Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Source Description
This file contains:
Joseph Adams to Betty Fiorina, re: Request for expenditures forms, New Mexico. 2 pages with attachments. [Letter], 11/3/1972
Betty Fiorina to candidate's participating in primary election, re: Candidate's Statement of Eelection Expenses. 7 pages including multiples. [Memo], 6/8/1972
John Dean to John Keller, re: Forward copies of reports filed, New Mexico. 1 page. [Letter], 6/16/1972
Noble Melencamp to Dave Wilson, re: Guess what! 1 page. [Other Document], 6/13/1972
New Mexico 1972 Primary Election Calendar. 8 pages only cover scanned. [Brochure], 1972
Chapter 39: Senate rules Committee Substitute for House Bill No. 42. 5 pages. [Report], n.d.
Betty Fiorina to Nixon, re: Primary Nominating Committee nominating Presedential Primary Candidates, New Mexico. 11 pages with attachements. [Letter], 1/26/1972
Scholar Source Context
Document identity
localId
26126630
label
WHSF: Returned, 24-9
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
26126630
sourceUrl
contentType
document
title
WHSF: Returned, 24-9
description
This file contains:
Joseph Adams to Betty Fiorina, re: Request for expenditures forms, New Mexico. 2 pages with attachments. [Letter], 11/3/1972
Betty Fiorina to candidate's participating in primary election, re: Candidate's Statement of Eelection Expenses. 7 pages including multiples. [Memo], 6/8/1972
John Dean to John Keller, re: Forward copies of reports filed, New Mexico. 1 page. [Letter], 6/16/1972
Noble Melencamp to Dave Wilson, re: Guess what! 1 page. [Other Document], 6/13/1972
New Mexico 1972 Primary Election Calendar. 8 pages only cover scanned. [Brochure], 1972
Chapter 39: Senate rules Committee Substitute for House Bill No. 42. 5 pages. [Report], n.d.
Betty Fiorina to Nixon, re: Primary Nominating Committee nominating Presedential Primary Candidates, New Mexico. 11 pages with attachements. [Letter], 1/26/1972
citationUrl
collections
Richard M. Nixon's Returned Materials Collection
Returned White House Special Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
26126630
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
d71e58b596e08e8b
ocrText
Richard Nixon Presidential Library
White House Special Files Collection
Folder List
Box Number
Folder Number
Document Date
Document Type
Document Description
24
9
11/03/1972
Letter
Joseph Adams to Betty Fiorina, re: Request
for expenditures forms, New Mexico. 2
pages with attachments.
24
9
06/08/1972
Memo
Betty Fiorina to candidate's participating in
primary election, re: Candidate's Statement
of Eelection Expenses. 7 pages including
multiples..
24
9
06/16/1972
Letter
John Dean to John Keller, re: Forward copies
of reports filed, New Mexico. 1 page.
24
9
06/13/1972
Other Document
Noble Melencamp to Dave Wilson, re: Guess
what! 1 page.
24
9
1972
Brochure
New Mexico 1972 Primary Election
Calendar. 8 pages only cover scanned.
24
9
n.d.
Report
Chapter 39: Senate rules Committee
Substitute for House Bill No. 42. 5 pages.
Tuesday, May 08, 2007
Page 1 of 2
Box Number Folder Number Document Date
Document Type
Document Description
24
9
01/26/1972
Letter
Betty Fiorina to Nixon, re: Primary
Nominating Committee nominating
Presedential Primary Candidates, New
Mexico. 11 pages with attachements.
Tuesday, May 08, 2007
Page 2 of 2
the
Re-election
chine President
1701 PENNSYLVANIA AVENUE, N.W., WASHINGTON, D.C. 20006 (202) 333-0920
Suite 872
November 3, 1972
The Honorable Betty Fiorina
Secretary of State
State of New Mexico
Legislative-Executive Building
Santa Fe, New Mexico 87501
Dear Mrs. Fiorina:
Please send to me at the above address copies of the forms on
which candidates for the Presidency are to file itemized statements
of expenditures within ten days after the date of the General Elec-
tion.
It is our understanding that the President will have to file
two such statements - one on his own behalf (NMSA 3-19-9) and one
on behalf of any persons who have supported him (NMSA 3-19-11).
Sincerely yours,
Joseph J. Adams
Asst. General Counsel
JJA/awb
COMMITTEE FOR THE RE-ELECTION OF THE PRESIDENT
11/9/72
]
David --
Attached are copies of what I have sent
re New Mexico and Nebraska.
