0001| SENATE BILL 3
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| ANN J. RILEY
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0006|
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0007|
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0008|
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0009| FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
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0010|
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0011| AN ACT
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0012| RELATING TO ELECTIONS; ALLOWING THE USE OF MAIL BALLOTS FOR
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0013| SCHOOL ELECTIONS; AMENDING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 1-22-3 NMSA 1978 (being Laws 1985,
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0017| Chapter 168, Section 5) is amended to read:
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0018| "1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF
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0019| CANDIDATES.--
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0020| A. A school district election shall be held in each
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0021| school district to elect qualified persons to membership on a
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0022| local school board. No person shall become a candidate for
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0023| membership on a board unless his record of voter registration
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0024| shows that he is a qualified elector of the state and a resident
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0025| of the school district in which he is a candidate.
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0001| B. A regular school district election shall be held
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0002| in each school district on the first Tuesday in February of each
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0003| odd-numbered year.
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0004| C. A school district election held at any time other
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0005| than the date for the regular school district election shall be
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0006| a special school district election.
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0007| D. All regular and special school district
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0008| elections may be conducted by use of a mail ballot pursuant to
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0009| the provisions of the Mail Ballot Election Act.
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0010| [D.] E. Except as otherwise provided in the
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0011| School Election Law and the Mail Ballot Election Act, school
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0012| district elections shall be called, conducted and canvassed as
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0013| provided in the Election Code."
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0014| Section 2. Section 1-22-4 NMSA 1978 (being Laws 1985,
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0015| Chapter 168, Section 6, as amended) is amended to read:
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0016| "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
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0017| A. The board shall by resolution issue a public
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0018| proclamation in Spanish and English calling a regular school
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0019| district election within the school district on the date
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0020| prescribed by the School Election Law. The proclamation shall
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0021| be filed by the superintendent with the county clerk of record
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0022| on the last Friday in November of the even-numbered year
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0023| immediately preceding the date of the election.
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0024| B. The proclamation shall specify:
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0025| (1) the date when the election will be held;
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0001| (2) the positions on the board to be filled;
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0002| (3) the date on which declarations of candidacy
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0003| are to be filed;
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0004| (4) the date on which declarations of intent to
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0005| be a write-in candidate are to be filed;
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0006| (5) the questions to be submitted to the
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0007| voters;
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0008| (6) the precincts in each county in which the
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0009| election is to be held and the location of each polling place
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0010| or that the election shall be conducted by mail ballot;
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0011| (7) the hours each polling place will be open;
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0012| and
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0013| (8) the date and time of the closing of the
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0014| registration books by the county clerk of record as required by
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0015| law.
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0016| C. After [filing] the proclamation is filed with
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0017| the county clerk of record and not less than fifty days before
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0018| the date of the election, the county clerk of record shall
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0019| publish the proclamation at least once in a newspaper of general
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0020| circulation within the school district. The publication of the
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0021| proclamation shall conform to the requirements of the federal
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0022| Voting Rights Act of 1965, as amended."
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0023| Section 3. Section 1-22-5 NMSA 1978 (being Laws 1985,
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0024| Chapter 168, Section 7, as amended) is amended to read:
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0025| "1-22-5. SPECIAL ELECTION--PROCLAMATION--PUBLICATION.--
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0001| A. Whenever a special school district election is to
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0002| be called or is required by law, the board shall by resolution
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0003| issue a public proclamation in Spanish and English calling the
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0004| election. The proclamation shall forthwith be filed by the
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0005| superintendent with the county clerk of record.
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0006| B. The proclamation shall specify:
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0007| (1) the date on which the special election will
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0008| be held;
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0009| (2) the positions on the board to be filled;
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0010| (3) the date on which declarations of candidacy
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0011| are to be filed;
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0012| (4) the date on which declarations of intent to
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0013| be a write-in candidate are to be filed;
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0014| (5) the questions to be submitted to the
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0015| voters;
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0016| (6) the precincts in each county in which the
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0017| election is to be held and the location of each polling place
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0018| or that the election shall be conducted by mail ballot;
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0019| (7) the hours each polling place will be open;
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0020| and
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0021| (8) the date and time of the closing of the
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0022| registration books by the county clerk of record as required by
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0023| law.
