HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 335

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

AN ACT

RELATING TO ELECTIONS; ALLOWING THE APPOINTMENT OF QUALIFIED STUDENTS TO PRECINCT BOARDS.

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

     Section 1. Section 1-2-7 NMSA 1978 (being Laws 1969, Chapter 270, Section 29, as amended) is amended to read:

     "1-2-7. PRECINCT BOARD--QUALIFICATION OF MEMBERS--QUALIFICATION OF PRESIDING JUDGES--QUALIFICATION OF STUDENT MEMBERS.--

          A. In order to qualify as a member of the precinct board, a person shall:

                (1) be a resident of the representative district and county in which the precinct where [he] the person is a voter is located;

                (2) be able to read and write;

                (3) have the necessary capacity to carry out [his] a precinct board member's functions with acceptable skill and dispatch; and

                (4) execute the precinct board member's oath of office.

          B. Before serving as a presiding judge of a precinct board, a person shall receive training in the duties of that position and be certified for the position by the county clerk.

          C. No person shall be qualified for appointment or service on a precinct board:

                (1) who is a candidate for any federal, state, district or county office;

                (2) who is a spouse, parent, child, brother or sister of any candidate to be voted for at the election; or

                (3) who is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal [policeman] police officer.

          D. A county clerk may appoint not more than two students to serve on a precinct board under the direct supervision of the presiding judge of a precinct designated by the county clerk. A student appointed by the county clerk shall:

                (1) meet the qualifications set forth in Subsection A of this section, except the student need not be eligible to vote;

                (2) have the approval of the educational institution in which the student is enrolled and the student's parent or legal guardian;

                (3) be sixteen or seventeen years of age at the time of the election in which the student is serving as a member of a precinct board;

                (4) be a citizen at the time of the election for which the student will be serving as a member of a precinct board;

                (5) be a student attending a public or private secondary educational institution or home school;

                (6) attend at least one school of instruction in accordance with the provisions of Section 1-2-17 NMSA 1978; and 

                (7) be appointed to the board of the precinct in which the student's parent or legal guardian resides.

          E. A student appointed to a precinct board shall not:

                (1) serve as the presiding judge;

                (2) be involved in any decision affecting the legitimacy of a ballot; or

                (3) operate or repair a voting machine.

          F. The county clerk shall compile a list of students who apply and are qualified to be precinct board members."

     Section 2. Section 1-2-10 NMSA 1978 (being Laws 1975, Chapter 255, Section 16) is amended to read:

     "1-2-10. PRECINCT BOARD--APPOINTMENT BY COUNTY CLERK.--The county clerk shall appoint the precinct board for each precinct in the following order:

          A. from the list submitted by the major party county [chairmen] chairs in the order stated thereon;

          B. from the list of students who qualify to be precinct board members;

          [B.] C. from the standby list; and

          [C.] D. from any other list of voters who have the same qualifications and comply with the same requirements as provided for precinct board members."

     Section 3. Section 1-2-11 NMSA 1978 (being Laws 1977, Chapter 222, Section 5) is amended to read:

     "1-2-11. PRECINCT BOARD--ASSIGNMENT--STUDENT MEMBER ASSIGNMENT.--

          A. Wherever possible, the county clerk shall assign persons appointed as precinct board members to serve in precincts wherein they reside or in precincts located in the representative district wherein they reside. In the event of a shortage or absence of precinct board members in certain precincts, the county clerk may, in the best interest of the election process, assign appointed precinct board members to serve in any precinct in the county, provided that such appointed board members shall not change the proportionate representation of each party on the board.

          B. Notwithstanding the provisions of Subsection A of this section, a student member may only be appointed to the board of a precinct in which the student's parent or legal guardian resides."

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