Joe
State of New Mexico
Office of the Secretary of State
THE
STATE
U.S.
SEAL
ILLINOIS
1912
Betty Furina
Ruben fliera
Secretary of State
Santa Dr. New filexico 87601
Assistant
CERTIFIED MAIL
June 8, 1972
MEMORANDUM
TO:
CANDIDATES PARTICIPATING IN THE JUNE 6, 1972, PRIMARY
ELECTION
FROM:
BETTY FIORINA, SECRETARY OF STATE
Luey Febrica
SUBJECT: CANDIDATE'S STATEMENT OF ELECTION EXPENSES
Pursuant to Section 3-19-2, Chapter 317, New Mexico Laws of
1971, enclosed you will find three copies of the "Candidate's
Statement of Election Expenses" form. NO LATER THAN JUNE 16, 1972,
these forms must be completed and filed with the officer (Secretary
of State or County Clerk) with whom your Declaration of Candidacy
was filed.
I am enclosing for your information Sections 3-19-1 through
3-19-7 of the New Mexico Election Handbook.
Enclosures
206
LAWS OF 1959
CHAP. 240
"3-19-1. CAMPAIGN PRACTICES--PRIMARY ELECTION--EXPENDITURE OF
PARTY MONEY
A. No contribution of money, or the equivalent thereof,
made directly or indirectly to any political party, to any political
party committee, to members of any political party committee or to
any person representing or acting on behalf of a political party, and
no money in the treasury of any political party or political party
committee shall be expended directly or indirectly in the aid of the
nomination at a primary election of any one or more persons as against
any one or more other persons of the same political party running in
such primary election.
B. Any person who expends money, or is responsible for the
expenditure of money, in violation of this section is guilty of a
petty misdemeanor. "
Section 406. A new Section 3-19-2 NMSA 1953 is enacted to read:
Section 23. Section 3-19-2 NMSA 1953 (being Laws 1969, Chapter
"3-1
240, Section 406) is amended to read:
EXPENDITO
"3-19-2. CAMPAIGN PRACTICES--PRIMARY ELECTIONS--REPORT OF
of
EXPENDITURES At the time of the filing of his declaration of
parti
candidacy each candidate in the primary election shall be given a
INDED, CHAPTER 317
cipating
form for the filing of an itemized statement of expenditures. Within
LAWS OF 1971
five days after the primary election, the secretary of state shall by
certified mail send to each candidate participating therein a notice
of the deadline for filing of the itemized statement of expenditures.
expenditu
Within ten days after the primary election, a candidate participating
therein shall file an itemized statement of expenditures on forms
to
prescribed and furnished by the secretary of state. The itenized
statement shall be subscribed and sworn to by the candidate."
Section 407. A new Section 3-19-3 NMSA 1953 is enacted to read:
CHAP. 240
LAWS OF 1969
207
"3-19-3. CAMPAIGN PRACTICES--PRIMARY ELECTION ITEMIZED STATE-
MENTS CONTENTS
A. The itemized statement of expenditures filed by each
candidate after the primary election shall set forth in detail each
item showing the full and complete record of the candidate's expendi-
tures of money, or other things of value and the cost thereof, in-
cluding all promises to pay money or other things of value, as well
as all treats, presents or favors which cost money or other things
of value either present or future, which were intended for the purpose
of aiding, or that could have a tendency to aid, the success of the
candidate in the primary election.
B. As used in this section, "itemized statement" means
listing a class of like expenditures by each item within that class
separately and not as one item. Each item of printing shall be set
out separately and each advertisement in a newspaper, on radio, tele-
vision or billboard shall be specifically set forth with the cost
thereof. "
Section 408. A new Section 3-19-4 NMSA 1953 is enacted to read:
"3-19-4. CAMPAIGN PRACTICES--PRIMARY ELECTION--EXPENDITURES
MADE ON CANDIDATE'S BEHALF At the same time and place that he files
the itemized statement of expenditures, the candidate who participated
in the primary election shall also file a like itemized statement for
each of the persons named by him as authorized to expend money or
other things of value on behalf of his candidacy in the primary
election, even though the name of such person was not among those
208
LAWS OF 1969
CHAP. 240
filed by the candidate as an authorized agent."
Section 409. A new Section 3-19-5 NMSA 1953 is enacted to read:
"3-19-5. CAMPAIGN PRACTICES--PRIMARY ELECTION--PLACE OF FILING.
