New Mexico 2025 Regular Session Status: In Committee 2 D cosponsors

SB 218 — ELECTION CHANGES

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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 removed

Plain-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.

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SENATE BILL 218 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Katy M.
SENATE BILL 218 57TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Katy M.
Duhigg and Heather Berghmans 6 8 10 AN ACT RELATING TO ELECTION ADMINISTRATION;
Duhigg and Heather Berghmans This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AMENDING THE ELECTION CODE;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
PROVIDING A PROCESS FOR ELECTION ADMINISTRATIVE STAFF HOME ADDRESS CONFIDENTIALITY;
h AN ACT g o RELATING TO ELECTION ADMINISTRATION;
REQUIRING COUNTY CLERKS TO PARTICIPATE IN A CERTIFICATION PROGRAM ADMINISTERED BY THE SECRETARY OF STATE AND TO RECEIVE CERTIFICATION;
AMENDING THE ELECTION t hr g e i k CODE;
PROVIDING ELECTION DAY PROCEDURES FOR NEWLY APPOINTED ELECTION BOARD e t 17 MEMBERS;
PROVIDING A PROCESS FOR ELECTION ADMINISTRATIVE STAFF h r i s 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 w l n d 18 THE ELECTIONS SECURITY PROGRAM FROM THE BUREAU OF ELECTIONS OF = = 19 a l THE OFFICE OF THE SECRETARY OF STATE;
REMOVING r i = r t e w d m a n o THE ELECTIONS SECURITY PROGRAM FROM THE BUREAU OF ELECTIONS OF d m :
AMENDING THE PRIMARY i a e r 20 ELECTION LAW;
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e e a n e d r e l u [ A d THE OFFICE OF THE SECRETARY OF STATE;
REQUIRING THE SECRETARY OF STATE 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;
AMENDING THE PRIMARY ELECTION LAW;
PROVIDING BALLOT c e s k 23 PROCEDURES;
REQUIRING THE SECRETARY OF STATE TO IMPLEMENT A SECURE INTERNET APPLICATION TO GATHER ELECTRONIC SIGNATURES FOR THE QUALIFICATION OF POLITICAL PARTIES;
REQUIRING VOTER NOTIFICATIONS TO BE SENT TO e a n b 24 ELIGIBLE VOTERS;
PROVIDING BALLOT PROCEDURES;
AMENDING THE CIRCUMSTANCES IN WHICH AN u [ AUTOMATIC RECOUNT IS REQUIRED;
REQUIRING VOTER NOTIFICATIONS TO BE SENT TO ELIGIBLE VOTERS;
PROVIDING A PROCEDURE FOR .229621.2 QUALIFIED POLITICAL PARTIES TO PLACE A CANDIDATE FOR PRESIDENT OR VICE PRESIDENT ON THE GENERAL ELECTION BALLOT;
AMENDING THE CIRCUMSTANCES IN WHICH AN AUTOMATIC RECOUNT IS REQUIRED;
PROVIDING A PROCEDURE FOR QUALIFIED POLITICAL PARTIES TO PLACE A CANDIDATE FOR PRESIDENT OR VICE PRESIDENT ON THE GENERAL ELECTION BALLOT;
REPEALING A SECTION RELATING TO MUNICIPAL ELECTION PROCEDURES;
SRCº REPEALING A SECTION RELATING TO MUNICIPAL ELECTION PROCEDURES;»SRC AMENDING THE SPECIAL h ELECTION ACT;
AMENDING THE SPECIAL ELECTION ACT;
PROVIDING PROCEDURES FOR SPECIAL ELECTIONS CALLED u » r BY COUNTIES OR LOCAL PUBLIC BODIES;
PROVIDING PROCEDURES FOR SPECIAL ELECTIONS CALLED BY COUNTIES OR LOCAL PUBLIC BODIES;
PROVIDING PROCEDURES FOR t h g e l i EMERGENCY ELECTIONS;
PROVIDING PROCEDURES FOR EMERGENCY ELECTIONS;
ELIMINATING PRE-PRIMARY CONVENTION h r i s DESIGNATIONS;
ELIMINATING PRE-PRIMARY CONVENTION DESIGNATIONS;
AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
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.
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
l ] 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:
e t 17 SECTION 1.
d m :
Section 1-1-27.1 NMSA 1978 (being Laws 2023, w l n d 18 Chapter 39, Section 1) is amended to read:
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 2 - e a n e d r e l u [ A d SECTION 1.
= = 19 a l "1-1-27.1.
Section 1-1-27.1 NMSA 1978 (being Laws 2023, Chapter 39, Section 1) is amended to read:
PUBLIC OFFICIAL AND ELECTION ADMINISTRATIVE i a e r 20 STAFF HOME ADDRESS CONFIDENTIALITY [RULEMAKING].-- a t m m 21 A.
"1-1-27.1.
The secretary of state shall promulgate rules to d r e 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.
PUBLIC OFFICIAL AND ELECTION ADMINISTRATIVE STAFF HOME ADDRESS CONFIDENTIALITY [RULEMAKING].-- A.
A home address designated .229621.2 - 2 - 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.
The secretary of state shall promulgate rules to allow an elected or appointed public official to designate as confidential the public official's home address as stated in election- and financial-related disclosures filed with the secretary of state or county clerks.
A home address designated 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 notarized affidavit that unredacted copies are being requested for the purposes of a challenge brought pursuant to the Election Code or a judicial proceeding and that any address designated as confidential shall not be used for any other purpose.
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.
B.
t u g e b l B.
Nonelected and appointed employees of a county clerk or the secretary of state may designate a confidential home address that shall not be disclosed on voter lists and file maintenance lists.
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 e t 17 form prescribed by the secretary of state.
The designation shall be made on a m a n o d m :
w l n d 18 C.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 3 - e a n e d r e l u [ A d form prescribed by the secretary of state.
For 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.
C.
Section 1-2-5 NMSA 1978 (being Laws 1969, e a n b 24 Chapter 240, Section 26, as amended) is amended to read:
For the purposes of this section, "public official" means a person elected or appointed to a federal, state, county or local office or a candidate thereof or a person appointed to a federal, state, county or local government position." SECTION 2.
u [ "1-2-5.
Section 1-2-5 NMSA 1978 (being Laws 1969, Chapter 240, Section 26, as amended) is amended to read:
SECRETARY OF STATE--ELECTION SEMINARS-- .229621.2 - 3 - CERTIFICATION PROGRAM.-- A.
"1-2-5.
In carrying out [his] the duties of the secretary of state under the Election Code, the secretary of state shall, once before [each and] every statewide election, cause to be organized and conducted at convenient places and times in this state seminars on the administration of the Election Code.
SECRETARY OF STATE--ELECTION SEMINARS-- CERTIFICATION PROGRAM .-- A.
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The secretary of state shall send written notice of the seminar to each county clerk setting forth the time and place of the seminar.
In carrying out [his] the duties of the secretary of state under the Election Code, the secretary of state shall, once before [each and ] every statewide election, cause to be organized and conducted at convenient places and times in this state seminars on the administration of the Election Code.
Each county clerk, one of [his] the county clerk's designated deputies and one voting machine technician shall attend the seminar.
The secretary of state shall send written h notice of the seminar to each county clerk setting forth the g o t hr time and place of the seminar.
Per diem and mileage shall be paid out of the funds appropriated to the secretary of state.
Each county clerk, one of [his ] g e i k the county clerk's designated deputies and one 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.
The secretary of state shall conduct a certification program for county clerks and shall require each county clerk to receive certification within twelve months of e t 17 an initial appointment, election or reelection.
n d d i = = o h B.
w l n d 18 C.
The 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 m :
The secretary of state shall review the = = 19 a l certification program every four years, upon passage of new i a e r 20 election laws or more often as appropriate.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 4 - e a n e d r e l u [ A d an initial appointment, election or reelection.
a t m m 21 D.
C.
By July 2026, all county clerks shall complete d r e 22 initial participation in the certification program." c e s k 23 SECTION 3.
The secretary of state shall review the certification program every four years, upon passage of new election laws or more often as appropriate.
Section 1-2-12 NMSA 1978 (being Laws 1969, e a n b 24 Chapter 240, Section 32, as amended) is amended to read:
D.
u [ "1-2-12.
By July 2026, all county clerks shall complete initial participation in the certification program." SECTION 3.
ELECTION BOARD--POSITIONS ON EACH BOARD.-- .229621.2 - 4 - A.
Section 1-2-12 NMSA 1978 (being Laws 1969, Chapter 240, Section 32, as amended) is amended to read:
"1-2-12.
ELECTION BOARD--POSITIONS ON EACH BOARD.-- A.
The county clerk shall appoint presiding judges and election judges so that not more than two of the three judges belong to the same political party at the time of their appointment;
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;
(1) a judge of an election board shall not have changed party registration in the two years next preceding the judge's appointment in such a manner that the judge's prior party registration would make the judge ineligible to serve on the assigned election board;
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) a judge of an election board shall not continue to serve on an election board if the judge changes e t 17 party registration after the date of appointment in such a w l n d 18 manner to make the judge ineligible to serve on the assigned = = 19 a l election board.
and l ] b ,d i a º e (2) a judge of an election board shall not r i = r t e w d m a n o continue to serve on an election board if the judge changes d m :
i a e r 20 C.
b 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 e 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.
