0001| SENATE BILL 113
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| RICHARD M. ROMERO
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO ELECTIONS; CLARIFYING RESIDENCY REQUIREMENTS;
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0012| CHANGING THE DATE THAT LOCAL SCHOOL BOARD, BRANCH COMMUNITY
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0013| COLLEGE BOARD, TECHNICAL AND VOCATIONAL INSTITUTE BOARD AND
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0014| AREA VOCATIONAL SCHOOL BOARD ELECTIONS ARE HELD; AMENDING
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0015| SECTIONS OF THE ELECTION CODE AND THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 1-1-7 NMSA 1978 (being Laws 1969,
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0019| Chapter 240, Section 6, as amended) is amended to read:
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0020| "1-1-7. RESIDENCE--RULES FOR DETERMINING.--For the
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0021| purpose of determining residence for voting, the place of
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0022| residence is governed by the following rules:
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0023| A. The residence of a person is that place [in
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which his habitation is fixed, and to which, whenever he is
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absent, he has the intention to return.
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B. The place where a person's family resides is
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presumed to be his place of residence, but a person who takes
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up or continues his abode with the intention of remaining at a
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place other than where his family resides is a resident where
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he abides] where he physically resides.
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0006| [C.] B. A change of residence is made only by
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0007| the act of removal joined with the intent to remain in another
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0008| place. There can be only one residence.
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0009| [D.] C. A person does not gain or lose
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0010| residence solely by reason of his presence or absence while
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0011| employed in the service of the United States or of this state,
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0012| or while a student at an institution of learning, or while
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0013| kept in an institution at public expense, or while confined in
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0014| a public prison or while residing upon an Indian or military
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0015| reservation.
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0016| [E.] D. No member of the armed forces of the
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0017| United States, his spouse or his dependent is a resident of
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0018| this state solely by reason of being stationed in this state.
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0019| [F.] E. A person does not lose his residence
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0020| if he leaves his home and goes to another country, state or
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0021| place within this state for temporary purposes only and with
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0022| the intention of returning.
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0023| [G.] F. A person does not gain a residence in
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0024| a place to which he comes for temporary purposes only.
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0025| [H.] G. A person loses his residence in this
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0001| state if he votes in another state in an election requiring
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0002| residence in that state, and has not upon his return regained
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0003| his residence in this state under the provisions of the
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0004| constitution of New Mexico.
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0005| [I.] H. "Residence" is computed by not
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0006| including the day on which the person's residence commences
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0007| and by including the day of the election.
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0008| [J.] I. A person does not acquire or lose
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0009| residence by marriage only."
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0010| Section 2. Section 1-1-7.1 NMSA 1978 (being Laws 1979,
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0011| Chapter 378, Section 1, as amended by Laws 1993, Chapter 314,
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0012| Section 1 and also by Laws 1993, Chapter 316, Section 1) is
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0013| amended to read:
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0014| "1-1-7.1. RESIDENCE FOR PURPOSE OF CANDIDACY AND SIGNING
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0015| OF PETITIONS--RULE FOR DETERMINING.--For the purpose of
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0016| determining the residence of a person desiring to be a
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0017| candidate for the nomination or election to an office under
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0018| the provisions of the Election Code or for the purpose of
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0019| determining the residence of any signer of a petition required
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0020| by the Election Code, permanent residence shall be resolved in
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0021| favor of that place shown on the person's affidavit of regis-
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0022|
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0023| tration as his permanent residence, provided the person
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0024| physically resides on the premises."
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0025| Section 3. Section 1-22-3 NMSA 1978 (being Laws 1985,
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0001| Chapter 168, Section 5, as amended) is amended to read:
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0002| "1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF
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0003| CANDIDATES.--
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0004| A. A school district election shall be held in
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0005| each school district to elect qualified persons to membership
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0006| on a [local school] board. No person shall become a
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0007| candidate for membership on a board unless his record of voter
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0008| registration shows that he is a qualified elector of the
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0009| state, physically resides in the school district in which he
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0010| is a candidate and physically resided in the district on the
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0011| date of the [school] board's proclamation calling a regular
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0012| school district election.