Itemized statements of expenditures of candidates participating in
the primary election shall be filed with the officer with whom the
candidate's declaration of candidacy was filed."
Section 410. A new Section 3-19-6 NMSA 1953 is enacted to read:
"3-19-6. CAMPAIGN PRACTICES--PRIMARY ELECTION--STATUS OF ITEM-
IZED STATEMENTS The itemized statement of expenditures is a public
record and is subject to public inspection or publication. "
Section 411. A new Section 3-19-7 NMSA 1953 is enacted to read:
"3-19-7. CAMPAIGN PRACTICES--PRIMARY ELECTION--PENALTY.-
A. A candidate who receives the nomination of a political
party and who fails or refuses to file, within the time required, a
AS AMENDED, CHAP. 317
full and complete itemized statement of expenditures is guilty of a
LAWS OF 1971
petty misdemeanor and in addition to any penalties under law shall
not be issued a certificate of nomination and shall not have his name
printed on the official ballot at the ensuing general election until he
files a full and complete statement of expenditures.
B. A candidate who failed to receive the nomination and
who fails or refuses to file, within the time required, a full and
complete itemized statement of expenditures is guilty of a petty
misdemeanor."
THE WHITE HOUSE
WASHINGTON
June 16, 1972
Dear Mr. Keller:
I herewith forward for your information copies of the reports filed
by the President pursuant to the requirements of New Mexico state
law. It is our understanding, in accordance with your converation
with David Wilson, that the statement required to be filed by the
New Mexico Committee to Re-Elect the President under state law
will only report the $45.00 expenditure listed by the President.
We would appreciate receiving a copy of your report after it is filed.
With best regards.
Sincerely,
Counsel to the President
John John Dean W. Dean, III
Mr. John Keller
P. O. Box 1027
Albuquerque, New Mexico 87103
BCC: Gordon Liddy
THE WHITE HOUSE
Washington
Date
6/13/72
TO:
Dave Wilson
guess what!
Noble Melencamp
NEW MEXICO
1972 PRIMARY ELECTION
CALENDAR
Compiled by
Betty Fiorina, Secretary of State
(All Section References to 1969 Edition, Election Handbook of the
State of New Mexico and the 1971 Supplement)
FEBRUARY 7, 1972
LAST DAY COUNTY COMMISSIONERS MAY MEET TO DIVIDE, A-
(Monday)
BOLISH, CONSOLIDATE PRECINCTS, OR TO CHANGE THE BOUN-
DARIES OR POLLING PLACES, THEREOF. (3-3-6A)
No precinct shall be abolished or consolidated or the boundaries or polling
places therein, changed less than four months prior to each election, except
by order of the district court.
FEBRUARY 11, 1972
PRESIDENTIAL NOMINATING COMMITTEE MEETS AT 8:30 a.m. IN
(Friday)
THE SECRETARY OF STATE'S OFFICE.
FEBRUARY 14, 1972
DEADLINE FOR PRESIDENTIAL PRIMARY NOMINATING COM-
(Monday)
MITTEE TO NOMINATE AND CERTIFY TO SECRETARY OF STATE
NAMES OF CANDIDATES FOR OFFICE OF PRESIDENT OF THE
UNITED STATES. (Chap. 39, Sec. 4, Laws of 1969)
FEBRUARY 15, 1972
SECRETARY OF STATE SHALL BEGIN TO NOTIFY EACH CANDI-
(Tuesday)
DATE WHO HAS BEEN NOMINATED BY COMMITTEE, IN WRITING
BY REGISTERED MAIL, RETURN RECEIPT REQUESTED, INFORM-
ING HIM THAT HIS NAME IS TO BE PRINTED ON THE NEW MEX-
ICO PRIMARY ELECTION BALLOT. (Chap. 39, Sec. 6, Laws of 1969)
MARCH 4, 1972
COUNTY CLERKS' OFFICES REMAIN OPEN.
(Saturday)
LAST DATE TO CHANGE OR INDICATE PARTY AFFILIATION.
(3-4-14)
No change of or indication of party affiliation on existing registrations
shall be made between the day the Governor issues the primary proclama-
tion and the day after election day; nor shall any such designation be made
or changed at any time during which registration is closed.