The 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;
C.
c e s k 23 provided that each team shall consist of two election judges e a n b 24 and that each election judge on a team shall not belong to the u [ same political party as any other election judge on the team at .229621.2 - 5 - the time of the appointment;
The county clerk may appoint teams of election judges under the supervision of one or more presiding judges for absent voter precincts, recounts and special elections;
provided that each team shall consist of two election judges and that each election judge on a team shall not belong to the same political party as any other election judge on the team at the time of the appointment;
The county clerk may appoint election clerks to an election board as necessary to assist the presiding judge and election judges if the county clerk determines that additional election board members are needed.
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.
E.
t h g e l i E.
County clerk employees may be assigned by the county clerk to provide support to an election board or polling location.
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.
F.
t u g e b l e e , gh F.
In the event a newly appointed election board member must report directly to a polling location on election day, the presiding judge shall administer the oath of office." SECTION 4.
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, e t 17 Chapter 39, Section 8) is amended to read:
Section 1-2-34 NMSA 1978 (being Laws 2023, d m :
w l n d 18 "1-2-34.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 6 - e a n e d r e l u [ A d Chapter 39, Section 8) is amended to read:
ELECTIONS SECURITY PROGRAM--GENERAL = = 19 a l RESPONSIBILITIES.-- i a e r 20 A.
"1-2-34.
The secretary of state shall maintain an a t m m 21 elections security program [within the bureau of elections].
ELECTIONS SECURITY PROGRAM--GENERAL RESPONSIBILITIES.-- A.
d r e 22 The program shall have the general responsibility of advising c e s k 23 the secretary of state, county clerks and the voting system e a n b 24 certification committee regarding voting system and u [ cybersecurity requirements and ensuring their implementation .229621.2 - 6 - and shall be the primary liaison working with federal oversight and intelligence agencies regarding elections-critical infrastructure.
The secretary of state shall maintain an elections security program [within the bureau of elections ].
The program shall have the general responsibility of advising the secretary of state, county clerks and the voting system certification committee regarding voting system and cybersecurity requirements and ensuring their implementation and shall be the primary liaison working with federal oversight and intelligence agencies regarding elections-critical infrastructure.
C.
h C.
The elections security program shall monitor the functionality of voting systems certified for use in the state to ensure compliance with the security requirements provided for in Chapter 1, Article 9 NMSA 1978 and administrative rules adopted pursuant to that article.
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.
D.
t u g e b l e e , gh D.
Documents and communications related to election security or that could put elections-critical infrastructure at risk are exempt from disclosure.
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.
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.
As used in this section, "elections-critical d m :
Section 1-7-2 NMSA 1978 (being Laws 1969, u [ Chapter 240, Section 145, as amended) is amended to read:
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 7 - e a n e d r e l u [ A d infrastructure" means those assets, systems and networks, whether physical or virtual, that are considered so vital to elections in this state that their infiltration, incapacitation or destruction would have a debilitating effect on the administration of elections, the secrecy of the ballot and the efficient reporting of accurate results for any election conducted pursuant to the Election Code." SECTION 5.
.229621.2 - 7 - "1-7-2.
Section 1-7-2 NMSA 1978 (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 exists, and shall be filed with the county clerks.
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 time the rules are filed with the secretary of state, the governing body of the political party shall also file with the secretary of state a petition containing the hand-printed names, signatures, addresses of registration and counties of residence of at least one-half of one percent of the total votes cast for the office of governor at the preceding general election who declare by their signatures on the petition that they are voters of New Mexico and that they desire the party to e t 17 be a qualified political party in New Mexico.
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 d m :
Blank petition w l n d 18 forms shall be available at any time from the secretary of = = 19 a l state.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 8 - e a n e d r e l u [ A d be a qualified political party in New Mexico.
i a e r 20 B.
Blank petition forms shall be available at any time from the secretary of state.
Each 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.
B.
Such supplementary rules shall be filed e a n b 24 with the county clerk and the secretary of state in the same u [ manner as other rules are filed.
Each county political party organization may adopt supplementary rules insofar as they do not conflict with the uniform state rules or do not abridge the lawful political rights of any person.
.229621.2 - 8 - C.
Such supplementary rules shall be filed with the county clerk and the secretary of state in the same manner as other rules are filed.
A qualified political party shall cease to be qualified for the purposes of the Election Code if two successive general elections are held without at least one of the party's candidates on the ballot or if the total votes cast for the party's candidates for governor or president of the United States, provided that the party has a candidate seeking election to either of these offices, in a general election do not equal at least one-half of one percent of the total votes cast for the office of governor or president of the United States, as applicable.
C.
No later than March 15 of an odd- numbered year, the secretary of state shall send notice of nonqualification to the state chair of any political party that fails to remain qualified.
A qualified political party shall cease to be qualified for the purposes of the Election Code if two successive general elections are held without at least one of the party's candidates on the ballot or if the total votes cast for the party's candidates for governor or president of the United States, provided that the party has a candidate seeking election to either of these offices, in a general election do 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.
The notice shall be delivered by registered mail to the last known address of the state chair of the political party, and a copy shall be kept in the secretary of state's file of parties qualified in New Mexico.
No later than March 15 of an odd- h r i s numbered year, the secretary of state shall send notice of h , e h nonqualification to the state chair of any political party that t u g e b l e e , gh fails to remain qualified.
e t 17 D.
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 e 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 18 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.
d m :
The secretary of a t m m 21 state shall within forty-five days notify by mail all voters d r e 22 registered as members of such party of the removal and c e s k 23 nonqualification of the party.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 9 - e a n e d r e l u [ A d D.
e a n b 24 E.
The secretary of state shall then notify all county clerks of the removal and nonqualification of the political party and shall post the notice on the [web site ] website maintained by the secretary of state.
To requalify, the party shall again comply with u [ the provisions of the Election Code dealing with filing .229621.2 - 9 - requirements for political parties.
The secretary of state shall within forty-five days notify by mail all voters registered as members of such party of the removal and nonqualification of the party.
E.
To requalify, the party shall again comply with the provisions of the Election Code dealing with filing requirements for political parties.
The secure internet application shall provide for the ability to verify that a person signing the petition is an eligible voter." SECTION 6.
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, Chapter 240, Section 156, as amended) is amended to read:
Section 1-8-6 NMSA 1978 (being Laws 1969, g e i k Chapter 240, Section 156, as amended) is amended to read:
"1-8-6.
h r i s "1-8-6.
VACANCY ON PRIMARY BALLOT.--Regardless of the cause, no vacancy on the primary election ballot occurring after the period for filing a declaration of candidacy [or the date of filing with the secretary of state a certificate of designation by state convention, whichever the case may be] shall be filled." e t 17 SECTION 7.
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] r i = r t e w d m a n o shall be filled." d m :
Section 1-8-7 NMSA 1978 (being Laws 1969, w l n d 18 Chapter 240, Section 157, as amended) is amended to read:
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 10 - e a n e d r e l u [ A d SECTION 7.
= = 19 a l "1-8-7.
Section 1-8-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 157, as amended) is amended to read:
VACANCY 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.
"1-8-7.
Vacancies on the general election ballot may be c e s k 23 filled as provided in 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:
VACANCY ON GENERAL ELECTION BALLOT--DEATH OF CANDIDATE OR RESIGNATION OR DEATH OF OFFICE HOLDER BEFORE PRIMARY.-- A.
Vacancies on the general election ballot may be filled as provided in Subsection B of this section if after a primary election there is no nominee of a major political party for a public office to be filled in the general election and if the vacancy was caused by:
or (3) the resignation or death of a person holding a public office after the last Friday before the first Tuesday in March, when such office was not included in the general election proclamation and is required by law to be filled at the next succeeding general election after the vacancy is created.
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.
B.
n d d i = = o h B.
The vacancy may be filled subsequent to the primary election by the central committee of the state or county political party, as the case may be, as provided by e t 17 Subsection A of Section 1-8-8 NMSA 1978.
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 d m :
w l n d 18 C.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 11 - e a n e d r e l u [ A d Subsection A of Section 1-8-8 NMSA 1978.
Appointments 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.
C.
.229621.2 - 11 - D.
Appointments to fill vacancies in the list of a party's nominees for the general election ballot shall be made and filed with the proper filing officer on the twenty-third day after the primary election using the form prescribed by the secretary of state, along with the declaration of candidacy form subscribed and sworn by the selected nominee and the required form for candidates pursuant to the Campaign Reporting Act.
D.
