HOUSE BILL 280

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Jeff Steinborn

AN ACT

RELATING TO ELECTIONS; ALLOWING THE APPOINTMENT OF QUALIFIED MINORS 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 MINORS.--

          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 minors to serve on a precinct board under the direct supervision of the presiding judge of a precinct designated by the county clerk. A minor appointed by the county clerk shall:

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

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

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

                (4) have the approval of the minor's parent or legal guardian, unless emancipated;

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

                (6) be appointed to the board of the precinct in which the minor's parent or legal guardian resides, unless the county clerk determines there is a shortage or absence of precinct board members in certain precincts in accordance with the provisions of Section 1-2-11 NMSA 1978.

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

                (1) serve as the presiding judge; or

                (2) be involved in any decision affecting the legitimacy of a ballot."

     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 minors 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."

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