the lawful political c e s k 23 rights of any person.
SuchEach supplementarycounty rulespolitical shallparty beorganization filedmay eadopt asupplementary nrules binsofar 24as withthey thedo countynot clerkconflict andwith the secretaryuniform of state inrules theor samedo unot [abridge mannerthe aslawful otherpolitical rulesrights areof filed.any person.
.229621.2Such -supplementary 8rules -shall C.be filed with the county clerk and the secretary of state in the same manner as other rules are filed.
AC. 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.
NoA laterqualified thanpolitical Marchparty 15shall ofcease anto odd-be numberedqualified year,for the secretarypurposes of statethe shallElection sendCode noticeif two successive general elections are held without at least one of nonqualificationthe toparty's candidates on the stateballot chairor if the total votes cast for the party's candidates for governor or president of anythe politicalUnited partyStates, provided that failsthe party has a candidate seeking election to remaineither qualified.of these offices, in a general election do h not equal at least one-half of one percent of the total votes u » r cast for the office of governor or president of the United t h g e l i States, as applicable.
TheNo noticelater shallthan beMarch delivered15 byof registeredan mailodd- toh ther lasti knowns addressnumbered ofyear, the secretary of state chairshall send notice of h , e h nonqualification to the politicalstate party,chair andof aany copypolitical shallparty bethat keptt inu theg secretarye ofb state'sl filee ofe parties, qualifiedgh infails Newto Mexico.remain qualified.
The notice shall be delivered by n d d i = = o h registered mail to the last known address of the state chair of l ] b ,d i a º r the political party, and a copy shall be kept in the secretary e r = t 17e D.w d m a n o of state's file of parties qualified in New Mexico.
The secretary of state shall then notify all w l n d 18m county: clerks of the removal and nonqualification of the = = 19 a l political party and shall post the notice on the [web site] i a e r 20 website maintained by the secretary of state.
Theb secretaryr ofe a t mº mo 21t staten shall= within.229621.2AIC forty-fiveFebruary days12, notify2025 by(9:24pm) mails allk votersm d r e 22- registered9 as- memberse ofa suchn partye ofd ther removal and c e sl ku 23[ nonqualificationA ofd theD. party.
eThe asecretary nof bstate 24shall E.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.
ToThe requalify,secretary theof partystate shall againwithin complyforty-five withdays unotify [by themail provisionsall ofvoters theregistered Electionas Codemembers dealingof withsuch filingparty .229621.2of -the 9removal -and requirementsnonqualification forof politicalthe parties.party.
E.
To requalify, the party shall again comply with the provisions of the Election Code dealing with filing requirements for political parties.
The secure internet application shall provide for the ability to verify that a h person signing the petition is an eligible voter." g o t hr SECTION 6.
Section 1-8-6 NMSA 1978 (being Laws 1969, g e i k Chapter 240, Section 156, as amended) is amended to read:
h r i s "1-8-6.
VACANCY ON PRIMARY BALLOT.--Regardless of the h , t, cause, no vacancy on the primary election ballot occurring e u g e b l e e h after the period for filing a declaration of candidacy [or the n d d i = = o h date of filing with the secretary of state a certificate of l ] b ,d i a º e designation by state convention, whichever the case may be] shallr bei filled."= er t 17e SECTIONw 7.d m a n o shall be filled." d m :
Sectionb 1-8-7e NMSAd 1978s (beingº Lawso 1969,t wn l= n.229621.2AIC dFebruary 1812, Chapter2025 240,(9:24pm) Sections 157,k asm amended)e is- amended10 to- read:e a n e d r e l u [ A d SECTION 7.
=Section =1-8-7 19NMSA a1978 l(being "1-8-7.Laws 1969, Chapter 240, Section 157, as amended) is amended to read:
VACANCY"1-8-7. ON GENERAL ELECTION BALLOT--DEATH OF i a e r 20 CANDIDATE OR RESIGNATION OR DEATH OF OFFICE HOLDER BEFORE a t m m 21 PRIMARY.-- d r e 22 A.
VacanciesVACANCY onON theGENERAL generalELECTION electionBALLOT--DEATH ballotOF mayCANDIDATE beOR cRESIGNATION eOR sDEATH kOF 23OFFICE filledHOLDER asBEFORE providedPRIMARY.-- inA. Subsection B of this section if after a e a n b 24 primary election there is no nominee of a major political party u [ for a public office to be filled in the general election and if .229621.2 - 10 - the vacancy was caused by:
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 the vacancy was caused by:
or h (3) the resignation or death of a person u » r holding a public office after the last Friday before the first t h g e l i Tuesday in March, when such office was not included in the h r i s general election proclamation and is required by law to be h , e h filled at the next succeeding general election after the t u g e b l e e , gh vacancy is created.
n d d i = = o h B.
The vacancy may be filled subsequent to the l ] b ,d i a º r primary election by the central committee of the state or e r = t e w d m a n o county political party, as the case may be, as provided by ed tm 17: Subsection A of Section 1-8-8 NMSA 1978.
wb lr e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 11 - e a n e d 18r C.e l u [ A d Subsection A of Section 1-8-8 NMSA 1978.
AppointmentsC. to fill vacancies in the list of a = = 19 a l party's nominees for the general election ballot shall be made i a e r 20 and filed with the proper filing officer on the twenty-third a t m m 21 day after the primary election using the form prescribed by the d r e 22 secretary of state, along with the declaration of candidacy c e s k 23 form subscribed and sworn by the selected nominee and the e a n b 24 required form for candidates pursuant to the Campaign Reporting u [ Act.
.229621.2Appointments -to 11fill -vacancies D.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.
D.
PRIMARY AND GENERAL ELECTION--CONTENTS OF PROCLAMATION.--The general election proclamation calling a h primary and general election shall contain:
u » r A.
the names of the major political parties t h g e l i participating in the primary election;
h r i s B.
the offices to be elected at the general h , e h election and for which each political party shall nominate t u g e b l e e , gh candidates;
provided that if any law is enacted by the n d d i = = o h legislature in the year in which the primary election is held l ] b ,d i a º r and the law does not take effect until after the date to amend thee proclamationr but= priort to the date to fill vacancies e t 17 pursuant to Section 1-8-7 or 1-8-8 NMSA 1978, the secretary of w l n d 18m statea shalln conformo the proclamation tobut theprior intentto of the lawdate = = 19 a l with respect to thefill officesvacancies ford whichm each: political party i a e r 20 shall nominate candidates;
ab r e t mº o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m 21e C.- 12 - e a n e d r e l u [ A d 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;
theC. date on which declarations of candidacy and d r e 22 nominating petitions for United States representative, any c e s k 23 office voted upon by all the voters of the state, a legislative e a n b 24 office, the office of district judge, district attorney, public u [ education commission or magistrate shall be filed and the .229621.2 - 12 - 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;
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 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;
the date on and place at which declarations of candidacy shall be filed for any other office and filing fees h paid or, in lieu thereof, a nominating petition;
u » r [E.
the final date on and place at which candidates t h g e l i for the office of United States representative and for any h r i s statewide office seeking preprimary convention designation by h , e h the major parties shall file petitions and declarations of t u g e b l e e , gh candidacy;
n d d i = = o h F.
the final date on which the major political l ] b ,d i a º r parties shall hold state preprimary conventions for the e r = t e w d m a n o designation of candidates;
ed tm 17: G.
theb finalr datee ont andº placeo att whichn w= l.229621.2AIC nFebruary d12, 182025 certificates(9:24pm) ofs designationk ofm primarye election- candidates13 =- =e 19 a ln shalle bed filedr bye politicall partiesu with[ theA secretaryd ofG. i a e r 20 state;
athe tfinal mdate mon 21and H.]place E.at which certificates of designation of primary election candidates shall be filed by political parties with the secretary of state;
theH.] dateE. on which declarations of candidacy d r e 22 for minor party candidates shall be filed and the places where c e s k 23 the declarations of candidacy shall be filed in order to have e a n b 24 the minor party candidate names printed on the official ballot u [ of the general election;
.229621.2the -date 13on -which [I.]declarations F.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;
[I.] F.
the date on which declarations of candidacy for nonpartisan judicial retention shall be filed and the h places where the declarations of candidacy shall be filed in g o t hr order to have the judicial retention names printed on the g e i k official ballot of the general election;
and h r i s [K.] H.
the date on which declarations to be a h , t, write-in candidate are to be filed and the places where the e u g e b l e e h declarations of candidacy shall be filed in order to have n d d i = = o h write-in votes counted and canvassed at the political party l ] b ,d i a º e primary or general election." r i = r t e w d m a n o SECTION 9.