PRIMARY AND GENERAL ELECTION--CONTENTS OF PROCLAMATION.--The general election proclamation calling a primary and general election shall contain:
PRIMARY AND GENERAL ELECTION--CONTENTS OF PROCLAMATION.--The general election proclamation calling a h primary and general election shall contain:
A.
u » r A.
the names of the major political parties participating in the primary election;
the names of the major political parties t h g e l i participating in the primary election;
B.
h r i s B.
the offices to be elected at the general election and for which each political party shall nominate candidates;
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 legislature in the year in which the primary election is held and the law does not take effect until after the date to amend the proclamation but prior to the date to fill vacancies e t 17 pursuant to Section 1-8-7 or 1-8-8 NMSA 1978, the secretary of w l n d 18 state shall conform the proclamation to the intent of the law = = 19 a l with respect to the offices for which each political party i a e r 20 shall nominate 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 e r = t e w d m a n o the proclamation but prior to the date to fill vacancies d m :
a t m m 21 C.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 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;
the 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;
C.
the date on which declarations of candidacy and nominating petitions for United States representative, any office voted upon by all the voters of the state, a legislative office, the office of district judge, district attorney, public education commission or magistrate shall be filed and the 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 paid or, in lieu thereof, a nominating petition;
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;
[E.
u » r [E.
the final date on and place at which candidates for the office of United States representative and for any statewide office seeking preprimary convention designation by the major parties shall file petitions and declarations of candidacy;
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;
F.
n d d i = = o h F.
the final date on which the major political parties shall hold state preprimary conventions for the designation of candidates;
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;
e t 17 G.
d m :
the final date on and place at which w l n d 18 certificates of designation of primary election candidates = = 19 a l shall be filed by political parties with the secretary of i a e r 20 state;
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 13 - e a n e d r e l u [ A d G.
a t m m 21 H.] E.
the final date on and place at which certificates of designation of primary election candidates shall be filed by political parties with the secretary of state;
the date 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;
H.] E.
.229621.2 - 13 - [I.] F.
the date on which declarations of candidacy for minor party candidates shall be filed and the places where the declarations of candidacy shall be filed in order to have the minor party candidate names printed on the official ballot of the general election;
[I.] F.
the date on which declarations of candidacy for nonpartisan judicial retention shall be filed and the places where the declarations of candidacy shall be filed in order to have the judicial retention names printed on the official ballot of the general election;
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 [K.] H.
and h r i s [K.] H.
the date on which declarations to be a write-in candidate are to be filed and the places where the declarations of candidacy shall be filed in order to have write-in votes counted and canvassed at the political party primary or general election." SECTION 9.
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, e t 17 Chapter 240, Section 167, as amended) is amended to read:
Section 1-8-18 NMSA 1978 (being Laws 1969, d m :
w l n d 18 "1-8-18.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 14 - e a n e d r e l u [ A d Chapter 240, Section 167, as amended) is amended to read:
PRIMARY ELECTION LAW--WHO MAY BECOME A = = 19 a l CANDIDATE.-- i a e r 20 A.
"1-8-18.
No person shall become a candidate for a 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:
PRIMARY ELECTION LAW--WHO MAY BECOME A CANDIDATE.-- A.
e a n b 24 (1) affiliation with that political party on u [ the date of the secretary of state's general election .229621.2 - 14 - proclamation;
No person shall become a candidate for nomination by a political party or have the person's name printed on the primary election ballot unless the person's record of voter registration shows:
and (2) residence in the district of the office for which the person is a candidate on the date of the secretary of state's general election proclamation or, in the case of a person seeking the office of United States senator or United States representative, residence within New Mexico on the date of the secretary of state's general election proclamation.
(1) affiliation with that political party 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.
A voter may challenge the candidacy of a person seeking nomination by a political party for the reason that the person does not meet the requirements of Subsection A of this section by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy [or a statement of candidacy for convention designation].
g o t hr B.
The district court shall hear and render a decision on the matter within ten days after the filing of the petition.
A voter may challenge the candidacy of a person g e i k seeking nomination by a political party for the reason 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 candidacy n d d i = = o h [or a statement of candidacy for convention designation ].
The decision e t 17 of the district court may be appealed to the supreme court w l n d 18 within five days after the decision is rendered.
The l ] b ,d i a º e district court shall hear and render a decision on the matter r i = r t e w d m a n o within ten days after the filing of the petition.
The supreme = = 19 a l court shall hear and render a decision on the appeal i a e r 20 forthwith." a t m m 21 SECTION 10.
The decision d m :
Section 1-8-21 NMSA 1978 (being Laws 1996, d r e 22 Chapter 20, Section 3, as amended) is amended to read:
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 15 - e a n e d r e l u [ A d of the district court may be appealed to the supreme court within five days after the decision is rendered.
c e s k 23 "1-8-21.
The supreme court shall hear and render a decision on the appeal forthwith." SECTION 10.
PRIMARY ELECTION--METHODS OF PLACING NAMES ON e a n b 24 PRIMARY BALLOT.-- u [ [A.
Section 1-8-21 NMSA 1978 (being Laws 1996, Chapter 20, Section 3, as amended) is amended to read:
All 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.
"1-8-21.
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 Section 1-8-33 NMSA 1978.
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.
B.
g o t hr B.
Except as provided in Subsection C of this section] A.
Except as provided in Subsection C of this g e i k section] A.
Candidates for any [other] state or federal office listed in the proclamation issued pursuant to Section 1-8-13 NMSA 1978 shall have their names placed on the primary election ballot by filing declarations of candidacy and nominating petitions with the proper filing officer.
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.] B.
l ] b ,d i a º e [C.
Candidates for 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.
] B.
Section 1-8-26 NMSA 1978 (being Laws 1975, u [ Chapter 295, Section 12, as amended) is amended to read:
Candidates for any county office listed in r i = r t e w d m a n o the proclamation issued pursuant to Section 1-8-13 NMSA 1978 d m :
.229621.2 - 16 - "1-8-26.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 16 - 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.
B.
h B.
Declarations of candidacy for any other office to be nominated in the primary election shall be filed with the proper filing officer on the second Tuesday of March of each even-numbered year between the hours of 9:00 a.m.
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.
[C.
h , e h [C.
Certificates of designation shall be submitted to the secretary of state on the first Tuesday following the preprimary convention at which the candidate's designation took place between the hours of 9:00 a.m.
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.
D.] C.
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.
No name shall be placed on the ballot until d m :
The proper filing officer shall d r e 22 mail the notice [no later than 5:00 p.m.] on the Tuesday c e s k 23 following the filing date.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 17 - e a n e d r e l u [ A d the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate.
e a n b 24 [E.] D.
The proper filing officer shall mail the notice [no later than 5:00 p.m.
If a person is notified by the proper u [ filing officer that the person is not qualified to be a .229621.2 - 17 - candidate, the person may challenge that decision by filing a petition with the district court within ten days of the notification.
] on the Tuesday following the filing date.
[E.] D.
If a person is notified by the proper filing officer that the person is not qualified to be a 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 on the appeal forthwith." SECTION 12.
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, Chapter 240, Section 172, as amended) is amended to read:
Section 1-8-27 NMSA 1978 (being Laws 1969, g e i k Chapter 240, Section 172, as amended) is amended to read:
"1-8-27.
h r i s "1-8-27.
PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY-- MANNER OF FILING.--Each declaration of candidacy [by nominating petition or by preprimary convention designation] shall be delivered for filing in person by the candidate therein named or by a person acting, by virtue of written authorization on a form prescribed by the secretary of state, solely on the e t 17 candidate's behalf.
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 d m :
The proper filing officer shall not accept w l n d 18 for filing more than one declaration of candidacy from any one = = 19 a l individual [except that candidates who seek but fail to receive i a e r 20 preprimary convention designation shall file a declaration of a t m m 21 candidacy by nomination, according to provisions of the Primary d r e 22 Election Law, to have their names placed on the primary c e s k 23 election ballot]." e a n b 24 SECTION 13.
b e d s º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 18 - e a n e d r e l u [ A d candidate's behalf.
Section 1-8-29 NMSA 1978 (being Laws 1973, u [ Chapter 228, Section 3, as amended) is amended to read:
The proper filing officer shall not accept for filing more than one declaration of candidacy from any one individual [except that candidates who seek but fail to receive preprimary convention designation shall file a declaration of candidacy by nomination, according to provisions of the Primary Election Law, to have their names placed on the primary election ballot]." SECTION 13.
.229621.2 - 18 - "1-8-29.
Section 1-8-29 NMSA 1978 (being Laws 1973, Chapter 228, Section 3, as amended) is amended to read:
"1-8-29.
"DECLARATION OF CANDIDACY [BY PRE-PRIMARY CONVENTION DESIGNATION (OR BY NOMINATING PETITION)] I, ____________________, (candidate's name on certificate of registration) being first duly sworn, say that I reside at ___________________, as shown by my certificate of registration as a voter of Precinct No.