MARCH 6, 1972
GOVERNOR ISSUES PRIMARY ELECTION PROCLAMATION. (3-8-11)
(Monday)
The Governor shall issue a public proclamation calling a Primary Election
to be held in each county and precinct of the state on the date prescribed
by the Primary Election Law. The proclamation shall be filed with the
Secretary of State on the first Monday in March of each even-numbered
year.
SECRETARY OF STATE CERTIFIES PROCLAMATION TO COUNTY
CLERKS. (3-8-13B) Upon the proclamation being filed, the Secretary of
State shall immediately send, by certified mail, an authenticated copy of
the proclamation to each County Clerk.
SECRETARY OF STATE TO PUBLISH PROCLAMATION FIVE CON-
SECUTIVE DAYS IN FOUR NEWSPAPERS. (3-8-13A) Upon the procla-
mation being filed, the Secretary of State shall immediately publish the
proclamation for five (5) consecutive days in at least 4 daily newspapers
of general circulation in the state.
CHAPTER 39
Senate Rules Committee Substitute For
HOUSE BILL no. 42: Approved Harch 15, 1969
(Amended 30th Legislature
Second Session, 1972
House Bill No. 58)
AN ACI
RELATING TO ELECTIONS; PROVIDING FOR A PRESIDENTIAL PRE-
FERENCE PRIMARY ELECTION; PRESCRIBING NONINATION AND
BALLOTING; SPECIFYING SELECTION AND OBLIGATIONS OF DELE-
GATES; AND PROVIDING A PENALTY.
BE IT ENACTED B7 THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE. - - This act may be cited as the
"Presidential Primary Act."
Section 2. PRESIDENTIAL PRIMARY. - DATE OF ELECTION. -- In
the year in which the president and vice president of the United
States are to be elected, the voters of this state shall be
given an opportunity to express their preference for the
person to be the presidential candidate of their party. The
presidential primary election shall be held on the same date as
the primary election is held in this state.
Section 3. CONDUCT OF ELECTION Be presidential potracy
election shall be conducted and canvasser along with and in the
manner provided by lew for the conduct and canvassing of the
primary election.
Section 4. NOMINATION B7 CONNITIEE There shall be con-
vened in Santa Fe a committee consisting of the chief justice
of the supreme court, as chairman, the speaker of the house of
representatives and the minority floor leader of the house bE
representatives, the president pro tempore of the senate and
minority floor leader of the senate. This committee shall
nominate as presidential primary candidates, and certify to
the secretary of state, not later than ninety days before
the presidential preference primary election, the names of
all those generally advocated and nationally recognized as
candidates of the dominant political parties for the office
of president of the United States.
Section 5. NOMINATION BY PETITION. - No later than 5:00 p.m.
on the thirtieth day following the nominations by committee any
person seeking the endorsement by the national political party
for the office of president of the United States, or any group
organized in this state on behalf of, and with the consent of,
such person, may submit to the secretary of state a petition
to have such candidate's name printed on the presidential
primary ballot. The petition shall be signed by a number of
qualified electors in each of the congressional districts equal
to not less than two personal of the total number of votes for
president cast in each district at or last preceding presidential
election.
Section 6. NOTIFICATION TO CANDIDATES FILING FEE. - The
secretary of state shall forthwith contact each person who has
been nominated by the committee or by patition and notify him
in writing by registered mail with return receipt requested,
that his name will be printed as a candidate on the New Mexico
presidential primary ballot if within a period of fifteen days
commencing with the receipt of the notification, he furnishes,
in person, by agent or by registered mail, a filing fee of five
hundred dollars ($500). The filing fee shall be paid to the
secretary of state and upon its payment within the period pre-
scribed by this section shall constitute a bona fide declaration
of candidacy and such candidate's name shall be printed upon
the presidential primary ballot as provided in the Presidential
Primary Act. The filing fee shall he deposited with the state
treasurer in the same manner as provided for other filing fees
by the Primary Election Law."
Section 7. VOTING IN PRESIDENTIAL PRIMARY. All candidates
in the presidential poimary shall appear with condidates for
other offices of their respective parties at an appropriate
place on the ballot or voting machine. The voter shall be able
to cast his ballot for one of the presidential candidates of
his party or for "None OF The Names Shown". A vote of the
latter kind shall express the preference for an uncommitted
delegation from New Mexico to the national convention of that
voter's party.
