0001| AN ACT | 0002| RELATING TO ELECTIONS; MOVING THE TIME THAT LOCAL SCHOOL BOARD, BRANCH | 0003| COMMUNITY COLLEGE BOARD, TECHNICAL AND VOCATIONAL INSTITUTE BOARD AND | 0004| AREA VOCATIONAL SCHOOL BOARD ELECTIONS ARE HELD; AMENDING SECTIONS OF | 0005| THE ELECTION CODE AND THE NMSA 1978. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 1-22-3 NMSA 1978 (being Laws 1985, Chapter | 0009| 168, Section 5) is amended to read: | 0010| "1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF | 0011| CANDIDATES.-- | 0012| A. A school district election shall be held in each school | 0013| district to elect qualified persons to membership on a local school | 0014| board. No person shall become a candidate for membership on a board | 0015| unless his record of voter registration shows that he is a qualified | 0016| elector of the state and a resident of the school district in which he | 0017| is a candidate. | 0018| B. A regular school district election shall be held in each | 0019| school district on the second Tuesday in November of each odd-numbered | 0020| year. | 0021| C. A school district election held at any time other than | 0022| the date for the regular school district election shall be a special | 0023| school district election. | 0024| D. Except as otherwise provided in the School Election Law, | 0025| school district elections shall be called, conducted and canvassed as | 0001| provided in the Election Code." | 0002| Section 2. Section 1-22-4 NMSA 1978 (being Laws 1985, Chapter | 0003| 168, Section 6, as amended) is amended to read: | 0004| "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.-- | 0005| A. The board shall by resolution issue a public | 0006| proclamation in Spanish and English calling a regular school district | 0007| election within the school district on the date prescribed by the | 0008| School Election Law. The proclamation shall be filed by the | 0009| superintendent with the county clerk of record on the first Friday in | 0010| September of the odd-numbered year immediately preceding the date of | 0011| the election. | 0012| B. The proclamation shall specify: | 0013| (1) the date when the election will be held; | 0014| (2) the positions on the board to be filled; | 0015| (3) the date on which declarations of candidacy are | 0016| to be filed; | 0017| (4) the date on which declarations of intent to be a | 0018| write-in candidate are to be filed; | 0019| (5) the questions to be submitted to the voters; | 0020| (6) the precincts in each county in which the | 0021| election is to be held and the location of each polling place; | 0022| (7) the hours each polling place will be open; and | 0023| (8) the date and time of the closing of the | 0024| registration books by the county clerk of record as required by law. | 0025| C. After the proclamation is filed by the superintendent | 0001| with the county clerk of record and not less than fifty days before | 0002| the date of the election, the county clerk of record shall publish the | 0003| proclamation at least once in a newspaper of general circulation | 0004| within the school district. The publication of the proclamation shall | 0005| conform to the requirements of the federal Voting Rights Act of 1965, | 0006| as amended." | 0007| Section 3. Section 1-22-7 NMSA 1978 (being Laws 1985, Chapter | 0008| 168, Section 9) is amended to read: | 0009| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.-- | 0010| A. A person seeking a school board position that will be | 0011| filled at a regular school district election shall file a declaration | 0012| of candidacy with the proper filing officer between the hours of 9:00 | 0013| a.m. and 5:00 p.m. on the fourth Tuesday in September of the odd- | 0014| numbered year immediately preceding the date of that election. | 0015| B. A person seeking a school board position that will be | 0016| filled at a special school district election shall file a declaration | 0017| of candidacy with the proper filing officer between the hours of 9:00 | 0018| a.m. and 5:00 p.m. on the forty-eighth day before the election. | 0019| C. Any person who knowingly makes a false statement in his | 0020| declaration of candidacy is guilty of a fourth degree felony." | 0021| Section 4. Section 3-8-9 NMSA 1978 (being Laws 1985, Chapter | 0022| 208, Section 17, as amended) is amended to read: | 0023| "3-8-9. ELECTION SCHEDULING--CONFLICTS--NOTICE.-- | 0024| A. Except as otherwise provided by law, no municipal elec- | 0025| | 0001| tion shall be held within thirty days prior to or within twenty-five | 0002| days after any statewide special, general or primary election or any | 0003| regular school district election. Whenever a municipal election would | 0004| be or has been scheduled within the prohibited time, the governing | 0005| body shall adopt an election resolution scheduling or rescheduling the | 0006| election on a date as soon as is practicable outside the prohibited | 0007| period and in compliance with the requirements of the Municipal | 0008| Election Code and any other statute specifically related to such | 0009| election. If an election resolution has already been adopted, the new | 0010| election resolution shall supersede the existing election resolution | 0011| and the new election resolution shall be published as required by the | 0012| Municipal Election Code. | 0013| B. Except as otherwise provided by law, one or more | 0014| municipal special elections, including but not limited to bond | 