"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 _______________, State of New Mexico;
__________ of the county of t u g e b l e e , gh _______________, State of New Mexico;
I am a member of the ____________________ party as shown by my certificate of registration and I have not changed such party affiliation subsequent to the secretary of state's e t 17 general election proclamation calling the primary in which I w l n d 18 seek to be a candidate;
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 e r = t e w d m a n o party affiliation subsequent to the secretary of state's d m :
= = 19 a l I desire to become a candidate for the office of i a e r 20 ______________________ at the primary election to be held on a t m m 21 the date set by law for this year, and that I actually reside d r e 22 at the address designated on my certificate of voter c e s k 23 registration;
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 19 - e a n e d r e l u [ A d general election proclamation calling the primary in which I seek to be a candidate;
e a n b 24 I will be eligible and legally qualified to hold this u [ office at the beginning of its term;
I desire to become a candidate for the office of ______________________ at the primary election to be held on the date set by law for this year, and that I actually reside at the address designated on my certificate of voter registration;
.229621.2 - 19 - 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;
I will be eligible and legally qualified to hold this office at the beginning of its term;
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;
_______________________________ (Declarant) _______________________________ (Mailing Address) _______________________________ (Residence Address) Subscribed and sworn to before me this ____ day of ___, 20__.
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__.
_________________________ (Notary Public) e t 17 My commission expires:
l ] b ,d i a º r _________________________ e r = t e w d m a n o (Notary Public) d m :
w l n d 18 _________________________"." = = 19 a l SECTION 14.
b r e t º o t n = .229621.2AIC February 12, 2025 (9:24pm) s k m e - 20 - e a n e d r e l u [ A d My commission expires:
Section 1-8-33 NMSA 1978 (being Laws 1973, i a e r 20 Chapter 228, Section 7, as amended) is amended to read:
_________________________"." SECTION 14.
a t m m 21 "1-8-33.
Section 1-8-33 NMSA 1978 (being Laws 1973, Chapter 228, Section 7, as amended) is amended to read:
PRIMARY ELECTION LAW--NOMINATING PETITION-- d r e 22 NUMBER OF SIGNATURES REQUIRED.-- c e s k 23 A.
"1-8-33.
As used in this section, "total vote" means the 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.
PRIMARY ELECTION LAW--NOMINATING PETITION-- NUMBER OF SIGNATURES REQUIRED.-- A.
[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 of voters, whichever is greater:
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.
and for congressional candidates, seventy-seven 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.] B.
(1) for the public education commission, two percent of the total vote of the candidate's party in the district;
Nominating petitions for candidates for [any other] an office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least the greater of:
for judicial candidates, two percent of the total vote of the candidate's party in the district or division;
(1) for the public education commission, two percent of the total vote of the candidate's party in the e t 17 district;
and for all other candidates, three percent of the total vote of the candidate's party in the district;
for judicial candidates, two percent of the total w l n d 18 vote of the candidate's party in the district or division;
or h (2) for metropolitan court and magistrate u » r courts, ten voters;
and = = 19 a l for all other candidates, three percent of the total vote of i a e r 20 the candidate's party in the district;
for the public education commission, t h g e l i twenty-five voters;
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 e a n b 24 state senator, seventeen voters;
for h r i s state senator, seventeen voters;
and for district attorney and u [ district judge, fifteen voters.
and for district attorney and h , e h district judge, fifteen voters.
.229621.2 - 21 - [D.
t u g e b l e e , gh [D.
A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures to total at least four percent of the total vote of the candidate's party in the state or congressional district, whichever applies to the office the candidate seeks, and file a new declaration of candidacy and nominating petitions for the office for which the candidate failed to receive a preprimary designation.
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 e r = t e w d m a n o total vote of the candidate's party in the state or d m :
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.
"1-8-39.1.
DECLARATION OF [PREPRIMARY DESIGNATION] w l n d 18 CANDIDACY FOR PRIMARY--CERTIFICATION BY SECRETARY OF STATE.-- = = 19 a l A.
DECLARATION OF [PREPRIMARY DESIGNATION ] CANDIDACY FOR PRIMARY --CERTIFICATION BY SECRETARY OF STATE.-- A.
Not later than six days after the [dates] first i a e r 20 Tuesday in February of each even-numbered year, the date for a t m m 21 filing declarations of candidacy, [by preprimary convention d r e 22 designation] the secretary of state shall certify to the c e s k 23 [chairman] chair of each state political party the names of e a n b 24 that party's candidates for office of United States u [ representative or for other statewide office who have filed .229621.2 - 22 - their declarations of candidacy [by convention designation] and have otherwise complied with the requirements of the Primary Election Law.
Not later than six days after the [dates ] first Tuesday in February of each even-numbered year, the date for h filing declarations of candidacy, [by preprimary convention g o t hr designation] the secretary of state shall certify to the g e i k [chairman] chair of each state political party the names of h r i s that party's candidates for office of United States h , t, representative or for other statewide office who have filed e u g e b l e e h their declarations of candidacy [by convention 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.
B.
r i = r t e w d m a n o B.
No person shall be placed in nomination [at the convention] unless [he] the person has been certified by the secretary of state." SECTION 16.
No person shall be placed in nomination [at the d m :
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] the person's declaration of candidacy [by nominating petition or by preprimary convention designation] is guilty of a fourth degree felony." SECTION 17.
PRIMARY ELECTION LAW--DECLARATION OF CANDIDACY-- FALSE STATEMENT.--Any person knowingly making a false statement in [his ] the person's declaration of candidacy [by nominating petition or by preprimary convention designation] is guilty of a fourth degree felony." SECTION 17.
BALLOTS--NAME TO BE PRINTED--ORDER OF NAMES-- e t 17 SIMILAR NAMES--NAMES NOT TO BE PRINTED.-- w l n d 18 A.
BALLOTS--NAME TO BE PRINTED--ORDER OF NAMES-- SIMILAR NAMES--NAMES NOT TO BE PRINTED.-- 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 a t m m 21 that is on file in the county clerk's office on the day the d r e 22 secretary of state issues the proclamation for that election;
In the preparation of ballots for a statewide election, the candidate's name shall be printed on the ballot as it appears on the candidate's certificate of registration h that is on file in the county clerk's office on the day the g o t hr secretary of state issues the proclamation for that election;
c e s k 23 provided that:
g e i k provided that:
e a n b 24 (1) the last name printed on the ballot shall u [ match the candidate's legal last name;
h r i s (1) the last name printed on the ballot shall h , t, match the candidate's legal last name;
.229621.2 - 23 - (2) academic, honorific and elected titles shall not be printed;
e u g e b l e e h (2) academic, honorific and elected titles n d d i = = o h shall not be printed;
(3) periods after initials 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) punctuation common to names, other than a period, shall be printed as it appears on the candidate's certificate of registration;
d m :
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.
If it appears that the names of two or more candidates for any office to be voted on at the election are the same or are so similar as to tend to confuse the voter as to the candidates' identities, the candidates shall be differentiated on the ballot in accordance with rules adopted by the secretary of state.
= = 19 a l D.
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, a t m m 21 sixty-three days before a primary election or regular local d r e 22 election or seven days after the filing day for declarations of c e s k 23 candidacy for any other election:
A candidate's name shall not be printed on the ballot if at least seventy days before a general election, h sixty-three days before a primary election or regular local g o t hr election or seven days after the filing day for declarations of g e i k candidacy for any other election:
e a n b 24 (1) the candidate files with the proper filing u [ officer a signed and notarized statement of withdrawal as a .229621.2 - 24 - candidate in that election;
h r i s (1) the candidate files with the proper filing h , t, officer a signed and notarized statement of withdrawal as a e u g e b l e e h candidate in that election;
(2) a judicial determination is made that the candidate does not qualify to be a candidate for the office sought;
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) 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;
d m :
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 l n d 18 "[Declared] Write-in [Candidate]" after the listing of other = = 19 a l candidates for that office;
a space for entering the name of the write-in candidate shall be clearly designated by the use of the heading "[Declared ] Write-in [Candidate]" after the listing of other candidates for that office;
and i a e r 20 B.
and B.
the write-in candidate's name shall not be pre- a t m m 21 printed on the ballot, nor displayed or otherwise provided in d r e 22 any polling place by any election official or member of an c e s k 23 election board." e a n b 24 SECTION 19.
the write-in candidate's name shall not be pre- h printed on the ballot, nor displayed or otherwise provided in g o t hr any polling place by any election official or member of an g e i k election board." h r i s SECTION 19.
Section 1-11-4.1 NMSA 1978 (being Laws 2023, u [ Chapter 39, Section 61) is amended to read:
Section 1-11-4.1 NMSA 1978 (being Laws 2023, h , t, Chapter 39, Section 61) is amended to read:
.229621.2 - 25 - "1-11-4.1.
e u g e b l e e h "1-11-4.1.
VOTER NOTIFICATION.-- A.
VOTER NOTIFICATION.-- n d d i = = o h A.
At least forty-two days prior to each statewide election, the secretary of state, on behalf of each county clerk, shall mail a voter notification of the election to eligible voters.
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 d 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.
At least forty-nine days prior to each special election, the county clerk shall mail a voter notification of the election.
