HOUSE BILL 772

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

Kandy Cordova







AN ACT

RELATING TO ELECTIONS; PROVIDING THAT PUBLIC SCHOOLS SHALL SCHEDULE AN IN-SERVICE DAY OR BE CLOSED ON ELECTION DAY.



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

Section 1. Section 1-3-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 57, as amended) is amended to read:

"1-3-7. POLLING PLACES.--

A. No less than one polling place shall be provided for each precinct.

B. The board of county commissioners shall designate as the polling place, or places as the case may be, in each precinct the most convenient and suitable public building or public school building in the precinct that can be obtained.

C. If no public building or public school building is available, the board of county commissioners shall provide some other suitable place, which shall be the most convenient and appropriate place obtainable in the precinct, considering the purpose for which it is to be used pursuant to the Election Code.

D. If no public building or public school building is available in the precinct and if there is no other suitable place obtainable in the precinct, the board of county commissioners may designate as a polling place for the precinct the most convenient and suitable building or public school building nearest to that precinct that can be obtained. Provided, no polling place shall be designated outside the boundary of the precinct as provided in this subsection until such designated polling place is approved by written order of the district court of the county in which the precinct is located.

E. Upon application of the board of county commissioners, the governing board of any school district shall permit the use of any school building or a part thereof for registration purposes and the conduct of any election; provided, however, that the building or the part used for the election complies with the standards set out in the federal Voting Accessibility for the Elderly and Handicapped Act, Public Law 98-435.

F. Public schools [may] shall schedule an in-service day or be closed for elections [at the discretion of local school boards]."

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