SB 281 — PRC ELECTION & CHANGES

= = o h l ] 19b ,d i a º r (1) in the state for statewide offices;

and ae l r i= 20t e w d (2) in the district for offices other than tm e a tn statewideo offices.d m :

mb mr 21 e dt Theº petitiono shallt containn a= statement.217738.1AIC thatFebruary the20, voters2020 r(8:54am) es 22k cm e r- c5 23- signing the petition are residents of the area to be e a n be 24d representedr bye thel officeu for[ whichA thed personSJC/SB being281 nominatedstatewide uoffices. [ is a candidate.

.217738.1The -petition 5shall -contain SJC/SBa 281statement C.that the voters signing the petition are residents of the area to be represented by the office for which the person being nominated is a candidate.

C.

The petition shall contain a statement that the voters h signing the petition are residents of the area to be u » r represented by the office for which the person being nominated t h g e is a candidate.

l i h r i s D.

Except in the case of a political party h , e h certified in the year of the election, persons certified as et u g e 17b l candidates shall be members of that party on the day the e e , gh n d 18d i = = o h secretary of state issues the general election proclamation.

= = l ] 19b ,d i a º r E.

When a political party is certified in the year ae l r i= 20t e w d of the general election, and after the day the secretary of tm e a tn stateo issuesd the general election proclamation, a person m m: 21 e d certified as a candidate shall be:

b r e 22t cº eo rt cn 23= (1).217738.1AIC aFebruary member20, of2020 that(8:54am) partys notk laterm thane the- 6 - e a n be 24d dater thee politicall partyu filed[ itsA rulesd andSJC/SB qualifying281 ustate [issues petitionsthe pursuantgeneral toelection Sectionsproclamation, 1-7-2a andperson 1-7-4certified NMSAas 1978;a candidate shall be:

and(1) .217738.1 - 6 - SJC/SB 281 (2) a residentmember in the district of thethat officeparty fornot whichlater thethan person is a candidate on the date of the secretarypolitical ofparty state'sfiled proclamationits forrules theand generalqualifying electionpetitions orpursuant into theSections case1-7-2 ofand a1-7-4 personNMSA seeking1978; the office of United States senator or United States representative, a resident within New Mexico on the date of the secretary of state's proclamation for the general election.

and (2) a resident in the district of the office for which the person is a candidate on the date of the secretary of state's proclamation for the general election or in the case of a person seeking the office of United States senator or United States representative, a resident within New Mexico on the date of the secretary of state's proclamation for the general election.

No voter shall sign a petition prescribed by this section for more persons than the number of candidates h u » r necessary to fill the office at the next ensuing general t h g e election." l i h r SECTION 3.

Section 1-8-3 NMSA 1978 (being Laws 1969, i s h , e h Chapter 240, Section 153, as amended) is amended to read:

et u g e 17b l "1-8-3.

NOMINATION BY MINOR POLITICAL PARTY--OTHER e e , gh n d 18d i METHODS.--If the rules and regulations of a minor political = = o h l ] 19b ,d i a º r party require nomination by a method other than a political ae l r i= 20t e w d convention:

tm e a tn A.o d m :

theb stater [chairman ] chair and the governing m m 21 e dt boardº ofo thet staten party= shall.217738.1AIC certifyFebruary to20, the2020 secretary(8:54am) ofs rk em 22 c e r- c7 23- state the names of their party's nominees for United States e a n be 24d senator,r Unitede Statesl representative, all elective state u [ offices,A legislatived offices elected from multicounty .217738.1 - 7 - SJC/SB 281 districts,A. [public regulation commission ] all elective judicial officers in the judicial department and all offices representing a district composed of more than one county;

the state [chairman ] chair and the governing board of the state party shall certify to the secretary of state the names of their party's nominees for United States senator, United States representative, all elective state offices, legislative offices elected from multicounty districts, [public regulation commission ] all elective judicial officers in the judicial department and all offices representing a district composed of more than one county;

the names of such nominees shall be filed in the same time and manner prescribed by the Election Code for convention-designated nominees of minor political parties, and h each list of names certified shall be accompanied by the g o petition containing a list of signatures and addresses of t hr g e i k voters as prescribed for convention-designated nominees." h r i s SECTION 4.

Section 1-8-13 NMSA 1978 (being Laws 1969, h , t, Chapter 240, Section 162, as amended) is amended to read:

e u g e 17b l e e h "1-8-13.

PRIMARY ELECTION LAW--CONTENTS OF e e n d 18d i = = o h PROCLAMATION.--The general election proclamation calling a = = l ] 19b ,d i a º e primary and general election shall contain:

ar li = r it 20e w d m a n o A.

the names of the major political parties td em a: t participating in the primary election;

mb e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m 21e - 8 - e a n e d B.r e l u [ A d SJC/SB 281 participating in the primary election;

theB. offices to be elected at the general r e 22 c e r c 23 election and for which each political party shall nominate e a n b 24 candidates;

provided that if any law is enacted by the uoffices [to legislaturebe inelected theat year in which the primarygeneral election is held .217738.1 - 8 - SJC/SB 281 and the law does not take effect until after the date to amend the proclamation but prior to the date to fill vacancies pursuant to Section 1-8-7 or 1-8-8 NMSA 1978, the secretary of state shall conform the proclamation to the intent of the law with respect to the offices for which each political party shall nominate candidates;

provided that if any law is enacted by the legislature in the year in which the primary election is held and the law does not take effect until after the date to amend the proclamation but prior to the date to fill vacancies pursuant to Section 1-8-7 or 1-8-8 NMSA 1978, the secretary of state shall conform the proclamation to the intent of the law with respect to the offices for which each political party shall nominate candidates;

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 [public regulation commission ] or magistrate shall be filed and the places where they shall be h u » r filed in order to have the candidates' names printed on the t h g e official ballot of their party at the primary election or in l i h r order to have the candidates' names printed on the official i s h , e h ballot at the general election, as applicable;

et u g e 17b l D.

the date on and place at which declarations of e e , gh n d 18d i candidacy shall be filed for any other office and filing fees = = o h l ] 19b ,d i a º r paid or, in lieu thereof, a pauper's statement of inability to ae l r i= 20t e w d pay;

tm e a tn E.o d m :

theb finalr date on and place at which candidates m m 21 e dt forº theo officet ofn United= States.217738.1AIC representativeFebruary and20, for2020 any(8:54am) rs ek 22m c e r- c9 23- statewide office seeking preprimary convention designation by e a n be 24d ther majore partiesl shallu file[ petitionsA andd declarationsSJC/SB of281 uE. [ candidacy;

.217738.1the -final 9date -on SJC/SBand 281place F.at which candidates for the office of United States representative and for any statewide office seeking preprimary convention designation by the major parties shall file petitions and declarations of candidacy;

F.

the 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 h the general election;

u » r I.

the date on which declarations of candidacy for t h g e unaffiliated candidates shall be filed and the places where the l i h r i s declarations of candidacy shall be filed in order to have the h , e h unaffiliated candidate names printed on the official ballot of et u g e 17b l the general election;

e e , gh n d 18d i = = o h J.

the date on which declarations of candidacy for = = l ] 19b ,d i a º r nonpartisan judicial retention shall be filed and the places ae l r i= 20t e w d where the declarations of candidacy shall be filed in order to tm e a tn haveo thed judicial retention names printed on the official m m: 21 e d ballot of the general election;

andb r e 22t cº o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 10 - e a n e d r ce 23l K.u [ A d SJC/SB 281 have the judicial retention names printed on the official ballot of the general election;

the date on which declarations to be a write-in e a n b 24 candidate are to be filed and theK. places where the declarations u [ of candidacy shall be filed in order to have write-in votes .217738.1 - 10 - SJC/SB 281 counted and canvassed at the political party primary or general election." SECTION 5.

