0001|                         SENATE BILL 3
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                          ANN J. RILEY
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0006|     
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0007|                                
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0008|     
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0009|          FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0010|                                  
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0011|                             AN ACT
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0012|     RELATING TO ELECTIONS; ALLOWING THE USE OF MAIL BALLOTS FOR
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0013|     SCHOOL ELECTIONS; AMENDING SECTIONS OF THE NMSA 1978.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|       Section 1.  Section 1-22-3 NMSA 1978 (being Laws 1985,
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0017|     Chapter 168, Section 5) is amended to read:
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0018|       "1-22-3.  SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF
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0019|     CANDIDATES.--
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0020|            A.  A school district election shall be held in each
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0021|     school district to elect qualified persons to membership on a
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0022|     local school board.  No person shall become a candidate for
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0023|     membership on a board unless his record of voter registration
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0024|     shows that he is a qualified elector of the state and a resident
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0025|     of the school district in which he is a candidate.
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0001|            B.  A regular school district election shall be held
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0002|     in each school district on the first Tuesday in February of each
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0003|     odd-numbered year.
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0004|            C.  A school district election held at any time other
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0005|     than the date for the regular school district election shall be
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0006|     a special school district election.
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0007|            <u>D.  All regular and special school district
</u>    |
<u></u>0008| <u>    elections may be conducted by use of a mail ballot pursuant to
</u>    |
<u></u>0009| <u>    the provisions of the Mail Ballot Election Act</u>.
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0010|            <s>[D.]</s> <u>E.</u>  Except as otherwise provided in the
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0011|     School Election Law <u>and the Mail Ballot Election Act</u>, school
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0012|     district elections shall be called, conducted and canvassed as
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0013|     provided in the Election Code."
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0014|       Section 2.  Section 1-22-4 NMSA 1978 (being Laws 1985,
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0015|     Chapter 168, Section 6, as amended) is amended to read:
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0016|       "1-22-4.  REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
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0017|            A.  The board shall by resolution issue a public
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0018|     proclamation in Spanish and English calling a regular school
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0019|     district election within the school district on the date
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0020|     prescribed by the School Election Law.  The proclamation shall
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0021|     be filed by the superintendent with the county clerk of record
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0022|     on the last Friday in November of the even-numbered year
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0023|     immediately preceding the date of the election.
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0024|            B.  The proclamation shall specify:
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0025|                 (1)  the date when the election will be held;
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0001|                 (2)  the positions on the board to be filled;
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0002|                 (3)  the date on which declarations of candidacy
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0003|     are to be filed;
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0004|                 (4)  the date on which declarations of intent to
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0005|     be a write-in candidate are to be filed;
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0006|                 (5)  the questions to be submitted to the
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0007|     voters;
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0008|                 (6)  the precincts in each county in which the
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0009|     election is to be held and the location of each polling place
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0010|     <u>or that the election shall be conducted by mail ballot</u>;
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0011|                 (7)  the hours each polling place will be open;
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0012|     and
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0013|                 (8)  the date and time of the closing of the
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0014|     registration books by the county clerk of record as required by
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0015|     law.
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0016|            C.  After <s>[filing]</s> the proclamation <u>is filed</u> with
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0017|     the county clerk of record and not less than fifty days before
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0018|     the date of the election, the county clerk of record shall
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0019|     publish the proclamation at least once in a newspaper of general
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0020|     circulation within the school district.  The publication of the
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0021|     proclamation shall conform to the requirements of the federal
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0022|     Voting Rights Act of 1965, as amended."
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0023|       Section 3.  Section 1-22-5 NMSA 1978 (being Laws 1985,
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0024|     Chapter 168, Section 7, as amended) is amended to read:
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0025|       "1-22-5.  SPECIAL ELECTION--PROCLAMATION--PUBLICATION.--
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0001|            A.  Whenever a special school district election is to
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0002|     be called or is required by law, the board shall by resolution
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0003|     issue a public proclamation in Spanish and English calling the
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0004|     election.  The proclamation shall forthwith be filed by the
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0005|     superintendent with the county clerk of record.
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0006|            B.  The proclamation shall specify:
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0007|                 (1)  the date on which the special election will
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0008|     be held;
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0009|                 (2)  the positions on the board to be filled;
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0010|                 (3)  the date on which declarations of candidacy
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0011|     are to be filed;
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0012|                 (4)  the date on which declarations of intent to
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0013|     be a write-in candidate are to be filed;
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0014|                 (5)  the questions to be submitted to the
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0015|     voters;
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0016|                 (6)  the precincts in each county in which the
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0017|     election is to be held and the location of each polling place
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0018|     <u>or that the election shall be conducted by mail ballot</u>;
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0019|                 (7)  the hours each polling place will be open;
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0020|     and
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0021|                 (8)  the date and time of the closing of the
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0022|     registration books by the county clerk of record as required by
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0023|     law.
