HOUSE BILL 248
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
James E. Smith and Daniel A. Ivey-Soto and Tim D. Lewis
AN ACT
RELATING TO SCHOOL ELECTIONS; PROVIDING PROCEDURES FOR ESTABLISHMENT OF SUFFICIENT ALTERNATE VOTING SITES; PROVIDING FOR NOTICE OF THE LOCATION OF ALTERNATE VOTING SITES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-22-4 NMSA 1978 (being Laws 1985, Chapter 168, Section 6, as amended) is amended to read:
"1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
A. The board shall by resolution issue a public proclamation in Spanish and English calling a regular school district election within the school district on the date prescribed by the School Election Law. The proclamation shall be filed by the superintendent with the county clerk of record on the last Tuesday in November of the even-numbered year immediately preceding the date of the election.
B. The proclamation shall specify:
(1) the date when the election will be held;
(2) the positions on the board to be filled;
(3) the date on which declarations of candidacy are to be filed;
(4) the date on which declarations of intent to be a write-in candidate are to be filed;
(5) the questions to be submitted to the voters;
(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the location of each alternate voting location for early voting;
[(7)] (8) the hours each polling place and alternate voting location will be open; and
[(8)] (9) the date and time of the closing of the registration books by the county clerk of record as required by law.
C. After filing the proclamation with the county clerk of record and not less than fifty days before the date of the election, the county clerk of record shall publish the proclamation at least once in a newspaper of general circulation within the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
SECTION 2. Section 1-22-5 NMSA 1978 (being Laws 1985, Chapter 168, Section 7, as amended) is amended to read:
"1-22-5. SPECIAL ELECTION--PROCLAMATION--PUBLICATION.--
A. Whenever a special school district election is to be called or is required by law, the board shall by resolution issue a public proclamation in Spanish and English calling the election. The proclamation shall forthwith be filed by the superintendent with the proper filing officer.
B. The proclamation shall specify:
(1) the date on which the special election will be held;
(2) the questions to be submitted to the voters;
(3) the precincts in each county in which the election is to be held and the location of each polling place;
(4) the location of each alternate voting location for early voting;
[(4)] (5) the hours each polling place and each alternate voting location will be open; and
[(5)] (6) the date and time of the closing of the registration books by the proper filing officer as required by law.
C. After filing the proclamation with the proper filing officer and not less than fifty days before the date of the election, the proper filing officer shall publish the proclamation at least twice in a newspaper of general circulation in the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
SECTION 3. Section 1-22-6 NMSA 1978 (being Laws 1985, Chapter 168, Section 8, as amended) is amended to read:
"1-22-6. PRECINCTS--CONSOLIDATION--POLLING PLACES.--
A. The same precincts that are used in a general election shall be used in a school district election, provided that:
(1) if a precinct lies partly within and partly outside of a school district, the part of the precinct lying within the school district constitutes a precinct for a school district election; and
(2) all of the area within the exterior boundaries of a school district may constitute one precinct for a school district election.
B. In the event that only one candidate has filed a declaration of candidacy for each position to be filled at an election and no declared write-in candidates have filed for any position and there are no questions or bond issues on the ballot, only one polling place for the election shall be designated and it shall be in a designated polling place in the school district of the county in which the school district is located, which may include the county clerk's office if it is located within the school district.
C. Except as otherwise provided in the School Election Law, the county clerk shall consolidate precincts for a school district election, [as provided in the proclamation for that election] in consultation with the board, to ensure that voters have adequate access to alternate voting locations for early voting in the district, taking into consideration population density and travel time to the voting location in the district, and shall provide for a polling place within each precinct or consolidated precinct. A consolidated precinct in a school district election shall be composed of no more than twenty precincts."
SECTION 4. Section 1-22-19 NMSA 1978 (being Laws 1985, Chapter 168, Section 21, as amended) is amended to read:
"1-22-19. ABSENTEE VOTING.--
A. A voter may vote in a school district election by absentee ballot for all candidates and on all questions appearing on the ballot in the voter's precinct as if the voter were casting the ballot in person at the polling place on election day.
B. The provisions of the Absent Voter Act apply to absentee voting in school district elections, provided that absentee ballots may be marked in person during the regular hours and days of business at the county clerk's office from 8:00 a.m. on the twenty-fifth day preceding the election until 5:00 p.m. on the Friday immediately prior to the date of the election. Absentee ballots shall be printed at least thirty days prior to the date of the election. In addition, provisions may be made by the board in the proclamation, after consultation with the county clerk, for absentee voting by electronic voting machine at alternate voting locations at any time beginning on the twentieth day preceding an election through the Saturday immediately prior to the date of the election.
C. A regular precinct board may be designated to serve as the absent voter precinct board. A member of the absent voter precinct board shall receive the same compensation as a regular precinct board member. A regular precinct board member who also serves as a member of the absent voter precinct board shall not be entitled to extra compensation for serving on the absent voter precinct board."
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