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 5.

Candidates who seek preprimary convention h designation shall file nominating petitions at the time of g o filing declarations of candidacy.

Nominating petitions for t hr g e those candidates shall be signed by a number of voters equal to i k h r i s at least two percent of the total vote of the candidate's party h , t, in the state or congressional district, or the following number e u g e 17b l of voters, whichever is greater:

for statewide offices, two e e h n d 18d i hundred thirty voters;

and for congressional candidates, = = o h l ] 19b ,d i a º e seventy-seven voters.

ar li = r it 20e w d C.

Nominating petitions for candidates for any t e a t other office to be voted on at the primary election for which m m 21 e d nominating petitions are required shall be signed by a number r e 22 c e r c 23 of voters equal to at least three percent of the total vote of e a n bo 24d them candidate's: party in the district or division, or the u [ following number of voters, whichever is greater:

forb .217738.1e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 11 - e a n e d r e l u [ A d SJC/SB 281 metropolitanother courtoffice andto magistratebe courts,voted tenon voters;at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least three percent of the total vote of the candidate's party in the district or division, or the following number of voters, whichever is greater:

for metropolitan court and magistrate courts, ten voters;

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 h candidate seeks, and file a new declaration of candidacy and u » r nominating petitions for the office for which the candidate t h g e failed to receive a preprimary designation.

The declaration of l i h r i s candidacy and nominating petitions shall be filed with the h , e h secretary of state either ten days following the date of the et u g e 17b l preprimary convention at which the candidate failed to receive e e , gh n d 18d i = = o h the designation or on the date all declarations of candidacy = = l ] 19b ,d i a º r and nominating petitions are due pursuant to the provisions of ae l r i= 20t e w d the Primary Election Law, whichever is later." tm e a tn SECTIONo 6.d m :

Sectionb 1-8-36.1r NMSAe 1978t (beingº Lawso 1981,t mn = .217738.1AIC February 20, 2020 (8:54am) s k m 21e - 12 - e a n e d Chapterr 156,e Sectionl 1,u as[ amended)A isd amendedSJC/SB to281 read:SECTION 6.

rSection e1-8-36.1 22NMSA c1978 e(being rLaws c1981, 23Chapter "1-8-36.1.156, Section 1, as amended) is amended to read:

PRIMARY"1-8-36.1. ELECTION LAW--WRITE-IN CANDIDATES.-- e a n b 24 A.

Write-inPRIMARY candidatesELECTION areLAW--WRITE-IN permittedCANDIDATES.-- inA. the primary u [ election only for the offices of United States representative, .217738.1 - 12 - SJC/SB 281 members of the legislature, district judges, district attorneys, [public regulation commission ] public education commission, magistrates and any office voted upon by all voters of the state.

Write-in candidates are permitted in the primary election only for the offices of United States representative, members of the legislature, district judges, district attorneys, [public regulation commission ] public education commission, magistrates and any office voted upon by all voters of the state.

A person desiring to be a write-in candidate for h one of the offices listed in Subsection A of this section in g o the primary election shall file with the proper filing officer t hr g e a declaration of intent to be a write-in candidate.

Such i k h r i s declaration of intent shall be filed between 9:00 a.m.

and 5:00 h , t, p.m.

e u g e 17b l D.

At the time of filing the declaration of intent e e h n d 18d i to be a write-in candidate, the write-in candidate shall be = = o h l ] 19b ,d i a º e considered a candidate for all purposes and provisions relating ar li = r it 20e w d to candidates in the Election Code, including the obligations t e a t to report pursuant to the Campaign Reporting Act, except that m m 21 e d the write-in candidate's name shall not be printed on the r e 22 c e r c 23 ballot." e a n bo 24d SECTIONm 7.:

Sectionb 1-8-51e NMSAd 1978s (beingº Lawso 1977,t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 13 - e a n e d r e l u [ ChapterA 322,d SectionSJC/SB 7,281 asto amended)report ispursuant amended to read:the Campaign Reporting Act, except that the write-in candidate's name shall not be printed on the ballot." SECTION 7.

.217738.1Section -1-8-51 13NMSA -1978 SJC/SB(being 281Laws "1-8-51.1977, Chapter 322, Section 7, as amended) is amended to read:

"1-8-51.

h C.

Nominating petitions for an independent u » r candidate for United States senator or any other statewide t h g e elective office shall be signed by a number of voters equal to l i h r i s at least two percent of the total number of votes cast in the h , e h state.

et u g e 17b l D.

Nominating petitions for an independent e e , gh n d 18d i = = o h candidate for United States representative shall be signed by a = = l ] 19b ,d i a º r number of voters equal to at least two percent of the total ae l r i= 20t e w d number of votes cast in the district.

tm e a tn E.o d m :

Nominatingb petitionsr for an independent m m 21 e dt candidateº foro at membern of= the.217738.1AIC legislature,February [public20, regulation2020 r(8:54am) es 22k cm e r- c14 23- commission] district judge, district attorney, member of the e a n be 24d publicr educatione commission,l magistrate or county office shall u [ beA signedd by a number of voters equal to at least two percent .217738.1 - 14 - SJC/SB 281 ofE. the total number of votes cast in the district, division or county, as the case may be.

Nominating petitions for an independent candidate for a member of the legislature, [public regulation commission] district judge, district attorney, member of the public education commission, magistrate or county office shall be signed by a number of voters equal to at least two percent of the total number of votes cast in the district, division or county, as the case may be.

When a vacancy for any office occurs on the general election ballot pursuant to Section 1-8-7 or 1-8-8 NMSA 1978 in which all political parties may name a general election candidate or when a vacancy occurs in the office of United States representative pursuant to Section 1-15-18.1 NMSA 1978, an independent candidate may file a declaration of candidacy on or by the same deadline applicable to the political parties.

h u » r (1) sixty days from the announcement of the t h g e vacancy to the last day to file a declaration of candidacy, in l i h r which case an independent candidate shall submit nominating i s h , e h petitions signed by a number of voters equal to two-thirds the et u g e 17b l number of voters otherwise required by this section for an e e , gh n d 18d i independent candidate;

or = = o h l ] 19b ,d i a º r (2) thirty days from the announcement of the ae l r i= 20t e w d vacancy to the last day to file a declaration of candidacy, in t e a t which case an independent candidate shall submit nominating m m 21 e d petitions signed by a number of voters equal to one-third the r e 22 c e r c 23 number of voters otherwise required by this section for an e a n bo 24d independentm candidate.:

b r e t º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 15 - e a n e d r e l u [ G.A d SJC/SB 281 which case an independent candidate shall submit nominating petitions signed by a number of voters equal to one-third the number of voters otherwise required by this section for an independent candidate.

AG. voter shall not sign a petition for an .217738.1 - 15 - SJC/SB 281 independent candidate as provided in this section if the voter has signed a petition for another independent candidate for the same office." SECTION 8.