Section 8. NATIONAL CONVENTION
A. Upon the completion of the state canvass of the
results of the presidential primary, the secretary of state
shall forthwith certify to the state chairman of each political
party participating in the primary and to the credentials com-
mittee of the national convention of each such political party
the following:
(1) the names of the two candidates, or candidate and
uncommitted category as the case may be, receiving the highest
number of votes; and
(2) the total vote each received.
B. The vote of the delegations from each such political
party from New Mexico shall be cast by the chairmen of the re-
spective delegations for the two candidates certified by the sec-
retary of state in the same proportion that the vote the two
candidates received bears to the total combined vote of both
candidates. In the event that the certification by the secretary
of state shows that the two highest categories in the election
included an unpledged category, the chairman shell cast on
the First ballot that portion of the delegation vote allotted
to a candidate, and that portion allotted to an unpledged
category shall be- cast in the manner determined by majority
vote of 3 caucus of the entire delegation. In computing the
number of votes DAY candidate may be entirled to on the first
ballot, any recipient of six-tenths or more percent shall be
entitled to one additional vote.
C. The provisions of this section with regard to the
manner of voting by New Mexico delegations at the national
party conventions apply only to the first ballot cast at
such conventions. Such delegations may be released prior to
the first ballot from voting in the manner provided by this
section upon death of the candidate or upon his written un-
conditional release of such votes allotted to him."
n-R
EXECUTIVE
PL/nson, PL Richard
State of New Mexico
Office of the Secretary of State
OF
INSURER
1912
Betty Forms
Ruben Miera
Servetary of State
Santa Je,New Mexteo 87501
Assistant
January 26, 1972
NM
The Honorable Richard M. Nixon
United States President
White House
Washington, D. C.
Dear Honorable President:
to 1-24
This is a follow-up of my letter to you of January 20, 1972.
The New Mexico Presidential Preference Primary Nominating Committee will meet
February 11, 1972, 8:30 A.M., in the Office of the Secretary of State. This
committee shall nominate as Presidential Primary candidates, and certify to
the Secretary of State no later than February 14, 1972, 5:00 P.M., the names
of all those generally advocated and nationally recognized as candidates of
the dominant (Democrats and Republicans) political parties for the office of
President of the United States. (New Mexico Laws of 1969, Chapter 39.)
June 6, 1972, is the date of the Primary Election in the State of New Mexico.
Enclosed is copy of a petition indicating the format required for candidates
who are not nominated by the above committee. Please refer to Section 5,
Laws of 1969, Chapter 39, which was enclosed with my previous correspondence
to you. The deadline for submitting this petition to the Office of the
Secretary of State is March 15, 1972, 5:00 P.M.
In order for you to comply with any of the deadline dates, I suggest that
correspondence be sent to this office by registered mail, return receipt
requested.
If you have any questions that I may assist you with, do not hesitate to
contact me.
Sincerely,
Deliy Froruna
BETTY FIORINA
Secretary of State
Enclosure
RECEIVED
JAN3 1 1972
CENTRAL FILES
THE WHITE HOUSE
Washington
]
Date 131/72
TO:
Harry Dent
Noble Melencamp
BETTY FIORINA
SECRETARY OF STATE
STATE OF NEW MEXICO
EXECUTIVE-LEGISLATIVE BUILDING
SANTA FE, NEW MEXICO
1972
NOMINATING PETITION FOR PRESIDENT OF THE UNITED STATES
STATE OF NEW MEXICO
LAWS OF 1969, CHAP. 39
NOTE: "...The petition shall be signed by
a number of *qualified electors in each of
the congressional districts equal to not
less than two percent of the total number
of votes for president cast in each district
at the last preceding presidential election."
In District I in the 1968 General Election,
175,624 votes were cast for President of the
United States.
In District II in the 1968 General Election,
151,657 votes were cast for President of the
United States.
WE, THE UNDERSIGNED, DECLARE THAT WE ARE QUALIFIED ELECTORS OF THE STATE OF NEW MEXICO,
CONGRESSIONAL DISTRICT NO.
; WE HEREBY AFFIX OUR SIGNATURES FOR THE PURPOSE OF
HAVING THE NAME OF
,
Presidential Candidate
City and State
,
PLACED ON THE PRESIDENTIAL PREFERENCE PRIMARY
Candidate's Party Affiliation
ELECTION BALLOT, JUNE 6, 1972, FOR OFFICE OF PRESIDENT OF THE UNITED STATES:
SIGNATURES
MAILING ADDRESS
CITY AND STATE
*Qualified Elector must be a citizen of the United States, at least 18 years of age;
a resident of New Mexico for one year; a resident of the county for 90 days; and a
resident of the precinct for 30 days.