Section 1-8-18 NMSA 1978 (being Laws 1969, ed tm 17: Chapter 240, Section 167, as amended) is amended to read:
wb le d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 14 - e a n e d 18r "1-8-18.e l u [ A d Chapter 240, Section 167, as amended) is amended to read:
PRIMARY"1-8-18. ELECTION LAW--WHO MAY BECOME A = = 19 a l CANDIDATE.-- i a e r 20 A.
NoPRIMARY personELECTION shallLAW--WHO becomeMAY aBECOME candidateA forCANDIDATE.-- aA. t m m 21 nomination by a political party or have the person's name d r e 22 printed on the primary election ballot unless the person's c e s k 23 record of voter registration shows:
eNo aperson nshall bbecome 24a (1)candidate affiliationfor withnomination thatby a political party onor uhave [ the dateperson's ofname printed on the secretaryprimary ofelection state'sballot generalunless electionthe .229621.2person's -record 14of -voter proclamation;registration shows:
and(1) (2)affiliation residencewith inthat thepolitical districtparty of the office for which the person is a candidate on the date of the secretary of state's general election proclamationproclamation; 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.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 h proclamation.
Ag votero mayt challengehr theB. 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].
TheA districtvoter courtmay shallchallenge hearthe andcandidacy renderof a decisionperson ong e i k seeking nomination by a political party for the matterreason that the h r i s person does not meet the requirements of Subsection A of this h , t, section by filing a petition in the district court within ten e u g e b l e e h days after the last day for filing a declaration of thecandidacy petition.n d d i = = o h [or a statement of candidacy for convention designation ].
The decisionl e] tb 17,d ofi thea º e district court mayshall behear appealedand torender a decision on the supremematter courtr wi l= nr t e w d 18m a n o within fiveten days after the decisionfiling isof rendered.the petition.
The supreme = = 19 a l court shall hear and render a decision ond the appeal i a e r 20 forthwith." a t m m: 21 SECTION 10.
Sectionb 1-8-21e NMSAd 1978s (beingº Lawso 1996,t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 15 - e a n e d r e 22l Chapteru 20,[ SectionA 3,d asof amended)the isdistrict amendedcourt may be appealed to read:the supreme court within five days after the decision is rendered.
cThe esupreme scourt kshall 23hear "1-8-21.and render a decision on the appeal forthwith." SECTION 10.
PRIMARYSection ELECTION--METHODS1-8-21 OFNMSA PLACING1978 NAMES(being ONLaws e1996, aChapter n20, bSection 243, PRIMARYas BALLOT.--amended) uis [amended [A.to read:
All"1-8-21. candidates seeking primary election .229621.2 - 15 - nomination to a statewide office or the office of United States representative shall file declarations of candidacy with the proper filing officer.
PRIMARY ELECTION--METHODS OF PLACING NAMES ON PRIMARY BALLOT.-- [A.
All candidates seeking primary election nomination to a statewide office or the office of United States representative shall file declarations of candidacy with the proper filing officer.
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 h Section 1-8-33 NMSA 1978.
g o t hr B.
Except as provided in Subsection C of this g e i k section] A.
Candidates for any [other] state or federal office h r i s listed in the proclamation issued pursuant to Section 1-8-13 h , t, NMSA 1978 shall have their names placed on the primary election e u g e b l e e h ballot by filing declarations of candidacy and nominating n d d i = = o h petitions with the proper filing officer.
[C.]l B.] b ,d i a º e [C.
Candidates] forB. any county office listed in the proclamation issued pursuant to Section 1-8-13 NMSA 1978 e t 17 shall have their names placed on the primary election ballot by w l n d 18 filing declarations of candidacy and paying a fifty-dollar = = 19 a l ($50.00) filing fee or filing a nominating petition containing i a e r 20 no fewer than ten signatures for offices elected by district or a t m m 21 twenty signatures for offices elected countywide at the time of d r e 22 filing declarations of candidacy with the proper filing c e s k 23 officer." e a n b 24 SECTION 11.
SectionCandidates 1-8-26for NMSAany 1978county (beingoffice Lawslisted 1975,in ur [i Chapter= 295,r Sectiont 12,e asw amended)d ism amendeda n o the proclamation issued pursuant to read:Section 1-8-13 NMSA 1978 d m :
.229621.2b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 16 - "1-8-26.e a n e d r e l u [ A d 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:
"1-8-26.
h B.
Declarations of candidacy for any other office u » r to be nominated in the primary election shall be filed with the t h g e l i proper filing officer on the second Tuesday of March of each h r i s even-numbered year between the hours of 9:00 a.m.
h , e h [C.
Certificates of designation shall be submitted t u g e b l e e , gh to the secretary of state on the first Tuesday following the n d d i = = o h preprimary convention at which the candidate's designation took l ] b ,d i a º r place between the hours of 9:00 a.m.
e r = t e w d m a n o D.] C.
No name shall be placed on the ballot until e t 17 the person has been notified in writing by the proper filing w l n d 18 officer that the certificate of registration on file, the = = 19 a l declaration of candidacy and the petition, if required, are in i a e r 20 proper order and that the person, based on those documents, is a t m m: 21 qualified to be a candidate.
Theb properr filinge officert shallº o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 17 - e a n e d r e 22l mailu [ A d the noticeperson [nohas laterbeen thannotified 5:00in p.m.]writing by the proper filing officer that the certificate of registration on file, the Tuesdaydeclaration cof ecandidacy sand kthe 23petition, followingif required, are in proper order and that the filingperson, date.based on those documents, is qualified to be a candidate.
eThe aproper nfiling bofficer 24shall [E.]mail D.the notice [no later than 5:00 p.m.
If] aon person is notified by the properTuesday ufollowing [ filing officer that the person is not qualified to be a .229621.2 - 17 - candidate, the person may challenge that decision by filing adate. petition with the district court within ten days of the notification.
[E.] D.
If a person is notified by the proper filing officer that the person is not qualified to be a candidate, the person may challenge that decision by filing a petition with the district court within ten days of the notification.
The supreme court shall hear and render a decision h on the appeal forthwith." g o t hr SECTION 12.
Section 1-8-27 NMSA 1978 (being Laws 1969, g e i k Chapter 240, Section 172, as amended) is amended to read:
h r i s "1-8-27.
PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY-- h , t, MANNER OF FILING.--Each declaration of candidacy [by nominating e u g e b l e e h petition or by preprimary convention designation] shall be n d d i = = o h delivered for filing in person by the candidate therein named l ] b ,d i a º e or by a person acting, by virtue of written authorization on a r i = r t e w d m a n o form prescribed by the secretary of state, solely on the ed tm 17: candidate's behalf.