A voter shall not sign a petition for an independent candidate as provided in this section if the voter has signed a petition for another independent candidate for the same office." SECTION 8.

h (1) in a presidential primary, president;

g o (2) in a general election, president and vice t hr g e i k president as a ticket;

h r i s (3) United States senator;

h , t, (4) United States representative;

e u g e 17b l e e h (5) state senator;

e e n d 18d i = = o h (6) state representative;

= = l ] 19b ,d i a º e (7) supreme court;

ar li = r it 20e w d m a n o (8) court of appeals;

td e a t [(9) public regulation commission districts m m: 21 e d with odd-numbered designations;

rb e 22d cs eº ro ct 23n (10)]= (9).217738.1AIC publicFebruary education20, commission2020 (8:54am) s k m e - 16 - e a n be 24d r e l u [ A d SJC/SB 281 [(9) public regulation commission districts with odd-numbered designations;

u(10)] [(9) [(11)]public (10)education districtcommission court;districts with odd-numbered designations;

.217738.1[(11)] -(10) 16district - SJC/SB 281 [(12)] (11) metropolitan court;

[(12)] (11) metropolitan court;

h (3) in a major political party primary, g o governor;

t hr g e (4) in a major political party primary, i k h r i s lieutenant governor;

h , t, (5) in a general election, governor and e u g e 17b l lieutenant governor as a ticket;

e e h n d 18d i (6) secretary of state;

= = o h l ] 19b ,d i a º e (7) attorney general;

ar li = r it 20e w d (8) state auditor;

tm e a tn (9)o stated treasurer;m :

mb e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m 21e - 17 - e a n e d (10)r commissionere ofl publicu lands;[ A d SJC/SB 281 (9) state treasurer;

r(10) ecommissioner 22of cpublic elands; r c 23 (11) state representative;

e(11) astate nrepresentative; b 24 (12) supreme court;

u(12) [supreme (13)court; court of appeals;

.217738.1(13) -court 17of -appeals; SJC/SB 281 [(14) public regulation commission districts with even-numbered designations;

[(14) public regulation commission districts with even-numbered designations;

[(22)] (21) county commission districts and h positions with even-numbered designations;

and g o [(23)] (22) probate judge.

t hr g e i k C.

The ballot in a regular local election shall h r i s contain, when applicable, nonpartisan offices to be voted on in h , t, the following order:

e u g e 17b l e e h (1) municipal, with elective executive e e n d 18d i = = o h officers listed first, governing board members listed second = = l ] 19b ,d i a º e and judicial officers listed third;

ar li = r it 20e w d (2) board of education of a school district;

tm e a tn (3)o communityd college, branch community m m: 21 e d college, technical and vocational institute district or r e 22 c e r c 23 learning center district;

andb e ad s º o t n b= 24.217738.1AIC (4)February special20, districts2020 listed(8:54am) ins orderk bym ue [- voting18 population- ofe eacha specialn district,e withd ther moste .217738.1l -u 18[ -A d SJC/SB 281 populous(3) listedcommunity firstcollege, branch community college, technical and thevocational leastinstitute populousdistrict listedor last.learning center district;

and (4) special districts listed in order by voting population of each special district, with the most populous listed first and the least populous listed last.

and (5) local government ballot questions listed h in the same order as the list of local governments in g o Subsection C of this section.

t hr g e E.

When multiple positions for the same nonjudicial i k h r i s office are listed on the same ballot and each position is to be h , t, elected individually:

e u g e 17b l (1) offices designated by district number e e h n d 18d i shall appear on the ballot in ascending numerical order of the = = o h l ] 19b ,d i a º e districts;

ar li = r it 20e w d (2) offices not designated by district number tm e a tn shallo appeard on the ballot in ascending numerical order of the m m: 21 e d position;

providedb thate thed secretarys ofº stateo shallt rn e= 22.217738.1AIC cFebruary e20, r2020 c(8:54am) 23s numericallyk designatem thee positions- on19 the- ballot as "position e a n be 24d one",r "positione two"l and such additional consecutively numbered u [ positionsA asd areSJC/SB necessary,281 and only one member shall beappear .217738.1on -the 19ballot -in SJC/SBascending 281numerical electedorder forof eachthe position;

provided that the secretary of state shall numerically designate the positions on the ballot as "position one", "position two" and such additional consecutively numbered positions as are necessary, and only one member shall be elected for each position;

(1) district, metropolitan and magistrate h court positions, either for partisan election or for u » r nonpartisan judicial retention, shall appear on the ballot in t h g e ascending numerical order of the division number assigned to l i h r i s each position;

h , e h (2) supreme court and court of appeals for et u g e 17b l partisan election shall appear on the ballot in ascending e e , gh n d 18d i = = o h numerical order of the position number designated by the = = l ] 19b ,d i a º r secretary of state for that election, based on the date of the ae l r i= 20t e w d vacancy causing the position to be listed on the ballot;

t e a t provided that if multiple vacancies occurred on the same day, m m 21 e d the positions shall appear on the ballot based on the order of r e 22 c e r c 23 seniority of the justice or judge who vacated the position, e a n bo 24d withm the: highest seniority listed first;

andb ur [e (3)t supremeº courto andt courtn of= appeals.217738.1AIC forFebruary .217738.120, 2020 (8:54am) s k m e - 20 - SJC/SBe 281a nonpartisann judiciale retentiond shallr appeare onl theu ballot[ inA ascendingd numericalSJC/SB order281 ofprovided thethat positionif numbermultiple designatedvacancies byoccurred on the secretarysame ofday, statethe forpositions thatshall election,appear on the ballot based on the order of seniority of the justice or judge seekingwho retention,vacated the position, with the highest seniority listed first."first; SECTION 9.

and (3) supreme court and court of appeals for nonpartisan judicial retention shall appear on the ballot in ascending numerical order of the position number designated by the secretary of state for that election, based on the seniority of the justice or judge seeking retention, with the highest seniority listed first." SECTION 9.

An automatic recount of the vote is required when the canvass of returns indicates that the margin between h the two candidates receiving the greatest number of votes for g o an office, the margin between those supporting and those t hr g e opposing a ballot question or the margin affecting the outcome i k h r i s of a nonpartisan judicial retention election is less than:

h , t, (1) one-fourth percent of the total votes cast e u g e 17b l in that election:

e e h n d 18d i (a) for that office in the case of a = = o h l ] 19b ,d i a º e federal or statewide office;

ar li = r it 20e w d (b) on a ballot question in the case of tm e a tn ao stated ballotm question;:

orb me md 21s eº do (c)t onn a= nonpartisan.217738.1AIC judicialFebruary retention20, r2020 e(8:54am) 22s ck m e r- c21 23- electione ina then casee ofd ther supremee courtl oru the[ courtA ofd eSJC/SB 281 a nstate bballot 24question; appeals;

uor [(c) (2)on one-halfa percentnonpartisan ofjudicial theretention totalelection votesin castthe .217738.1case -of 21the -supreme SJC/SBcourt 281or inthe thatcourt election:of appeals;

(2) one-half percent of the total votes cast in that election:

or (3) one percent of the total votes cast in h that election for that office in the case of any other office.

g o B.

For an office for which ballots were cast in t hr g e i k more than one county, the secretary of state shall file notice h r i s with the state canvassing board upon the completion of the h , t, state canvass that an automatic recount is required, and the e u g e 17b l e e h state canvassing board shall order a recount of the ballots for e e n d 18d i = = o h the specified office.

For an office in which ballots were cast = = l ] 19b ,d i a º e solely within one county, the secretary of state shall file ar li = r it 20e w d notice with the state canvassing board within seven days after t e a t receiving notice from the county clerk following the completion m m 21 e d of the county canvass that an automatic recount is required, r e 22 c e r c 23 and the state canvassing board shall order a recount of the e a n bo 24d ballotsm for: the specified office.

b e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 22 - e a n e d r e l u [ C.A d SJC/SB 281 receiving notice from the county clerk following the completion of the county canvass that an automatic recount is required, and the state canvassing board shall order a recount of the ballots for the specified office.

AutomaticC. recounts shall be conducted pursuant .217738.1 - 22 - SJC/SB 281 to the recount procedures established in Sections 1-14-16 and 1-14-18 through 1-14-23 NMSA 1978." SECTION 10.

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 10.

"certified candidate" means a candidate running for a covered office who chooses to obtain financing pursuant to the Voter Action Act and is certified as a Voter Action Act h candidate;

g o C.

"contested" means there are more candidates for t hr g e a position than the number to be elected to that position;

i k h r i s D.