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0024|            C.  After <s>[filing]</s> the proclamation <u>is filed</u> with
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0025|     the county clerk of record and not less than fifty days before
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0001|     the date of the election, the county clerk of record shall
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0002|     publish the proclamation at least twice in a newspaper of
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0003|     general circulation in the school district.  The publication of
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0004|     the proclamation shall conform to the requirements of the
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0005|     federal Voting Rights Act of 1965, as amended."
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0006|       Section 4.  Section 1-22-10 NMSA 1978 (being Laws 1985,
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0007|     Chapter 168, Section 12, as amended) is amended to read:
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0008|       "1-22-10.  BALLOTS.--
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0009|            A.  The proper filing officer shall determine whether
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0010|     a candidate filing a declaration of candidacy is a registered
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0011|     qualified elector of the state residing within the school
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0012|     district.  If the candidate is so qualified and no withdrawal of
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0013|     candidacy has been filed as provided in the School Election Law,
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0014|     the proper filing officer shall place the candidate's name on
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0015|     the ballot for the position specified in the declaration of
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0016|     candidacy.  A declaration of candidacy shall not be amended
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0017|     after it has been filed with the proper filing officer.
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0018|            B.  <u>Mail</u> ballots <u>or voting machine ballots</u> for
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0019|     the school district election shall be prepared by the proper
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0020|     filing officer and printed by the thirtieth day preceding the
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0021|     election.  The cost of printing the ballots shall be paid by the
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0022|     school district.  The proper filing officer shall furnish
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0023|     printed ballots to the county clerk of each county in which the
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0024|     school district is situate.  The printed ballot shall contain
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0025|     the name of each candidate and the position on the board for
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0001|     which he is a candidate.  The ballot shall also contain all
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0002|     questions to be submitted to the voters of the district as
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0003|     certified to the proper filing officer by the board.
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0004|            C.  Paper ballots and ballot labels shall be printed
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0005|     in a form in substantial compliance with the provisions of
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0006|     Section 1-12-44 NMSA 1978 and in compliance with the provisions
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0007|     of the federal Voting Rights Act of 1965, as amended.
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0008|            D.  A school district election shall be a nonpartisan
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0009|     election, and the names of all candidates shall be listed on the
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0010|     ballot without party or slate designation.  The order in which
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0011|     the names of candidates are listed on the ballot shall be
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0012|     determined by lot.
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0013|            E.  Whenever two or more members of the board are to
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0014|     be elected for terms of the same length of time, the positions
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0015|     shall be numerically designated on the ballot as "position one",
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0016|     "position two" and such additional consecutively numbered
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0017|     positions as are necessary, but only one member shall be elected
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0018|     for each position.
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0019|            F.  Space shall be provided on each ballot for a
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0020|     voter to write in the name of one candidate for each position to
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0021|     be filled when a declaration of intent to be a write-in
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0022|     candidate has been filed.
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0023|            G.  <u>Unless conducted by mail ballot</u>, voting
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0024|     machines shall be used for the recording of votes cast in a
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0025|     school district election; provided that paper ballots may be
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0001|     used in lieu of a voting machine for:
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0002|                 (1)  school districts of less than five hundred
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0003|     average daily membership; 
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0004|                 (2)  school district elections in which only one
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0005|     candidate has filed a declaration of candidacy for each position
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0006|     to be filled at the election, no declared write-ins have filed
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0007|     for any position and there are no questions or bond issues on
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0008|     the ballot and notwithstanding any other provision in this
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0009|     chapter; or
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0010|                 (3)  <s>[for]</s> emergency ballots in case of a
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0011|     malfunction of the voting machine."
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0012|       Section 5.  Section 1-22-12 NMSA 1978 (being Laws 1985,
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0013|     Chapter 168, Section 14, as amended) is amended to read:
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0014|       "1-22-12.  CONDUCT OF ELECTIONS.--
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0015|            A.  Except as otherwise provided in the School
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0016|     Election Law <u>or the Mail Ballot Election Act</u>, the county clerk
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0017|     shall administer and conduct school district elections pursuant
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0018|     to the provisions of the Election Code <s>[for the conduct of
</s>    |
<s></s>0019| <s>    general elections]</s> <u>and the Absent Voter Act</u>.