= = 19 a l (1) the date and purpose of the election;
(1) the date and purpose of the election;
i a e r 20 (2) notification that the election will be a t m m 21 conducted by mail and that no polling places will be available d r e 22 for the special election;
(2) notification that the election will be h conducted by mail and that no polling places will be available g o t hr for the special election;
c e s k 23 (3) the deadline for voted mailed ballots to e a n b 24 be received by the county clerk and the recommended deadline to u [ deposit the voted mailed ballot with the United States postal .229621.2 - 26 - service for return by mail, which shall be seven days before the election;
g e i k (3) the deadline for voted mailed ballots to h r i s be received by the county clerk and the recommended deadline to h , t, deposit the voted mailed ballot with the United States postal e u g 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;
(4) the address and the telephone number of the county clerk's office for a voter requiring a replacement ballot or returning a mailed ballot;
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 d m :
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;
(3) ballot is delivered pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage 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 a t m m 21 1978." d r e 22 SECTION 20.
or (4) ballot, in a statewide election, is delivered pursuant to the provisions of Section 1-6-22.1 NMSA h 1978." g o t hr SECTION 20.
Section 1-12-8 NMSA 1978 (being Laws 1969, c e s k 23 Chapter 240, Section 247, as amended) is amended to read:
Section 1-12-8 NMSA 1978 (being Laws 1969, g e i k Chapter 240, Section 247, as amended) is amended to read:
e a n b 24 "1-12-8.
h r i s "1-12-8.
CONDUCT OF ELECTION--PROVISIONAL VOTING.-- u [ A.
CONDUCT OF ELECTION--PROVISIONAL VOTING.-- h , t, A.
A person shall be permitted to vote on a .229621.2 - 27 - provisional paper ballot even though the person's original certificate of registration cannot be found in the county register or even if the person's name does not appear on the signature roster;
A person shall be permitted to vote on a e u g 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:
provided that :
(1) the person's residence is within the boundaries of the county in which the person offers to vote;
d m :
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;
(1) has not previously voted in a general election in New Mexico or has been purged from the voter list;
w l n d 18 (2) registered to vote by mail;
(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 a t m m 21 registration form;
(3) did not submit the physical form of the required voter identification with the certificate of h registration form;
and d r e 22 (4) does not present to the election judge a c e s k 23 physical form of the required voter identification.
and g o t hr (4) does not present to the election judge a g e i k physical form of the required voter identification.
e a n b 24 C.
h r i s C.
A voter shall vote on a provisional paper ballot u [ in accordance with the provisions of Section 1-12-7.1 NMSA 1978 .229621.2 - 28 - if the voter does not provide the required voter identification to the election judge.
A voter shall vote on a provisional paper ballot h , t, in accordance with the provisions of Section 1-12-7.1 NMSA 1978 e u g 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.
D.
l ] b ,d i a º e D.
A judge or election clerk shall have the voter sign the signature roster and issue the voter a provisional paper ballot for the precinct of the address provided by the voter, an outer envelope and an official inner envelope.
A judge or election clerk shall have the voter r i = r t e w d m a n o sign the signature roster and issue the voter a provisional d m :
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.
Knowingly executing a false statement constitutes perjury as provided in the Criminal Code, and voting on the basis of such falsely executed statement constitutes fraudulent voting." SECTION 21.
Section 1-12-25.4 NMSA 1978 (being Laws 2003, i a e r 20 Chapter 356, Section 7, as amended) is amended to read:
Section 1-12-25.4 NMSA 1978 (being Laws 2003, Chapter 356, Section 7, as amended) is amended to read:
a t m m 21 "1-12-25.4.
h "1-12-25.4.
PROVISIONAL PAPER BALLOTS--DISPOSITION.-- d r e 22 A.
PROVISIONAL PAPER BALLOTS--DISPOSITION.-- g o t hr A.
Upon closing of the polls, provisional paper c e s k 23 ballots shall be delivered to the county clerk, who shall e a n b 24 determine if the ballots will be counted prior to certification u [ of the election.
Upon closing of the polls, provisional paper g e i k ballots shall be delivered to the county clerk, who shall h r i s determine if the ballots will be counted prior to certification h , t, of the election.
.229621.2 - 29 - B.
e u g e b l e e h B.
A provisional paper ballot shall not be counted if the registered voter did not sign either the signature roster or the ballot's envelope.
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.
C.
r i = r t e w d m a n o C.
If there is no record of the voter ever having been registered in the county, the voter shall be offered the opportunity to register, the provisional paper ballot shall not be counted and the voter registration certificate shall be processed following the canvass of the election.
If there is no record of the voter ever having d m :
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.
If the county clerk determines that the cancellation was not in error, the voter shall be offered the opportunity to register at the voter's correct address, and the provisional paper ballot shall not be counted.
i a e r 20 F.
F.
If the voter is a registered voter in the county a t m m 21 but has voted on a provisional paper ballot other than the d r e 22 ballot of the voter's correct precinct, the county canvassing c e s k 23 board shall ensure that only those votes for the positions or e a n b 24 measures for which the voter was eligible to vote are counted.
If the voter is a registered voter in the county h but has voted on a provisional paper ballot other than the u » r ballot of the voter's correct precinct, the county canvassing t h g e l i board shall ensure that only those votes for the positions or h r i s measures for which the voter was eligible to vote are counted.
u [ G.
h , e h G.
If the county clerk finds that the voter who .229621.2 - 30 - voted on a provisional paper ballot at the polls has also voted an absentee ballot in that election, the provisional paper ballot shall not be counted.
If the county clerk finds that the voter who t u g 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.
H.
e r = t e w d m a n o H.
The county clerk shall maintain a provisional ballot register that shall be in the same form and made available in the same manner as the absentee ballot register and the mailed ballot register.
The county clerk shall maintain a provisional d m :
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.
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." a t m m 21 SECTION 22.
The secretary of state shall issue rules to ensure securing the secrecy of the provisional paper ballots, especially during canvassing, reviewing or recounting, and protecting against fraud in the voting process." h SECTION 22.
Section 1-14-24 NMSA 1978 (being Laws 2008, d r e 22 Chapter 41, Section 1, as amended) is amended to read:
Section 1-14-24 NMSA 1978 (being Laws 2008, u » r Chapter 41, Section 1, as amended) is amended to read:
c e s k 23 "1-14-24.
t h g e l i "1-14-24.
AUTOMATIC RECOUNTS--PROCEDURES.-- e a n b 24 A.
AUTOMATIC RECOUNTS--PROCEDURES.-- h r i s A.
An automatic recount of the vote is required u [ when the canvass of returns indicates that the margin between .229621.2 - 31 - the two candidates receiving the greatest number of votes for an office, the margin between those supporting and those opposing a ballot question or the margin affecting the outcome of a nonpartisan judicial retention election is less than:
An automatic recount of the vote is required h , e h when the canvass of returns indicates that the margin between t u g 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) one-fourth percent of the total votes cast in that election:
d m :
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;
(a) for [that office in the case of a public education commissioner, district attorney or any office elected countywide in a county with more than one hundred fifty thousand registered voters] any other office;
i a e r 20 (b) on a ballot question in the case of a t m m 21 a local ballot question;
(b) on a ballot question in the case of h a local ballot question;
or d r e 22 (c) on a nonpartisan judicial retention c e s k 23 election in the case of a district court or the metropolitan e a n b 24 court [or u [ (3) one percent of the total votes cast in .229621.2 - 32 - that election or five or fewer votes between the two candidates receiving the greatest number of votes for that office in the case of any other office].
or g o t hr (c) on a nonpartisan judicial retention g e i k election in the case of a district court or the metropolitan h r i s court [or h , t, (3) one percent of the total votes cast in e u g 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].
B.
r i = r t e w d m a n o B.
In a statewide election and for an office for which ballots were cast in more than one county, the secretary of state shall file notice with the state canvassing board upon the completion of the state canvass that an automatic recount is required, and the state canvassing board shall order a recount of the ballots for the specified office.
In a statewide election and for an office for d m :
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.
Automatic recounts shall be conducted pursuant to the recount procedures established in Sections 1-14-16 and 1-14-18 through 1-14-23 NMSA 1978." SECTION 23.
A new section of the Presidential Primary i a e r 20 Act, Section 1-15A-12 NMSA 1978, is enacted to read:
A new section of the Presidential Primary Act, Section 1-15A-12 NMSA 1978, is enacted to read:
a t m m 21 "1-15A-12.
h "1-15A-12.
[NEW MATERIAL] CERTIFICATION OF CANDIDATES FOR d r e 22 A GENERAL ELECTION.--Following the results of its national c e s k 23 party convention, any qualified political party in New Mexico e a n b 24 desiring to have candidates for president and vice president on u [ the general election ballot in a presidential election year .229621.2 - 33 - shall certify in writing to the secretary of state the party's candidates for president and vice president seventy days before a general election." SECTION 24.
[NEW MATERIAL ] CERTIFICATION OF CANDIDATES FOR u » r A GENERAL ELECTION.--Following the results of its national t h g e l i party convention, any qualified political party in New Mexico h r i s desiring to have candidates for president and vice president on h , e h the general election ballot in a presidential election year t u g 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, Section 1-15A-13 NMSA 1978, is enacted to read:
A new section of the Presidential Primary d m :
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] 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 ] 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] VACANCY OCCURRING AFTER THE PRESIDENTIAL PRIMARY.-- A.
[NEW MATERIAL ] VACANCY OCCURRING AFTER THE PRESIDENTIAL PRIMARY.-- A.