"contribution" means a gift, subscription, loan, h , t, advance or deposit of money or other thing of value, including e u g e 17b l the estimated value of an in-kind contribution, that is made or e e h n d 18d i received for the purpose of supporting or opposing the = = o h l ] 19b ,d i a º e nomination for election or election of a candidate for public ar li = r it 20e w d office, including payment of a debt incurred in an election tm e a tn campaigno andd also including a coordinated expenditure, but m m: 21 e d "contribution" does not include:

rb e 22d cs º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 23 - e a n e d r ce 23l (1)u [ A d SJC/SB 281 campaign and also including a qualifyingcoordinated contribution;expenditure, but "contribution" does not include:

e(1) a nqualifying bcontribution; 24 (2) the value of services provided without u [ compensation or unreimbursed travel or other personal expenses .217738.1 - 23 - SJC/SB 281 of individuals who volunteer a portion or all of their time on behalf of a candidate;

(2) the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate;

(2) at the request or suggestion of, or in cooperation, consultation or concert with, a candidate, h campaign committee or political party or any agent or g o representative of such a candidate, campaign committee or t hr g e i k political party;

and h r i s (3) for the purpose of:

h , t, (a) supporting or opposing the e u g e 17b l e e h nomination or election of a candidate;

or e e n d 18d i = = o h (b) paying for an advertisement that = = l ] 19b ,d i a º e refers to a clearly identified candidate and that is published ar li = r it 20e w d and disseminated to the relevant electorate in New Mexico tm e a tn withino thirtyd days before the primary election or sixty days m m: 21 e d before the general election in which the candidate is on the r e 22 c e r c 23 ballot;

b e ad s º o t n b= .217738.1AIC February 20, 2020 (8:54am) s k m e - 24 F.- e a n e d r e l u [ A d SJC/SB 281 within thirty days before the primary election or sixty days before the general election in which the candidate is on the ballot;

"coveredF. office" means any office of the u [ judicial department subject to statewide elections [and the .217738.1 - 24 - SJC/SB 281 office of public regulation commissioner ];

"covered office" means any office of the judicial department subject to statewide elections [and the office of public regulation commissioner];

h (1) made by a voter who is eligible to vote g o for the covered office that the applicant candidate is seeking;

t hr g e (2) made during the designated qualifying i k h r i s period and obtained through efforts made with the knowledge and h , t, approval of the applicant candidate;

and e u g e 17b l (3) acknowledged by a receipt that identifies e e h n d 18d i the contributor's name and residential address on forms = = o h l ] 19b ,d i a º e provided by the bureau of elections and that is signed by the ar li = r it 20e w d contributor, one copy of which is attached to the list of tm e a tn contributorso andd sentm to: the bureau of elections;

mb e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m 21e - 25 - e a n e d J.r e l u [ A d SJC/SB 281 contributors and sent to the bureau of elections;

J.

r e 22 c e r c 23 (1) for candidates who are seeking public e a n b 24 financing for a primary election or for both a primary and a u [ general election, the period beginning October 1 immediately .217738.1 - 25 - SJC/SB 281 preceding the election year and ending at 5:00 p.m.

h "1-19A-4.

QUALIFYING CONTRIBUTIONS.-- g o A.

Applicant candidates for all statewide judicial t hr g e i k elective offices shall obtain qualifying contributions [as h r i s follows:

h , t, (1) for all statewide judicial elective e u g e 17b l e e h offices, the number of qualifying contributions] equal to one- e e n d 18d i = = o h tenth of one percent of the number of voters in the state [and = = l ] 19b ,d i a º e (2) for the office of public regulation a l r i 20= commissioner,r the number of qualifying contributions equal to t e aw td one-tenthm ofa onen percento ofcommissioner, the number of votersqualifying incontributions theequal mto m 21 e d districtm of: the office for which the candidate is running].

rb e 22d cs º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 26 - e a n e d r ce 23l B.u [ A d SJC/SB 281 one-tenth of one percent of the number of voters in the district of the office for which the candidate is running].

ApplicantB. candidates may accept qualifying e a n b 24 contributions from persons who become registered within the u [ statutory time frame that would enable [that person ] those .217738.1 - 26 - SJC/SB 281 persons to vote in the primary election.

Applicant candidates may accept qualifying contributions from persons who become registered within the statutory time frame that would enable [that person ] those persons to vote in the primary election.

h (1) financing the election campaigns of g o certified candidates for covered offices;

t hr g e (2) paying administrative and enforcement i k h r i s costs of the Voter Action Act;

and h , t, (3) carrying out all other specified e u g e 17b l provisions of the Voter Action Act.

e e h n d 18d i B.

The state treasurer shall invest the funds as = = o h l ] 19b ,d i a º e other state funds are invested, and all income derived from the ar li = r it 20e w d fund shall be credited directly to the fund.

Remaining tm e a tn balanceso atd the end of a fiscal year shall remain in the fund m m: 21 e d and not revert to the general fund.

rb e 22d cs º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 27 - e a n e d r ce 23l C.u [ A d SJC/SB 281 balances at the end of a fiscal year shall remain in the fund and not revert to the general fund.

MoneyC. received from the following sources shall e a n b 24 be deposited directly into the fund:

uMoney [received (1)from qualifyingthe contributionsfollowing thatsources haveshall beenbe .217738.1deposited -directly 27into - SJC/SB 281 submitted to the secretary;fund:

(1) qualifying contributions that have been submitted to the secretary;

h (5) unspent contributions to a candidate;

g o (6) money distributed to the fund from funds t hr g e i k received pursuant to the Uniform Unclaimed Property Act (1995);

h r i s and h , t, (7) money appropriated by the legislature or e u g e 17b l e e h as otherwise provided by law.

e e n d 18d i = = o h [D.

A subaccount shall be established in the fund, = = l ] 19b ,d i a º e and money in the subaccount shall only be used to pay the costs ar li = r it 20e w d of carrying out the provisions of the Voter Action Act related tm e a tn too publicd regulationm commission: elections.

mb e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m 21e - 28 - e a n e d E.r e l u [ A d SJC/SB 281 to public regulation commission elections.

TwoE. hundred thousand dollars ($200,000) per year r e 22 c e r c 23 shall be collected and deposited in the subaccount for public e a n b 24 regulation commission elections as follows:

uTwo [ (1) one hundred thousand dollars ($100,000)($200,000) .217738.1per -year 28shall -be SJC/SBcollected 281and fromdeposited inspectionin andthe supervisionsubaccount feesfor collectedpublic pursuantregulation tocommission Sectionelections 62-8-8as NMSAfollows: 1978;

(1) one hundred thousand dollars ($100,000) from inspection and supervision fees collected pursuant to Section 62-8-8 NMSA 1978;

By September 1 of each odd-numbered year, the secretary shall determine the amount of money to be distributed to each certified candidate for the election cycle ending with h the next general election, based on the type of election and g o the provisions of Subsections B through G of this section.

t hr g e B.

For contested primary elections, the amount of i k h r i s money to be distributed to a certified candidate is equal to h , t, [the following:

e u g e 17b l (1) for the office of public regulation e e h n d 18d i commissioner, twenty-five cents ($.25) for each voter of the = = o h l ] 19b ,d i a º e candidate's party in the district of the office for which the ar li = r it 20e w d candidate is running;

and tm e a tn (2)o ford the office of justice of the supreme m m: 21 e d court and judge of the court of appeals] fifteen cents ($.15) r e 22 c e r c 23 for each voter of the candidate's party in the state.

b e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 29 - e a n be 24d C.r e l u [ A d SJC/SB 281 (2) for the office of justice of the supreme court and judge of the court of appeals] fifteen cents ($.15) for each voter of the candidate's party in the state.

ForC. uncontested primary elections in which u [ another candidate has filed a declaration of candidacy for .217738.1 - 29 - SJC/SB 281 nomination in another party's primary for the same office and that candidate's primary is contested, the amount of money to be distributed to a certified candidate is equal to twenty percent of the amount specified in Subsection B of this section.

