0001| SENATE BILL 17 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| DIANNA J. DURAN | 0006| | 0007| | 0008| | 0009| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE | 0010| | 0011| AN ACT | 0012| RELATING TO ELECTIONS; REQUIRING A CANDIDATE FOR A LOCAL SCHOOL | 0013| BOARD TO FILE A NOMINATING PETITION; AMENDING AND ENACTING | 0014| SECTIONS OF THE SCHOOL ELECTION LAW. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 1-22-2 NMSA 1978 (being Laws 1985, | 0018| Chapter 168, Section 4, as amended) is amended to read: | 0019| "1-22-2. DEFINITIONS.--As used in the School Election Law: | 0020| A. "board" means the governing authority of the | 0021| local school district; | 0022| B. "county clerk" means the clerk of each county in | 0023| which the school district is situate; | 0024| C. "proper filing officer" means the county clerk | 0025| or, in the case of a multicounty school district, the clerk of | 0001| the county in which the administrative office of the school | 0002| district is situate; | 0003| D. "magistrate" means the magistrate whose office is | 0004| situated in the municipality where the administrative office of | 0005| the school district is located or in close proximity to the | 0006| municipality; | 0007| E. "nominating petition" means the authorized form | 0008| used for obtaining the required number of signatures of voters, | 0009| which is signed on behalf of the person wishing to become a | 0010| candidate for the board; | 0011| [E.] F. "school district election" means any | 0012| regular or special school district election except a recall | 0013| election; and | 0014| [F.] G. "superintendent" means the | 0015| superintendent of schools of the local school district." | 0016| Section 2. Section 1-22-3 NMSA 1978 (being Laws 1985, | 0017| Chapter 168, Section 5) is amended to read: | 0018| "1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF | 0019| CANDIDATES.-- | 0020| A. A school district election shall be held in each | 0021| school district to elect qualified persons to membership on a | 0022| local school board. No person shall become a candidate for | 0023| membership on a board unless his record of voter registration | 0024| shows that he is a qualified elector of the state and a resident | 0025| of the school district in which he is a candidate and he files | 0001| a declaration of candidacy and a nominating petition. | 0002| B. A regular school district election shall be held | 0003| in each school district on the first Tuesday in February of each | 0004| odd-numbered year. | 0005| C. A school district election held at any time other | 0006| than the date for the regular school district election shall be | 0007| a special school district election. | 0008| D. Except as otherwise provided in the School | 0009| Election Law, school district elections shall be called, | 0010| conducted and canvassed as provided in the Election Code." | 0011| Section 3. Section 1-22-4 NMSA 1978 (being Laws 1985, | 0012| Chapter 168, Section 6, as amended) is amended to read: | 0013| "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.-- | 0014| A. The board shall by resolution issue a public | 0015| proclamation in Spanish and English calling a regular school | 0016| district election within the school district on the date | 0017| prescribed by the School Election Law. The proclamation shall | 0018| be filed by the superintendent with the county clerk of record | 0019| on the last Friday in November of the even-numbered year | 0020| immediately preceding the date of the election. | 0021| B. The proclamation shall specify: | 0022| (1) the date when the election will be held; | 0023| (2) the positions on the board to be filled; | 0024| (3) the date on which declarations of candidacy | 0025| and nominating petitions are to be filed; | 0001| (4) the date on which declarations of intent to | 0002| be a write-in candidate are to be filed; | 0003| (5) the questions to be submitted to the | 0004| voters; | 0005| (6) the precincts in each county in which the | 0006| election is to be held and the location of each polling place; | 0007| (7) the hours each polling place will be open; | 0008| and | 0009| (8) the date and time of the closing of the | 0010| registration books by the county clerk of record as required by | 0011| law. | 0012| C. After [filing] the proclamation is filed with | 0013| the county clerk of record and not less than fifty days before | 0014| the date of the election, the county clerk of record shall | 0015| publish the proclamation at least once in a newspaper of general | 0016| circulation within the school district. The publication of the | 0017| proclamation shall conform to the requirements of the federal | 0018| Voting Rights Act of 1965, as amended." | 0019| Section 4. Section 1-22-5 NMSA 1978 (being Laws 1985, | 0020| Chapter 168, Section 7, as amended) is amended to read: | 0021| "1-22-5. SPECIAL ELECTION--PROCLAMATION--PUBLICATION.