House Bill 540

HOUSE BILL 540

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Linda Serrato and Janelle Anyanonu and Michelle Paulene Abeyta

 

 

 

 

 

AN ACT

RELATING TO ELECTIONS; ESTABLISHING ELIGIBILITY REQUIREMENTS AND PROCEDURES TO FILL A VACANCY IN THE OFFICE OF REPRESENTATIVE AND IN THE OFFICE OF SENATOR; REQUIRING BOARDS OF COUNTY COMMISSIONERS TO ESTABLISH PROCEDURES TO FILL VACANCIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 2-7F-4 NMSA 1978 (being Laws 2021 (2nd S.S.), Chapter 6, Section 4) is amended to read:

     "2-7F-4. ELECTIONS--VACANCIES--ELIGIBILITY--BOARDS OF COUNTY COMMISSIONERS PROCEDURES.--

          A. For purposes of this section, "eligible individual" means an individual who is registered to vote in and who resides in the district for which the individual will serve when appointed; provided that the individual shall have been registered to vote and have resided in that district continuously since the date of the secretary of state's proclamation for the most recent previous general election.

          [A.] B. Members of the house of representatives shall be elected for terms of two years.

          [B.] C. If a vacancy occurs in the office of representative for any reason, the vacancy shall be filled as follows:

                (1) for a representative district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the representative to fill the vacancy pursuant to the procedures provided in Subsections D and E of this section; and

                (2) for a representative district situated within two or more counties:

                     (a) the board of county commissioners of each county in the representative district shall submit one name of an eligible individual to the governor; and

                     (b) the governor shall appoint the representative to fill the vacancy from the list of names of eligible individuals so submitted within seven business days of receiving the list; provided that if one or more boards of county commissioners has not submitted a name to the governor within thirty days of the notice of vacancy, the governor may appoint a representative from any names submitted.

          D. Except as provided in Subsection E of this section, when a board of county commissioners is required to fill a vacancy in the house of representatives by appointment, the board shall:

                (1) solicit and accept applications from eligible individuals immediately following the vacancy;

                (2) announce the date of a special public meeting within two business days of the vacancy; and

                (3) hold the special public meeting within three weeks of the vacancy, at which the board shall vote by ballot to make the appointment, to be administered by the county clerk.

          E. If a vacancy in the house of representatives occurs during a legislative session, the board shall solicit and accept applications from eligible individuals immediately following the vacancy and vote by ballot to appoint a successor within five business days of the vacancy to be administered by the county clerk.

          [C.] F. An appointment to fill a vacancy in the house of representatives shall be for a term ending on December 31 after the next general election.

          [D. An appointment to fill a vacancy made before the general election of 2022 shall be made from the district as it was described in Section 2-7E-1 NMSA 1978, as established by the court in Egolf v. Duran, D-101-CV-2011-02942 (1st Dist. Ct., Judgment and Final Order on Remand (State House of Representatives Trial) filed February 28, 2012)]

           G. On or after the general election of 2022, a vacancy shall be filled by appointment from the district as set out in the 2021 House Redistricting Act.

          H. By January 1, 2026, each board of county commissioners shall adopt a procedure to be used when the board considers appointments to fill future vacancies in the house of representatives. The procedure shall provide that:

                (1) each commissioner shall rank in ascending order of preference the top five candidates seeking appointment to the vacancy; or

                (2) if fewer than five candidates applied for appointment to the vacancy, each commissioner shall rank in ascending order of preference the candidates seeking appointment to the vacancy."

     SECTION 2. Section 2-8F-4 NMSA 1978 (being Laws 2021 (2nd S.S.), Chapter 7, Section 4) is amended to read:

     "2-8F-4. ELECTIONS--VACANCIES.--

          A. For purposes of this section, "eligible individual" means an individual who is registered to vote in and who resides in the district for which the individual will serve when appointed; provided that the individual shall have been registered to vote and have resided in that district continuously since the date of the secretary of state's proclamation for the most recent previous general election.

          [A.] B. Members of the senate shall be elected for terms of four years.

          [B.] C. If a vacancy occurs in the office of senator for any reason, the vacancy shall be filled as follows:

                (1) for a senate district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the senator to fill the vacancy pursuant to the procedures provided in Subsections D and E of this section; and

                (2) for a senate district situated within two or more counties:

                     (a) the board of county commissioners of each county in the senate district shall submit one name of an eligible individual to the governor; and

                     (b) the governor shall appoint the senator to fill the vacancy from the list of names of eligible individuals so submitted within seven business days of receiving the list; provided that if one or more boards of county commissioners has not submitted a name to the governor within thirty days of the notice of vacancy, the governor may appoint a representative from any names submitted.

          D. Except as provided in Subsection E of this section, when a board of county commissioners is required to fill a vacancy in the senate by appointment, the board shall:

                (1) solicit and accept applications from eligible individuals immediately following the vacancy;

                (2) announce the date of a special public meeting within two business days of the vacancy; and

                (3) hold the special public meeting within three weeks of the vacancy, at which the board shall vote by ballot to make the appointment, to be administered by the county clerk.

          E. If a vacancy occurs in the office of senator during a legislative session, the board shall solicit and accept applications from eligible individuals immediately following the vacancy and vote by ballot to appoint a successor within five business days of the vacancy to be administered by the county clerk.

          [C.] F. All appointments to fill vacancies in the senate shall be for a term ending on December 31 subsequent to the next succeeding general election, at which general election [a person] an individual shall be elected to fill the remainder of any unexpired term.

          [D. An appointment to fill a vacancy made before the general election of 2024 shall be made from the district as it was described in Section 2-8E-1 NMSA 1978, as established by the court in Egolf v. Duran, D-101-CV-2011-02942 (1st Dist. Ct., Judgement and Final Order (State Senate Trial) filed January 25, 2012)]

          G. On or after the general election of 2024, a vacancy shall be filled by appointment from the district as set out in the 2021 Senate Redistricting Act.

          H. By January 1, 2026, each board of county commissioners shall adopt a procedure to be used when the board considers appointments to fill future vacancies in the senate. The procedure shall provide that:

                (1) each commissioner shall rank in ascending order of preference the top five candidates seeking appointment to the vacancy; or

                (2) if fewer than five candidates applied for appointment to the vacancy, each commissioner shall rank in ascending order of preference the candidates seeking appointment to the vacancy."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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