For uncontested primary elections in which another candidate has filed a declaration of candidacy for nomination in another party's primary for the same office and that candidate's primary is contested, the amount of money to be distributed to a certified candidate is equal to twenty percent of the amount specified in Subsection B of this section.

For uncontested primary elections in which another candidate has filed a declaration of candidacy for nomination in another party's primary for the same office, but no primary for the office is contested, the amount of money to be distributed to a certified candidate is equal to the average of the amount each candidate would receive pursuant to h Subsection B of this section.

u » r E.

For contested general elections, the amount of t h g e money to be distributed to a certified candidate is equal to l i h r i s [the following:

h , e h (1) for the office of public regulation et u g e 17b l commissioner, twenty-five cents ($.25) for each voter in the e e , gh n d 18d i = = o h district of the office for which the candidate is running;

and = = l ] 19b ,d i a º r (2) for the office of justice of the supreme ae l r i= 20t e w d court and judge of the court of appeals] fifteen cents ($.15) tm e a tn foro eachd voterm in: the state.

mb r e t º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m 21e - 30 - e a n e d F.r e l u [ A d SJC/SB 281 for each voter in the state.

IfF. a general election race that is initially r e 22 c e r c 23 uncontested later becomes contested because of the e a n b 24 qualification of a candidate for that race, an amount of money u [ shall be distributed to the certified candidate to make that .217738.1 - 30 - SJC/SB 281 candidate's distribution amount equal to the amount distributed pursuant to Subsection E of this section.

If a general election race that is initially uncontested later becomes contested because of the qualification of a candidate for that race, an amount of money shall be distributed to the certified candidate to make that candidate's distribution amount equal to the amount distributed pursuant to Subsection E of this section.

If the total amount to be distributed in the primary election cycle and the estimated total amount to be distributed in the general election cycle taken together exceed the amount h u » r expected to be available in the fund, the secretary shall t h g e allocate the amount available between the primary and general l i h r election cycles.

This allocation shall be based on the ratio i s h , e h of the two total amounts.

et u g e 17b l H.

If the allocation specified in Subsection G of e e , gh n d 18d i this section is greater than the total amount available for = = o h l ] 19b ,d i a º r distribution, then the amounts to be distributed to individual ae l r i= 20t e w d candidates, specified in Subsections B through F of this tm e a tn section,o shalld each be reduced by the same percentage as the m m: 21 e d reduction by which the total amount needed has been reduced r e 22 c e r c 23 relative to the total amount available.

b r e t º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 31 - e a n be 24d I.r e l u [ A d SJC/SB 281 section, shall each be reduced by the same percentage as the reduction by which the total amount needed has been reduced relative to the total amount available.

AtI. least every two years after January 1, 2007, u [ the secretary shall evaluate and modify as necessary the dollar .217738.1 - 31 - SJC/SB 281 values originally determined by Subsections B through F of this section and shall increase the amounts by the percentage of the preceding two calendar years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor.

At least every two years after January 1, 2007, the secretary shall evaluate and modify as necessary the dollar values originally determined by Subsections B through F of this section and shall increase the amounts by the percentage of the preceding two calendar years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor.

h "8-1-1.

COMPENSATION OF ELECTIVE STATE OFFICERS.-- u » r A.

Annual compensation of elective state officers t h g e shall be paid as follows:

l i h r i s governor .

$110,000 h , e h secretary of state .

85,000 et u g e 17b l state auditor .

85,000 e e , gh n d 18d i = = o h state treasurer .

85,000 = = l ] 19b ,d i a º r attorney general .

95,000 ae l r i= 20t e w d commissioner of public lands .

90,000 tm e a tn [publico regulationd commissionerm .:

b r e t º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 32 - e a n e d r e l u [ A d SJC/SB 281 [public regulation commissioner .

m m 21 e d B.

Any person succeeding to the office of governor r e 22 c e r c 23 as provided in Article 5, Section 7 of the constitution of New e a n b 24 Mexico shall receive the salary of the office.

Every person u [ serving as acting governor during the incapacity or absence of .217738.1 - 32 - SJC/SB 281 the governor from the state, other than the secretary of state, shall receive two hundred fifty dollars ($250) as compensation for each day's service as acting governor.

"SHORT TITLE.--[Chapter 8, Article 8 ] Chapter 62, Article h 19 NMSA 1978 may be cited as the "Public Regulation Commission g o Act"." t hr g e SECTION 16.

Section 8-8-2 NMSA 1978 (being Laws 1998, i k h r i s Chapter 108, Section 2) is recompiled as part of the Public h , t, Regulation Commission Act and is amended to read:

e u g e 17b l "DEFINITIONS.--As used in the Public Regulation Commission e e h n d 18d i Act:

= = o h l ] 19b ,d i a º e A.

"commission" means the public regulation ar li = r it 20e w d commission;

tm e a tn B.o d m :

"commissioner"b meanse ad persons [electedº oro ]t mn = .217738.1AIC February 20, 2020 (8:54am) s k m 21e - 33 - e a n e d appointedr toe thel publicu regulation[ commission;A d SJC/SB 281 B.

and"commissioner" rmeans ea 22person c[elected eor r] cappointed 23to C.the public regulation commission;

"person"and meansC. an individual, corporation, firm, e a n b 24 partnership, association, joint venture or similar legal u [ entity." .217738.1 - 33 - SJC/SB 281 SECTION 17.

"person" means an individual, corporation, firm, partnership, association, joint venture or similar legal entity." SECTION 17.

The commission shall annually elect one of its h members [chairman ] chair, who shall preside at hearings.

In g o the absence of the [chairman ] chair, the commission may appoint t hr g e i k any other member to preside." h r i s SECTION 18.

A new section of the Public Regulation h , t, Commission Act is enacted to read:

e u g e 17b l e e h "[NEW MATERIAL] PUBLIC REGULATION COMMISSION NOMINATING e e n d 18d COMMITTEE.--i = = o h COMMITTEE.-- l ] 19b ,d i a º e A.

The "public regulation commission nominating ar li = r it 20e w d m a n o committee" is created and consists of seven members who are:

td e a t (1) knowledgeable about public utility m m: 21 e d r e 22 regulation;

cb e rd cs 23º (2)o nott employedn by= or.217738.1AIC onFebruary behalf20, of2020 or(8:54am) haves ak m e - 34 - e a n be 24d contractr withe al publicu utility[ thatA isd regulatedSJC/SB by281 the(1) uknowledgeable [about commission;public utility regulation;

.217738.1(2) -not 34employed -by SJC/SBor 281on (3)behalf notof applicants or nomineeshave fora contract with a positionpublic onutility that is regulated by the commission;

(3) not applicants or nominees for a position on the commission;

(a) four members appointed one each by the speaker of the house of representatives, the minority floor leader of the house of representatives, the majoritySflºmajority floor leaderleader»Sfl Sflºpresident pro tempore»Sfl of the senate and the minority floor leader of the senate, with no more than two members being from the same political party;

(b) two members appointed one each by the secretary of energy, minerals and natural resources and the h secretary of economic development;

and g o (c) one member who is a member of an t hr g e Indian nation, tribe or pueblo appointed by the governor.

i k h r i s B.

h , t, (1) be a resident of New Mexico;

e u g e 17b l (2) serve a four-year term;

and e e h n d 18d i (3) serve without compensation, but shall be = = o h l ] 19b ,d i a º e reimbursed for expenses incurred in pursuit of the member's ar li = r it 20e w d duties on the committee pursuant to the Per Diem and Mileage tm e a tn Act.o d m :

mb e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m 21e - 35 - e a n e d C.r e l u [ A d SJC/SB 281 Act.

