0001| SENATE BILL 17
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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| DIANNA J. DURAN
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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; REQUIRING A CANDIDATE FOR A LOCAL SCHOOL
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0013| BOARD TO FILE A NOMINATING PETITION; AMENDING AND ENACTING
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0014| SECTIONS OF THE SCHOOL ELECTION LAW.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 1-22-2 NMSA 1978 (being Laws 1985,
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0018| Chapter 168, Section 4, as amended) is amended to read:
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0019| "1-22-2. DEFINITIONS.--As used in the School Election Law:
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0020| A. "board" means the governing authority of the
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0021| local school district;
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0022| B. "county clerk" means the clerk of each county in
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0023| which the school district is situate;
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0024| C. "proper filing officer" means the county clerk
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0025| or, in the case of a multicounty school district, the clerk of
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0001| the county in which the administrative office of the school
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0002| district is situate;
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0003| D. "magistrate" means the magistrate whose office is
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0004| situated in the municipality where the administrative office of
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0005| the school district is located or in close proximity to the
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0006| municipality;
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0007| E. "nominating petition" means the authorized form
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0008| used for obtaining the required number of signatures of voters,
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0009| which is signed on behalf of the person wishing to become a
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0010| candidate for the board;
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0011| [E.] F. "school district election" means any
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0012| regular or special school district election except a recall
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0013| election; and
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0014| [F.] G. "superintendent" means the
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0015| superintendent of schools of the local school district."
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0016| Section 2. 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 and he files
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0001| a declaration of candidacy and a nominating petition.
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0002| B. A regular school district election shall be held
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0003| in each school district on the first Tuesday in February of each
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0004| odd-numbered year.
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0005| C. A school district election held at any time other
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0006| than the date for the regular school district election shall be
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0007| a special school district election.
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0008| D. Except as otherwise provided in the School
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0009| Election Law, school district elections shall be called,
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0010| conducted and canvassed as provided in the Election Code."
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0011| Section 3. Section 1-22-4 NMSA 1978 (being Laws 1985,
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0012| Chapter 168, Section 6, as amended) is amended to read:
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0013| "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
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0014| A. The board shall by resolution issue a public
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0015| proclamation in Spanish and English calling a regular school
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0016| district election within the school district on the date
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0017| prescribed by the School Election Law. The proclamation shall
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0018| be filed by the superintendent with the county clerk of record
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0019| on the last Friday in November of the even-numbered year
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0020| immediately preceding the date of the election.
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0021| B. The proclamation shall specify:
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0022| (1) the date when the election will be held;
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0023| (2) the positions on the board to be filled;
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0024| (3) the date on which declarations of candidacy
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0025| and nominating petitions are to be filed;
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0001| (4) the date on which declarations of intent to
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0002| be a write-in candidate are to be filed;
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0003| (5) the questions to be submitted to the
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0004| voters;
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0005| (6) the precincts in each county in which the
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0006| election is to be held and the location of each polling place;
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0007| (7) the hours each polling place will be open;
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0008| and
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0009| (8) the date and time of the closing of the
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0010| registration books by the county clerk of record as required by
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0011| law.
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0012| C. After [filing] the proclamation is filed with
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0013| the county clerk of record and not less than fifty days before
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0014| the date of the election, the county clerk of record shall
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0015| publish the proclamation at least once in a newspaper of general
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0016| circulation within the school district. The publication of the
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0017| proclamation shall conform to the requirements of the federal
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0018| Voting Rights Act of 1965, as amended."
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0019| Section 4. Section 1-22-5 NMSA 1978 (being Laws 1985,
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0020| Chapter 168, Section 7, as amended) is amended to read:
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0021| "1-22-5. SPECIAL ELECTION--PROCLAMATION--PUBLICATION.--
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0022| A. Whenever a special school district election is to
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0023| be called or is required by law, the board shall by resolution
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0024| issue a public proclamation in Spanish and English calling the
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0025| election. The proclamation shall forthwith be filed by the
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0001| superintendent with the county clerk of record.