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0024| C. After [filing] the proclamation is filed with
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0025| the county clerk of record and not less than fifty days before
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0001| the date of the election, the county clerk of record shall
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0002| publish the proclamation at least twice in a newspaper of
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0003| general circulation in the school district. The publication of
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0004| the proclamation shall conform to the requirements of the
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0005| federal Voting Rights Act of 1965, as amended."
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0006| Section 4. Section 1-22-10 NMSA 1978 (being Laws 1985,
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0007| Chapter 168, Section 12, as amended) is amended to read:
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0008| "1-22-10. BALLOTS.--
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0009| A. The proper filing officer shall determine whether
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0010| a candidate filing a declaration of candidacy is a registered
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0011| qualified elector of the state residing within the school
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0012| district. If the candidate is so qualified and no withdrawal of
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0013| candidacy has been filed as provided in the School Election Law,
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0014| the proper filing officer shall place the candidate's name on
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0015| the ballot for the position specified in the declaration of
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0016| candidacy. A declaration of candidacy shall not be amended
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0017| after it has been filed with the proper filing officer.
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0018| B. Mail ballots or voting machine ballots for
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0019| the school district election shall be prepared by the proper
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0020| filing officer and printed by the thirtieth day preceding the
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0021| election. The cost of printing the ballots shall be paid by the
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0022| school district. The proper filing officer shall furnish
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0023| printed ballots to the county clerk of each county in which the
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0024| school district is situate. The printed ballot shall contain
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0025| the name of each candidate and the position on the board for
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0001| which he is a candidate. The ballot shall also contain all
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0002| questions to be submitted to the voters of the district as
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0003| certified to the proper filing officer by the board.
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0004| C. Paper ballots and ballot labels shall be printed
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0005| in a form in substantial compliance with the provisions of
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0006| Section 1-12-44 NMSA 1978 and in compliance with the provisions
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0007| of the federal Voting Rights Act of 1965, as amended.
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0008| D. A school district election shall be a nonpartisan
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0009| election, and the names of all candidates shall be listed on the
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0010| ballot without party or slate designation. The order in which
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0011| the names of candidates are listed on the ballot shall be
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0012| determined by lot.
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0013| E. Whenever two or more members of the board are to
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0014| be elected for terms of the same length of time, the positions
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0015| shall be numerically designated on the ballot as "position one",
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0016| "position two" and such additional consecutively numbered
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0017| positions as are necessary, but only one member shall be elected
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0018| for each position.
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0019| F. Space shall be provided on each ballot for a
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0020| voter to write in the name of one candidate for each position to
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0021| be filled when a declaration of intent to be a write-in
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0022| candidate has been filed.
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0023| G. Unless conducted by mail ballot, voting
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0024| machines shall be used for the recording of votes cast in a
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0025| school district election; provided that paper ballots may be
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0001| used in lieu of a voting machine for:
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0002| (1) school districts of less than five hundred
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0003| average daily membership;
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0004| (2) school district elections in which only one
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0005| candidate has filed a declaration of candidacy for each position
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0006| to be filled at the election, no declared write-ins have filed
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0007| for any position and there are no questions or bond issues on
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0008| the ballot and notwithstanding any other provision in this
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0009| chapter; or
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0010| (3) [for] emergency ballots in case of a
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0011| malfunction of the voting machine."
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0012| Section 5. Section 1-22-12 NMSA 1978 (being Laws 1985,
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0013| Chapter 168, Section 14, as amended) is amended to read:
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0014| "1-22-12. CONDUCT OF ELECTIONS.--
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0015| A. Except as otherwise provided in the School
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0016| Election Law or the Mail Ballot Election Act, the county clerk
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0017| shall administer and conduct school district elections pursuant
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0018| to the provisions of the Election Code [for the conduct of
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0019| general elections] and the Absent Voter Act.