TheC. committee and individual members shall be r e 22 c e r c 23 subject to the Governmental Conduct Act, the Inspection of e a n b 24 Public Records Act, the Financial Disclosure Act and the Open u [ Meetings Act.

.217738.1The -committee 35and -individual SJC/SBmembers 281shall D.be subject to the Governmental Conduct Act, the Inspection of Public Records Act, the Financial Disclosure Act and the Open Meetings Act.

D.

Following the first meeting, the committee shall meet as often as necessary in order to submit a list to the h governor of no fewer than five qualified nominees for g o appointment to the commission for the terms beginning January t hr g e i k 1, 2023.

The list shall be developed to provide geographical h r i s diversity, and nominees on the list shall be from at least h , t, three different counties of the state.

e u g e 17b l e e h G.

Subsequent to January 1, 2023, the committee e e n d 18d i = = o h shall meet at least ninety days prior to the date on which the = = l ] 19b ,d i a º e term of a commissioner ends and as often as necessary ar li = r it 20e w d thereafter in order to submit a list to the governor, at least t e a t thirty days prior to the beginning of the new term, of no fewer m m 21 e d than two qualified nominees from diverse geographical areas of r e 22 c e r c 23 the state for appointment to the commission for each e a n bo 24d commissionerm position: term that is ending.

b e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 36 - e a n e d r e l u [ H.A d SJC/SB 281 thirty days prior to the beginning of the new term, of no fewer than two qualified nominees from diverse geographical areas of the state for appointment to the commission for each commissioner position term that is ending.

UponH. the occurrence of a vacancy in a .217738.1 - 36 - SJC/SB 281 commissioner position, the committee shall meet within thirty days of the date of the beginning of the vacancy and as often as necessary thereafter in order to submit a list to the governor, within sixty days of the first meeting after the vacancy occurs, of no fewer than two qualified nominees from diverse geographical areas of the state for appointment to the commission to fill the remainder of the term of each commissioner position that is vacant.

Upon the occurrence of a vacancy in a commissioner position, the committee shall meet within thirty days of the date of the beginning of the vacancy and as often as necessary thereafter in order to submit a list to the governor, within sixty days of the first meeting after the vacancy occurs, of no fewer than two qualified nominees from diverse geographical areas of the state for appointment to the commission to fill the remainder of the term of each commissioner position that is vacant.

h u » r J.

The committee shall actively solicit, accept and t h g e evaluate applications from qualified individuals for a position l i h r on the commission and may require an applicant to submit any i s h , e h information it deems relevant to the consideration of the et u g e 17b l individual's application.

e e , gh n d 18d i K.

The committee shall select nominees for = = o h l ] 19b ,d i a º r submission to the governor who, in the committee's judgment, ae l r i= 20t e w d are best qualified to serve as a member of the commission.

tm e a tn L.o d m :

Ab majorityr votee oft allº memberso oft then committee= m.217738.1AIC mFebruary 2120, e2020 d(8:54am) ins favork ofm ae person- is37 required- fore thata personn toe bed included r e 22l cu e[ rA cd 23SJC/SB on281 theL. list of qualified nominees submitted to the governor." e a n b 24 SECTION 19.

SectionA 8-8-3.1majority NMSAvote 1978of (beingall Lawsmembers 2013,of uthe [committee Chapterin 64,favor Sectionof 1,a asperson amended) is recompiledrequired asfor partthat ofperson theto .217738.1be -included 37on -the SJC/SBlist 281of Publicqualified Regulationnominees Commissionsubmitted Actto andthe isgovernor." amendedSECTION to19. read:

Section 8-8-3.1 NMSA 1978 (being Laws 2013, Chapter 64, Section 1, as amended) is recompiled as part of the Public Regulation Commission Act and is amended to read:

(1) having a baccalaureate degree from an institution of higher education that has been accredited by a regional or national accrediting body and at least ten years of h professional experience in an area regulated by the commission g o or in the energy sector and involving a scope of work that t hr g e i k includes accounting, public or business administration, h r i s economics, finance, statistics, policy , engineering or law;

or h , t, (2) having [a total of ten years of combined e u g e 17b l e e h professional experience as described in Paragraph (1) of this e e n d 18d i = = o h subsection and] higher education resulting in at least a = = l ] 19b ,d i a º e professional license or a [baccalaureate ] post-graduate degree a l r i 20= fromr an institution of higher education that has been t e aw td accredited by a regional or national accrediting body in a m m 21 e d field related to an area regulated by the commission, including r e 22 c e r c 23 accounting, public or business administration, economics, e a n bo 24from finance,an statistics,institution policyof ,higher engineeringeducation orthat law,has andbeen atd leastm u: [ ten years of professional experience within the person's field.

.217738.1b e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 38 - e a n e d r e l u [ A d SJC/SB 281 C.accredited by a regional or national accrediting body in a field related to an area regulated by the commission, including accounting, public or business administration, economics, finance, statistics, policy , engineering or law, and at least ten years of professional experience within the person's field.

C.

As used in this section, "professional experience" means employment in which the [candidate or ] prospective appointee for commissioner regularly made decisions h requiring discretion and independent judgment and:

g o (1) engaged in policy analysis, research, t hr g e consumer advocacy or implementation in an area regulated by the i k h r i s commission or in the energy sector;

h , t, (2) managed, as the head, deputy head or e u g e 17b l division director, a federal, state, tribal or local government e e h n d 18d i department or division responsible for utilities, energy = = o h l ] 19b ,d i a º e policy, transportation or construction;

or a l r i 20= (3)r managed a business or organization t e aw td regulated(3) bymanaged thea commissionbusiness or inorganization the energy sector that had m ma 21n eo d fivem or: more employees during the time it was managed by the r e 22 c e r c 23 [candidate or] prospective appointee.

b e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 39 - e a n be 24d [C.r e l u [ A d SJC/SB 281 regulated by the commission or in the energy sector that had five or more employees during the time it was managed by the [candidate or ] prospective appointee.

A[C. candidate for election to the office of u [ commissioner shall certify by notarized affidavit that the .217738.1 - 39 - SJC/SB 281 candidate meets the requirements of Subsection A of this section to be filed with the declaration of candidacy.

A candidate for election to the office of commissioner shall certify by notarized affidavit that the candidate meets the requirements of Subsection A of this section to be filed with the declaration of candidacy.

A voter may challenge the candidacy for election to the office of commissioner of any person seeking nomination for the reason that the person seeking nomination does not meet the requirements of Subsection A of this section or that the h affidavit of the person seeking nomination does not contain u » r sufficient information to determine if the person meets the t h g e requirements of Subsection A of this section.

The challenge l i h r i s shall be made by filing a petition in the district court within h , e h ten days after the last day for filing a declaration of et u g e 17b l candidacy or a statement of candidacy for convention e e , gh n d 18d i = = o h designation, which petition shall be heard in the same manner = = l ] 19b ,d i a º r as provided in Subsection E of Section 1-8-26 NMSA 1978.]" ae l r i= 20t e w d SECTION 20.

Section 8-8-3.2 NMSA 1978 (being Laws 2013, tm e a tn Chaptero 64,d Section 2) is recompiled as part of the Public m m: 21 e d Regulation Commission Act and is amended to read:

b r e 22t cº eo rt cn 23= "CONTINUING.217738.1AIC EDUCATIONFebruary REQUIREMENTS20, FOR2020 COMMISSIONERS.--(8:54am) s k m e - 40 - e a n be 24d A.r e l u [ A d SJC/SB 281 Chapter 64, Section 2) is recompiled as part of the Public Regulation Commission Act and is amended to read:

Beginning"CONTINUING JulyEDUCATION 1,REQUIREMENTS 2013,FOR aCOMMISSIONERS.-- commissionerA. shall u [ complete:

.217738.1Beginning -July 401, -2013, SJC/SB 281 (1) an ethics certificate course provided in person or online by a New Mexico public post-secondary educational institution in the first twelve-month period after taking office and at least one two-hour ethics course in each subsequent twelve-month period that the commissioner servesshall incomplete: office;

(1) an ethics certificate course provided in person or online by a New Mexico public post-secondary educational institution in the first twelve-month period after taking office and at least one two-hour ethics course in each subsequent twelve-month period that the commissioner serves in office;

Continuing education courses shall be endorsed by the national association of regulatory utility commissioners or by the relevant licensing or professional association for a qualifying h u » r area of study for degree holders pursuant to this section.

t h g e B.

