New Mexico Register / Volume XXIX, Issue 4 / February 27, 2018

Notice of rule hearing

The NM Secretary of State’s Office (“Office”) hereby gives notice that the Office will conduct a public hearing to obtain public input on the repeal of 1.10.10 NMAC, Ballot Position: Supreme Court or Court of Appeals and an amendment to sections 8 and 10 of 1.10.11 NMAC, Order of Offices on the Ballot.

The hearing is scheduled to occur on Friday, March 30, 2018 from 9:00 am to 11:00 am at the State Capitol Building, 490 Old Santa Fe Trail Room 321, Santa Fe, New Mexico.

Authority: Sections 1-2-1 and 1-10-8 NMSA 1978.

Purpose: The Secretary of State proposes to repeal 1.10.10 NMAC and amend relevant content from this rule into 1.10.11 NMAC for uniformity and readability to address the order of Supreme Court or Court of Appeals vacancies in the event that there are more than one to appear on the primary or general election ballot. Furthermore, a new section 10 is proposed for 1.10.11 NMAC to address the process of handling the possibility of an odd number of candidates for governor and lieutenant governor filing to appear on the primary or general election ballot to ensure compliance with the New Mexico State Constitution Article 5, Section 1.

Summary of full text: Relating to the order and appearance of the primary and general election ballot; establishing the process for ensuring compliance with the New Mexico State Constitution Article 5, Section 1, in which the governor and lieutenant governor shall be elected jointly by the casting by each voter of a single vote applicable to both offices during the general election.

Interested individuals may provide comments at the public hearing and/or submit written or electronic comments to Kari Fresquez, State Elections Director, via email at sos.rules@state.nm.us, fax (505)827-8081, or mail to Attn: Kari Fresquez - proposed rule, Secretary of State, 325 Don Gaspar, Suite 300, Santa Fe, NM 87501.

Written comments must be received no later than 5:00 pm on the Thursday prior to the first public hearing. However, the submission of written comments as soon as possible is encouraged. Persons may also submit written comments at the public hearing.

Copies of the proposed rule are available for download on the Office’s website at http://www.sos.state.nm.us/ and available at the Office of the Secretary of State located at 325 Don Gaspar Suite 300, Santa Fe, NM 87501. A copy of the proposed rule may also be requested by contacting the Bureau of Elections at (505) 827-3600.

Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend or participate in the public hearing are asked to contact Ms. Fresquez at (505) 827-3600 as soon as possible to provide requested special accommodations.