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0020|            B.  Precinct board members for <s>[each polling place]</s>
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0021|     <u>a regular precinct board or for an absent voter precinct board</u>
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0022|     shall be appointed by the county clerk from among those persons
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0023|     who meet the qualifications set forth in Section 1-2-7 NMSA 1978
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0024|     and who reside within the school district.  The number of
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0025|     members on <s>[each]</s> <u>a</u> precinct board shall be as provided in
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0001|     Section 1-2-12 NMSA 1978.  Vacancies on election day shall be
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0002|     filled as provided in Section 1-2-15 NMSA 1978.
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0003|            C.  In the event that only one candidate has filed a
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0004|     declaration of candidacy for each position to be filled at the
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0005|     election, no declared write-ins have filed for any position and
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0006|     there are no questions or bond issues on the ballot, the county
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0007|     clerk shall perform the duties of the precinct board and no
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0008|     other precinct board shall be appointed.
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0009|            D.  All costs of school district elections shall be
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0010|     paid by the school district."
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0011|       Section 6.  Section 1-22-18 NMSA 1978 (being Laws 1985,
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0012|     Chapter 168, Section 20) is amended to read:
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0013|       "1-22-18.  WRITE-IN CANDIDATES.--
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0014|            A.  Write-in candidates for the office of board
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0015|     member shall be permitted in school district elections.
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0016|            B.  A person may be a write-in candidate only if he
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0017|     has the qualifications to be a candidate for membership on the
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0018|     board in the school district election as provided in the School
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0019|     Election Law.
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0020|            C.  A person desiring to be a write-in candidate for
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0021|     the office of board member shall file with the proper filing
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0022|     officer a declaration of intent to be a write-in candidate.  The
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0023|     declaration shall be filed before 5:00 p.m. on the thirty-fifth
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0024|     day preceding the date of the election.
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0025|            D.  A write-in vote shall be counted and canvassed
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0001|     only if:
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0002|                 (1)  the name written in is the name of a
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0003|     declared write-in candidate and shows two initials and last
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0004|     name; first name, middle initial or name and last name; first
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0005|     and last name; or the full name as it appears on the declaration
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0006|     of intent to be a write-in candidate and if misspellings of
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0007|     those combinations can be reasonably determined by a majority of
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0008|     the members of the precinct board to identify a declared write-in candidate; and
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0009|                 (2)  the name is written in the proper slot on
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0010|     the voting machine or on the proper line provided on the paper
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0011|     ballot, absentee ballot, <s>[or]</s> emergency <u>ballot or mail</u>
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0012|     ballot for write-in votes for the office and position for which
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0013|     the candidate has declared his intent.
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0014|            E.  At the time of filing the declaration of intent
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0015|     to be a write-in candidate, the write-in candidate shall be
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0016|     considered a candidate for all purposes and provisions relating
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0017|     to candidates in the School Election Law except that he shall
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0018|     not be entitled to have his name printed on the ballot.
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0019|            F.  A write-in vote shall be cast by writing in the
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0020|     name.  As used in this section, "write-in" does not include the
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0021|     imprinting of any name by rubber stamp or similar device or the
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0022|     use of a preprinted sticker or label."
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0023|       Section 7.  Section 1-23-3 NMSA 1978 (being Laws 1987,
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0024|     Chapter 160, Section 3, as amended) is amended to read:
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0025|       "1-23-3.  ELECTION BY <s>[ALL-MAILED]</s> <u>MAIL</u> BALLOTS.--
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0001|            <u>A.</u>  Notwithstanding any other provision of law and
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0002|     regardless of the number of eligible voters within its
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0003|     boundaries, a local government may, by resolution of its
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0004|     governing body, conduct by <s>[all-mailed]</s> <u>use of a mail</u> ballot
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0005|     any bond election, any election on the imposition of a mill levy
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0006|     or a property tax rate for a specified purpose or any special
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0007|     election at which no candidates are to be nominated for or
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0008|     elected to office.
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0009|            <u>B.  Notwithstanding any other provision of law and
</u>    |
<u></u>0010| <u>    regardless of the number of eligible voters within its
</u>    |
<u></u>0011| <u>    district's boundaries, a local school board may conduct all
</u>    |
<u></u>0012| <u>    regular and special school district elections by use of a mail
</u>    |
<u></u>0013| <u>    ballot</u>."
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0014|       Section 8.  Section 1-23-5 NMSA 1978 (being Laws 1987,
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0015|     Chapter 160, Section 5, as amended) is amended to read:
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0016|       "1-23-5.  NO POLLING PLACE.--Upon the adoption of a
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0017|     resolution by the governing body to conduct an election by <s>[an
</s>    |
<s></s>0018| <s>    all-mailed]</s> <u>mail</u> ballot, each registered voter of the local
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0019|     government shall be mailed an absentee ballot along with a
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0020|     statement that there will be no polling place for the election. 
