New Mexico Representative Nate Gentry (R-Bernalillo) has introduced HB 346. It would move the primary for president and all other office from June to March. Because New Mexico links petition deadlines for independent candidates and newly-qualifying parties to the primary date, the bill would automatically move those deadlines from late June to mid-April. Two years ago, a U.S. District Court ruled in Constitution Party v Duran that the old April deadline for newly-qualifying parties is unconstitutionally early. Chances are, the bill’s sponsor hasn’t thought about this problem. Thanks to Frontloading HQ and Josh Putnam for this news.
It seems like there should be a legislative Drafter looking for these kinds of problems. Very few legislators actually write their own bills.
I tend to think all state legislatures have professional bill-drafters. But, even professionals don’t have an easy time keeping track of court decisions over the wide range of subjects of state legislation.
You may be right. Here’s one example from a Montana Bill SB 142, Right to try bill. http://leg.mt.gov/bills/2015/LRC/LC0652.pdf It seems that a number of Montana Bills may have had constitutional concerns by the legislative legal division, with a short note attached the bill. Republicans may have been working to hide many of those notes, that could be accessed via the web. It’s surprising to see this Right To Try Bill pass with large majorities, yet bills like a prop 215, would have trouble in the Montana Legislature.