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0002| B. The proclamation shall specify:
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0003| (1) the date on which the special election will
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0004| be held;
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0005| (2) the positions on the board to be filled;
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0006| (3) the date on which declarations of candidacy
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0007| and nominating petitions are to be filed;
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0008| (4) the date on which declarations of intent to
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0009| be a write-in candidate are to be filed;
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0010| (5) the questions to be submitted to the
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0011| voters;
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0012| (6) the precincts in each county in which the
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0013| election is to be held and the location of each polling place;
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0014| (7) the hours each polling place will be open;
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0015| and
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0016| (8) the date and time of the closing of the
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0017| registration books by the county clerk of record as required by
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0018| law.
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0019| C. After [filing] the proclamation is filed with
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0020| the county clerk of record and not less than fifty days before
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0021| the date of the election, the county clerk of record shall
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0022| publish the proclamation at least twice in a newspaper of
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0023| general circulation in the school district. The publication of
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0024| the proclamation shall conform to the requirements of the
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0025| federal Voting Rights Act of 1965, as amended."
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0001| Section 5. Section 1-22-7 NMSA 1978 (being Laws 1985,
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0002| Chapter 168, Section 9) is amended to read:
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0003| "1-22-7. DECLARATION OF CANDIDACY--NOMINATING PETITION--FILING DATE--PENALTY.--
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0004| A. A declaration of candidacy for membership on the
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0005| board to be filled at a regular school district election shall
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0006| be filed with the proper filing officer during the period
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0007| commencing at 9:00 a.m. on the third Tuesday in December of the
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0008| even-numbered year immediately preceding the date of the regular
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0009| school district election and ending at 5:00 p.m. on the same
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0010| day. A declaration of candidacy shall be accompanied by a
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0011| nominating petition.
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0012| B. A declaration of candidacy for membership on the
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0013| board to be filled at a special school district election shall
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0014| be filed with the proper filing officer during the period
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0015| commencing at 9:00 a.m. on the forty-eighth day before the
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0016| election and ending at 5:00 p.m. on the same day. A
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0017| declaration of candidacy shall be accompanied by a nominating
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0018| petition.
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0019| C. Any person knowingly making a false statement in
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0020| his declaration of candidacy or nominating petition is guilty
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0021| of a fourth degree felony."
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0022| Section 6. Section 1-22-8 NMSA 1978 (being Laws 1985,
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0023| Chapter 168, Section 10, as amended by Laws 1993, Chapter 314,
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0024| Section 63 and also by Laws 1993, Chapter 316, Section 61) is
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0025| amended to read:
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0001| "1-22-8. DECLARATION OF CANDIDACY--SWORN STATEMENT OF
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0002| INTENT--FORM.--In making a declaration of candidacy, the
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0003| candidate shall submit a sworn statement of intent in
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0004| substantially the following form:
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0005| "DECLARATION OF CANDIDACY--STATEMENT OF INTENT
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0006| I, ___________________, (candidate's name on certificate of
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0007| registration) being first duly sworn, say that I am a voter of
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0008| Precinct No. _______________ of the county of
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0009| __________________, State of New Mexico. I reside
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0010| at________________________________________________;
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0011| I am a qualified elector of the State of New Mexico
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0012| residing within _______________________ school district;
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0013| I desire to become a candidate for the office of
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0014| __________________________, Position No. __________________ at
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0015| the school district election to be held on the date set by law;
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0016| I am submitting with this statement a nominating petition
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0017| in the form and manner prescribed in the School Election Law;
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0018| I will be eligible and legally qualified to hold this
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0019| office at the beginning of its term; and
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0020| I make the foregoing affidavit under oath, knowing that any
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0021| false statement herein constitutes a felony punishable under the
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0022| criminal laws of New Mexico.