Theb propere filingd officers shallº noto acceptt w l n d 18 for filing more than one declaration of candidacy from any one = =.229621.2AIC 19February a12, l2025 individual(9:24pm) [excepts thatk candidatesm whoe seek- but18 fail- to receive i a e r 20 preprimary convention designation shall file a declarationn ofe a t m m 21 candidacy by nomination, according to provisions of the Primary d r e 22l Electionu Law,[ toA haved theircandidate's namesbehalf. placed on the primary c e s k 23 election ballot]." e a n b 24 SECTION 13.
SectionThe 1-8-29proper NMSAfiling 1978officer (beingshall Lawsnot 1973,accept ufor [filing Chaptermore 228,than Sectionone 3,declaration asof amended)candidacy isfrom amendedany one individual [except that candidates who seek but fail to read: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.
.229621.2Section -1-8-29 18NMSA -1978 "1-8-29.(being Laws 1973, Chapter 228, Section 3, as amended) is amended to read:
"1-8-29.
"DECLARATION OF CANDIDACY [BY PRE-PRIMARY CONVENTION DESIGNATION h (OR BY NOMINATING PETITION)] u » r I, ____________________, (candidate's name on certificate t h g e l i of registration) being first duly sworn, say that I reside at h r i s ___________________, as shown by my certificate of registration h , e h as a voter of Precinct No.
__________ of the county of t u g e b l e e , gh _______________, State of New Mexico;
n d d i = = o h I am a member of the ____________________ party as shown l ] b ,d i a º r by my certificate of registration and I have not changed such partye affiliationr subsequent= tot thee secretaryw ofd state'sm ea tn 17o generalparty electionaffiliation proclamationsubsequent callingto the primarysecretary inof whichstate's I w l n d 18m seek: to be a candidate;
=b =r 19e at lº Io desiret ton become= a.229621.2AIC candidateFebruary for12, the2025 office(9:24pm) ofs ik am e r- 2019 ______________________- ate the primary election to be held on a tn me md 21r thee datel setu by[ lawA for this year, and that I actually reside d rgeneral eelection 22proclamation atcalling the addressprimary designatedin onwhich myI certificateseek ofto voterbe ca ecandidate; s k 23 registration;
eI desire to become a ncandidate bfor 24the Ioffice willof be______________________ eligibleat andthe legallyprimary qualifiedelection to holdbe held on the date set by law for this uyear, [and officethat I actually reside at the beginningaddress designated on my certificate of itsvoter term;registration;
.229621.2I -will 19be -eligible Ifand alegally candidatequalified forto anyhold office for which a nominating petition is required, I am submitting with this statementoffice aat nominating petition in the formbeginning andof mannerits asterm; prescribed by the Primary Election Law;
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;
h _______________________________ u » r (Declarant) t h g e l i _______________________________ h r i s (Mailing Address) h , e h _______________________________ t u g e b l e e , gh (Residence Address) n d d i = = o h Subscribed and sworn to before me this ____ day of ___, 20__.
_________________________l (Notary] Public)b ,d i a º r _________________________ e r = t 17e Myw commissiond expires:m a n o (Notary Public) d m :
wb lr ne dt 18º _________________________"."o =t n = 19.229621.2AIC February 12, 2025 (9:24pm) s k m e - 20 - e a n e d r e l SECTIONu 14.[ A d My commission expires:
Section_________________________"." 1-8-33SECTION NMSA14. 1978 (being Laws 1973, i a e r 20 Chapter 228, Section 7, as amended) is amended to read:
aSection t1-8-33 mNMSA m1978 21(being "1-8-33.Laws 1973, Chapter 228, Section 7, as amended) is amended to read:
PRIMARY"1-8-33. ELECTION LAW--NOMINATING PETITION-- d r e 22 NUMBER OF SIGNATURES REQUIRED.-- c e s k 23 A.
AsPRIMARY usedELECTION inLAW--NOMINATING thisPETITION-- section,NUMBER "totalOF vote"SIGNATURES meansREQUIRED.-- theA. e a n b 24 sum of all votes cast for all of the party's candidates for u [ governor at the last preceding primary election at which the .229621.2 - 20 - party's candidate for governor was nominated.
[B.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 party's candidate for governor was nominated.
SRCº [B.
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 h of voters, whichever is greater:
for statewide offices, two g o t hr hundred thirty voters;
and for congressional candidates, g e i k seventy-seven voters.»SRC h r i s SRCºB.
Candidates who seek SRCºpreprimary h , t, e u g convention designation»SRC SRCºstatewide office or the e b l e e h office of United States representative»SRC shall file n d d i = = o h nominating petitions at the time of filing declarations of l ] b ,d i a º e r i = r candidacy.
Nominating petitions for those candidates shall be t e w d m a n o signed by a number of voters equal to at least two percent of d m :
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 21 - e a n e d r e l u [ A d the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater:
and for congressional candidates, seventy-seven voters.voters.»SRC SRCºC.]»SRC SRCºB.»SRC SRCºC.»SRC Nominating petitions for candidates for SRCº[any other]»SRC SRCºany other»SRC SRCºan»SRC 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:
C.](1) B.for the public education commission, two percent of the total vote of the candidate's party in the district;
Nominating petitions for candidatesjudicial forcandidates, [anytwo other]percent anof office to be voted on at the primarytotal electionvote for which nominating petitions are required shall be signed by a number of votersthe equalcandidate's toparty atin least the greaterdistrict of:or division;
(1)and for theall publicother educationcandidates, commission,three two percent of the total vote of the candidate's party in the e t 17 district;
foror judicialh candidates,(2) twofor percentmetropolitan ofcourt theand totalmagistrate wu l» nr dcourts, 18ten votevoters; of the candidate's party in the district or division;
and = = 19 a l for allthe otherpublic candidates,education threecommission, percentt ofh theg totale votel of i atwenty-five evoters; r 20 the candidate's party in the district;
or a t m m 21 (2) for metropolitan court and magistrate d r e 22 courts, ten voters;
for the public education commission, c e s k 23 twenty-five voters;
for eh ar ni bs 24 state senator, seventeen voters;
and for district attorney and uh [, e h district judge, fifteen voters.
.229621.2t -u 21g -e b l e e , gh [D.
A candidate who fails to receive the preprimary n d d i = = o h convention designation that the candidate sought may collect l ] b ,d i a º r additional signatures to total at least four percent of the totale voter of= thet candidate'se partyw ind them statea orn congressionalo district,total whichevervote applies to the office the candidate seeks, and file a new declaration of candidacy and nominating petitions for the officecandidate's forparty whichin the candidatestate failedor tod receivem a: preprimary designation.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 22 - e a n e d r e l u [ A d 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.
e t 17 "1-8-39.1.
DECLARATION OF [PREPRIMARY DESIGNATION]DESIGNATION w] l n d 18 CANDIDACY FOR PRIMARY--CERTIFICATIONPRIMARY --CERTIFICATION BY SECRETARY OF STATE.-- = = 19 a l A.
Not later than six days after the [dates][dates ] first i a e r 20 Tuesday in February of each even-numbered year, the date for ah t m m 21 filing declarations of candidacy, [by preprimary convention dg ro et 22hr designation] the secretary of state shall certify to the cg e si k 23 [chairman] chair of each state political party the names of eh ar ni bs 24 that party's candidates for office of United States uh [, t, representative or for other statewide office who have filed .229621.2e -u 22g -e b l e e h their declarations of candidacy [by convention designation]designation ] and n d d i = = o h have otherwise complied with the requirements of the Primary l ] b ,d i a º e Election Law.
r i = r t e w d m a n o B.