-- | 0022| A. Whenever a special school district election is to | 0023| be called or is required by law, the board shall by resolution | 0024| issue a public proclamation in Spanish and English calling the | 0025| election. The proclamation shall forthwith be filed by the | 0001| superintendent with the county clerk of record. | 0002| B. The proclamation shall specify: | 0003| (1) the date on which the special election will | 0004| be held; | 0005| (2) the positions on the board to be filled; | 0006| (3) the date on which declarations of candidacy | 0007| and nominating petitions are to be filed; | 0008| (4) the date on which declarations of intent to | 0009| be a write-in candidate are to be filed; | 0010| (5) the questions to be submitted to the | 0011| voters; | 0012| (6) the precincts in each county in which the | 0013| election is to be held and the location of each polling place; | 0014| (7) the hours each polling place will be open; | 0015| and | 0016| (8) the date and time of the closing of the | 0017| registration books by the county clerk of record as required by | 0018| law. | 0019| C. After [filing] the proclamation is filed with | 0020| the county clerk of record and not less than fifty days before | 0021| the date of the election, the county clerk of record shall | 0022| publish the proclamation at least twice in a newspaper of | 0023| general circulation in the school district. The publication of | 0024| the proclamation shall conform to the requirements of the | 0025| federal Voting Rights Act of 1965, as amended." | 0001| Section 5. Section 1-22-7 NMSA 1978 (being Laws 1985, | 0002| Chapter 168, Section 9) is amended to read: | 0003| "1-22-7. DECLARATION OF CANDIDACY--NOMINATING PETITION--FILING DATE--PENALTY.-- | 0004| A. A declaration of candidacy for membership on the | 0005| board to be filled at a regular school district election shall | 0006| be filed with the proper filing officer during the period | 0007| commencing at 9:00 a.m. on the third Tuesday in December of the | 0008| even-numbered year immediately preceding the date of the regular | 0009| school district election and ending at 5:00 p.m. on the same | 0010| day. A declaration of candidacy shall be accompanied by a | 0011| nominating petition. | 0012| B. A declaration of candidacy for membership on the | 0013| board to be filled at a special school district election shall | 0014| be filed with the proper filing officer during the period | 0015| commencing at 9:00 a.m. on the forty-eighth day before the | 0016| election and ending at 5:00 p.m. on the same day. A | 0017| declaration of candidacy shall be accompanied by a nominating | 0018| petition. | 0019| C. Any person knowingly making a false statement in | 0020| his declaration of candidacy or nominating petition is guilty | 0021| of a fourth degree felony." | 0022| Section 6. Section 1-22-8 NMSA 1978 (being Laws 1985, | 0023| Chapter 168, Section 10, as amended by Laws 1993, Chapter 314, | 0024| Section 63 and also by Laws 1993, Chapter 316, Section 61) is | 0025| amended to read: | 0001| "1-22-8. DECLARATION OF CANDIDACY--SWORN STATEMENT OF | 0002| INTENT--FORM.--In making a declaration of candidacy, the | 0003| candidate shall submit a sworn statement of intent in | 0004| substantially the following form: | 0005| "DECLARATION OF CANDIDACY--STATEMENT OF INTENT | 0006| I, ___________________, (candidate's name on certificate of | 0007| registration) being first duly sworn, say that I am a voter of | 0008| Precinct No. _______________ of the county of | 0009| __________________, State of New Mexico. I reside | 0010| at________________________________________________; | 0011| I am a qualified elector of the State of New Mexico | 0012| residing within _______________________ school district; | 0013| I desire to become a candidate for the office of | 0014| __________________________, Position