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0023| _______________________
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0024| (Declarant)
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0025| _______________________
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0001| (Mailing Address)
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0002| _______________________
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0003| (Residence Address)
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0004| Subscribed and sworn to before me this ____ day of
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0005| _______________________, 19 _____.
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0006| __________________________________.
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0007| (Notary Public)
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0008| My commission expires:
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0009| ______________________________"."
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0010| Section 7. A new section of the School Election Law,
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0011| Section 1-22-8.1 NMSA 1978, is enacted to read:
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0012| "1-22-8.1. [NEW MATERIAL] SCHOOL ELECTION LAW--NOMINATING PETITION.--
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0013| A. Nominating petitions for candidates for the board
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0014| shall be signed by a number of voters equal to at least three
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0015| percent of the total number of registered voters who voted in
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0016| the district or a single-member election district at the last
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0017| board election. Nominating petitions for candidates in
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0018| districts that are changing from at-large school board elections
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0019| to single-member district elections shall be waived for the
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0020| first election only.
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0021| B. Each signer of a nominating petition shall sign
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0022| only one petition for each board position to be elected.
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0023| C. A signature shall be counted on a nominating
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0024| petition unless there is evidence presented that the person
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0025| signing:
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0001| (1) is not a voter of the state and school
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0002| district to be represented by the office for which the person
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0003| seeking the nomination is a candidate;
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0004| (2) has signed more than one petition for the
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0005| same office or has signed one petition more than once; or
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0006| (3) is not the person whose name and address
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0007| appear next to the signature line on the nominating petition.
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0008| D. The procedures set forth in this section shall be
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0009| used to validate signatures on any petition required by the
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0010| School Election Law."
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0011| Section 8. A new section of the School Election Law,
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0012| Section 1-22-8.2 NMSA 1978, is enacted to read:
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0013| "1-22-8.2. [NEW MATERIAL] SCHOOL ELECTION LAW--NOMINATING PETITION--FILING AND FORM.--
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0014| A. In making a declaration of candidacy, the
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0015| candidate at the same time shall file a nominating petition,
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0016| which shall be on forms prescribed by law.
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0017| B. The nominating petition shall be on paper
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0018| approximately eight and one-half inches wide and fourteen inches
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0019| long with numbered lines for signatures spaced approximately
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0020| three-eighths of an inch apart and shall be in the following
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0021| form:
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0022| "NOMINATING PETITION
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0023| I, the undersigned, a registered voter of the county of
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0024| __________________, New Mexico, hereby nominate _______________,
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0025| who resides at _______________ in the county of _______________,
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0001| New Mexico, for the office of ___________________, to be voted
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0002| for at the school district election to be held on _____________,
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0003| and I declare that I am a resident of the state and district to
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0004| be represented by the office for which the person being
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0005| nominated is a candidate. I also declare that I have not
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0006| signed, and will not sign, any nominating petition for more
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0007| persons than the number of candidates necessary to fill such
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0008| office at the next school district election.
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0009| 1. __________ ____________ ____________ ____________
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0010| (usual (name printed (address as (city or
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0011| signature) as registered) registered) rt. no.)
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0012| 2. __________ ____________ ____________ ____________
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0013| (usual (name printed (address as (city or
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0014| signature) as registered) registered) rt. no.)".
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0015| C. In July of odd-numbered years, the secretary of
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0016| state shall furnish to each county clerk a sample of a
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0017| nominating petition form, a copy of which shall be made
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0018| available by the county clerk upon request of any candidate.
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0019| D. The signature of the voter shall not be counted
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0020| unless the entire line indicates the voter's usual signature,
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0021| his name printed as registered and his address as registered and
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0022| his city or route number and is upon the form furnished by the
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0023| secretary of state to the county clerks or a duplicate thereof.
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0024| E. When more than one sheet is required for a
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0025| petition, each of the sheets shall be in the form prescribed by
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0001| this section and all sheets shall be firmly secured by a staple
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0002| or other suitable fastening."