No person shall be placed in nomination [at the convention]d unlessm [he]: the person has been certified by the secretary of state." SECTION 16.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 23 - e a n e d r e l u [ A d convention] unless [he] the person has been certified by the secretary of state." SECTION 16.
PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY-- FALSE STATEMENT.--Any person knowingly making a false statement in [his][his ] the person's declaration of candidacy [by nominating petition or by preprimary convention designation] is guilty of a fourth degree felony." SECTION 17.
BALLOTS--NAME TO BE PRINTED--ORDER OF NAMES-- e t 17 SIMILAR NAMES--NAMES NOT TO BE PRINTED.-- w l n d 18 A.
In the preparation of ballots for a statewide = = 19 a l election, the candidate's name shall be printed on the ballot i a e r 20 as it appears on the candidate's certificate of registration ah t m m 21 that is on file in the county clerk's office on the day the dg ro et 22hr secretary of state issues the proclamation for that election;
cg e si k 23 provided that:
eh ar ni bs 24 (1) the last name printed on the ballot shall uh [, t, match the candidate's legal last name;
.229621.2e -u 23g -e b l e e h (2) academic, honorific and elected titles n d d i = = o h shall not be printed;
l ] b ,d i a º e (3) periods after initials shall not be r i = r t e w d m a n o printed;
(4)d punctuationm common: to names, other than a period, shall be printed as it appears on the candidate's certificate of registration;
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 24 - e a n e d r e l u [ A d (4) punctuation common to names, other than a period, shall be printed as it appears on the candidate's certificate of registration;
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 e t 17 differentiated on the ballot in accordance with rules adopted w l n d 18 by the secretary of state.
= = 19 a l D.
A candidate's name shall not be printed on the i a e r 20 ballot if at least seventy days before a general election, ah t m m 21 sixty-three days before a primary election or regular local dg ro et 22hr election or seven days after the filing day for declarations of cg e si k 23 candidacy for any other election:
eh ar ni bs 24 (1) the candidate files with the proper filing uh [, t, officer a signed and notarized statement of withdrawal as a .229621.2e -u 24g -e b l e e h candidate in that election;
n d d i = = o h (2) a judicial determination is made that the l ] b ,d i a º e candidate does not qualify to be a candidate for the office r i = r t e w d m a n o sought;
(3)d them 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;
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 25 - e a n e d r e l u [ A d (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;
a space for entering the name of the write-in e t 17 candidate shall be clearly designated by the use of the heading w"[Declared l] n d 18 "[Declared] Write-in [Candidate]" after the listing of other = = 19 a l candidates for that office;
and i a e r 20 B.
the write-in candidate's name shall not be pre- ah t m m 21 printed on the ballot, nor displayed or otherwise provided in dg ro et 22hr any polling place by any election official or member of an cg e si k 23 election board." eh ar ni bs 24 SECTION 19.
Section 1-11-4.1 NMSA 1978 (being Laws 2023, uh [, t, Chapter 39, Section 61) is amended to read:
.229621.2e -u 25g -e b l e e h "1-11-4.1.
VOTER NOTIFICATION.-- n d d i = = o h A.
At least forty-two days prior to each statewide l ] b ,d i a º e election, the secretary of state, on behalf of each county r i = r t e w d m a n o clerk, shall mail a voter notification of the election to eligibled voters.m :
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 26 - e a n e d r e l u [ A d eligible voters.
At least forty-nine days prior to each special e t 17 election, the county clerk shall mail a voter notification of w l n d 18 the election.
= = 19 a l (1) the date and purpose of the election;
i a e r 20 (2) notification that the election will be ah t m m 21 conducted by mail and that no polling places will be available dg ro et 22hr for the special election;
cg e si k 23 (3) the deadline for voted mailed ballots to eh ar ni bs 24 be received by the county clerk and the recommended deadline to uh [, t, deposit the voted mailed ballot with the United States postal .229621.2e -u 26g -e b l e e h service for return by mail, which shall be seven days before n d d i = = o h the election;
l ] b ,d i a º e (4) the address and the telephone number of r i = r t e w d m a n o the county clerk's office for a voter requiring a replacement ballotd orm returning: a mailed ballot;
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 27 - e a n e d r e l u [ A d ballot or returning a mailed ballot;
(3) ballot is delivered pursuant to the e t 17 provisions of the Intimate Partner Violence Survivor Suffrage w l n d 18 Act;
or = = 19 a l (4) ballot, in a statewide election, is i a e r 20 delivered pursuant to the provisions of Section 1-6-22.1 NMSA ah t m m 21 1978." dg ro et 22hr SECTION 20.
Section 1-12-8 NMSA 1978 (being Laws 1969, cg e si k 23 Chapter 240, Section 247, as amended) is amended to read:
eh ar ni bs 24 "1-12-8.
CONDUCT OF ELECTION--PROVISIONAL VOTING.-- uh [, t, A.
A person shall be permitted to vote on a .229621.2e -u 27g -e b l e e h provisional paper ballot even though the person's original n d d i = = o h certificate of registration cannot be found in the county l ] b ,d i a º e register or even if the person's name does not appear on the r i = r t e w d m a n o signature roster;
provided that:that :
(1)d them person's: residence is within the boundaries of the county in which the person offers to vote;
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 28 - e a n e d r e l u [ A d (1) the person's residence is within the boundaries of the county in which the person offers to vote;
(1) has not previously voted in a general e t 17 election in New Mexico or has been purged from the voter list;
w l n d 18 (2) registered to vote by mail;
= = 19 a l (3) did not submit the physical form of the i a e r 20 required voter identification with the certificate of ah t m m 21 registration form;
and dg ro et 22hr (4) does not present to the election judge a cg e si k 23 physical form of the required voter identification.
eh ar ni bs 24 C.
A voter shall vote on a provisional paper ballot uh [, t, in accordance with the provisions of Section 1-12-7.1 NMSA 1978 .229621.2e -u 28g -e b l e e h if the voter does not provide the required voter identification n d d i = = o h to the election judge.
l ] b ,d i a º e D.
A judge or election clerk shall have the voter signr thei signature= rosterr andt issuee thew voterd m a provisionaln papero ballotsign for the precinctsignature ofroster theand addressissue provided by the voter,voter ana outerprovisional enveloped andm an: official inner envelope.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 29 - e a n e d r e l u [ A d paper ballot for the precinct of the address provided by the voter, an outer envelope and an official inner envelope.
Knowingly executing a false statement constitutes perjury as provided in the Criminal Code, and e t 17 voting on the basis of such falsely executed statement w l n d 18 constitutes fraudulent voting." = = 19 a l SECTION 21.
Section 1-12-25.4 NMSA 1978 (being Laws 2003, i a e r 20 Chapter 356, Section 7, as amended) is amended to read:
ah t m m 21 "1-12-25.4.
PROVISIONAL PAPER BALLOTS--DISPOSITION.-- dg ro et 22hr A.
Upon closing of the polls, provisional paper cg e si k 23 ballots shall be delivered to the county clerk, who shall eh ar ni bs 24 determine if the ballots will be counted prior to certification uh [, t, of the election.
.229621.2e -u 29g -e b l e e h B.
A provisional paper ballot shall not be counted n d d i = = o h if the registered voter did not sign either the signature l ] b ,d i a º e roster or the ballot's envelope.
r i = r t e w d m a n o C.
If there is no record of the voter ever having beend registeredm 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.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 30 - e a n e d r e l u [ A d 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.