No. __________________ at | 0015| the school district election to be held on the date set by law; | 0016| I am submitting with this statement a nominating petition | 0017| in the form and manner prescribed in the School Election Law; | 0018| I will be eligible and legally qualified to hold this | 0019| office at the beginning of its term; and | 0020| I make the foregoing affidavit under oath, knowing that any | 0021| false statement herein constitutes a felony punishable under the | 0022| criminal laws of New Mexico. | 0023| _______________________ | 0024| (Declarant) | 0025| _______________________ | 0001| (Mailing Address) | 0002| _______________________ | 0003| (Residence Address) | 0004| Subscribed and sworn to before me this ____ day of | 0005| _______________________, 19 _____. | 0006| __________________________________. | 0007| (Notary Public) | 0008| My commission expires: | 0009| ______________________________"." | 0010| Section 7. A new section of the School Election Law, | 0011| Section 1-22-8.1 NMSA 1978, is enacted to read: | 0012| "1-22-8.1. [NEW MATERIAL] SCHOOL ELECTION LAW--NOMINATING PETITION.-- | 0013| A. Nominating petitions for candidates for the board | 0014| shall be signed by a number of voters equal to at least three | 0015| percent of the total number of registered voters who voted in | 0016| the district or a single-member election district at the last | 0017| board election. Nominating petitions for candidates in | 0018| districts that are changing from at-large school board elections | 0019| to single-member district elections shall be waived for the | 0020| first election only. | 0021| B. Each signer of a nominating petition shall sign | 0022| only one petition for each board position to be elected. | 0023| C. A signature shall be counted on a nominating | 0024| petition unless there is evidence presented that the person | 0025| signing: | 0001| (1) is not a voter of the state and school | 0002| district to be represented by the office for which the person | 0003| seeking the nomination is a candidate; | 0004| (2) has signed more than one petition for the | 0005| same office or has signed one petition more than once; or | 0006| (3) is not the person whose name and address | 0007| appear next to the signature line on the nominating petition. | 0008| D. The procedures set forth in this section shall be | 0009| used to validate signatures on any petition required by the | 0010| School Election Law." | 0011| Section 8. A new section of the School Election Law, | 0012| Section 1-22-8.2 NMSA 1978, is enacted to read: | 0013| "1-22-8.2. [NEW MATERIAL] SCHOOL ELECTION LAW--NOMINATING PETITION--FILING AND FORM.-- | 0014| A. In making a declaration of candidacy, the | 0015| candidate at the same time shall file a nominating petition, | 0016| which shall be on forms prescribed by law. | 0017| B. The nominating petition shall be on paper | 0018| approximately eight and one-half inches wide and fourteen inches | 0019| long with numbered lines for signatures spaced approximately | 0020| three-eighths of an inch apart and shall be in the following | 0021| form: | 0022| "NOMINATING PETITION | 0023| I, the undersigned, a registered voter of the county of | 0024| __________________, New Mexico, hereby nominate _______________, | 0025| who resides at _______________ in the county of _______________, | 0001| New Mexico, for the office of ___________________, to be voted | 0002| for at the school district election to be held on _____________, | 0003| and I declare that I am a resident of the state and district to | 0004| be represented by the office for which the person being | 0005| nominated is a candidate. I also declare that I have not | 0006| signed, and will not sign, any nominating petition for more | 0007| persons than the number of candidates necessary to fill such | 0008| office at the next school district election. | 0009| 1. __________ ____________ ____________ ____________ | 0010| (usual (name printed (address as (city or | 0011| signature) as registered) registered) rt. no.) | 0012| 2. __________ ____________ ____________ ____________ | 0013| (usual (name printed (address as (city or | 0014| signature) as registered) registered) rt. no.)". | 0015| C. In July of odd-numbered years, the secretary of | 0016| state shall furnish to each county clerk a sample of a | 0017| nominating petition form, a copy of which shall