0015| elections, may be held in conjunction with a regular municipal | 0016| election or one or more special municipal elections. | 0017| C. When concurrent elections are called for, publications, | 0018| notices, selection of precinct boards, election schools, ordering | 0019| election supplies, conduct of the election, canvassing, record keeping | 0020| and all other election matters shall be conducted to comply with all | 0021| election requirements for each such election as if it were held | 0022| separately. However, any requirement may be satisfied by a combined | 0023| action if such action would satisfy the requirements set by law for | 0024| each individual election. Allowable combined actions include but are | 0025| not limited to, combined: | 0001| (1) publications; | 0002| (2) notices; | 0003| (3) appointment of precinct boards; | 0004| (4) ordering of election supplies; | 0005| (5) conduct of election; | 0006| (6) canvassing; and | 0007| (7) record keeping." | 0008| Section 5. Section 21-14-2.1 NMSA 1978 (being Laws 1985, Chapter | 0009| 238, Section 29) is amended to read: | 0010| "21-14-2.1. BRANCH COMMUNITY COLLEGE BOARD--LOCAL | 0011| OPTION.-- | 0012| A. A majority of the local board of education or the | 0013| combined boards of education acting as a single board may cease to | 0014| operate as the branch community college board and provide for an | 0015| elected branch community college board. In that event, the majority | 0016| of the local board of education or the combined boards of education | 0017| acting as a single board shall elect five persons as members of the | 0018| branch community college board. The persons elected shall be assigned | 0019| position numbers one through five. Board members shall be over | 0020| twenty-one years of age, qualified electors and residents of the | 0021| branch community college district. The members of the board shall | 0022| continue to serve until the next regular branch community college | 0023| election, to be held on the second Tuesday of November of each odd- | 0024| numbered year, at which time five board members shall be elected by | 0025| the registered voters of the branch community college district. The | 0001| candidates shall file for and be elected to a particular position | 0002| number. The candidate receiving the highest number of votes for a | 0003| particular position shall be elected. At the first board meeting | 0004| after the election, the five members shall draw lots for the following | 0005| terms: two for terms of two years and three for terms of four years. | 0006| Thereafter, board members shall be elected for terms of four years | 0007| from December 1 succeeding their election. All vacancies caused in | 0008| any other manner than by the expiration of the term of office shall be | 0009| filled by appointment by the remaining members. | 0010| B. Immediately after the election of the five members by | 0011| the assembled board of education members, the board shall select from | 0012| its members a chairman and secretary who shall serve in these offices | 0013| until the next regular branch community college board election. After | 0014| each branch community college board election, the members shall | 0015| proceed to reorganize. | 0016| C. The duties of the board shall continue as set out in | 0017| Chapter 21, Article 14 NMSA 1978." | 0018| Section 6. Section 21-16-5 NMSA 1978 (being Laws 1963, Chapter | 0019| 108, Section 5, as amended) is amended to read: | 0020| "21-16-5. BOARD.-- | 0021| A. The initial board of a technical and vocational | 0022| institute district shall be composed of: | 0023| (1) the board of the initiating school district, if | 0024| only one school district is involved; or | 0025| (2) if more than one school district is involved in | 0001| the initiation of the technical and vocational institute district, one | 0002| member delegated from each participating school board. If there are | 0003| an even number of participating school districts, the boards of all | 0004| participating school districts shall jointly appoint an additional | 0005| member to the governing board of the technical and vocational | 0006| institute district, who shall serve as a member at large. | 0007| B. At the second school board election held pursuant to | 0008| Section 1-22-3 NMSA 1978 following the creation of the technical and | 0009| vocational institute district, an election shall be held to elect | 0010| seven members to the institute board to replace the members holding | 0011| office under the provisions of Subsection A of this section. | 0012| (1) Except where specific provision is otherwise | 0013| provided by law, all election proceedings for institute district | 0014| elections shall be conducted pursuant to the provisions of the School | 0015| Election Law with the president of the technical and vocational | 0016| institute serving in the place of the superintendent of schools in | 0017| every case. | 0018| (2) The board shall consist of seven separate | 0019| positions, and each position shall be designated by number. Qualified | 0020| electors seeking election to the board shall file and run for only one | 0021| of the numbered positions. | 0022| (3) At the second school board election to be held | 0023| following the creation of the technical and vocational institute | 0024| district, members of the board elected to positions 1, 3, 5 and 7 | 0025| shall be elected for two-year terms and members elected to positions | 0001| 2, 4 and 6 shall be elected for four-year terms. Thereafter, each | 0002| board member shall be elected for a term of four years. The elections | 0003| shall be held in the same manner and at the same time as regular | 0004| school district elections on the second Tuesday in November of each | 0005| odd-numbered year. | 0006| C. A vacancy occurring on the board shall be filled in the | 0007| same manner as provided for school board vacancies in Section 22-5-9 | 0008| NMSA 1978." | 0009| Section 7. Section 21-17-4 NMSA 1978 (being Laws 1967, Chapter | 0010| 177, Section 4, as amended) is amended to read: | 0011| "21-17-4. DESIGNATION AS AN AREA VOCATIONAL SCHOOL BY THE STATE | 0012| BOARD.