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SJR 13

OPEN PRIMARY ELECTIONS, CA

2025 Regular Session Introduced by Martha Garcia and 1 co-sponsor

Would create an open primary allowing any registered voter to vote in party primaries, regardless of party affiliation, if voters ratify the constitutional amendment.

action postponed indefinitely
#constitutionofnewmexico #elections
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Bill Summary · SJR 13

Summary — SJR 13 (Open Primary Elections) — New Mexico

Status: Action postponed indefinitely
Introduced: November 12, 2024
Classification: Joint resolution (constitutional amendment)
Subject: New Mexico Constitution — Elections / Primary voting rules
Related bill: Senate Bill 16

Purpose / intent

Senate Joint Resolution 13 (SJR13) would amend Article VII of the New Mexico Constitution to create an “open primary” system by allowing all registered, qualified electors — regardless of party preference, party affiliation, or lack of affiliation — to participate in primary elections. The amendment would be submitted to voters and become effective only if approved by a majority at the specified election.

Key provisions

  • Constitutional change: Amend Article VII to permit any registered qualified elector to vote in a primary election without regard to party affiliation.
  • Ballot referral: The joint resolution requires the proposed amendment to be placed before voters at the next general election (November 2026) or at a special election called for that purpose.
  • Effectiveness: The amendment would take effect only if ratified by voters.
  • Relationship to statute: SJR13 would alter the state constitution (whereas SB16 is a statutory proposal); SJR13 does not require voters to change or declare party affiliation to participate.

Who would be affected

  • Unaffiliated (no-party) voters and voters of all parties in New Mexico — as of December 2024 roughly 340,000 voters (about 24.4% of registered voters) were unaffiliated with the three major parties.
  • County clerks, the Secretary of State (SOS), and local election administrators (changes to ballot operations and voter rosters).
  • Political parties, which may assert associational rights in legal challenges.

Fiscal and administrative impacts

  • Ballot/sample printing and publication: Under current law SOS must print and publish sample texts of constitutional amendments (Spanish and English). LFC estimates incremental printing/publishing costs per constitutional amendment of approximately $35,000–$50,000 (nonrecurring), depending on ballot size and layout.
  • Election systems and staffing: If voters approve the amendment, the first open primary would likely be the 2028 primary. SOS cautions open primaries could increase turnout and require additional Ballot on Demand (BOD) stations and other resources — estimated nonrecurring BOD system costs of $4–6 million starting FY28 and increased recurring maintenance costs thereafter.
  • Election fund considerations: Laws enacted in 2024 cap a distribution from the tax administration suspense fund to the SOS election fund at $15 million. The 2024 closed primary cost about $14 million; projected higher costs for an open primary could push expenses beyond the $15 million cap. The exact recurring fiscal impact is uncertain.

Legal considerations

  • Parties’ associational rights: The U.S. Supreme Court in California Democratic Party v. Jones (2000) held that fully open primaries can implicate political parties’ First Amendment right of association; parties may challenge a fully open system.
  • State authority: The New Mexico Supreme Court in Crum v. Duran (2017) recognized the Legislature’s authority to regulate elections, but noted such regulations must be a reasonable exercise of manner/place/time authority. That ruling does not eliminate potential federal constitutional challenges.

Procedural / timeline notes

  • If advanced, SJR13 would go on the ballot in November 2026 (or a special election called for that purpose). It becomes operative only if ratified by voters.
  • Current bill status (per provided metadata): action postponed indefinitely.

Compiled from official sources — confirm details with the bill’s official record.

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