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0020| B. Precinct board members for [each polling place]
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0021| a regular precinct board or for an absent voter precinct board
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0022| shall be appointed by the county clerk from among those persons
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0023| who meet the qualifications set forth in Section 1-2-7 NMSA 1978
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0024| and who reside within the school district. The number of
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0025| members on [each] a precinct board shall be as provided in
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0001| Section 1-2-12 NMSA 1978. Vacancies on election day shall be
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0002| filled as provided in Section 1-2-15 NMSA 1978.
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0003| C. In the event that only one candidate has filed a
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0004| declaration of candidacy for each position to be filled at the
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0005| election, no declared write-ins have filed for any position and
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0006| there are no questions or bond issues on the ballot, the county
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0007| clerk shall perform the duties of the precinct board and no
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0008| other precinct board shall be appointed.
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0009| D. All costs of school district elections shall be
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0010| paid by the school district."
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0011| Section 6. Section 1-22-18 NMSA 1978 (being Laws 1985,
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0012| Chapter 168, Section 20) is amended to read:
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0013| "1-22-18. WRITE-IN CANDIDATES.--
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0014| A. Write-in candidates for the office of board
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0015| member shall be permitted in school district elections.
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0016| B. A person may be a write-in candidate only if he
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0017| has the qualifications to be a candidate for membership on the
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0018| board in the school district election as provided in the School
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0019| Election Law.
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0020| C. A person desiring to be a write-in candidate for
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0021| the office of board member shall file with the proper filing
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0022| officer a declaration of intent to be a write-in candidate. The
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0023| declaration shall be filed before 5:00 p.m. on the thirty-fifth
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0024| day preceding the date of the election.
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0025| D. A write-in vote shall be counted and canvassed
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0001| only if:
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0002| (1) the name written in is the name of a
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0003| declared write-in candidate and shows two initials and last
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0004| name; first name, middle initial or name and last name; first
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0005| and last name; or the full name as it appears on the declaration
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0006| of intent to be a write-in candidate and if misspellings of
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0007| those combinations can be reasonably determined by a majority of
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0008| the members of the precinct board to identify a declared write-in candidate; and
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0009| (2) the name is written in the proper slot on
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0010| the voting machine or on the proper line provided on the paper
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0011| ballot, absentee ballot, [or] emergency ballot or mail
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0012| ballot for write-in votes for the office and position for which
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0013| the candidate has declared his intent.
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0014| E. At the time of filing the declaration of intent
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0015| to be a write-in candidate, the write-in candidate shall be
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0016| considered a candidate for all purposes and provisions relating
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0017| to candidates in the School Election Law except that he shall
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0018| not be entitled to have his name printed on the ballot.
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0019| F. A write-in vote shall be cast by writing in the
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0020| name. As used in this section, "write-in" does not include the
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0021| imprinting of any name by rubber stamp or similar device or the
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0022| use of a preprinted sticker or label."
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0023| Section 7. Section 1-23-3 NMSA 1978 (being Laws 1987,
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0024| Chapter 160, Section 3, as amended) is amended to read:
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0025| "1-23-3. ELECTION BY [ALL-MAILED] MAIL BALLOTS.--
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0001| A. Notwithstanding any other provision of law and
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0002| regardless of the number of eligible voters within its
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0003| boundaries, a local government may, by resolution of its
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0004| governing body, conduct by [all-mailed] use of a mail ballot
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0005| any bond election, any election on the imposition of a mill levy
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0006| or a property tax rate for a specified purpose or any special
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0007| election at which no candidates are to be nominated for or
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0008| elected to office.
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0009| B. Notwithstanding any other provision of law and
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0010| regardless of the number of eligible voters within its
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0011| district's boundaries, a local school board may conduct all
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0012| regular and special school district elections by use of a mail
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0013| ballot."
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0014| Section 8. Section 1-23-5 NMSA 1978 (being Laws 1987,
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0015| Chapter 160, Section 5, as amended) is amended to read:
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0016| "1-23-5. NO POLLING PLACE.--Upon the adoption of a
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0017| resolution by the governing body to conduct an election by [an
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0018| all-mailed] mail ballot, each registered voter of the local
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0019| government shall be mailed an absentee ballot along with a
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0020| statement that there will be no polling place for the election.
