45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ELECTIONS; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978 RELATING TO SCHOOL BOND ELECTIONS.

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

Section 1. Section 22-18-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 229) is amended to read:

"22-18-2. BOND ELECTIONS--QUALIFICATION OF VOTERS--CALLING FOR BOND ELECTIONS.--

A. Before any general obligation bonds are issued, a local school board of a school district shall submit to a vote of the qualified electors of the school district [owning real estate in the school district] the question of creating a debt by issuing the bonds, and a majority of those persons voting on the question shall vote for issuing the general obligation bonds.

B. The election on the question of creating a debt by issuing general obligation bonds shall be held at the same time as a regular school district election or at any special school district election which is not within ninety days after a regular school district election. The question shall be submitted to a vote at a general or special school district election upon the initiative of a local school board or upon a petition being filed with a local school board signed by qualified electors of the school district [having paid a property tax on property in the school district for the preceding year, according to the latest completed tax rolls]. The number of signatures required on the petition shall be at least ten percent of the number of votes cast for governor in the school district in the last preceding general election. For the purpose of determining the number of votes cast for governor in the school district at the last preceding general election, any portion of a voting division within the school district shall be construed to be wholly within the school district. A local school board shall call for a bond election at a regular or special school district election within ninety days from the date a properly signed petition is filed with [them] it."

Section 2. Section 22-18-4 NMSA 1978 (being Laws 1967, Chapter 16, Section 231, as amended) is amended to read:

"22-18-4. BOND ELECTIONS--CONDUCT.--

A. A person is required to be a registered voter to vote in a bond election in a school district.

B. [Except as otherwise provided in Sections 77-15-1 through 77-15-12 NMSA 1953] Bond elections in a school district shall be conducted pursuant to [Sections 77-5-1 through 77-5-20 NMSA 1953] the Election Code, except as otherwise provided in Sections 22-18-1 through 22-18-12 NMSA 1978, the School Election Law and the Bond Election Act."

Section 3. REPEAL.--Sections 22-18-3 and 22-18-6 NMSA 1978 (being Laws 1967, Chapter 16, Sections 230 and 233) are repealed.