be made | 0018| available by the county clerk upon request of any candidate. | 0019| D. The signature of the voter shall not be counted | 0020| unless the entire line indicates the voter's usual signature, | 0021| his name printed as registered and his address as registered and | 0022| his city or route number and is upon the form furnished by the | 0023| secretary of state to the county clerks or a duplicate thereof. | 0024| E. When more than one sheet is required for a | 0025| petition, each of the sheets shall be in the form prescribed by | 0001| this section and all sheets shall be firmly secured by a staple | 0002| or other suitable fastening." | 0003| Section 9. A new section of the School Election Law, | 0004| Section 1-22-8.3 NMSA 1978, is enacted to read: | 0005| "1-22-8.3. [NEW MATERIAL] SCHOOL ELECTION LAW--NOMINATING PETITION--WITHDRAWALS AND ADDITIONS--COPIES MADE | 0006| AVAILABLE.-- | 0007| A. A nominating petition when filed shall not be | 0008| withdrawn or added to, nor shall any person be permitted to | 0009| revoke his signature. A nominating petition shall be complete | 0010| when filed. The proper filing officer shall not permit | 0011| additions to or withdrawals from a nominating petition after it | 0012| is filed, nor shall any person be permitted to revoke his | 0013| signature on a petition after it has been filed. | 0014| B. The original nominating petition shall remain in | 0015| the filing officer's office and copies shall be made available | 0016| by the filing officer for a nominal cost." | 0017| Section 10. A new section of the School Election Law, | 0018| Section 1-22-8.4 NMSA 1978, is enacted to read: | 0019| "1-22-8.4. [NEW MATERIAL] SCHOOL ELECTION LAW--FALSIFYING A NOMINATING PETITION--PENALTY.-- | 0020| A. Any person who knowingly falsifies any | 0021| information on a nominating petition is guilty of falsifying an | 0022| election document. | 0023| B. It is unlawful for any person to knowingly | 0024| circulate, present or offer to present for the signature of | 0025| another person a nominating petition that does not clearly show | 0001| on the face of the petition the name of the candidate, the | 0002| address at which the candidate resides, the candidate's county | 0003| of residence and the office for which the candidate seeks | 0004| nomination. Any person violating the provisions of this | 0005| subsection is guilty of a misdemeanor and upon conviction shall | 0006| be sentenced to imprisonment in the county jail for a definite | 0007| term of less than one year or to the payment of a fine of not | 0008| more than one thousand dollars ($1,000) or to both the | 0009| imprisonment and fine at the discretion of the judge." | 0010| Section 11. Section 1-22-10 NMSA 1978 (being Laws 1985, | 0011| Chapter 168, Section 12, as amended) is amended to read: | 0012| "1-22-10. BALLOTS.-- | 0013| A. The proper filing officer shall determine whether | 0014| a candidate filing a declaration of candidacy is a registered | 0015| qualified elector of the state residing within the school | 0016| district and whether he has filed a proper nominating | 0017| petition. If the candidate is so qualified and no withdrawal | 0018| of candidacy has been filed as provided in the School Election | 0019| Law, the proper filing officer shall place the candidate's name | 0020| on the ballot for the position specified in the declaration of | 0021| candidacy. A declaration of candidacy shall not be amended | 0022| after it has been filed with the proper filing officer. | 0023| B. Ballots for the school district election shall be | 0024| prepared by the proper filing officer and printed by the | 0025| thirtieth day preceding the election. The cost of printing the | 0001| ballots shall be paid by the school district. The proper filing | 0002| officer shall furnish printed ballots to the county clerk of | 0003| each county in which the school district is situate. The | 0004| printed ballot shall contain the name of each candidate and the | 0005| position on the board for which he is a candidate. The ballot | 0006| shall also contain all questions to be submitted to the voters | 0007| of the district as certified to the proper filing officer by the | 0008| board. | 0009| C. Paper ballots and ballot labels shall be printed | 0010| in a form in substantial compliance with the provisions of | 0011| Section 1-12-44 NMSA 1978 and in compliance