A commissioner shall be responsible for having l i h r the endorsing organization submit certification of completion i s h , e h of the hours of education required pursuant to Subsection A of et u g e 17b l this section to the commission's chief of staff.

e e , gh n d 18d i C.

[As an exception to Section 8-1-1 NMSA 1978 ] If = = o h l ] 19b ,d i a º r a commissioner fails to comply with the education requirements ae l r i= 20t e w d in Subsection A of this section by the last day of a t e a t twelve-month period, the commissioner's compensation for m m 21 e d performing the duties of the office shall be withheld by the r e 22 c e r c 23 commission until the requirements for the preceding e a n bo 24d twelve-monthm period: or periods have been met." u [ SECTION 21.

Sectionb 8-8-18r NMSAe 1978t (beingº Lawso 1998,t .217738.1n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 41 - e a n e d r e l u [ A d SJC/SB 281 Chaptertwelve-month 108,period, Sectionthe 18)commissioner's iscompensation recompiledfor asperforming partthe duties of the Publicoffice Regulationshall Commissionbe Actwithheld andby isthe amendedcommission tountil read:the requirements for the preceding twelve-month period or periods have been met." SECTION 21.

Section 8-8-18 NMSA 1978 (being Laws 1998, Chapter 108, Section 18) is recompiled as part of the Public Regulation Commission Act and is amended to read:

(1) when [he ] the commissioner or hearing examiner has a personal bias or prejudice concerning a party or h its representative or has prejudged a disputed evidentiary fact g o involved in a proceeding prior to hearing.

For the purposes of t hr g e i k this paragraph, "personal bias or prejudice" means a h r i s predisposition toward a person based on a previous or ongoing h , t, relationship, including a professional, personal, familial or e u g e 17b l e e h other intimate relationship, that renders the commissioner or e e n d 18d i = = o h hearing examiner unable to exercise [his ] the commissioner's or = = l ] 19b ,d i a º e hearing examiner's functions impartially;

a l r i 20= (2)r when [he ] the commissioner or hearing t e aw td examinerm has a pecuniaryn interesto in(2) thewhen outcome[he of] the mcommissioner mor 21hearing e d proceedingm other: than as a customer of a party;

rb e 22d cs eº ro ct 23n (3)= when.217738.1AIC inFebruary previous20, employment2020 [he(8:54am) ]s thek m e - 42 - e a n be 24d commissionerr ore hearingl examineru served[ asA and attorney,SJC/SB u281 [examiner adviser,has consultanta orpecuniary witnessinterest in the matteroutcome inof controversy;the proceeding other than as a customer of a party;

or(3) .217738.1when -in 42previous -employment SJC/SB[he 281 (4) when, as a [candidate for ] nominee for appointment to the officecommissioner ofor publichearing regulationexaminer commissioner,served [he]as thean nomineeattorney, announcedadviser, howconsultant [he] the nominee would rule on the adjudicatory proceeding or awitness factual issue in the adjudicatorymatter proceeding.in controversy;

or (4) when, as a [candidate for ] nominee for appointment to the office of public regulation commissioner, [he] the nominee announced how [he] the nominee would rule on the adjudicatory proceeding or a factual issue in the adjudicatory proceeding.

If the commissioner or hearing examiner declines to self recuse [himself] upon request of a party, [he] the commissioner or h hearing examiner shall provide a full explanation in support of g o [his] the refusal [to recuse himself]." t hr g e SECTION 22.

Section 8-8-19 NMSA 1978 (being Laws 1998, i k h r i s Chapter 108, Section 19) is recompiled as part of the Public h , t, Regulation Commission Act and is amended to read:

e u g e 17b l "PROHIBITED ACTS--[CANDIDATES ] NOMINEES--COMMISSIONERS AND e e h n d 18d i EMPLOYEES.-- = = o h l ] 19b ,d i a º e A.

As used in this section, in addition to the ar li = r it 20e w d definitions provided in Section [2 of the Public Regulation tm e a tn Commissiono Act]d 8-8-2m NMSA: 1978:

mb m 21 e d (1)s "affiliatedº interest"o meanst an person= who.217738.1AIC rFebruary e20, 222020 c(8:54am) es rk cm 23e directly- controls43 or- is controlled by or is under common e a n be 24d controlr withe al regulated entity, including an agent, u [ representative,A attorney,d employee, officer, owner, director or .217738.1 - 43 - SJC/SB 281 partnerCommission ofAct an] affiliated8-8-2 interest.NMSA 1978:

(1) "affiliated interest" means a person who directly controls or is controlled by or is under common control with a regulated entity, including an agent, representative, attorney, employee, officer, owner, director or partner of an affiliated interest.

(2) "intervenor" means a person who is intervening as a party in an adjudicatory matter or commenting in a rulemaking pending before the commission or has intervened in an adjudicatory or rulemaking matter before the commission within the preceding twenty-four months, including an agent, h representative, attorney, employee, officer, owner, director, u » r partner or member of an intervenor;

t h g e (3) "pecuniary interest" includes owning or l i h r i s controlling securities;

serving as an officer, director, h , e h partner, owner, employee, attorney or consultant;

or otherwise et u g e 17b l benefiting from a business relationship.

"Pecuniary interest" e e , gh n d 18d i = = o h does not include an investment in a mutual fund or similar = = l ] 19b ,d i a º r third-party-controlled investment, pension or disability ae l r i= 20t e w d benefits or an interest in capital credits of a rural electric tm e a tn cooperativeo ord telephone cooperative because of current or past m m: 21 e d patronage;

andb r e 22t cº eo rt cn 23= (4).217738.1AIC "regulatedFebruary entity"20, means2020 a(8:54am) persons whosek m e a- n44 b- 24e chargesa forn servicese tod ther publice arel regulated by the u [ commissionA andd includes any direct or emerging competitors of a .217738.1 - 44 - SJC/SB 281 regulatedcooperative entityor andtelephone includescooperative anbecause agent,of representative,current attorney, employee, officer, owner, director or partnerpast ofpatronage; the regulated entity.

and (4) "regulated entity" means a person whose charges for services to the public are regulated by the commission and includes any direct or emerging competitors of a regulated entity and includes an agent, representative, attorney, employee, officer, owner, director or partner of the regulated entity.

A [candidate for election ] nominee for appointment to the [public regulation] commission shall not h solicit or accept g o [(1)] anything of value, either directly or t hr g e indirectly, from a person whose charges for services to the i k h r i s public are regulated by the commission.

For the purposes of h , t, this [paragraph ] subsection, "anything of value" includes e u g e 17b l money, in-kind contributions and volunteer services to the e e h n d 18d i [candidate or his campaign ] nominee or the nominee's = = o h l ] 19b ,d i a º e organization, but does not include pension or disability a l r i 20= benefitsr [or t e aw td (2)benefits more[or than five hundred dollars ($500) per m ma 21n eo d electionm from: any other person].

rb e 22d cs º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 45 - e a n e d r ce 23l D.u [ A d SJC/SB 281 (2) more than five hundred dollars ($500) per election from any other person].

