SENATE BILL 302
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
George K. Munoz
AN ACT
RELATING TO SCHOOL BOARD ELECTIONS; REQUIRING A SPECIAL ELECTION TO FILL A VACANCY ON A SCHOOL BOARD; PROVIDING FOR ELECTION PROCEDURES; REQUIRING CANDIDATES TO FILE PROOF OF PRIMARY RESIDENCY WITH THEIR DECLARATIONS OF CANDIDACY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the School Election Law is enacted to read:
"[NEW MATERIAL] SPECIAL ELECTIONS TO FILL VACANCIES.--
A. The board shall by resolution issue a public proclamation in Spanish and English calling a special school district election to fill a vacancy on the board within the school district within ten days of the occurrence of the vacancy. The election shall be held within thirty days of issuance of the proclamation. The proclamation shall be filed by the superintendent with the proper filing officer.
B. The proclamation shall specify:
(1) the date when 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 precincts in each county in which the election is to be held and the location of each polling place;
(5) the hours each polling place will be open; and
(6) the date and time of the closing of the registration books by the county clerk as required by law.
C. After filing the proclamation with the proper filing officer, the county clerk shall publish the proclamation at least once in a newspaper of general circulation within the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
SECTION 2. Section 1-22-7 NMSA 1978 (being Laws 1985, Chapter 168, Section 9, as amended) is amended to read:
"1-22-7. DECLARATION OF CANDIDACY--REGULAR OR SPECIAL ELECTION TO FILL VACANCY--PROOF OF RESIDENCY--FILING DATE--PENALTY.--
A. A candidate for a board position that will be filled at a regular school district election shall file a declaration of candidacy with the proper filing officer during the period commencing at 9:00 a.m. on the third Tuesday in December of the even-numbered year immediately preceding the date of the regular school district election and ending at 5:00 p.m. on the same day.
B. A candidate for a board position that will be filled at a special school district election to fill a vacancy shall file a declaration of candidacy with the proper filing officer during the period commencing at 9:00 a.m. seven days following publication of the proclamation and ending at 5:00 p.m. on the same day.
C. A candidate for a board position shall submit proof to the county clerk that the candidate's primary residence is located within the school district when the candidate files a declaration of candidacy.
[B.] D. A candidate shall file for only one board position during a filing period.
[C.] E. Whoever knowingly makes a false statement in a declaration of candidacy is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
SECTION 3. Section 22-5-9 NMSA 1978 (being Laws 1967, Chapter 16, Section 32, as amended) is amended to read:
"22-5-9. [LOCAL] SCHOOL BOARD VACANCIES.--
A. A vacancy occurring in the membership of a [local] school board shall be filled at [an open meeting, at which a quorum of the membership is present, by a majority vote of the remaining members appointing a qualified elector to fill the vacancy] a special election held within thirty days of the occurrence of the vacancy.
B. A qualified elector [appointed] elected to fill a vacancy occurring in the membership of a [local] school board shall hold that office [until the next regular school district election when an election shall be held to fill the vacancy] for the remainder of the unexpired term.
C. [If a qualified elector is not appointed to fill the vacancy within forty-five days from the date the vacancy occurred, the department shall appoint a qualified elector to fill the vacancy until the next regular school district election.
D. In the event vacancies occur in a majority of the full membership of a local school board, the department shall appoint qualified electors to fill the vacancies. Those persons appointed shall hold office until the next regular school district election when an election shall be held to fill the vacancies for the unexpired terms.] Special elections to fill a vacancy on the school board shall be conducted pursuant to the School Election Law."
- 4 -