with the provisions | 0012| of the federal Voting Rights Act of 1965, as amended. | 0013| D. A school district election shall be a nonpartisan | 0014| election, and the names of all candidates shall be listed on the | 0015| ballot without party or slate designation. The order in which | 0016| the names of candidates are listed on the ballot shall be | 0017| determined by lot. | 0018| E. Whenever two or more members of the board are to | 0019| be elected for terms of the same length of time, the positions | 0020| shall be numerically designated on the ballot as "position one", | 0021| "position two" and such additional consecutively numbered | 0022| positions as are necessary, but only one member shall be elected | 0023| for each position. | 0024| F. Space shall be provided on each ballot for a | 0025| voter to write in the name of one candidate for each position to | 0001| be filled when a declaration of intent to be a write-in | 0002| candidate has been filed. | 0003| G. Voting machines shall be used for the recording | 0004| of votes cast in a school district election; provided that paper | 0005| ballots may be used in lieu of a voting machine for: | 0006| (1) school districts of less than five hundred | 0007| average daily membership; | 0008| (2) school district elections in which only one | 0009| candidate has filed a declaration of candidacy for each position | 0010| to be filled at the election, no declared write-ins have filed | 0011| for any position and there are no questions or bond issues on | 0012| the ballot and notwithstanding any other provision in [this | 0013| chapter] the Election Code; or | 0014| (3) [for] emergency ballots in case of a | 0015| malfunction of the voting machine." | 0016|  | 0017| | 0018| FORTY-SECOND LEGISLATURE | 0019| SECOND SESSION, 1996 | 0020| | 0021| | 0022| JNUARY 18, 1996 | 0023| | 0024| Mr. President: | 0025| | 0001| Your COMMITTEES' COMMITTEE, to whom has been referred | 0002| | 0003| SENATE BILL 17 | 0004| | 0005| has had it under consideration and finds same to be GERMANE, PURSUANT | 0006| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SENATE | 0007| RULES COMMITTEE. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| __________________________________ | 0015| SENATOR MANNY M. ARAGON, Chairman | 0016| | 0017| | 0018| | 0019| Adopted_______________________ Not Adopted_______________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| Date ________________________ | 0024| | 0025| | 0001| | 0002| The roll call vote was For Against | 0003| Yes: | 0004| No: | 0005| Excused: | 0006| Absent: | 0007| | 0008| | 0009| S00017CC1 | 0010| | 0011| FORTY-SECOND LEGISLATURE | 0012| SECOND SESSION, 1996 | 0013| | 0014| | 0015| February 8, 1996 | 0016| | 0017| Mr. President: | 0018| | 0019| Your RULES COMMITTEE, to whom has been referred | 0020| | 0021| SENATE BILL 17 | 0022| | 0023| has had it under consideration and reports same with recommendation that | 0024| it DO PASS, and thence referred to the EDUCATION COMMITTEE. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| __________________________________ | 0006| Gloria Howes, Chairman | 0007| | 0008| | 0009| | 0010| Adopted_______________________ Not Adopted_______________________ | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| | 0014| Date ________________________ | 0015| | 0016| | 0017| The roll call vote was 5 For 0 Against | 0018| Yes: 5 | 0019| No: 0 | 0020| Excused: Altamirano, Aragon, EJennings, Romero | 0021| Absent: 0 | 0022| | 0023| | 0024| S0017RU1 | 0025| | 0001| | 0002| | 0003| FORTY-SECOND LEGISLATURE | 0004| SECOND SESSION, 1996 | 0005| | 0006| | 0007| February 10, 1996 | 0008| | 0009| Mr. President: | 0010| | 0011| Your EDUCATION COMMITTEE, to whom has been referred | 0012| | 0013| SENATE BILL 17 | 0014| | 0015| has had it under consideration and reports same with recommendation that | 0016| it DO PASS. | 0017| | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| __________________________________ | 0023| Carlos R. Cisneros, Chairman | 0024| | 0025| | 0001| | 0002| Adopted_______________________ Not Adopted_______________________ | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| | 0006| | 0007| Date ________________________ | 0008| | 0009| | 0010| The roll call vote was 6 For 0 Against | 0011| Yes: 6 | 0012| No: 0 | 0013| Excused: Carraro, Duran, Lyons, Scott | 0014| Absent: None | 0015| | 0016| | 0017| S0017ED1 | 0018| |