If the county clerk determines that the e t 17 cancellation was not in error, the voter shall be offered the w l n d 18 opportunity to register at the voter's correct address, and the = = 19 a l provisional paper ballot shall not be counted.
i a e r 20 F.
If the voter is a registered voter in the county ah t m m 21 but has voted on a provisional paper ballot other than the du » r e 22 ballot of the voter's correct precinct, the county canvassing ct eh sg ke 23l i board shall ensure that only those votes for the positions or eh ar ni bs 24 measures for which the voter was eligible to vote are counted.
uh [, e h G.
If the county clerk finds that the voter who .229621.2t -u 30g -e b l e e , gh voted on a provisional paper ballot at the polls has also voted n d d i = = o h an absentee ballot in that election, the provisional paper l ] b ,d i a º r ballot shall not be counted.
e r = t e w d m a n o H.
The county clerk shall maintain a provisional ballotd registerm that: shall be in the same form and made available in the same manner as the absentee ballot register and the mailed ballot register.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 31 - e a n e d r e l u [ A d 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.
e t 17 I.
The secretary of state shall issue rules to w l n d 18 ensure securing the secrecy of the provisional paper ballots, = = 19 a l especially during canvassing, reviewing or recounting, and i a e r 20 protecting against fraud in the voting process." ah t m m 21 SECTION 22.
Section 1-14-24 NMSA 1978 (being Laws 2008, du r» er 22 Chapter 41, Section 1, as amended) is amended to read:
ct eh sg ke 23l i "1-14-24.
AUTOMATIC RECOUNTS--PROCEDURES.-- eh ar ni bs 24 A.
An automatic recount of the vote is required uh [, e h when the canvass of returns indicates that the margin between .229621.2t -u 31g -e b l e e , gh the two candidates receiving the greatest number of votes for n d d i = = o h an office, the margin between those supporting and those l ] b ,d i a º r opposing a ballot question or the margin affecting the outcome e r = t e w d m a n o of a nonpartisan judicial retention election is less than:
(1)d one-fourthm percent: of the total votes cast in that election:
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 32 - e a n e d r e l u [ A d (1) one-fourth percent of the total votes cast in that election:
(a) for [that office in the case of a e t 17 public education commissioner, district attorney or any office w l n d 18 elected countywide in a county with more than one hundred fifty = = 19 a l thousand registered voters] any other office;
i a e r 20 (b) on a ballot question in the case of ah t m m 21 a local ballot question;
or dg ro et 22hr (c) on a nonpartisan judicial retention cg e si k 23 election in the case of a district court or the metropolitan eh ar ni bs 24 court [or uh [, t, (3) one percent of the total votes cast in .229621.2e -u 32g -e b l e e h that election or five or fewer votes between the two candidates n d d i = = o h receiving the greatest number of votes for that office in the l ] b ,d i a º e case of any other office].
r i = r t e w d m a n o B.
In a statewide election and for an office for whichd ballotsm 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.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 33 - e a n e d r e l u [ A d 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.
Automatic recounts shall be conducted pursuant e t 17 to the recount procedures established in Sections 1-14-16 and w l n d 18 1-14-18 through 1-14-23 NMSA 1978." = = 19 a l SECTION 23.
A new section of the Presidential Primary i a e r 20 Act, Section 1-15A-12 NMSA 1978, is enacted to read:
ah t m m 21 "1-15A-12.
[NEW MATERIAL]MATERIAL ] CERTIFICATION OF CANDIDATES FOR du » r e 22 A GENERAL ELECTION.--Following the results of its national ct eh sg ke 23l i party convention, any qualified political party in New Mexico eh ar ni bs 24 desiring to have candidates for president and vice president on uh [, e h the general election ballot in a presidential election year .229621.2t -u 33g -e b l e e , gh shall certify in writing to the secretary of state the party's n d d i = = o h candidates for president and vice president seventy days before l ] b ,d i a º r a general election." e r = t e w d m a n o SECTION 24.
A new section of the Presidential Primary Act,d Sectionm 1-15A-13: NMSA 1978, is enacted to read:
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 34 - e a n e d r e l u [ A d Act, Section 1-15A-13 NMSA 1978, is enacted to read:
[NEW MATERIAL]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.
[NEW MATERIAL]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 e t 17 political party for president or vice president, the qualified w l n d 18 political party or the candidate's political committee shall = = 19 a l inform the secretary of state in writing.
i a e r 20 B.
Appointments to fill vacancies in the list of a ah t m m 21 party's nominees shall be made and filed with the secretary of dg ro et 22hr state on or before the seventieth day prior to a general cg e si k 23 election using the form prescribed by the secretary of state." eh ar ni bs 24 SECTION 26.
Section 1-19-26 NMSA 1978 (being Laws 1979, uh [, t, Chapter 360, Section 2, as amended) is amended to read:
.229621.2e -u 34g -e b l e e h "1-19-26.
DEFINITIONS.--As used in the Campaign Reporting n d d i = = o h Act:
l ] b ,d i a º e A.
"advertisement" means a communication referring tor ai candidate= orr ballott questione thatw isd published,m disseminated,a distributedn oro displayed to thea publiccandidate by print, broadcast, satellite, cable or electronicballot media,question includingthat recordedis phonepublished, messages,d orm by: printed materials, including mailers, handbills, signs and billboards, but "advertisement" does not include:
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 35 - e a n e d r e l u [ A d 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:
(3) a candidate debate or forum or a e t 17 communication announcing a candidate debate or forum paid for w l n d 18 on behalf of the debate or forum sponsor;
provided that two or = = 19 a l more candidates for the same position have been invited to i a e r 20 participate or, in the case of an uncontested election, that ah t m m 21 the single candidate for the position has been invited to du r» er 22 participate;
ct eh sg ke 23l i (4) nonpartisan voter guides allowed by the eh ar ni bs 24 federal Internal Revenue Code of 1986, as amended, for Section uh [, e h 501(c)(3) organizations;
or .229621.2t -u 35g -e b l e e , gh (5) statements made to a court or n d d i = = o h administrative board in the course of a formal judicial or l ] b ,d i a º r administrative proceeding;
e r = t e w d m a n o B.
"anonymous contribution" means a contribution thed contributorm of: which is unknown to the candidate or the candidate's agent or the political committee or its agent who accepts the contribution;
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 36 - e a n e d r e l u [ A d 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;
"bank account" means an account in a financial e t 17 institution regulated by the United States or a state of the w l n d 18 United States;
= = 19 a l F.
"campaign committee" means an association of two i a e r 20 or more persons authorized by a candidate to act on the ah t m m 21 candidate's behalf for the purpose of electing the candidate to du r» er 22 office;
provided that a candidate shall not authorize more than ct eh sg ke 23l i one campaign committee;
eh ar ni bs 24 G.
"campaign expenditure" means an expenditure that uh [, e h is made by a campaign committee or by a candidate in support of .229621.2t -u 36g -e b l e e , gh the candidate's campaign in an election;
n d d i = = o h H.
