Senate approves bill allowing easier path for independents to vote in NM primary elections

SANTA FE — Does a more inclusive democracy open the door to more political shenanigans?

That question hung over the Senate’s debate Wednesday over whether to make it easier for independent voters to cast a ballot in New Mexico primary elections.

The bill, Senate Bill 16, ended up passing the chamber on a 27-11 vote that did not strictly follow partly lines, although most Republicans voted against it and most Democrats voted in favor.

Several GOP senators said the proposal, if enacted, could allow more gamesmanship in New Mexico primary elections.

“I do not want the Lobos picking the New Mexico State University football team, ever, and that’s how this feels to me,” said Senate Minority Leader William Sharer, R-Farmington.

But backers of the proposal described it as a basic fairness issue.

“Taxpayers who register to vote need to be allowed to vote,” said Sen. Natalie Figueroa, D-Albuquerque, the bill’s sponsor.

If approved, the bill could affect more than 330,000 New Mexico independent voters who would be able to vote in primary elections without having to change their party affiliation.

It would not fully open New Mexico’s primary elections by allowing all registered voters to pick and choose from among all candidates. Rather, the proposal would allow independent voters to request a major party’s primary ballot and then decide who to vote for.

Independents, or voters who decline to state a political affiliation, have made up an increasingly larger share of New Mexico’s voter rolls in recent years.

As of last month, they represented more than 23% of the state’s 1.4 million registered voters, according to Secretary of State’s Office data.

Under the state’s current system, most recently revised in 2020, independents can only vote in primary elections if they first change their party affiliation to Democratic or Republican.

Only a small percentage of independent voters have utilized that option, however, with fewer than 1% of such voters casting ballots in the state’s 2022 primary election.

Similar proposals to further open New Mexico’s primary elections — some advocates have described the proposed law as a “semi-open” primary — have failed to win final approval at the Roundhouse.

A 2023 bill also passed the Senate, but ultimately stalled in a House committee.

Four Republicans voted “yes” on the bill approved Wednesday — Sens. Crystal Brantley of Elephant Butte, Craig Brandt of Rio Rancho, Gabriel Ramos of Silver City and Joshua Sanchez of Bosque. Sen. Debbie O’Malley of Albuquerque was the lone Democrat to vote against the bill.