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0013| B. A regular school district election shall be
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0014| held in each school district on the [first Tuesday in
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February] second Tuesday in November of each odd-numbered
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0016| year.
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0017| C. A school district election held at any time
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0018| other than the date for the regular school district election
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0019| shall be a special school district election.
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0020| D. Except as otherwise provided in the School
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0021| Election Law, school district elections shall be called,
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0022| conducted and canvassed as provided in the Election Code."
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0023| Section 4. Section 1-22-4 NMSA 1978 (being Laws 1985,
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0024| Chapter 168, Section 6, as amended) is amended to read:
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0025| "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
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0001| A. The board shall by resolution issue a public
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0002| proclamation in Spanish and English calling a regular school
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0003| district election within the school district on the date
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0004| prescribed by the School Election Law. The proclamation shall
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0005| be filed by the superintendent with the county clerk of record
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0006| on the [last Friday in November of the even-numbered] first
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0007| Friday in September of the odd-numbered year immediately
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0008| preceding the date of the election.
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0009| B. The proclamation shall specify:
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0010| (1) the date when the election will be held;
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0011| (2) the positions on the board to be filled;
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0012| (3) the date on which declarations of
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0013| candidacy are to be filed;
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0014| (4) the date on which declarations of intent
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0015| to be a write-in candidate are to be filed;
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0016| (5) the questions to be submitted to the
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0017| voters;
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0018| (6) the precincts in each county in which the
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0019| election is to be held and the location of each polling place;
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0020| (7) the hours each polling place will be
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0021| open; and
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0022| (8) the date and time of the closing of the
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0023| registration books by the county clerk of record as required
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0024| by law.
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0025| C. After [filing] the superintendent files the
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0001| proclamation with the county clerk of record and not less than
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0002| fifty days before the date of the election, the county clerk
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0003| of record shall publish the proclamation at least once in a
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0004| newspaper of general circulation within the school district.
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0005| The publication of the proclamation shall conform to the
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0006| requirements of the federal Voting Rights Act of 1965, as
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0007| amended."
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0008| Section 5. Section 1-22-7 NMSA 1978 (being Laws 1985,
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0009| Chapter 168, Section 9) is amended to read:
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0010| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE--
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0011| PENALTY.--
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0012| A. A declaration of candidacy for membership on
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0013| the board to be filled at a regular school district election
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0014| shall be filed with the proper filing officer during the
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0015| period commencing at 9:00 a.m. on the [third Tuesday in
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December of the even-numbered] fourth Tuesday in September
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0017| of the odd-numbered year immediately preceding the date of
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0018| the regular school district election and ending at 5:00 p.m.
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0019| on the same day.
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0020| B. A declaration of candidacy for membership on
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0021| the board to be filled at a special school district election
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0022| shall be filed with the proper filing officer during the
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0023| period commencing at 9:00 a.m. on the forty-eighth day before
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0024| the election and ending at 5:00 p.m. on the same day.
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0025| C. Any person who knowingly [making] makes a
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0001| false statement in his declaration of candidacy is guilty of a
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0002| fourth degree felony."
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0003| Section 6. Section 21-14-2.1 NMSA 1978 (being Laws 1985,
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0004| Chapter 238, Section 29) is amended to read:
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0005| "21-14-2.1. BRANCH COMMUNITY COLLEGE BOARD--LOCAL
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0006| OPTION.--
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0007| A. A majority of the local school board [of
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education] or the combined boards of education acting as a
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0009| single board may cease to operate as the branch community
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0010| college board and provide for an elected branch community
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0011| college board. In that event, the majority of the local
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0012| school board [of education] or the combined boards of
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0013| education acting as a single board shall elect five persons as
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0014| members of the branch community college board. The persons
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0015| elected shall be assigned position numbers one through five.
