HOUSE BILL 335

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Jeff Steinborn

AN ACT

RELATING TO ELECTIONS; ALLOWING THE APPOINTMENT OF QUALIFIED STUDENTS TO PRECINCT BOARDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 1-2-7 NMSA 1978 (being Laws 1969, Chapter 270, Section 29, as amended) is amended to read:

     "1-2-7. PRECINCT BOARD--QUALIFICATION OF MEMBERS--QUALIFICATION OF PRESIDING JUDGES.--

          A. In order to qualify as a member of the precinct board, a person shall:

                (1) be a resident of the representative district and county in which the precinct where [he] the person is a voter is located;

                (2) be able to read and write;

                (3) have the necessary capacity to carry out [his] a precinct board member's functions with acceptable skill and dispatch; and

                (4) execute the precinct board member's oath of office.

          B. Before serving as a presiding judge of a precinct board, a person shall receive training in the duties of that position and be certified for the position by the county clerk.

          C. No person shall be qualified for appointment or service on a precinct board:

                (1) who is a candidate for any federal, state, district or county office;

                (2) who is a spouse, parent, child, brother or sister of any candidate to be voted for at the election; or

                (3) who is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal [policeman] police officer.

          D. A county clerk may appoint not more than two students to serve on a precinct board under the direct supervision of the presiding judge of a precinct designated by the county clerk. A student appointed by the county clerk shall:

                (1) meet the qualifications set forth in Subsection A of this section, except the student need not be eligible to vote;

                (2) have the approval of the educational institution in which the student is enrolled and the student's parent or legal guardian;

                (3) be at least sixteen years of age at the time of the election in which the student is serving as a member of a precinct board;

                (4) be a citizen at the time of the election for which the student will be serving as a member of a precinct board;

                (5) be a student attending a public or private secondary educational institution or home school; and

                (6) attend at least one school of instruction in accordance with the provisions of Section 1-2-17 NMSA 1978.

          E. A student appointed pursuant to the provisions of Subsection D of this section shall not serve as a presiding judge of the precinct board.

          F. Unless requested by the county chair of a major political party to be considered as a member of the precinct board pursuant to Section 1-2-8 NMSA 1978, a student may only be appointed by the county clerk to serve as a member of a precinct board from the standby or other list of voters pursuant to Subsections B and C of Section 1-2-10 NMSA 1978."

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