If, after a presidential primary election but ninety or more days before the general election, a vacancy occurs for any cause in the list of the nominees of a qualified 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.
If, after a presidential primary election but ninety or more days before the general election, a vacancy occurs for any cause in the list of the nominees of a qualified political party for president or vice president, the qualified political party or the candidate's political committee shall inform the secretary of state in writing.
i a e r 20 B.
B.
Appointments to fill vacancies in the list of a a t m m 21 party's nominees shall be made and filed with the secretary of d r e 22 state on or before the seventieth day prior to a general c e s k 23 election using the form prescribed by the secretary of state." e a n b 24 SECTION 26.
Appointments to fill vacancies in the list of a h party's nominees shall be made and filed with the secretary of g o t hr state on or before the seventieth day prior to a general g e i k election using the form prescribed by the secretary of state." h r i s SECTION 26.
Section 1-19-26 NMSA 1978 (being Laws 1979, u [ Chapter 360, Section 2, as amended) is amended to read:
Section 1-19-26 NMSA 1978 (being Laws 1979, h , t, Chapter 360, Section 2, as amended) is amended to read:
.229621.2 - 34 - "1-19-26.
e u g e b l e e h "1-19-26.
DEFINITIONS.--As used in the Campaign Reporting Act:
DEFINITIONS.--As used in the Campaign Reporting n d d i = = o h Act:
A.
l ] b ,d i a º e A.
"advertisement" means a communication referring to a candidate or ballot question that is published, disseminated, distributed or displayed to the public by print, broadcast, satellite, cable or electronic media, including recorded phone messages, or by printed materials, including mailers, handbills, signs and billboards, but "advertisement" does not include:
"advertisement" means a communication referring r i = r t e w d m a n o to a candidate or ballot question that is published, d m :
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;
(3) a candidate debate or forum or a communication announcing a candidate debate or forum paid for on behalf of the debate or forum sponsor;
provided that two or = = 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 a t m m 21 the single candidate for the position has been invited to d r e 22 participate;
provided that two or more candidates for the same position have been invited to participate or, in the case of an uncontested election, that h the single candidate for the position has been invited to u » r participate;
c e s k 23 (4) nonpartisan voter guides allowed by the e a n b 24 federal Internal Revenue Code of 1986, as amended, for Section u [ 501(c)(3) organizations;
t h g e l i (4) nonpartisan voter guides allowed by the h r i s federal Internal Revenue Code of 1986, as amended, for Section h , e h 501(c)(3) organizations;
or .229621.2 - 35 - (5) statements made to a court or administrative board in the course of a formal judicial or administrative proceeding;
or t u g 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;
B.
e r = t e w d m a n o B.
"anonymous contribution" means a contribution the contributor of which is unknown to the candidate or the candidate's agent or the political committee or its agent who accepts the contribution;
"anonymous contribution" means a contribution d m :
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;
"bank account" means an account in a financial institution regulated by the United States or a state of the United States;
= = 19 a l F.
F.
"campaign committee" means an association of two i a e r 20 or more persons authorized by a candidate to act on the a t m m 21 candidate's behalf for the purpose of electing the candidate to d r e 22 office;
"campaign committee" means an association of two or more persons authorized by a candidate to act on the h candidate's behalf for the purpose of electing the candidate to u » r office;
provided that a candidate shall not authorize more than c e s k 23 one campaign committee;
provided that a candidate shall not authorize more than t h g e l i one campaign committee;
e a n b 24 G.
h r i s G.
"campaign expenditure" means an expenditure that u [ is made by a campaign committee or by a candidate in support of .229621.2 - 36 - the candidate's campaign in an election;
"campaign expenditure" means an expenditure that h , e h is made by a campaign committee or by a candidate in support of t u g e b l e e , gh the candidate's campaign in an election;
H.
n d d i = = o h H.
"candidate" means an individual who seeks or considers an office in an election covered by the Campaign Reporting Act, including a public official, who has filed a declaration of candidacy and has not subsequently filed a statement of withdrawal or:
"candidate" means an individual who seeks or l ] b ,d i a º r considers an office in an election covered by the Campaign e r = t e w d m a n o Reporting Act, including a public official, who has filed a d m :
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;
or (2) for a statewide office, has received contributions or made expenditures of more than three thousand dollars ($3,000) or authorized another person or campaign committee to receive contributions or make expenditures of more than three thousand dollars ($3,000) for the purpose of seeking election to the office or for candidacy exploration purposes in the years prior to the year of the election;
i a e r 20 I.
I.
a t m m 21 (1) means a gift, subscription, loan, advance d r e 22 or deposit of money or other thing of value, including the c e s k 23 estimated value of an in-kind contribution, that is made or e a n b 24 received for a political purpose, including payment of a debt u [ incurred in an election campaign;
h (1) means a gift, subscription, loan, advance u » r or deposit of money or other thing of value, including the t h g e l i estimated value of an in-kind contribution, that is made or h r i s received for a political purpose, including payment of a debt h , e h incurred in an election campaign;
.229621.2 - 37 - (2) includes a coordinated expenditure;
t u g e b l e e , gh (2) includes a coordinated expenditure;
(3) does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee;
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 e r = t e w d m a n o personal expenses of individuals who volunteer a portion or all d m :
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;
(2) at the request or suggestion of, or in cooperation, consultation or concert with, a candidate, campaign committee or political party or any agent or representative of a candidate, campaign committee or political party;
and a t m m 21 (3) for the purpose of:
and h (3) for the purpose of:
d r e 22 (a) supporting or opposing the c e s k 23 nomination or election of a candidate;
g o t hr (a) supporting or opposing the g e i k nomination or election of a candidate;
or e a n b 24 (b) paying for an advertisement that u [ refers to a clearly identified candidate and is published and .229621.2 - 38 - 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;
or h r i s (b) paying for an advertisement that h , t, refers to a clearly identified candidate and is published and e u g 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;
K.
r i = r t e w d m a n o K.
"deliver" or "delivery" means to deliver by certified or registered mail, telecopier, electronic transmission or facsimile or by personal service;
"deliver" or "delivery" means to deliver by d m :
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;
"election" means any primary, general or statewide special election in New Mexico and includes county and judicial retention elections but excludes federal, municipal, school board and special district elections;
i a e r 20 O.
O.
"election year" means an even-numbered year in a t m m 21 which an election covered by the Campaign Reporting Act is d r e 22 held;
"election year" means an even-numbered year in h which an election covered by the Campaign Reporting Act is u » r held;
c e s k 23 P.
t h g e l i P.
"expenditure" means a payment, transfer or e a n b 24 distribution or obligation or promise to pay, transfer or u [ distribute any money or other thing of value for a political .229621.2 - 39 - purpose, including payment of a debt incurred in an election campaign [or pre-primary convention];
"expenditure" means a payment, transfer or h r i s distribution or obligation or promise to pay, transfer or h , e h distribute any money or other thing of value for a political t u g 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 ];
Q.
l ] b ,d i a º r Q.
"independent expenditure" means an expenditure that is:
"independent expenditure" means an expenditure e r = t e w d m a n o that is:
(1) made by a person other than a candidate or campaign committee;
d m :
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 a t m m 21 ballot;
or (c) refers to a clearly identified candidate or ballot question and is published and disseminated to the relevant electorate in New Mexico within thirty days before the primary election or sixty days before the general election at which the candidate or ballot question is on the h ballot;
d r e 22 R.
g o t hr R.
"legislative caucus committee" means a political c e s k 23 committee established by the members of a political party in a e a n b 24 chamber of the legislature;
"legislative caucus committee" means a political g e i k committee established by the members of a political party in a h r i s chamber of the legislature;
u [ S.
h , t, S.
"materially deceptive media" means an image, .229621.2 - 40 - video or audio that:
"materially deceptive media" means an image, e u g e b l e e h video or audio that:
(1) depicts an individual engaged in conduct or speech in which the depicted individual did not engage;
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) was published, disseminated, distributed or displayed to the public without the consent of the depicted individual;
r i = r t e w d m a n o (2) was published, disseminated, 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 a t m m 21 expenditures of more than five thousand dollars ($5,000) in the d r e 22 election cycle;
or (4) an association that consists of two or more persons whose primary purpose is to make independent expenditures and that has received more than five thousand dollars ($5,000) in contributions or made independent h expenditures of more than five thousand dollars ($5,000) in the g o t hr election cycle;
c e s k 23 V.
g e i k V.
"political party" means an association that has e a n b 24 qualified as a political party pursuant to the provisions of u [ Section 1-7-2 NMSA 1978;
"political party" means an association that has h r i s qualified as a political party pursuant to the provisions of h , t, Section 1-7-2 NMSA 1978;
.229621.2 - 41 - W.
e u g e b l e e h W.
"political purpose" means for the purpose of supporting or opposing a ballot question or the nomination or election of a candidate;
"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;
X.
r i = r t e w d m a n o X.
"prescribed form" means a form or electronic format prepared and prescribed by the secretary of state;
"prescribed form" means a form or electronic d m :
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;
"applicant candidate" means a candidate who is running for a covered office and who is seeking to be a certified candidate in a primary or general election;
= = 19 a l B.
