HOUSE BILL 249

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO ELECTIONS; ALLOWING COMMUNITY COLLEGE ELECTIONS TO BE HELD IN CONJUNCTION WITH SCHOOL DISTRICT ELECTIONS.

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

     Section 1. Section 21-13-8 NMSA 1978 (being Laws 1963, Chapter 17, Section 7, as amended) is amended to read:

     "21-13-8. COMMUNITY COLLEGE BOARD.--

          A. Community college board members shall be over twenty-one years of age, qualified electors and residents of the community college district.

          B. Community college board members shall be elected for staggered terms of six years [from] beginning on April 1 succeeding their elections [provided that terms and staggering shall continue to be as they are on January 1, 1998]. Elections shall be held:

                (1) in conjunction with regular school district elections on the first Tuesday of February in each odd-numbered year if the community college board and school board agree to hold their elections at the same time; or

                (2) on the date otherwise prescribed by the Community College Act.

          C. All vacancies caused in any other manner than by the expiration of the term of office shall be filled by appointment by the remaining members. An individual appointed by the remaining members of the board to fill a vacancy in office shall serve until the next community college board election, at which time candidates shall file for and be elected to fill the vacant position to serve the remainder of the unexpired term.

          [C.] D. A community college board shall select from its members a [chairman] chair and secretary who shall serve in these offices until the next regular community college board election. After each community college board election, the members shall proceed to reorganize."

     Section 2. Section 21-13-18.1 NMSA 1978 (being Laws 1993, Chapter 75, Section 3) is amended to read:

     "21-13-18.1. REGULAR COMMUNITY COLLEGE ELECTION--RESOLUTION--PUBLICATION.--

          A. The community college board shall issue a resolution in English and Spanish calling for a regular community college election within the community college district on the date prescribed by the Community College Act. The resolution shall be filed with each county clerk in the community college district on the third Friday in December or, if the election is held in conjunction with a school district election, the last Tuesday in November of each even-numbered year.

          B. The resolution shall specify:

                (1) the date 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) any 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 hours each polling place will be open; and

                (8) the date and time of the closing of the registration books by the county clerks as required by law.

          C. In the event that only one candidate files a declaration of candidacy for each position to be filled at an election and no declared write-in candidates have filed for any position in which there is any other candidate 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 the office of the county clerk of the county in which the community college is located.

          D. In any election held under the Community College Act, the county clerk shall perform the duties of the precinct board and no other precinct board shall be appointed."

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