1972
PRESIDENTIAL NOMINATING PETITION (Cont'd.)
State of New Mexico
Congressional District No.
for
Presidential Candidate
SIGNATURE
MAILING ADDRESS
CITY AND STATE
&
7-R#755
EXECUTIVE
PL
State of New Mexico
PL/ST31
(Difice of the Secretary of State
of
THE
STATE
ST31
X
DEPARTMENT OF
1912
Betty Fevire
Ruben Miera
Secretary of State
Santa Dr, De,New Thexus 87501
Assistant
January 20, 1972
NM
The Honorable Richard M. Nixon
United States President
White House
Washington, D. C.
Dear President Nixon:
Since you are considering a second term as President of the United States,
I am enclosing a copy of Chapter 39, Laws of 1969, State of New Mexico.
The following are the most significant dates to be considered by a Presi-
dential candidate who wishes his name placed on the New Mexico Primary
Election ballot:
FEBRUARY 11, 1972:
8:30 A.M. - Presidential Primary Nominating
Committee will convene in the Office of the
Secretary of State.
FEBRUARY 14, 1972:
5:00 P.M. - Deadline for Presidential Primary
Nominating Committee to certify to Secretary
of State names of candidates for office of
President of the United States.
(Chap. 39, Sec. 4, Laws of 1969)
FEBRUARY 15, 1972:
Secretary of State shall begin to notify each
Presidential candidate who has been nominated
by committee, in writing by registered mail,
return receipt requested, informing him that
his name is to be printed on the New Mexico
Primary Election ballot.
(Chap. 39, Sec. 6, Laws of 1969)
MARCH 15, 1972:
Secretary of State receives Presidential
nominating petitions until 5:00 P.M.
(Chap. 39, Sec. 5, Laws of 1969)
This is the 30th day following nominations
by committee.
RECEIVED
JAN2 4 1972
CENTRAL FILES
The Honorable Richard M. Nixon
January 20, 1972
Page Two
MARCH 16, 1972:
Secretary of State shall begin to notify each
candidate who has been nominated by petition,
in writing by registered mail, return receipt
requested, telling him that his name is to be
printed on the New Mexico ballot.
(Chap. 39, Sec. 6, Laws of 1969)
NOTE:
within 15 days after receipt of the notification
from the Secretary of State, a Presidential
candidate shall furnish a filing fee of $500.00
if he wishes to have his name placed on the New
Mexico Primary Election ballot.
Our Primary Election calendar will be completed in the near future, at which
time a copy will be forwarded to you.
Please do not hesitate to call upon me for any information that I can furnish
to you concerning New Mexico elections.
Sincerely,
BETTY Betry FIORINA Feorina
Secretary of State
BF:prm
Enclosure
cc: Presidential Preference Primary
Nominating Committee
Date 1/24/72
TO:
Harry Dent
Copy sent to John
Campbell Noble 17
Melencamp
228
LAWS OF 1969
CHAP. 39
CHAPTER 39
Senate Rules Committee Substitute For
HOUSE BILL NO. 42; Approved March 15, 1969
AN ACT
RELATING TO ELECTIONS; PROVIDING FOR A PRESIDENTIAL PREFERENCE PRIMARY
ELECTION; PRESCRIBING NOMINATION AND BALLOTING; SPECIFYING SELECTION
AND OBLIGATIONS OF DELEGATES; AND PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE. This act may be cited as the "Presidential
Primary Act".
Section 2. PRESIDENTIAL PRIMARY-DATE OF ELECTION. In the year in
which the president and vice president of the United States are to be
elected, the voters of this state shall be given an opportunity to express
their preference for the person to be the presidential candidate of their
party. The presidential primary election shall be held on the same date
as the primary election is held in this state.
Section 3. CONDUCT OF ELECTION. The presidential primary election
shall be conducted and canvassed along with and in the manner provided
by law for the conduct and canvassing of the primary election.
Section 4. NOMINATION BY COMMITTEE. There shall be convened in
Santa Fe a committee consisting of the chief justice of the supreme
court, as chairman, the speaker of the house of representatives and the
CHAP. 39
LAWS OF 1969
229
minority floor leader of the house of representatives, the president
pro tempore of the senate and the minority floor leader of the senate.