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0016| Board members shall be over twenty-one years of age, qualified
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0017| electors and residents of the branch community college
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0018| district. The members of the board shall continue to serve
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0019| until the next regular branch community college election, to
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0020| be held on the [first Tuesday of February] second Tuesday
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0021| of November of each odd-numbered year, at which time five
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0022| board members shall be elected by the registered voters of the
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0023| branch community college district. The candidates shall file
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0024| for and be elected to a particular position number. The
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0025| candidate receiving the highest number of votes for a
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0001| particular position shall be elected. At the first board
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0002| meeting after the election, the five members shall draw lots
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0003| for the following terms: two for terms of two years and three
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0004| for terms of four years. Thereafter, board members shall be
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0005| elected for terms of four years from [March 1] December 1
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0006| succeeding their election. All vacancies caused in any other
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0007| manner than by the expiration of the term of office shall be
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0008| filled by appointment by the remaining members.
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0009| B. Immediately after the election of the five
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0010| members by the assembled board of education members, the board
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0011| shall select from its members a chairman and secretary who
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0012| shall serve in these offices until the next regular branch
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0013| community college board election. After each branch community
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0014| college board election, the members shall proceed to
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0015| reorganize.
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0016| C. The duties of the board shall continue as set
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0017| out in Chapter 21, Article 14 NMSA 1978."
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0018| Section 7. Section 21-16-5 NMSA 1978 (being Laws 1963,
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0019| Chapter 108, Section 5, as amended) is amended to read:
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0020| "21-16-5. BOARD.--
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0021| A. The initial board of [the] a technical and
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0022| vocational institute district shall be composed of:
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0023| (1) the board of the initiating school
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0024| district, if only one school district is involved; or
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0025| (2) if more than one school district is
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0001| involved in the initiation of the technical and vocational
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0002| institute district, one member delegated from each
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0003| participating school board. If there are an even number of
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0004| participating school districts, the boards of all
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0005| participating school districts shall jointly appoint an
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0006| additional member to the governing board of the technical and
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0007| vocational institute district, who shall serve as a member at
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0008| large.
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0009| B. At the second school board election held
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0010| pursuant to Section 1-22-3 NMSA 1978 following the creation of
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0011| the technical and vocational institute district, an election
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0012| shall be held to elect seven members to the institute board to
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0013| replace the members holding office under the provisions of
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0014| Subsection A of this section.
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0015| (1) Except where specific provision is
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0016| otherwise provided by law, all election proceedings for
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0017| institute district elections shall be conducted pursuant to
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0018| the provisions of the School Election Law with the president
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0019| of the technical and vocational institute serving in the
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0020| place of the superintendent of schools in every case.
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0021| (2) The board shall consist of seven separate
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0022| positions, and each position shall be designated by number.
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0023| Qualified electors seeking election to the board shall file
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0024| and run for only one of the numbered positions.
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0025| (3) At the second school board election to be
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0001| held following the creation of the technical and vocational
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0002| institute district, members of the board elected to positions
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0003| 1, 3, 5 and 7 shall be elected for two-year terms and members
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0004| elected to positions 2, 4 and 6 shall be elected for four-year
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0005| terms. Thereafter, each board member shall be elected for a
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0006| term of four years. The elections shall be held in the same
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0007| manner and at the same time as regular school district
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0008| elections on the [first Tuesday in February] second Tuesday
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0009| in November of each odd-numbered year.
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0010| C. A vacancy occurring on the board shall be
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0011| filled in the same manner as provided for school board
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0012| vacancies in Section 22-5-9 NMSA 1978."
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0013| Section 8. Section 21-17-4 NMSA 1978 (being Laws 1967,
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0014| Chapter 177, Section 4, as amended) is amended to read:
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0015| "21-17-4. DESIGNATION AS AN AREA VOCATIONAL SCHOOL BY
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0016| THE STATE BOARD.--
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0017| A. Upon receipt and examination of the plan and
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0018| supporting evidence, the state board shall conduct hearings,
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0019| investigate records and procure such other information
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0020| relating to vocational training as it deems necessary and
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0021| appropriate.
