HOUSE BILL 146
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Mary Helen Garcia
AN ACT
RELATING TO LOCAL SCHOOL BOARDS; LIMITING SCHOOL BOARD RECALL PETITION SIGNATURES TO THOSE REGISTERED VOTERS WHO RESIDE IN THE MEMBER'S SCHOOL BOARD DISTRICT; PROVIDING THE SAME LIMITATION FOR RECALL ELECTIONS; LIMITING THE NUMBER OF TIMES A RECALL PETITION MAY BE SUBMITTED AGAINST THE SAME LOCAL SCHOOL BOARD MEMBER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-7-1 NMSA 1978 (being Laws 1977, Chapter 308, Section 1) is amended to read:
"22-7-1. SHORT TITLE.--[This act] Chapter 22, Article 7 NMSA 1978 may be cited as the "Local School Board Member Recall Act"."
Section 2. Section 22-7-6 NMSA 1978 (being Laws 1977, Chapter 308, Section 6, as amended) is amended to read:
"22-7-6. PETITION.--
A. A separate petition shall be initiated for each named member.
B. The petition shall be on eight and one-half inch by fourteen inch paper.
C. All information written on the petition form shall be in compliance with the federal Voting Rights Act of 1965, as amended.
D. Each face sheet of a petition shall contain the following:
(1) a space for the initiation date;
(2) a notice at the top of the sheet stating: "Recall is a local decision to be funded by local money. Additional state funds will not be advanced to support recall.";
(3) a space for the name of the named member;
(4) a space for the name of the person, group or organization initiating the petition;
(5) a space in which to list the specific charges in support of the recall of the named member that constitute malfeasance in office, misfeasance in office or violation of oath of office; and
(6) a notice stating "Signatures are valid for a maximum of one hundred ten days from date of initiation.".
E. The remaining portion of the face sheet shall be substantially in the following form:
"I, the undersigned, a registered voter in the county of ____________________, New Mexico, and a resident of the ______________ school district and a resident of the same local school board district as the named member (if applicable), hereby petition for the recall of the local school board member named on the face sheet of this petition.
1._____________ _____________ ____________ ______ ______
Usual Signature Name Printed Address As City Date
As Registered Registered
2._____________ _____________ ____________ ______ ______".
Usual Signature Name Printed Address As City Date
As Registered Registered
F. One completed face sheet or duplicate [thereof] of the face sheet shall be the first page of all circulated petitions.
G. Each subsequent page of the petition shall have approximately twenty-five lines numbered one to twenty-five and shall be substantially in the form as provided in Subsection E of this section.
H. A petition for recall of a named member shall not be submitted more than once during the term for which the member is elected."
Section 3. Section 22-7-7 NMSA 1978 (being Laws 1977, Chapter 308, Section 7, as amended) is amended to read:
"22-7-7. AFFIDAVIT WITH PETITION--PENALTY.--
A. When submitted to the county clerk, each petition shall have a notarized affidavit attached. The affidavit shall state that the canvasser is a registered voter of the school district and that the canvasser circulated that particular petition and witnessed each signer write [his] the signer's signature and any other information recorded on the petition.
B. According to the best information and belief of the canvasser, the canvasser shall [insure] ensure the following:
(1) each signature is the signature of the person whose name it purports to be;
(2) each signer is a registered voter of the county and school district, and local school board district of the named member, if applicable, listed on the petition;
(3) each signature was obtained on or after the date of initiation; and
(4) each signer had an opportunity to read the information on the completed face sheet or an exact duplicate thereof.
C. Any knowingly false statement made in the affidavit constitutes a fourth degree felony."
Section 4. Section 22-7-10 NMSA 1978 (being Laws 1977, Chapter 308, Section 10, as amended) is amended to read:
"22-7-10. SIGNATURES.--
A. No signature may be signed on the petition prior to the initiation date.
B. Signatures are valid for a maximum of one hundred ten calendar days from the date of initiation.
C. Each signer of a recall petition shall sign [but] only one petition unless more than one member is a named member and the school district does not provide for single-member districts, and, in that case not more than the number of recall petitions equal to the number of named members shall be signed.
D. The signature shall not be counted unless the entire line is filled in full and is upon the form prescribed by the Local School Board Member Recall Act.
E. A signature shall be counted on a recall petition unless there is evidence presented that the person signing:
(1) is not a registered voter of the county [and of] the school district, and the local school board district of the named member, if applicable, listed on the face sheet of the petition;
(2) has signed more than one recall petition for one named member or has signed one petition more than once; or
(3) is not the person whose name appears on the recall petition.
F. The minimum number of verified signatures needed to validate a petition is thirty-three and one-third percent of the number of registered voters who voted for the school board position of the named member at the last preceding school board election."
Section 5. Section 22-7-13 NMSA 1978 (being Laws 1977, Chapter 308, Section 13, as amended) is amended to read:
"22-7-13. SPECIAL RECALL ELECTION.--
A. The date of the special recall election shall be set no later than ninety days after the date of the determination by the county clerk.
B. The question to be submitted to the voters at the special recall election shall be whether [or not] the named member shall be recalled.
C. Registered voters of the county and school district may vote on the question to recall a named member as follows:
(1) for any named member if the local school board is not districted; or
(2) for the named member in whose local school board district the registered voter resides.
[C.] D. A special recall election may be held in conjunction with a regular or a special school district election.
[D.] E. Whenever a special recall election is called, the county clerk shall give public notice of the special recall election by publishing information regarding the election once each week for four consecutive weeks. The first publication of the information shall be made between forty-five and sixty days before the date of the special recall election. Information regarding the election shall be in compliance with the federal Voting Rights Act of 1965, as amended, and shall include the date when the special recall election will be held, the question to be submitted to the voters, a brief description of the boundaries of each precinct, the location of each polling place, the hours each polling place will be open and the date and time of the closing of the registration books by the county clerk as required by law.
[E.] F. The ballot shall be in compliance with the federal Voting Rights Act of 1965, as amended, and shall present the voter the choice of voting "for the removal of the named member" or "against the removal of the named member".
[F.] G. All special recall elections shall be held in compliance with the federal Voting Rights Act of 1965, as amended.
[G.] H. Except as otherwise provided in the Local School Board Member Recall Act, special recall elections in a school district shall be conducted as provided in the Election Code."