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0003| Section 9. A new section of the School Election Law,
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0004| Section 1-22-8.3 NMSA 1978, is enacted to read:
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0005| "1-22-8.3. [NEW MATERIAL] SCHOOL ELECTION LAW--NOMINATING PETITION--WITHDRAWALS AND ADDITIONS--COPIES MADE
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0006| AVAILABLE.--
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0007| A. A nominating petition when filed shall not be
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0008| withdrawn or added to, nor shall any person be permitted to
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0009| revoke his signature. A nominating petition shall be complete
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0010| when filed. The proper filing officer shall not permit
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0011| additions to or withdrawals from a nominating petition after it
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0012| is filed, nor shall any person be permitted to revoke his
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0013| signature on a petition after it has been filed.
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0014| B. The original nominating petition shall remain in
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0015| the filing officer's office and copies shall be made available
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0016| by the filing officer for a nominal cost."
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0017| Section 10. A new section of the School Election Law,
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0018| Section 1-22-8.4 NMSA 1978, is enacted to read:
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0019| "1-22-8.4. [NEW MATERIAL] SCHOOL ELECTION LAW--FALSIFYING A NOMINATING PETITION--PENALTY.--
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0020| A. Any person who knowingly falsifies any
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0021| information on a nominating petition is guilty of falsifying an
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0022| election document.
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0023| B. It is unlawful for any person to knowingly
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0024| circulate, present or offer to present for the signature of
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0025| another person a nominating petition that does not clearly show
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0001| on the face of the petition the name of the candidate, the
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0002| address at which the candidate resides, the candidate's county
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0003| of residence and the office for which the candidate seeks
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0004| nomination. Any person violating the provisions of this
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0005| subsection is guilty of a misdemeanor and upon conviction shall
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0006| be sentenced to imprisonment in the county jail for a definite
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0007| term of less than one year or to the payment of a fine of not
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0008| more than one thousand dollars ($1,000) or to both the
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0009| imprisonment and fine at the discretion of the judge."
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0010| Section 11. Section 1-22-10 NMSA 1978 (being Laws 1985,
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0011| Chapter 168, Section 12, as amended) is amended to read:
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0012| "1-22-10. BALLOTS.--
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0013| A. The proper filing officer shall determine whether
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0014| a candidate filing a declaration of candidacy is a registered
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0015| qualified elector of the state residing within the school
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0016| district and whether he has filed a proper nominating
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0017| petition. If the candidate is so qualified and no withdrawal
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0018| of candidacy has been filed as provided in the School Election
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0019| Law, the proper filing officer shall place the candidate's name
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0020| on the ballot for the position specified in the declaration of
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0021| candidacy. A declaration of candidacy shall not be amended
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0022| after it has been filed with the proper filing officer.
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0023| B. Ballots for the school district election shall be
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0024| prepared by the proper filing officer and printed by the
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0025| thirtieth day preceding the election. The cost of printing the
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0001| ballots shall be paid by the school district. The proper filing
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0002| officer shall furnish printed ballots to the county clerk of
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0003| each county in which the school district is situate. The
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0004| printed ballot shall contain the name of each candidate and the
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0005| position on the board for which he is a candidate. The ballot
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0006| shall also contain all questions to be submitted to the voters
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0007| of the district as certified to the proper filing officer by the
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0008| board.
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0009| C. Paper ballots and ballot labels shall be printed
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0010| in a form in substantial compliance with the provisions of
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0011| Section 1-12-44 NMSA 1978 and in compliance with the provisions
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0012| of the federal Voting Rights Act of 1965, as amended.
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0013| D. A school district election shall be a nonpartisan
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0014| election, and the names of all candidates shall be listed on the
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0015| ballot without party or slate designation. The order in which
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0016| the names of candidates are listed on the ballot shall be
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0017| determined by lot.