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0022| B. If the state board finds that the plan provides
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0023| an adequate, broad vocational and technical educational
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0024| program, serves sufficient students for an economical
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0025| operation, provides for adequate financing and sensibly
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0001| relates to a statewide pattern for development of vocational
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0002| and technical education, the state board may approve the plan.
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0003| C. Upon approval by the state board the board of
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0004| each school district concerned shall present the proposal for
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0005| the creation of an area vocational school district on a
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0006| separate ballot at the time of the next school board election
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0007| or at any separate election called for that purpose. If a
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0008| majority of those qualified ad valorem tax paying electors who
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0009| are not delinquent in the payment of their ad valorem tax,
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0010| voting in the election in each school district concerned,
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0011| [vote] votes in favor of establishing an area vocational
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0012| school district, the board of each school district concerned
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0013| shall declare the organization of the area vocational school
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0014| district.
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0015| D. After approval by the state board of the plan,
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0016| the school shall be officially designated by the state board
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0017| as an area vocational school, shall be operated in accordance
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0018| with provisions in the state plan for vocational education and
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0019| shall meet all other requirements of an accredited school.
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0020| E. At the next school board election held pursuant
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0021| to Section [22-6-1] 1-22-3 NMSA 1978, an election may
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0022| be held to elect five members to the area vocational school
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0023| board to replace the local school board as the governing board
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0024| of the area vocational school.
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0025| (1) Except where specific provision is
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0001| otherwise provided by law, all election proceedings for area
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0002| vocational school elections shall be conducted pursuant to the
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0003| provisions of [Sections 22-6-1 through 22-6-34 NMSA 1978]
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0004| the School Election Law, with the president of the area
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0005| vocational school serving in the place of the superintendent
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0006| of schools in every case.
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0007| (2) The board shall consist of five separate
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0008| positions, and each position shall be designated by number.
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0009| Qualified electors seeking election to the board shall file
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0010| and run for only one of the numbered positions.
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0011| (3) [At the next regular school board
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election, members of the board elected to positions 1, 3 and 5
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shall be elected for terms ending February 28, 1989, and
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members elected to positions 2 and 4 shall be elected for
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terms ending February 28, 1991. Thereafter, each] A board
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0016| member shall be elected for a term of four years. The
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0017| elections shall be held in the same manner and at the same
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0018| time as regular school district elections on the [first
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Tuesday in February] second Tuesday in November of each
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0020| odd-numbered year [beginning with the election to be held in
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February of 1987].
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0022| F. A vacancy occurring on the board shall be
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0023| filled in the same manner as provided for school board
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0024| vacancies in Section 22-5-9 NMSA 1978.
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0025| G. A member of the board may be recalled pursuant
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0001| to the provisions of [Sections 22-7-1 through 22-7-16 NMSA
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1978, except that a recall election may be held only at the
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same time as a regular school district election] Article 12,
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0004| Section 14 of the constitution of New Mexico."
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0005| Section 9. Section 22-5-8 NMSA 1978 (being Laws 1967,
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0006| Chapter 16, Section 31, as amended) is amended to read:
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0007| "22-5-8. TERM OF OFFICE.--
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0008| A. The full term of office of a member of a local
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0009| school board shall be four years from [March 1] December 1
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0010| succeeding his election to office at a regular school district
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0011| election.
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0012| B. Any member of a local school board whose term
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0013| of office has expired shall continue in that office until his
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0014| successor is elected and qualified."
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0015| Section 10. TEMPORARY PROVISION--TERM OF OFFICE.--The
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0016| term of office for a local school board member, a branch
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0017| community college board member, a member of a board of a
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0018| technical and vocational institute or an area vocational
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0019| school board member due to expire on March 1, 1999 shall be
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0020| extended until December 1, 1999. All subsequent terms of
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0021| office shall be for the regular term. Members elected in the
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0022| November 1999 election shall take office December 1, 1999.
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0023|
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