AD. commissioner or employee of the commission e a n b 24 shall not:

uA [commissioner (1)or acceptemployee anything of valuethe fromcommission ashall regulatednot: .217738.1 - 45 - SJC/SB 281 entity, affiliated interest or intervenor.

(1) accept anything of value from a regulated entity, affiliated interest or intervenor.

(b) inexpensive promotional items that are available to all customers of the regulated entity, h affiliated interest or intervenor;

or g o (c) pension or disability benefits t hr g e i k received from a regulated entity, affiliated interest or h r i s intervenor;

h , t, (2) have a pecuniary interest in a regulated e u g e 17b l e e h entity, affiliated interest or intervenor, and if a pecuniary e e n d 18d i = = o h interest in an intervenor develops, the commissioner or = = l ] 19b ,d i a º e employee shall divest [himself of ] that interest or self recuse ar li = r it 20e w d [himself] from the proceeding with the intervenor interest;

or tm e a tn (3)o solicitd any regulated entity, affiliated m m: 21 e d interest or intervenor to appoint a person to a position or r e 22 c e r c 23 employment in any capacity.

b e d s º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 46 - e a n be 24d E.r e l u [ A d SJC/SB 281 (3) solicit any regulated entity, affiliated interest or intervenor to appoint a person to a position or employment in any capacity.

E.

u [ (1) a former commissioner shall not be .217738.1 - 46 - SJC/SB 281 employed or retained in a position that requires appearances before the commission by a regulated entity, affiliated interest or intervenor within two years of [his ] the former commissioner's separation from the commission;

and (3) a former commissioner or employee shall not represent a party before the commission or a court in a matter that was pending before the commission while the h commissioner or employee was associated with the commission and g o in which [he][he ] the former commissioner or employee was t hr g e personally and substantially involved in the matter.

i k h r i s F.

The attorney general or a district attorney may h , t, institute a civil action in the district court for Santa Fe e u g e 17b l county or, in [his ] the attorney general's or a district e e h n d 18d i attorney's discretion, the district court for the county in = = o h l ] 19b ,d i a º e which a defendant resides if a violation of this section has ar li = r it 20e w d occurred or to prevent a violation of this section.

A civil t e a t penalty may be assessed in the amount of two hundred fifty m m 21 e d dollars ($250) for each violation, not to exceed five thousand r e 22 c e r c 23 dollars ($5,000)." e a n bo 24d SECTIONm 23.:

Sectionb 10-11-26.2e NMSAd 1978s (beingº Lawso t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 47 - e a n e d r e l u [ 1994,A Chapterd 128,SJC/SB Section281 3,penalty asmay amended)be isassessed amendedin the amount of two hundred fifty dollars ($250) for each violation, not to read:exceed five thousand dollars ($5,000)." SECTION 23.

.217738.1Section -10-11-26.2 47NMSA -1978 SJC/SB(being 281Laws "10-11-26.2.1994, Chapter 128, Section 3, as amended) is amended to read:

"10-11-26.2.

(1) for a member who on or before June 30, 2013 was a peace officer and for a member who is not a peace officer but was a retired member or a member on June 30, 2013, the age and service credit requirements for normal retirement are:

(b) age sixty-four years and eight or h more years of service credit;

g o (c) age sixty-three years and eleven or t hr g e i k more years of service credit;

h r i s (d) age sixty-two years and fourteen or h , t, more years of service credit;

e u g e 17b l e e h (e) age sixty-one years and seventeen or e e n d 18d i = = o h more years of service credit;

= = l ] 19b ,d i a º e (f) age sixty years and twenty or more ar li = r it 20e w d m a n o years of service credit;

or td e a t (g) any age and twenty-five or more m m: 21 e d years of service credit;

rb e 22d cs eº ro ct 23n (2)= for.217738.1AIC aFebruary member20, who2020 is(8:54am) nots ak peacem officer e a- n48 b- 24e anda wasn note ad retiredr membere orl au member[ onA Juned 30,SJC/SB 2013,281 the(g) uany [ age and servicetwenty-five requirementsor formore normalyears retirementof are:service credit;

.217738.1(2) -for 48a -member SJC/SBwho 281is (a)not agea sixty-fivepeace yearsofficer orand olderwas andnot eighta retired member or morea yearsmember ofon June 30, 2013, the age and service credit;requirements for normal retirement are:

(a) age sixty-five years or older and eight or more years of service credit;

or h (b) any age and twenty-five or more g o years of service credit;

and t hr g e (4) for a member who on or after January 1, i k h r i s 2023 becomes a public regulation commission commissioner, who h , t, was not a retired member or a member prior to January 1, 2023 e u g e 17b l and whose service credit is limited to service as a e e h n d 18d i commissioner, the age and service requirement for normal = = o h l ] 19b ,d i a º e retirement is age sixty-five years or older and six or more ar li = r it 20e w d years of service credit.

tm e a tn B.o d m :

Asb used in this section, "peace officer" means m m 21 e d anys employeeº ofo thet staten with= a.217738.1AIC dutyFebruary to20, maintain2020 public(8:54am) orders rk em 22 c e r- c49 23- or to make arrests for crime, whether that duty extends to all e a n be 24d crimesr ore isl limited to specific crimes, and who is not u [ specificallyA coveredd by another coverage plan." .217738.1 - 49 - SJC/SB 281 SECTIONB. 24.

As used in this section, "peace officer" means any employee of the state with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes, and who is not specifically covered by another coverage plan." SECTION 24.

REPEAL.--Sections 8-7-1 through 8-7-11 NMSA 1978 (being Laws 1997, Chapter 262, Sections 1 through 5 and h Laws 2001 (1st S.S.), Chapter 3, Section 8, as amended) are u » r repealed.

t h g e SECTION 26.

CONTINGENT EFFECTIVE DATE.--The provisions of l i h r i s this act shall become effective on the following dates upon h , e h certification by the secretary of state that the constitution et u g e 17b l of New Mexico has been amended as proposed by a joint e e , gh n d 18d i = = o h resolution of the first session of the fifty-fourth = = l ] 19b ,d i a º r legislature, entitled "A JOINT RESOLUTION PROPOSING TO AMEND ae l r i= 20t e w d THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT THE PUBLIC t e a t REGULATION COMMISSION CONSIST OF THREE MEMBERS APPOINTED BY THE m m 21 e d r e 22 GOVERNOR FROM A LIST OF PROFESSIONALLY QUALIFIED NOMINEES c e r c 23 SUBMITTED TO THE GOVERNOR BY A NOMINATING COMMITTEE AS PROVIDED e a n bo 24d BYm LAW: AND THAT THE COMMISSION IS REQUIRED TO REGULATE PUBLIC u [ UTILITIES AND MAY BE REQUIRED TO REGULATE OTHER PUBLIC SERVICE .217738.1 - 50 - SJC/SB 281 COMPANIES".

b r e t º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e - 50 - e a n e d r e l u [ A d SJC/SB 281 REGULATION COMMISSION CONSIST OF THREE MEMBERS APPOINTED BY THE GOVERNOR FROM A LIST OF PROFESSIONALLY QUALIFIED NOMINEES SUBMITTED TO THE GOVERNOR BY A NOMINATING COMMITTEE AS PROVIDED BY LAW AND THAT THE COMMISSION IS REQUIRED TO REGULATE PUBLIC UTILITIES AND MAY BE REQUIRED TO REGULATE OTHER PUBLIC SERVICE COMPANIES".

- 51 - 8h 10u 12» 14r 16t eh g e 17l ei h r i s h , e nh dt 18u =g =e b l ]e 19e a, lgh rn id 20d ti e= a= to mh ml 21] eb d,d ri ea 22º cr e r c= 23t e w d m a n bo 24d um [: .217738.1

b r e t º o t n = .217738.1AIC February 20, 2020 (8:54am) s k m e e a n e d r e l u [ A d