HOUSE BILL 496
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Edward C. Sandoval
AN ACT
RELATING TO ELECTIONS; CHANGING PROCLAMATION AND PUBLICATION PROCEDURES FOR SCHOOL DISTRICT ELECTIONS; CHANGING NOTIFICATION REQUIREMENTS FOR SCHOOL ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-22-1 NMSA 1978 (being Laws 1985, Chapter 168, Section 3) is amended to read:
"1-22-1. SHORT TITLE.--[Sections 1-22-1 through 1-22-19] Chapter 1, Article 22 NMSA 1978 may be cited as the "School Election Law"."
SECTION 2. Section 1-22-4 NMSA 1978 (being Laws 1985, Chapter 168, Section 6, as amended) is amended to read:
"1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
A. The board shall by resolution issue a public proclamation in Spanish and English calling a regular school district election within the school district on the date prescribed by the School Election Law. The proclamation shall be filed by the superintendent with the [county clerk of record] proper filing officer on or within one week prior to the last Tuesday in November of the even-numbered year immediately preceding the date of the election.
B. The proclamation shall specify:
(1) the date when the election will be held;
(2) the positions on the board to be filled; and
[(3) the date on which declarations of candidacy are to be filed;
(4) the date on which declarations of intent to be a write-in candidate are to be filed;
(5)] (3) the questions to be submitted to the voters.
[(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the hours each polling place will be open; and
(8) the date and time of the closing of the registration books by the county clerk of record as required by law.]
C. After [filing] the proclamation has been filed with the [county clerk of record and not less than fifty days before the date of the election, the] proper filing officer, that county clerk [of record] shall establish and include in the proclamation:
(1) the date on which declarations of candidacy are to be filed;
(2) the date on which declarations of intent to be a write-in candidate are to be filed;
(3) the precincts in each county in which the election is to be held and the location of each polling place;
(4) the hours each polling place will be open; and
(5) the date and time of the closing of the registration books by the county clerk as required by law.
D. Not less than fifty days before the date of the election, the proper filing officer shall publish the proclamation as completed in accordance with Subsections B and C of this section at least once in a newspaper of general circulation within the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended.
E. The proper filing officer shall inform the superintendent of all regular election information in Subsection C of this section at least five days prior to publication of the proclamation."
SECTION 3. Section 1-22-5 NMSA 1978 (being Laws 1985, Chapter 168, Section 7, as amended) is amended to read:
"1-22-5. SPECIAL ELECTION--PROCLAMATION--PUBLICATION.--
A. Whenever a special school district election is to be called or is required by law, the board shall by resolution issue a public proclamation in Spanish and English calling the election. The proclamation shall forthwith be filed by the superintendent with the [county clerk of record] proper filing officer.
B. The proclamation shall specify:
(1) the date on which the special election will be held;
(2) the positions on the board to be filled; and
[(3) the date on which declarations of candidacy are to be filed;
(4) the date on which declarations of intent to be a write-in candidate are to be filed;
(5)] (3) the questions to be submitted to the voters.
[(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the hours each polling place will be open; and
(8) the date and time of the closing of the registration books by the county clerk of record as required by law.]
C. After [filing] the proclamation has been filed with the [county clerk of record and not less than fifty days before the date of the election, the] proper filing officer, that county clerk [of record] shall establish and include in the proclamation:
(1) the date on which declarations of candidacy are to be filed;
(2) the date on which declarations of intent to be a write-in candidate are to be filed;
(3) the precincts in each county in which the election is to be held and the location of each polling place;
(4) the hours each polling place will be open; and
(5) the date and time of the closing of the registration books by the county clerk as required by law.
D. Not less than fifty days before the date of the election, the proper filing officer shall publish the proclamation as completed in accordance with Subsections B and C of this section at least twice in a newspaper of general circulation in the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended.
E. The proper filing officer shall inform the superintendent of all special election information in Subsection C of this section at least five days prior to publication of the proclamation."
SECTION 4. Section 1-22-7 NMSA 1978 (being Laws 1985, Chapter 168, Section 9, as amended) is amended to read:
"1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.--
A. A candidate for a [school] board position that will be filled at a regular school district election shall file a declaration of candidacy with the proper filing officer during the period commencing at 9:00 a.m. on the third Tuesday in December of the even-numbered year immediately preceding the date of the regular school district election and ending at 5:00 p.m. on the same day.
B. A candidate for a [school] board position that will be filled at a special school district election shall file a declaration of candidacy with the proper filing officer during the period commencing at 9:00 a.m. on the forty-eighth day before the election and ending at 5:00 p.m. on the same day.
C. A candidate shall file for only one [school] board position during a filing period.
D. The proper filing officer shall notify the superintendent of all declared candidates no more than twenty-four hours after the end of the filing period.
[D.] E. Whoever knowingly makes a false statement in [his] a declaration of candidacy is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
SECTION 5. Section 1-22-9 NMSA 1978 (being Laws 1985, Chapter 168, Section 11) is amended to read:
"1-22-9. WITHDRAWAL OF CANDIDATES.--
A. A person who is a candidate for membership on the board may file an affidavit with the proper filing officer for the district in which [he] the person is a candidate withdrawing [his] the person's candidacy in the election. The affidavit shall be filed before 5:00 p.m. on the thirty-fifth day before the date of the school district election. The county clerk shall not place on the ballot the name of any person properly filing the affidavit of withdrawal.
B. The proper filing officer shall notify the superintendent of all individuals who have withdrawn their candidacy in the election and the official candidate list for the school district election no later than 5:00 p.m. on the thirty-fourth day before the date of the election."
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