"candidate" means an individual who seeks or l ] b ,d i a º r considers an office in an election covered by the Campaign Reportinge Act,r including= at publice official,w whod hasm filed a declarationn ofo candidacyReporting andAct, hasincluding nota subsequentlypublic official, who has filed a statementd ofm withdrawal: or:
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 37 - e a n e d r e l u [ A d declaration of candidacy and has not subsequently filed a statement of withdrawal or:
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 e t 17 than three thousand dollars ($3,000) for the purpose of seeking w l n d 18 election to the office or for candidacy exploration purposes in = = 19 a l the years prior to the year of the election;
i a e r 20 I.
ah t m m 21 (1) means a gift, subscription, loan, advance du » r e 22 or deposit of money or other thing of value, including the ct eh sg ke 23l i estimated value of an in-kind contribution, that is made or eh ar ni bs 24 received for a political purpose, including payment of a debt uh [, e h incurred in an election campaign;
.229621.2t -u 37g -e b l e e , gh (2) includes a coordinated expenditure;
n d d i = = o h (3) does not include the value of services l ] b ,d i a º r provided without compensation or unreimbursed travel or other personale expensesr of= individualst whoe volunteerw ad portionm or all of their time on behalf of a candidaten oro politicalpersonal committee nor does it include the administrative or solicitation expenses of aindividuals politicalwho committeevolunteer thata areportion paidor byall and organizationm that: sponsors the committee;
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 38 - e a n e d r e l u [ A d 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;
(2) at the request or suggestion of, or in e t 17 cooperation, consultation or concert with, a candidate, w l n d 18 campaign committee or political party or any agent or = = 19 a l representative of a candidate, campaign committee or political i a e r 20 party;
and ah t m m 21 (3) for the purpose of:
dg ro et 22hr (a) supporting or opposing the cg e si k 23 nomination or election of a candidate;
or eh ar ni bs 24 (b) paying for an advertisement that uh [, t, refers to a clearly identified candidate and is published and .229621.2e -u 38g -e b l e e h disseminated to the relevant electorate in New Mexico within n d d i = = o h thirty days before the primary election or sixty days before l ] b ,d i a º e the general election in which the candidate is on the ballot;
r i = r t e w d m a n o K.
"deliver" or "delivery" means to deliver by certifiedd orm registered: mail, telecopier, electronic transmission or facsimile or by personal service;
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 39 - e a n e d r e l u [ A d certified or registered mail, telecopier, electronic transmission or facsimile or by personal service;
"election" means any primary, general or e t 17 statewide special election in New Mexico and includes county w l n d 18 and judicial retention elections but excludes federal, = = 19 a l municipal, school board and special district elections;
i a e r 20 O.
"election year" means an even-numbered year in ah t m m 21 which an election covered by the Campaign Reporting Act is du r» er 22 held;
ct eh sg ke 23l i P.
"expenditure" means a payment, transfer or eh ar ni bs 24 distribution or obligation or promise to pay, transfer or uh [, e h distribute any money or other thing of value for a political .229621.2t -u 39g -e b l e e , gh purpose, including payment of a debt incurred in an election n d d i = = o h campaign [or pre-primary convention];convention ];
l ] b ,d i a º r Q.
"independent expenditure" means an expenditure e r = t e w d m a n o that is:
(1)d madem by: a person other than a candidate or campaign committee;
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 40 - e a n e d r e l u [ A d (1) made by a person other than a candidate or campaign committee;
or (c) refers to a clearly identified e t 17 candidate or ballot question and is published and disseminated w l n d 18 to the relevant electorate in New Mexico within thirty days = = 19 a l before the primary election or sixty days before the general i a e r 20 election at which the candidate or ballot question is on the ah t m m 21 ballot;
dg ro et 22hr R.
"legislative caucus committee" means a political cg e si k 23 committee established by the members of a political party in a eh ar ni bs 24 chamber of the legislature;
uh [, t, S.
"materially deceptive media" means an image, .229621.2e -u 40g -e b l e e h video or audio that:
n d d i = = o h (1) depicts an individual engaged in conduct l ] b ,d i a º e or speech in which the depicted individual did not engage;
(2)r wasi published,= disseminated,r distributedt ore displayedw tod them publica withoutn theo consent(2) ofwas thepublished, depicteddisseminated, individual;distributed d m :
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 41 - e a n e d r e l u [ A d or displayed to the public without the consent of the depicted individual;
or e t 17 (4) an association that consists of two or w l n d 18 more persons whose primary purpose is to make independent = = 19 a l expenditures and that has received more than five thousand i a e r 20 dollars ($5,000) in contributions or made independent ah t m m 21 expenditures of more than five thousand dollars ($5,000) in the dg ro et 22hr election cycle;
cg e si k 23 V.
"political party" means an association that has eh ar ni bs 24 qualified as a political party pursuant to the provisions of uh [, t, Section 1-7-2 NMSA 1978;
.229621.2e -u 41g -e b l e e h W.
"political purpose" means for the purpose of n d d i = = o h supporting or opposing a ballot question or the nomination or l ] b ,d i a º e election of a candidate;
r i = r t e w d m a n o X.
"prescribed form" means a form or electronic formatd preparedm and: prescribed by the secretary of state;
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 42 - e a n e d r e l u [ A d format prepared and prescribed by the secretary of state;
"applicant candidate" means a candidate who is e t 17 running for a covered office and who is seeking to be a w l n d 18 certified candidate in a primary or general election;
= = 19 a l B.
"certified candidate" means a candidate running i a e r 20 for a covered office who chooses to obtain financing pursuant ah t m m 21 to the Voter Action Act and is certified as a Voter Action Act dg ro et 22hr candidate;
cg e si k 23 C.
"contested" means there are more candidates for eh ar ni bs 24 a position than the number to be elected to that position;
uh [, t, D.
"contribution" means a gift, subscription, loan, .229621.2e -u 42g -e b l e e h advance or deposit of money or other thing of value, including n d d i = = o h the estimated value of an in-kind contribution, that is made or l ] b ,d i a º e received for the purpose of supporting or opposing the nominationr fori election= orr electiont ofe aw candidated form public office, including payment of a debtn incurredo innomination anfor election campaignor andelection alsoof including a coordinatedcandidate expenditure,for butpublic "contribution"d doesm not: include:
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 43 - e a n e d r e l u [ A d office, including payment of a debt incurred in an election campaign and also including a coordinated expenditure, but "contribution" does not include:
"coordinated expenditure" means an expenditure e t 17 that is made:
w l n d 18 (1) by a person other than a candidate or = = 19 a l campaign committee;
i a e r 20 (2) at the request or suggestion of, or in ah t m m 21 cooperation, consultation or concert with, a candidate, dg ro et 22hr campaign committee or political party or any agent or cg e si k 23 representative of such a candidate, campaign committee or eh ar ni bs 24 political party;
and uh [, t, (3) for the purpose of:
.229621.2e -u 43g -e b l e e h (a) supporting or opposing the n d d i = = o h nomination or election of a candidate;
or (b)l paying] forb an,d advertisementi thata refersº toe a(b) clearlypaying identifiedfor candidatean andadvertisement that isr publishedi and= disseminatedr tot thee relevantw electorated inm Newa Mexicon withino thirtyrefers daysto beforea theclearly primaryidentified electioncandidate orand sixtythat days before the general election in which the candidate is onpublished thed ballot;m :
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 44 - e a n e d r e l u [ A d 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;
e t 17 I.
"qualifying contribution" means a donation of w l n d 18 five dollars ($5.00) in the form of cash, a check, a money = = 19 a l order or an electronic form of payment, as prescribed by the i a e r 20 secretary, and payable to the fund in support of an applicant ah t m m 21 candidate that is:
du » r e 22 (1) made by a voter who is eligible to vote ct eh sg ke 23l i for the covered office that the applicant candidate is seeking;
eh ar ni bs 24 (2) made during the designated qualifying uh [, e h period and obtained through efforts made with the knowledge and .229621.2t -u 44g -e b l e e , gh approval of the applicant candidate;
and n d d i = = o h (3) acknowledged by a receipt that identifies l ] b ,d i a º r the contributor's name and residential address on forms providede byr the= bureaut ofe electionsw andd thatm isa signedn o provided by the contributor,bureau oneof copyelections ofand whichthat is attachedsigned toby the listd ofm contributors: and sent to the bureau of elections;
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 45 - e a n e d r e l u [ A d contributor, one copy of which is attached to the list of contributors and sent to the bureau of elections;
[and][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 e t 17 the office for which the candidate is running;
and w l n d 18 (3) for candidates appointed when there is a = = 19 a l vacancy on the general election ballot pursuant to Section i a e r 20 1-8-7 NMSA 1978, the period beginning on the twenty-fourth day ah t m m 21 following the primary election and ending sixty days after;
and dg ro et 22hr K.