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0021|     The voter shall not be required to file an application for the
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0022|     absentee ballot.  The ballot shall be mailed to each voter no
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0023|     earlier than the thirty-fifth day prior to the election, and the
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0024|     mailing shall be completed by the <s>[fifth]</s> <u>tenth</u> day before
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0025|     the election."
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0001|       Section 9.  Section 1-23-7 NMSA 1978 (being Laws 1987,
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0002|     Chapter 160, Section 7, as amended) is amended to read:
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0003|       "1-23-7.  MAIL BALLOT ELECTION NOT TO BE COMBINED WITH
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0004|     OTHER ELECTIONS.--Mail ballot elections shall be used
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0005|     exclusively for voting in those elections specified in Section
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0006|     1-23-3 NMSA 1978 and shall not be used in connection with
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0007|     elections at which candidates <u>other than school board
</u>    |
<u></u>0008| <u>    candidates</u> are to be nominated for or elected to office."
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0009|                              
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0010|           
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0011|   
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0012|                    FORTY-SECOND LEGISLATURE
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0013|                      SECOND SESSION, 1996
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0014|   
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0015|   
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0016|                                              FEBRUARY 9, 1996
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0017|   
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0018|   Mr. President:
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0019|   
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0020|     Your COMMITTEES' COMMITTEE, to whom has been referred
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0021|   
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0022|                            SENATE BILL 3
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0023|   
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0024|   has had it under consideration and finds same to be GERMANE, PURSUANT
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0025|   TO SENATE EXECUTIVE MESSAGE NUMBER 13, and thence referred to the
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0001|   EDUCATION COMMITTEE.
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0002|   
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0003|                              Respectfully submitted,
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0004|   
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0005|   
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0006|   
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0007|   
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0008|                              __________________________________
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0009|                              SENATOR MANNY M. ARAOGON, Chairman 
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0010|   
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0011|   
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0012|   
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0013|   Adopted_______________________ Not Adopted_______________________
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0014|             (Chief Clerk)                        (Chief Clerk)
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0015|   
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0016|   
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0017|                     Date ________________________
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0018|   
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0019|   
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0020|   
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0021|     S0003CC1  
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0022|   
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0023|                      FORTY-SECOND LEGISLATURE
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0024|                        SECOND SESSION, 1996
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0025|   
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0001|   
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0002|                                                  February 10, 1996
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0003|   
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0004|   Mr. President:
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0005|   
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0006|     Your EDUCATION COMMITTEE, to whom has been referred
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0007|   
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0008|                            SENATE BILL 3
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0009|   
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0010|   has had it under consideration and reports same with recommendation that
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0011|   it DO PASS, and thence referred to the RULES COMMITTEE.
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0012|   
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0013|                              Respectfully submitted,
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0014|   
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0015|   
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0016|   
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0017|                              __________________________________
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0018|                              Carlos R. Cisneros, Chairman 
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0019|   
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0020|   
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0021|   
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0022|   Adopted_______________________ Not Adopted_______________________
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0023|             (Chief Clerk)                          (Chief Clerk)
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0024|   
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0025|   
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0001|                     Date ________________________
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0002|   
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0003|   
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0004|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0005|   Yes:  6
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0006|   No:        0
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0007|   Excused:   Carraro, Duran, Lyons, Scott
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0008|   Absent:    None
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0009|   
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0010|   
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0011|   S0003ED1
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0012|   
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0013|       
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0014|   
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0015|                      FORTY-SECOND LEGISLATURE
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0016|                        SECOND SESSION, 1996
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0017|   
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0018|   
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0019|                                                  February 14, 1996
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0020|   
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0021|   Mr. President:
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0022|   
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0023|     Your RULES COMMITTEE, to whom has been referred
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0024|   
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0025|                            SENATE BILL 3
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0001|   
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0002|   has had it under consideration and reports same with recommendation that
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0003|   it DO PASS.
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0004|   
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0005|                              Respectfully submitted,
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0006|   
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0007|   
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0008|   
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0009|                              __________________________________
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0010|                              Gloria Howes, Chairman 
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0011|   
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0012|   
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0013|   
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0014|   Adopted_______________________ Not Adopted_______________________
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0015|             (Chief Clerk)                          (Chief Clerk)
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0016|   
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0017|   
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0018|   
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0019|                     Date ________________________
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0020|   
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0021|   
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0022|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0023|   Yes:  6
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0024|   No:        0
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0025|   Excused:   Aragon, Donisthorpe, EJennings
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0001|   Absent:    0
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0002|   
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0003|   
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0004|   S0003RU1
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0005|   
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