-- | 0013| A. Upon receipt and examination of the plan and supporting | 0014| evidence, the state board shall conduct hearings, investigate records | 0015| and procure such other information relating to vocational training as | 0016| it deems necessary and appropriate. | 0017| B. If the state board finds that the plan provides an | 0018| adequate, broad vocational and technical educational program, serves | 0019| sufficient students for an economical operation, provides for adequate | 0020| financing and sensibly relates to a statewide pattern for development | 0021| of vocational and technical education, the state board may approve the | 0022| plan. | 0023| C. Upon approval by the state board the board of each | 0024| school district concerned shall present the proposal for the creation | 0025| of an area vocational school district on a separate ballot at the time | 0001| of the next school board election or at any separate election called | 0002| for that purpose. If a majority of those qualified ad valorem tax | 0003| paying electors who are not delinquent in the payment of their ad | 0004| valorem tax, voting in the election in each school district concerned, | 0005| votes in favor of establishing an area vocational school district, the | 0006| board of each school district concerned shall declare the organization | 0007| of the area vocational school district. | 0008| D. After approval by the state board of the plan, the | 0009| school shall be officially designated by the state board as an area | 0010| vocational school, shall be operated in accordance with provisions in | 0011| the state plan for vocational education and shall meet all other | 0012| requirements of an accredited school. | 0013| E. At the next school board election held pursuant to | 0014| Section 1-22-3 NMSA 1978, an election may be held to elect five | 0015| members to the area vocational school board to replace the local | 0016| school board as the governing board of the area vocational school. | 0017| (1) Except where specific provision is otherwise | 0018| provided by law, all election proceedings for area vocational school | 0019| elections shall be conducted pursuant to the School Election Law with | 0020| the president of the area vocational school serving in the place of | 0021| the superintendent of schools in every case. | 0022| (2) The board shall consist of five separate | 0023| positions, and each position shall be designated by number. Qualified | 0024| electors seeking election to the board shall file and run for only one | 0025| of the numbered positions. | 0001| (3) At the school board election following the | 0002| designation of a school as an area vocational school by the state | 0003| board, members of the board elected to positions 1, 3 and 5 shall be | 0004| elected for two-year terms and members elected to positions 2 and 4 | 0005| shall be elected for four-year terms. Thereafter, each board member | 0006| shall be elected for a term of four years. The elections shall be | 0007| held in the same manner and at the same time as regular school | 0008| district elections on the second Tuesday in November of each odd- | 0009| numbered year. | 0010| F. A vacancy occurring on the board shall be filled in the | 0011| same manner as provided for school board vacancies in Section 22-5-9 | 0012| NMSA 1978. | 0013| G. A member of the board may be recalled pursuant to the | 0014| provisions of Article 12, Section 14 of the constitution of New | 0015| Mexico." | 0016| Section 8. Section 22-5-8 NMSA 1978 (being Laws 1967, Chapter | 0017| 16, Section 31, as amended) is amended to read: | 0018| "22-5-8. TERM OF OFFICE.-- | 0019| A. The full term of office for a member of a local school | 0020| board shall be four years from December 1 succeeding his election to | 0021| office at a regular school district election. | 0022| B. Any member of a local school board whose term of office | 0023| has expired shall continue in that office until his successor is | 0024| elected and qualified." | 0025| Section 9. TEMPORARY PROVISION--TERM OF OFFICE.--The term of | 0001| office for a local school board member, a branch community college | 0002| board member, a member of a board of a technical and vocational | 0003| institute or an area vocational school board member that would have | 0004| expired on March 1, 1999, or March 1, 2001, shall be extended until | 0005| December 1, 1999 and until December 1, 2001, respectively. On those | 0006| dates, the term of office of his successor elected on the new election | 0007| day of the second Tuesday in November shall begin. All subsequent | 0008| terms of office shall be for the regular term. | 0009| Section 10. EFFECTIVE DATE.--The effective date of the | 0010| provisions of this act is July 1, 1997. |