B.
"certified candidate" means a candidate running i a e r 20 for a covered office who chooses to obtain financing pursuant a t m m 21 to the Voter Action Act and is certified as a Voter Action Act d r e 22 candidate;
"certified candidate" means a candidate running for a covered office who chooses to obtain financing pursuant h to the Voter Action Act and is certified as a Voter Action Act g o t hr candidate;
c e s k 23 C.
g e i k C.
"contested" means there are more candidates for e a n b 24 a position than the number to be elected to that position;
"contested" means there are more candidates for h r i s a position than the number to be elected to that position;
u [ D.
h , t, D.
"contribution" means a gift, subscription, loan, .229621.2 - 42 - advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made or received for the purpose of supporting or opposing the nomination for election or election of a candidate for public office, including payment of a debt incurred in an election campaign and also including a coordinated expenditure, but "contribution" does not include:
"contribution" means a gift, subscription, loan, e u g 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 r i = r t e w d m a n o nomination for election or election of a candidate for public d m :
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:
"coordinated expenditure" means an expenditure that is made:
w l n d 18 (1) by a person other than a candidate or = = 19 a l campaign committee;
(1) by a person other than a candidate or campaign committee;
i a e r 20 (2) at the request or suggestion of, or in a t m m 21 cooperation, consultation or concert with, a candidate, d r e 22 campaign committee or political party or any agent or c e s k 23 representative of such a candidate, campaign committee or e a n b 24 political party;
(2) at the request or suggestion of, or in h cooperation, consultation or concert with, a candidate, g o t hr campaign committee or political party or any agent or g e i k representative of such a candidate, campaign committee or h r i s political party;
and u [ (3) for the purpose of:
and h , t, (3) for the purpose of:
.229621.2 - 43 - (a) supporting or opposing the nomination or election of a candidate;
e u g 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) paying for an advertisement that refers to a clearly identified candidate and that is published and disseminated to the relevant electorate in New Mexico within thirty days before the primary election or sixty days before the general election in which the candidate is on the ballot;
or l ] b ,d i a º e (b) paying for an advertisement that r i = r t e w d m a n o refers to a clearly identified candidate and that is published d 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.
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 a t m m 21 candidate that is:
"qualifying contribution" means a donation of five dollars ($5.00) in the form of cash, a check, a money order or an electronic form of payment, as prescribed by the secretary, and payable to the fund in support of an applicant h candidate that is:
d r e 22 (1) made by a voter who is eligible to vote c e s k 23 for the covered office that the applicant candidate is seeking;
u » r (1) made by a voter who is eligible to vote t h g e l i for the covered office that the applicant candidate is seeking;
e a n b 24 (2) made during the designated qualifying u [ period and obtained through efforts made with the knowledge and .229621.2 - 44 - approval of the applicant candidate;
h r i s (2) made during the designated qualifying h , e h period and obtained through efforts made with the knowledge and t u g e b l e e , gh approval of the applicant candidate;
and (3) acknowledged by a receipt that identifies the contributor's name and residential address on forms provided by the bureau of elections and that is signed by the contributor, one copy of which is attached to the list of contributors and sent to the bureau of elections;
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 e r = t e w d m a n o provided by the bureau of elections and that is signed by the d m :
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] (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.
[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;
on the twenty-third day following the primary election for 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 a t m m 21 following the primary election and ending sixty days after;
and (3) for candidates appointed when there is a vacancy on the general election ballot pursuant to Section 1-8-7 NMSA 1978, the period beginning on the twenty-fourth day h following the primary election and ending sixty days after;
and d r e 22 K.
and g o t hr K.
"secretary" means the secretary of state or the c e s k 23 office of the secretary of state." e a n b 24 SECTION 28.
"secretary" means the secretary of state or the g e i k office of the secretary of state." h r i s SECTION 28.
Section 1-19A-3 NMSA 1978 (being Laws 2003, u [ Chapter 14, Section 3, as amended) is amended to read:
Section 1-19A-3 NMSA 1978 (being Laws 2003, h , t, Chapter 14, Section 3, as amended) is amended to read:
.229621.2 - 45 - "1-19A-3.
e u g e b l e e h "1-19A-3.
TERMS OF PARTICIPATION--DECLARATION OF INTENT.-- A.
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 to the Voter Action Act shall first file with the secretary a declaration of intent to participate in that act as an applicant candidate for a stated covered office.
A person choosing to obtain financing pursuant r i = r t e w d m a n o to the Voter Action Act shall first file with the secretary a d m :
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.
To become an applicant candidate and participate in the Voter Action Act, a person shall submit a declaration of intent prior to collecting any qualifying contributions or other contributions and make explicit in the declaration that the candidate has complied with and will continue to comply with that act's contribution and expenditure limits and all other requirements set forth in that act and rules issued by the secretary.
w l n d 18 C.
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 a t m m 21 more than one hundred dollars ($100) from any one contributor d r e 22 during the election cycle in which the person is running for c e s k 23 office.
Except as provided in Subsection D of this section, a person shall not be eligible to become an applicant candidate if the person has accepted contributions totaling h more than one hundred dollars ($100) from any one contributor u » r during the election cycle in which the person is running for t h g e l i office.
e a n b 24 D.
h r i s D.
A person who has accepted contributions of more u [ than one hundred dollars ($100) from any one contributor during .229621.2 - 46 - the election cycle in which the person decides to run for a covered office is still eligible to become an applicant candidate if:
A person who has accepted contributions of more h , e h than one hundred dollars ($100) from any one contributor during t u g 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) the contributions were for a candidacy for an office other than a covered office and no money was raised for or expended on any campaign-related activity for a covered office during the time those contributions were made;
e r = t e w d m a n o (1) the contributions were for a candidacy for d m :
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;
(3) the person places all campaign account money that was collected before the person became an applicant candidate in a segregated bank account and does not transfer any money into or out of that account for the duration of the person's campaign for a covered office;
and = = 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 a t m m 21 campaign account to the fund.
and (4) the person agrees that, if elected to the covered office, the person will transfer all money in the h campaign account to the fund.
d r e 22 E.
u » r E.
After submitting a declaration of intent, a c e s k 23 person shall not withdraw that declaration and submit another e a n b 24 declaration of intent for a different covered office in the u [ same primary and general election cycle." .229621.2 - 47 - SECTION 29.
After submitting a declaration of intent, a t h g e l i person shall not withdraw that declaration and submit another h r i s declaration of intent for a different covered office in the h , e h same primary and general election cycle." t u g e b l e e , gh SECTION 29.
Section 1-19A-7 NMSA 1978 (being Laws 2003, Chapter 14, Section 7, as amended) is amended to read:
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:
"1-19A-7.
l ] b ,d i a º r "1-19A-7.
GUIDELINES AND RESTRICTIONS FOR CONTRIBUTIONS TO AND EXPENDITURES OF CERTIFIED CANDIDATES.-- A.
GUIDELINES AND RESTRICTIONS FOR CONTRIBUTIONS e r = t e w d m a n o TO AND EXPENDITURES OF CERTIFIED CANDIDATES.-- 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;
(3) a contribution to the campaign of another candidate or to a political party or political committee or to a campaign supporting or opposing a ballot proposition;
= = 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 a t m m 21 proposition or the defeat of any candidate other than an d r e 22 opponent of the certified candidate;
(4) an expenditure supporting the election of another candidate or the passage or defeat of a ballot h proposition or the defeat of any candidate other than an g o t hr opponent of the certified candidate;
provided that a certified c e s k 23 candidate may purchase joint advertisements or services with e a n b 24 other certified candidates;
provided that a certified g e i k candidate may purchase joint advertisements or services with h r i s other certified candidates;
u [ (5) payment of a fine levied by a court or the .229621.2 - 48 - secretary;
h , t, (5) payment of a fine levied by a court or the e u g e b l e e h secretary;
or (6) a gift or transfer for which compensating value is not received.
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.
C.
r i = r t e w d m a n o C.
A certified candidate shall return to the fund any amount that is unspent or unencumbered at the time that person ceases to be a candidate before a primary or general election for which the fund money was distributed.
A certified candidate shall return to the fund d m :
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.
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 a t m m 21 political party pursuant to Section 1-19A-8 NMSA 1978 or from d r e 22 private contributors pursuant to Section 1-19A-4.1 NMSA 1978 c e s k 23 that remains unspent or unencumbered by the date of the primary e a n b 24 election.
A certified candidate [who does not remain a candidate in the general election] shall, within thirty days after the primary election, transfer to the secretary for deposit in the fund any amount received from the fund, from a h political party pursuant to Section 1-19A-8 NMSA 1978 or from u » r private contributors pursuant to Section 1-19A-4.1 NMSA 1978 t h g e l i that remains unspent or unencumbered by the date of the primary h r i s election.
u [ F.
h , e h F.
A certified candidate shall, within thirty days .229621.2 - 49 - after the general election, transfer to the secretary for deposit in the fund any amount received from the fund, from a political party pursuant to Section 1-19A-8 NMSA 1978 or from private contributors pursuant to Section 1-19A-4.1 NMSA 1978 that remains unspent or unencumbered by the date of the general election.