"secretary" means the secretary of state or the cg e si k 23 office of the secretary of state." eh ar ni bs 24 SECTION 28.
Section 1-19A-3 NMSA 1978 (being Laws 2003, uh [, t, Chapter 14, Section 3, as amended) is amended to read:
.229621.2e -u 45g -e b l e e h "1-19A-3.
TERMS OF PARTICIPATION--DECLARATION OF n d d i = = o h INTENT.-- l ] b ,d i a º e A.
A person choosing to obtain financing pursuant tor thei Voter= Actionr Actt shalle firstw filed withm the secretary a declarationn ofo intent to participatethe inVoter thatAction actAct asshall anfirst applicantfile candidatewith forthe secretary a statedd coveredm office.:
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 46 - e a n e d r e l u [ A d declaration of intent to participate in that act as an applicant candidate for a stated covered office.
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 e t 17 the secretary.
w l n d 18 C.
Except as provided in Subsection D of this = = 19 a l section, a person shall not be eligible to become an applicant i a e r 20 candidate if the person has accepted contributions totaling ah t m m 21 more than one hundred dollars ($100) from any one contributor du » r e 22 during the election cycle in which the person is running for ct eh sg ke 23l i office.
eh ar ni bs 24 D.
A person who has accepted contributions of more uh [, e h than one hundred dollars ($100) from any one contributor during .229621.2t -u 46g -e b l e e , gh the election cycle in which the person decides to run for a n d d i = = o h covered office is still eligible to become an applicant l ] b ,d i a º r candidate if:
(1)e ther contributions= weret fore aw candidacyd form an office other than a coveredn officeo and(1) nothe moneycontributions waswere raised for ora expendedcandidacy on any campaign-related activity for ad coveredm office: during the time those contributions were made;
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 47 - e a n e d r e l u [ A d 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;
(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 e t 17 any money into or out of that account for the duration of the w l n d 18 person's campaign for a covered office;
and = = 19 a l (4) the person agrees that, if elected to the i a e r 20 covered office, the person will transfer all money in the ah t m m 21 campaign account to the fund.
du r» er 22 E.
After submitting a declaration of intent, a ct eh sg ke 23l i person shall not withdraw that declaration and submit another eh ar ni bs 24 declaration of intent for a different covered office in the uh [, e h same primary and general election cycle." .229621.2t -u 47g -e b l e e , gh SECTION 29.
Section 1-19A-7 NMSA 1978 (being Laws 2003, n d d i = = o h Chapter 14, Section 7, as amended) is amended to read:
l ] b ,d i a º r "1-19A-7.
GUIDELINES AND RESTRICTIONS FOR CONTRIBUTIONS e r = t e w d m a n o TO AND EXPENDITURES OF CERTIFIED CANDIDATES.-- A.d m :
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 48 - e a n e d r e l u [ A d A.
(3) a contribution to the campaign of another e t 17 candidate or to a political party or political committee or to w l n d 18 a campaign supporting or opposing a ballot proposition;
= = 19 a l (4) an expenditure supporting the election of i a e r 20 another candidate or the passage or defeat of a ballot ah t m m 21 proposition or the defeat of any candidate other than an dg ro et 22hr opponent of the certified candidate;
provided that a certified cg e si k 23 candidate may purchase joint advertisements or services with eh ar ni bs 24 other certified candidates;
uh [, t, (5) payment of a fine levied by a court or the .229621.2e -u 48g -e b l e e h secretary;
or n d d i = = o h (6) a gift or transfer for which compensating l ] b ,d i a º e value is not received.
r i = r t e w d m a n o C.
A certified candidate shall return to the fund anyd amountm 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.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 49 - e a n e d r e l u [ A d 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.
e t 17 E.
A certified candidate [who does not remain a w l n d 18 candidate in the general election] shall, within thirty days = = 19 a l after the primary election, transfer to the secretary for i a e r 20 deposit in the fund any amount received from the fund, from a ah t m m 21 political party pursuant to Section 1-19A-8 NMSA 1978 or from du » r e 22 private contributors pursuant to Section 1-19A-4.1 NMSA 1978 ct eh sg ke 23l i that remains unspent or unencumbered by the date of the primary eh ar ni bs 24 election.
uh [, e h F.
A certified candidate shall, within thirty days .229621.2t -u 49g -e b l e e , gh after the general election, transfer to the secretary for n d d i = = o h deposit in the fund any amount received from the fund, from a l ] b ,d i a º r political party pursuant to Section 1-19A-8 NMSA 1978 or from privatee contributorsr pursuant= tot Sectione 1-19A-4.1w NMSAd 1978m thata remainsn unspento orprivate unencumberedcontributors bypursuant theto dateSection of1-19A-4.1 theNMSA general1978 election.d m :
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 50 - e a n e d r e l u [ A d that remains unspent or unencumbered by the date of the general election.
A new section of the Voter Action Act is e t 17 enacted to read:
w l n d 18 "[NEW MATERIAL]MATERIAL ] CREATION OF NEW ELIGIBLE OFFICES-- = = 19 a l NOTIFICATION.--Upon creation of a new covered office, the i a e r 20 legislature shall notify the secretary in writing." ah t m m 21 SECTION 31.
Section 1-22-3 NMSA 1978 (being Laws 2018, dg ro et 22hr Chapter 79, Section 18, as amended) is amended to read:
cg e si k 23 "1-22-3.
REGULAR LOCAL ELECTIONS--SPECIAL LOCAL eh ar ni bs 24 ELECTIONS--BALLOT QUESTIONS--QUALIFICATIONS OF CANDIDATES.-- uh [, t, A.
A regular local election shall be held on the .229621.2e -u 50g -e b l e e h first Tuesday after the first Monday in November of each odd- n d d i = = o h numbered year.
A regular local election shall be held to elect l ] b ,d i a º e qualified persons to membership on a local governing body and r i = r t e w d m a n o [where applicable]applicable ] to elective municipal executive office and tod municipalm judicial: office.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 51 - e a n e d r e l u [ A d to municipal judicial office.
e t 17 C.
A local government may propose a ballot question w l n d 18 to be considered by the voters of the local government:
= = 19 a l (1) at a regular local election or a general i a e r 20 election as provided by Subsection B of Section 1-16-3 NMSA ah t m m 21 1978;
or du » r e 22 (2) at a special local election called, ct eh sg ke 23l i conducted and canvassed as provided in the Special Election eh ar ni bs 24 Act.
uh [, e h D.
Except as otherwise provided in the Local .229621.2t -u 51g -e b l e e , gh Election Act, local elections shall be called, conducted and n d d i = = o h canvassed as provided in the Election Code." l ] b ,d i a º r SECTION 32.
Section 1-24-3 NMSA 1978 (being Laws 2019, e r = t e w d m a n o Chapter 212, Section 156, as amended) is amended to read:
"1-24-3.d m :
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 52 - e a n e d r e l u [ A d "1-24-3.