This committee shall nominate as presidential primary candidates, and
certify to the secretary of state, not later than ninety days before
the presidential preference primary election, the names of all those
generally advocated and nationally recognized as candidates of the
dominant political parties for the office of president of the United
States.
Section 5. NOMINATION BY PETITION. No later than 5:00 p.m. on
the thirtieth day following the nominations by committee any person
seeking the endorsement by the national political party for the office
of president of the United States; or any group organized in this state
on behalf of, and with the consent of, such person, may submit to the
secretary of state a petition to have such candidate's name printea on
the presidential primary ballot. The petition shall be signed by a
number of qualified electors in each of the congressional districts
equal to not less than two percent of the total number of votes for
president cast in each district at the last preceding presidential
election.
Section 6. NOTIFICATION TO CANDIDATES--FILING FEE. The secretary
of state shall forwith contact each person who has been nominated by
the committee or by petition and notify him in writing by registered
mail with return receipt requested, that his name will be printed as
a candidate on the New Mexico presidential primary ballot if within
fifteen days after receipt of the notification he furnishes a filing
230
LAWS OF 1969
CHAP. 39
fee of five hundred dollars ($500). The filing fee shall be paid to
the secretary of state and deposited with the state treasurer in the
same manner as provided for other filing fees by the Primary Election
Code.
Section 7. VOTING IN PRESIDENTIAL PRIMARY. All candidates in the
presidential primary shall appear with candidates for other offices of
their respective parties at an appropriate place on the ballot or voting
machine. The voter shall be able to cast his ballot for one of the
presidential candidates of his party or for "None Of The Names Shown".
A vote of the latter kind shall express the preference for an uncommitted
delegation from New Mexico to the national convention of that voter's
party.
Section 8. DELEGATES TO NATIONAL CONVENTION.
A. Upon the completion of the state canvass of the results
of the presidential primary, the secretary of state shall certify to
the state chairman of each political party participating in the primary
the following:
(1) the names of the two candidates, or candidate
and uncommitted category as the case may be, receiving the highest
number of votes; and
(2) the total vote each received.
B. Each political party shall then select, as the party
rules may determine, as many delegates and alternates to the national
party convention as are allotted to it by the national committee of
that party.
CHAP. 39
LAWS OF 1969
231
C. Such delegates, and each alternate for such delegates,
shall be allotted to the two candidates, or to the one candidate and
the unpledged category, as the case may be, in the same proportion that
the total vote such candidate or category received bears to the total
combined vote of both candidates, or of the one candidate and the
unpledged category, as the case may be. In computing the number of
pledged or unpledged delegates any recipient of five-tenths or more
delegate shall be entitled to one additional delegate.
Section 9. DELEGATE PLEDGE. --
A. No person selected as a delegate or alternate shall
qualify to attend the national convention of his political party
unless he files with the state central committee of his political
party a written declaration of acceptance, signed by himself, in the
form herein prescribed and the state central committee deposits this
declaration of acceptance in the office of the secretary of state
no later than thirty days before convening of the applicable national
convention.
B. The declaration of acceptance shall be in the form of
an affidavit and shall contain the following information:
(1) the name, residence and post office address of
the delegate or alternate delegate;
(2) a statement that he is a registered voter in New
Mexico affiliated with the political party for which he is a delegate
or alternate, and that he was a registered voter and affiliated with
such party as of the date of the last presidential primary election;
232
LAWS OF 1969
CHAP. 39
(3) a statement that he will not withdraw his name
before the holding of the national party convention of his party;
(4) if delegates are pledged to specific candidates
for the office of president, a pledge in the following form:
"As a delegate to the 19
national convention of the
party, I pledge myself to support the candidacy of
as a candidate for the nomination of
president by the
party; that I will, unless prevented
by his death or unless released prior to the first ballot, vote for his
nomination on the first ballot; thereafter, I shall have the right to
cast my convention vote according to my own judgment.
Section 10. CERTIFICATION: OF NAMES TO CREDENTIALS COMMITTEE.
The secretary of state shall certify to the credentials committee at
the national convention of each political party participating in the
presidential primary election the list of names of delegates and alter-
nates qualified to represent the party organizations of this state by
virtue of having complied with the provisions of the Presidential
Primary Act.
Section 11. PENALTY. Any delegate or alternate delegate who
fails to vote at the national political party convention in accordance
with the delegate pledge he signed as required by the Presidential
Primary Act is subject to a fine not exceeding one thousand dollars
($1,000) or imprisonment not exceeding ten days, or both.