A certified candidate shall, within thirty days t u g 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 e r = t e w d m a n o private contributors pursuant to Section 1-19A-4.1 NMSA 1978 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:
A new section of the Voter Action Act is enacted to read:
w l n d 18 "[NEW 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." a t m m 21 SECTION 31.
"[NEW MATERIAL ] CREATION OF NEW ELIGIBLE OFFICES-- NOTIFICATION.--Upon creation of a new covered office, the legislature shall notify the secretary in writing." h SECTION 31.
Section 1-22-3 NMSA 1978 (being Laws 2018, d r e 22 Chapter 79, Section 18, as amended) is amended to read:
Section 1-22-3 NMSA 1978 (being Laws 2018, g o t hr Chapter 79, Section 18, as amended) is amended to read:
c e s k 23 "1-22-3.
g e i k "1-22-3.
REGULAR LOCAL ELECTIONS--SPECIAL LOCAL e a n b 24 ELECTIONS--BALLOT QUESTIONS--QUALIFICATIONS OF CANDIDATES.-- u [ A.
REGULAR LOCAL ELECTIONS--SPECIAL LOCAL h r i s ELECTIONS--BALLOT QUESTIONS--QUALIFICATIONS OF CANDIDATES.-- h , t, A.
A regular local election shall be held on the .229621.2 - 50 - first Tuesday after the first Monday in November of each odd- numbered year.
A regular local election shall be held on the e u g 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 qualified persons to membership on a local governing body and [where applicable] to elective municipal executive office and to municipal judicial office.
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 ] to elective municipal executive office and d m :
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.
C.
A local government may propose a ballot question w l n d 18 to be considered by the voters of the local government:
A local government may propose a ballot question 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 a t m m 21 1978;
(1) at a regular local election or a general election as provided by Subsection B of Section 1-16-3 NMSA h 1978;
or d r e 22 (2) at a special local election called, c e s k 23 conducted and canvassed as provided in the Special Election e a n b 24 Act.
or u » r (2) at a special local election called, t h g e l i conducted and canvassed as provided in the Special Election h r i s Act.
u [ D.
h , e h D.
Except as otherwise provided in the Local .229621.2 - 51 - Election Act, local elections shall be called, conducted and canvassed as provided in the Election Code." SECTION 32.
Except as otherwise provided in the Local t u g 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, Chapter 212, Section 156, as amended) is amended to read:
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;
(1) who was sent a notice pursuant to Subsection C of Section 1-4-28 NMSA 1978 and who has not returned the prepaid and pre-addressed return card sent pursuant to that section and has not filed a new certificate of registration with a new address;
a t m m 21 (2) whose voter notification pursuant to d r e 22 Section 1-11-4.1 NMSA 1978 or official election-related mail c e s k 23 sent through a uniform, nondiscriminatory process was returned e a n b 24 to the county clerk or the secretary of state as undeliverable u [ and the voter has not communicated with the county clerk that .229621.2 - 52 - the official voter notification or election-related mail was returned as undeliverable in error or filed a certificate of registration with a new address;
h (2) whose voter notification pursuant to g o t hr Section 1-11-4.1 NMSA 1978 or official election-related mail g e i k sent through a uniform, nondiscriminatory process was returned h r i s to the county clerk or the secretary of state as undeliverable h , t, and the voter has not communicated with the county clerk that e u g 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 (3) whose ballot is delivered pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act.
or r i = r t e w d m a n o (3) whose ballot is delivered pursuant to the d m :
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 notice shall include contact information for the office of the county clerk and an internet address where the voter may update the voter's address or communicate with the county clerk.
The mailed ballot register i a e r 20 shall note which voters were sent a notice pursuant to this a t m m 21 subsection.
The mailed ballot register shall note which voters were sent a notice pursuant to this h subsection.
d r e 22 D.
u » r D.
Between the twenty-seventh and twenty-fifth day c e s k 23 before the election, pursuant to Subsection B of this section, e a n b 24 the county clerk shall send to each voter a ballot for the u [ special election, along with a postage-paid return envelope, a .229621.2 - 53 - notice that there will be no traditional polling places for the election, the recommended deadline to deposit the voted mailed ballot with the United States postal service for return by mail, the deadline for the ballot to be received by the county clerk and a list of the times and locations of monitored secured containers available in the county.
Between the twenty-seventh and twenty-fifth day t h g e l i before the election, pursuant to Subsection B of this section, h r i s the county clerk shall send to each voter a ballot for the h , e h special election, along with a postage-paid return envelope, a t u g 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 d m :
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 a t m m 21 required documentary identification from the list in Paragraph d r e 22 (3) of Subsection I of Section 1-4-5.1 NMSA 1978.
When required by federal law, if the voter has on file with the county a valid certificate of registration that indicates that the voter is a new registrant in the state and who registered by mail without submitting the required documentary identification, the county clerk shall notify the voter that the voter must submit with the mailed ballot the h required documentary identification from the list in Paragraph u » r (3) of Subsection I of Section 1-4-5.1 NMSA 1978.
The county c e s k 23 clerk shall note on the mailed ballot register and signature e a n b 24 roster that the applicant's mailed ballot must be returned with u [ the required documentary identification.
The county t h g e l i clerk shall note on the mailed ballot register and signature h r i s roster that the applicant's mailed ballot must be returned with h , e h the required documentary identification.
.229621.2 - 54 - G.
t u g e b l e e , gh G.
Special elections called by counties or local public bodies, and any automatic recounts associated with those elections, shall be canvassed in accordance with the county canvassing provisions in Article 13 of the Election Code.
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 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.
Upon d m :
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] EMERGENCY ELECTION PROCEDURES.-- A.
"[NEW MATERIAL ] EMERGENCY ELECTION PROCEDURES.-- A.
Upon issuance of an executive order declaring a state of emergency or an executive order for an impending emergency, the secretary of state shall authorize county clerks in impacted counties to evaluate and develop emergency contingency plans to ensure maximum participation in the electoral process and provide a safe and orderly procedure for e t 17 impacted elections.
Upon issuance of an executive order declaring a state of emergency or an executive order for an impending emergency, the secretary of state shall authorize county clerks in impacted counties to evaluate and develop emergency contingency plans to ensure maximum participation in the electoral process and provide a safe and orderly procedure for impacted elections.
w l n d 18 B.
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.
A county clerk shall notify the secretary of state in writing of any natural disasters impacting election operations.
As soon as possible following the issuance of an a t m m 21 executive order declaring an emergency:
As soon as possible following the issuance of an h executive order declaring an emergency:
d r e 22 (1) the county clerk shall identify the number c e s k 23 of polling places that are functional and the number of polling e a n b 24 places that are no longer functional.
g o t hr (1) the county clerk shall identify the number g e i k of polling places that are functional and the number of polling h r i s places that are no longer functional.
If a polling place is u [ destroyed, inaccessible or unsafe, efforts should be made to .229621.2 - 55 - work with federal, state and local emergency management agencies to permit the orderly establishment of a new polling place.
If a polling place is h , t, destroyed, inaccessible or unsafe, efforts should be made to e u g 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 the county clerk and authorized by the secretary of state and shall meet the requirements for voter convenience centers in Section 1-3-4 NMSA 1978.
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 d m :
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;
Any delays, closures of secured monitored containers or additional changes to the ability of voters to receive or return a mailed ballot shall be posted as soon as practicable on the county clerk's website with information on how voters may participate in the election;
= = 19 a l and i a e r 20 (3) any contingency plans involving a t m m 21 elimination or consolidation of a polling place or d r e 22 establishment of an alternative voting or mobile voting unit c e s k 23 within an Indian nation, tribe or pueblo shall occur pursuant e a n b 24 to Section 1-21A-9 NMSA 1978.
and (3) any contingency plans involving h elimination or consolidation of a polling place or u » r establishment of an alternative voting or mobile voting unit t h g e l i within an Indian nation, tribe or pueblo shall occur pursuant h r i s to Section 1-21A-9 NMSA 1978.
u [ C.
h , e h C.
Nothing in this section shall be interpreted as .229621.2 - 56 - extending or as an extension of the time period for an election." SECTION 34.
Nothing in this section shall be interpreted as t u g 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.--Sections 1-8-21.1, 1-8-42, 1-12-7.1 and 1-22-3.1 NMSA 1978 (being Laws 1993, Chapter 55, Section 11, Laws 1973, Chapter 228, Section 12, Laws 1969, Chapter 240, Section 112 and Laws 2018, Chapter 79, Section 34, as amended) are repealed.
TEMPORARY PROVISION.-- e r = t e w d m a n o A.
- 57 - 10 12 14 16 e t 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
The term of an elected municipal officer that was d m :
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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  1. action postponed indefinitely

  2. DO PASS, as amended, committee report adopted

  3. Sent to Senate Rules Committee & Senate Judiciary Committee

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Frequently asked questions

Who sponsors SB 218?
SB 218 is sponsored by Heather Berghmans (Democrat) and Katy Duhigg (Democrat).
What is the current status of SB 218?
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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