(1) who was sent a notice pursuant to e t 17 Subsection C of Section 1-4-28 NMSA 1978 and who has not w l n d 18 returned the prepaid and pre-addressed return card sent = = 19 a l pursuant to that section and has not filed a new certificate of i a e r 20 registration with a new address;
ah t m m 21 (2) whose voter notification pursuant to dg ro et 22hr Section 1-11-4.1 NMSA 1978 or official election-related mail cg e si k 23 sent through a uniform, nondiscriminatory process was returned eh ar ni bs 24 to the county clerk or the secretary of state as undeliverable uh [, t, and the voter has not communicated with the county clerk that .229621.2e -u 52g -e b l e e h the official voter notification or election-related mail was n d d i = = o h returned as undeliverable in error or filed a certificate of l ] b ,d i a º e registration with a new address;
or r i = r t e w d m a n o (3) whose ballot is delivered pursuant to the provisionsd ofm the: Intimate Partner Violence Survivor Suffrage Act.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 53 - e a n e d r e l u [ A d provisions of the Intimate Partner Violence Survivor Suffrage Act.
The notice shall include contact e t 17 information for the office of the county clerk and an internet w l n d 18 address where the voter may update the voter's address or = = 19 a l communicate with the county clerk.
The mailed ballot register i a e r 20 shall note which voters were sent a notice pursuant to this ah t m m 21 subsection.
du r» er 22 D.
Between the twenty-seventh and twenty-fifth day ct eh sg ke 23l i before the election, pursuant to Subsection B of this section, eh ar ni bs 24 the county clerk shall send to each voter a ballot for the uh [, e h special election, along with a postage-paid return envelope, a .229621.2t -u 53g -e b l e e , gh notice that there will be no traditional polling places for the n d d i = = o h election, the recommended deadline to deposit the voted mailed l ] b ,d i a º r ballot with the United States postal service for return by e r = t e w d m a n o mail, the deadline for the ballot to be received by the county clerkd andm a: list of the times and locations of monitored secured containers available in the county.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 54 - e a n e d r e l u [ A d clerk and a list of the times and locations of monitored secured containers available in the county.
When required by federal law, if the voter has on file with the county a valid certificate of registration e t 17 that indicates that the voter is a new registrant in the state w l n d 18 and who registered by mail without submitting the required = = 19 a l documentary identification, the county clerk shall notify the i a e r 20 voter that the voter must submit with the mailed ballot the ah t m m 21 required documentary identification from the list in Paragraph du r» er 22 (3) of Subsection I of Section 1-4-5.1 NMSA 1978.
The county ct eh sg ke 23l i clerk shall note on the mailed ballot register and signature eh ar ni bs 24 roster that the applicant's mailed ballot must be returned with uh [, e h the required documentary identification.
.229621.2t -u 54g -e b l e e , gh G.
Special elections called by counties or local n d d i = = o h public bodies, and any automatic recounts associated with those l ] b ,d i a º r elections, shall be canvassed in accordance with the county e r = t e w d m a n o canvassing provisions in Article 13 of the Election Code.
Upon certificationd bym the: county canvassing board, the county clerk shall forward a copy of the board's certification to the secretary of state." SECTION 33.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 55 - e a n e d r e l u [ A d 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.
"[NEW MATERIAL]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 e t 17 impacted elections.
w l n d 18 B.
A county clerk shall notify the secretary of = = 19 a l state in writing of any natural disasters impacting election i a e r 20 operations.
As soon as possible following the issuance of an ah t m m 21 executive order declaring an emergency:
dg ro et 22hr (1) the county clerk shall identify the number cg e si k 23 of polling places that are functional and the number of polling eh ar ni bs 24 places that are no longer functional.
If a polling place is uh [, t, destroyed, inaccessible or unsafe, efforts should be made to .229621.2e -u 55g -e b l e e h work with federal, state and local emergency management n d d i = = o h agencies to permit the orderly establishment of a new polling l ] b ,d i a º e place.
An alternate emergency location shall be designated by r i = r t e w d m a n o the county clerk and authorized by the secretary of state and shalld meetm the: requirements for voter convenience centers in Section 1-3-4 NMSA 1978.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 56 - e a n e d r e l u [ A d shall meet the requirements for voter convenience centers in Section 1-3-4 NMSA 1978.
Any delays, closures of secured monitored containers or additional changes to the ability of voters to receive or return a mailed ballot shall be e t 17 posted as soon as practicable on the county clerk's website w l n d 18 with information on how voters may participate in the election;
= = 19 a l and i a e r 20 (3) any contingency plans involving ah t m m 21 elimination or consolidation of a polling place or du » r e 22 establishment of an alternative voting or mobile voting unit ct eh sg ke 23l i within an Indian nation, tribe or pueblo shall occur pursuant eh ar ni bs 24 to Section 1-21A-9 NMSA 1978.
uh [, e h C.
Nothing in this section shall be interpreted as .229621.2t -u 56g -e b l e e , gh extending or as an extension of the time period for an n d d i = = o h election." l ] b ,d i a º r SRCº SECTION 34.
REPEAL.--SectionsTEMPORARY 1-8-21.1,PROVISION.-- 1-8-42,e 1-12-7.1r and= 1-22-3.1t NMSAe 1978w (beingd Lawsm 1993,a Chaptern 55,o SectionA. 11, Laws 1973, Chapter 228, Section 12, Laws 1969, Chapter 240, Section 112 and Laws 2018, Chapter 79, Section 34, as amended) are repealed.
-The 57term -of 10an 12elected 14municipal 16officer ethat twas 17 w l n d 18 = = 19 a l i a e r 20 a t m m: 21 d r e 22 c e s k 23 e a n b 24 u [ .229621.2
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 57 - e a n e d r e l u [ A d set to expire in 2026 pursuant to the municipal officer election in effect before the effective date of this act shall expire on December 31, 2027, and that officer's successor shall be elected in the regular local election held on the first Tuesday after the first Monday of November 2027 for a term beginning on January 1, 2028.
B.
The term of an elected municipal officer that was set to expire in 2028 pursuant to the municipal officer election in effect before the effective date of this act shall expire on December 31, 2029, and that officer's successor shall be elected in the regular local election held on the first Tuesday after the first Monday of November 2029 for a term beginning on January 1, 2030.»SRC SRCºSECTION 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, h Chapter 240, Section 112 and Laws 2018, Chapter 79, Section 34, u » r t h as amended) are repealed.»SRC g e l i SRCºSECTION 35.
REPEAL.--Sections 1-8-21.1, 1-8-42 and h r i s 1-12-7.1 NMSA 1978 (being Laws 1993, Chapter 55, Section 11, h , e h t u g Laws 1973, Chapter 228, Section 12 and Laws 1969, Chapter 240, e b l e e , gh Section 112, as amended) are repealed.
n d d i = = o h l ] b ,d SECTION 36.
DELAYED REPEAL.--Section 1-22-3.1 NMSA 1978 i a º r e r = (being Laws 2018, Chapter 79, Section 34, as amended) is t e w d m a n o d m :
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 58 - e a n e d r e l u [ A d repealed effective November 5, 2025.»SRC - 59 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k em e e a n e d r e l u [ A d
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Action History
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action postponed indefinitely
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DO PASS, as amended, committee report adopted
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Sent to Senate Rules Committee & Senate Judiciary Committee
Sponsors
- Heather Berghmans · Primary
- Katy Duhigg · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on
Sponsors (2)
- Heather Berghmans Democrat
- Katy Duhigg Democrat
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"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.
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- SB 218 is sponsored by Heather Berghmans (Democrat) and Katy Duhigg (Democrat).
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- This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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