Senate approves step toward open primaries
Proposal now heads to the House as the special session continues
SANTA FE — New Mexico would open its primary elections to independent voters — if they agree to register with a political party immediately before casting their ballot — under legislation that won bipartisan support Friday in the state Senate.
The proposal, Senate Bill 4, now heads to the House as lawmakers continue a fast-paced special session dedicated largely to balancing the state budget.
Sen. John Sapien, D-Corrales, described the proposed election change as a small step toward opening up New Mexico’s closed primary system. Only
Democrats, Republicans and Libertarians — the state’s major parties — are currently permitted to vote in primaries.
Sapien won approval Friday for the amendment — which passed on a 37-5 vote — that changes a broader election proposal.
The measure would allow voters who aren’t affiliated with a political party to register as a Democrat, Republican or Libertarian at a voting location and then cast a ballot.
Under the current system, voters have to change their affiliation at least 28 days before the election.
The proposal wouldn’t permit Democrats to switch to Republicans or vice versa.
But independents could register with a party for the primary election. They would remain registered with that party going forward unless they switched back later.
“What we’re doing here is more of a compromise,” Sapien said, not a fully open primary system.
Allowing independent voters to participate, he said, would force the major parties to appeal to a broader group of voters, rather than just their traditional base.
Senate Bill 4 now heads to the House. If approved there, it would go to Gov. Michelle Lujan Grisham.
The action comes during an unusual special session that began Thursday. The Capitol is closed to the public because of the coronavirus pandemic.
The legislation approved Friday outlines a variety of temporary changes for the 2020 general election in response to the health emergency. It would, for example, permit county clerks to mail absentee ballot applications to all registered voters.
An earlier version of the bill would have allowed broader voting by mail — without requiring an absentee application — but it was removed before reaching the full Senate for consideration.
The bill approved Friday includes provisions aimed at ensuring voting locations in Native American communities remain open, allowing absentee ballot applications to be sent out earlier than allowed now and requiring a bar code system on ballot envelopes to make it easier to track them.
Those changes would be temporary, but the modified open primary system would be permanent.
“Today’s overwhelming Senate vote was a win for strengthening our democratic process here in New Mexico,” said Heather Ferguson, executive director of Common Cause New Mexico, a nonpartisan advocacy group for voting rights.
Lawmakers have debated changing New Mexico’s closed primary system for years.
Senators on Friday described Sapien’s amendment as a breakthrough.
“This is something we’ve been kicking around for a long time,” Sen. Sander Rue, R-Albuquerque, said.
Sen. Daniel Ivey-Soto, an Albuquerque Democrat and co-sponsor of the bill, said the legislation represented the collaboration of senators on both sides of the aisle.
“This bill, I think, is a good balance,” Ivey-Soto said.
The final vote on the bill was 40-2, sending it on to the House.
About 22% of the state’s registered voters are not affiliated with a major party. Democrats make up 46% of the voter rolls, Republicans comprise 31% and Libertarians 1%.