SENATE BILL 364

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Michael S. Sanchez

AN ACT

RELATING TO ELECTIONS; REQUIRING REGULAR MUNICIPAL ELECTIONS TO BE HELD AT THE SAME TIME AS GENERAL ELECTIONS.

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

     SECTION 1. Section 3-8-9 NMSA 1978 (being Laws 1985, Chapter 208, Section 17, as amended) is amended to read:

     "3-8-9. ELECTION SCHEDULING--CONFLICTS--NOTICE.--

          A. Except as otherwise provided by law, a regular municipal election [may] shall be held concurrently with [but] the general election. Any other municipal election shall not be held within forty-two days prior to or within thirty days after, any statewide special, general or primary election or any regular school district election. Whenever a municipal election would be or has been scheduled within the prohibited time, the governing body shall adopt an election resolution scheduling or rescheduling the election on a date as soon as is practicable outside the prohibited period and in compliance with the requirements of the Municipal Election Code and any other statute specifically related to such election. If an election resolution has already been adopted, the new election resolution shall supersede the existing election resolution and the new election resolution shall be published as required by the Municipal Election Code.

          B. Except as otherwise provided by law, one or more municipal special elections, including but not limited to bond elections, may be held in conjunction with a regular municipal election or one or more special municipal elections.

          C. When concurrent elections are called for, publications, notices, selection of precinct boards, election schools, ordering election supplies, conduct of the election, canvassing, record keeping and all other election matters shall be conducted to comply with all election requirements for each such election as if it were held separately. However, any requirement may be satisfied by a combined action if such action would satisfy the requirements set by law for each individual election. Allowable combined actions include but are not limited to, combined:

                (1) publications;

                (2) notices;

                (3) appointment of precinct boards;

                (4) ordering of election supplies;

                (5) conduct of election;

                (6) canvassing; and

                (7) recordkeeping."

     SECTION 2. Section 3-8-25 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-8-3) is amended to read:

     "3-8-25. REGULAR MUNICIPAL ELECTIONS--TIME OF HOLDING ELECTION.--Regular municipal elections for the purpose of electing municipal officers and considering any other question placed on the ballot by the governing body shall be held on the first Tuesday [in March] after the first Monday in November of each even-numbered year [provided that]. Any municipality [which] that has adopted a charter shall elect its municipal officers at the time provided for in [the charter] this section."

     SECTION 3. TEMPORARY PROVISION.--The term of a municipal officer who is serving in office as of, and who was elected to office prior to, the effective date of this act shall be extended until the next general election following the expiration of the term for which the officer was elected, and the officer shall serve until the officer's successor has been elected and qualified following that election.

     SECTION 4. EFFECTIVE DATE.--The effective of the provisions of this act is July 1, 2015.

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