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0021| The voter shall not be required to file an application for the
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0022| absentee ballot. The ballot shall be mailed to each voter no
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0023| earlier than the thirty-fifth day prior to the election, and the
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0024| mailing shall be completed by the [fifth] tenth day before
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0025| the election."
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0001| Section 9. Section 1-23-7 NMSA 1978 (being Laws 1987,
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0002| Chapter 160, Section 7, as amended) is amended to read:
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0003| "1-23-7. MAIL BALLOT ELECTION NOT TO BE COMBINED WITH
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0004| OTHER ELECTIONS.--Mail ballot elections shall be used
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0005| exclusively for voting in those elections specified in Section
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0006| 1-23-3 NMSA 1978 and shall not be used in connection with
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0007| elections at which candidates other than school board
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0008| candidates are to be nominated for or elected to office."
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0009|
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0010|
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0011|
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0012| FORTY-SECOND LEGISLATURE
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0013| SECOND SESSION, 1996
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0014|
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0015|
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0016| FEBRUARY 9, 1996
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0017|
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0018| Mr. President:
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0019|
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0020| Your COMMITTEES' COMMITTEE, to whom has been referred
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0021|
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0022| SENATE BILL 3
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0023|
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0024| has had it under consideration and finds same to be GERMANE, PURSUANT
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0025| TO SENATE EXECUTIVE MESSAGE NUMBER 13, and thence referred to the
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0001| EDUCATION COMMITTEE.
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0002|
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0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007|
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0008| __________________________________
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0009| SENATOR MANNY M. ARAOGON, Chairman
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0010|
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0011|
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0012|
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0013| Adopted_______________________ Not Adopted_______________________
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016|
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0017| Date ________________________
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0018|
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0019|
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0020|
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0021| S0003CC1
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0022|
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0023| FORTY-SECOND LEGISLATURE
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0024| SECOND SESSION, 1996
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0025|
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0001|
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0002| February 10, 1996
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0003|
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0004| Mr. President:
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0005|
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0006| Your EDUCATION COMMITTEE, to whom has been referred
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0007|
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0008| SENATE BILL 3
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0009|
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0010| has had it under consideration and reports same with recommendation that
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0011| it DO PASS, and thence referred to the RULES COMMITTEE.
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0012|
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0013| Respectfully submitted,
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0014|
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0015|
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0016|
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0017| __________________________________
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0018| Carlos R. Cisneros, Chairman
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0019|
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0020|
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0021|
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0022| Adopted_______________________ Not Adopted_______________________
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025|
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0001| Date ________________________
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0002|
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0003|
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0004| The roll call vote was 6 For 0 Against
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0005| Yes: 6
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0006| No: 0
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0007| Excused: Carraro, Duran, Lyons, Scott
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0008| Absent: None
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0009|
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0010|
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0011| S0003ED1
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0012|
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0013|
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0014|
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0015| FORTY-SECOND LEGISLATURE
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0016| SECOND SESSION, 1996
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0017|
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0018|
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0019| February 14, 1996
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0020|
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0021| Mr. President:
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0022|
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0023| Your RULES COMMITTEE, to whom has been referred
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0024|
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0025| SENATE BILL 3
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0001|
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0002| has had it under consideration and reports same with recommendation that
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0003| it DO PASS.
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0004|
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0005| Respectfully submitted,
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0006|
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0007|
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0008|
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0009| __________________________________
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0010| Gloria Howes, Chairman
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0011|
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0012|
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0013|
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0014| Adopted_______________________ Not Adopted_______________________
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0015| (Chief Clerk) (Chief Clerk)
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0016|
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0017|
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0018|
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0019| Date ________________________
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0020|
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0021|
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0022| The roll call vote was 6 For 0 Against
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0023| Yes: 6
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0024| No: 0
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0025| Excused: Aragon, Donisthorpe, EJennings
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0001| Absent: 0
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0002|
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0003|
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0004| S0003RU1
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0005|
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