HOUSE FLOOR SUBSTITUTE FOR
HOUSE BILL 496
50th legislature - STATE OF NEW MEXICO - first session, 2011
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 1-22-3 NMSA 1978 (being Laws 1985, Chapter 168, Section 5, as amended) is amended to read:
"1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF CANDIDATES.--
A. A school district election shall be held in each school district to elect qualified persons to membership on a [local school] board. No person shall become a candidate for membership on a board unless [his] the person's record of voter registration shows that [he] the person is a qualified elector of the state, physically resides in the school district in which [he] the person is a candidate and physically resided in the district on the date [of] that the [school] board's proclamation calling a regular school district election is filed with the county clerk.
B. A regular school district election shall be held in each school district on the first Tuesday in February of each odd-numbered year.
C. A school district election held at any time other than the date for the regular school district election shall be a special school district election.
D. Except as otherwise provided in the School Election Law, school district elections shall be called, conducted and canvassed as provided in the Election Code."
SECTION 3. 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 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;
(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) 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)] (6) the hours each polling place will be open; and
[(8)] (7) 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 with the [county clerk of record] proper filing officer and not less than fifty days before the date of the election [the], that county clerk [of record] shall publish the proclamation at least once in a newspaper of general circulation within the school district, along with a list of the precincts in each county in which the election is to be held and the location of each polling place. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
SECTION 4. 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;
(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) 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)] (6) the hours each polling place will be open; and
[(8)] (7) 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 with the [county clerk of record] proper filing officer and not less than fifty days before the date of the election, [the] that county clerk [of record] shall publish the proclamation at least twice in a newspaper of general circulation in the school district, along with a list of the precincts in each county in which the election is to be held and the location of each polling place. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
SECTION 5. Section 1-22-6 NMSA 1978 (being Laws 1985, Chapter 168, Section 8, as amended) is amended to read:
"1-22-6. PRECINCTS--CONSOLIDATION--POLLING PLACES.--
A. The same precincts that are used in a general election shall be used in a school district election, provided that:
(1) if a precinct lies partly within and partly outside of a school district, the part of the precinct lying within the school district constitutes a precinct for a school district election; and
(2) all of the area within the exterior boundaries of a school district may constitute one precinct for a school district election.
B. In the event that only one candidate has filed a declaration of candidacy for each position to be filled at an election and no declared write-in candidates have filed for any position and there are no questions or bond issues on the ballot, only one polling place for the election shall be designated and it shall be in the office of the county clerk or a designated polling place in the school district of the county in which the school district is located.
C. Except as otherwise provided in the School Election Law, the county clerk shall consolidate precincts for a school district election as provided [in the proclamation] by the board for that election and shall provide for a polling place within each precinct or consolidated precinct. Upon written agreement by the school board and the county clerk, the county clerk may set the consolidation of precincts and assign the polling locations for a school district election."
SECTION 6. Section 1-22-11 NMSA 1978 (being Laws 1985, Chapter 168, Section 13, as amended) is amended to read:
"1-22-11. PUBLICATION.--The proper filing officer for the school district shall issue and publish the proclamation listing the name of each candidate for membership on the board, each question to be submitted to the voters of the school district, the precincts in each county in which the election is to be held and the location of each polling place and the names of the precinct board members of the school district. The publication shall be made once each week for two successive weeks, with the last publication being made within seven days but not later than two days before the date of the school district election. The names of the candidates shall be published in the same order and for the same positions as will appear on the ballot. The publication shall be in a newspaper of general circulation in the school district and shall conform to the provisions of the federal Voting Rights Act of 1965, as amended. The cost of the publication shall be paid by the school district."
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