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0018| E. Whenever two or more members of the board are to
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0019| be elected for terms of the same length of time, the positions
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0020| shall be numerically designated on the ballot as "position one",
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0021| "position two" and such additional consecutively numbered
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0022| positions as are necessary, but only one member shall be elected
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0023| for each position.
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0024| F. Space shall be provided on each ballot for a
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0025| voter to write in the name of one candidate for each position to
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0001| be filled when a declaration of intent to be a write-in
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0002| candidate has been filed.
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0003| G. Voting machines shall be used for the recording
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0004| of votes cast in a school district election; provided that paper
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0005| ballots may be used in lieu of a voting machine for:
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0006| (1) school districts of less than five hundred
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0007| average daily membership;
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0008| (2) school district elections in which only one
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0009| candidate has filed a declaration of candidacy for each position
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0010| to be filled at the election, no declared write-ins have filed
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0011| for any position and there are no questions or bond issues on
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0012| the ballot and notwithstanding any other provision in [this
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0013| chapter] the Election Code; or
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0014| (3) [for] emergency ballots in case of a
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0015| malfunction of the voting machine."
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0016|
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0017|
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0018| FORTY-SECOND LEGISLATURE
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0019| SECOND SESSION, 1996
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0020|
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0021|
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0022| JNUARY 18, 1996
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0023|
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0024| Mr. President:
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0025|
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0001| Your COMMITTEES' COMMITTEE, to whom has been referred
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0002|
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0003| SENATE BILL 17
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0004|
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0005| has had it under consideration and finds same to be GERMANE, PURSUANT
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0006| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SENATE
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0007| RULES COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014| __________________________________
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0015| SENATOR MANNY M. ARAGON, Chairman
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0016|
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0017|
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0018|
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0019| Adopted_______________________ Not Adopted_______________________
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001|
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0002| The roll call vote was For Against
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0003| Yes:
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0004| No:
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0005| Excused:
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0006| Absent:
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0007|
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0008|
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0009| S00017CC1
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0010|
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0011| FORTY-SECOND LEGISLATURE
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0012| SECOND SESSION, 1996
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0013|
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0014|
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0015| February 8, 1996
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0016|
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0017| Mr. President:
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0018|
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0019| Your RULES COMMITTEE, to whom has been referred
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0020|
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0021| SENATE BILL 17
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0022|
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0023| has had it under consideration and reports same with recommendation that
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0024| it DO PASS, and thence referred to the EDUCATION COMMITTEE.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005| __________________________________
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0006| Gloria Howes, Chairman
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0007|
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0008|
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0009|
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0010| Adopted_______________________ Not Adopted_______________________
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013|
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0014| Date ________________________
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0015|
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0016|
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0017| The roll call vote was 5 For 0 Against
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0018| Yes: 5
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0019| No: 0
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0020| Excused: Altamirano, Aragon, EJennings, Romero
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0021| Absent: 0
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0022|
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0023|
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0024| S0017RU1
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0025|
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0001|
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0002|
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0003| FORTY-SECOND LEGISLATURE
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0004| SECOND SESSION, 1996
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0005|
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0006|
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0007| February 10, 1996
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0008|
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0009| Mr. President:
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0010|
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0011| Your EDUCATION COMMITTEE, to whom has been referred
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0012|
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0013| SENATE BILL 17
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0014|
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0015| has had it under consideration and reports same with recommendation that
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0016| it DO PASS.
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0017|
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0018| Respectfully submitted,
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0019|
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0020|
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0021|
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0022| __________________________________
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0023| Carlos R. Cisneros, Chairman
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0024|
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0025|
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0001|
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0002| Adopted_______________________ Not Adopted_______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010| The roll call vote was 6 For 0 Against
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0011| Yes: 6
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0012| No: 0
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0013| Excused: Carraro, Duran, Lyons, Scott
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0014| Absent: None
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0015|
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0016|
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0017| S0017ED1
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0018|
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