0001| SENATE BILL 113 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| RICHARD M. ROMERO | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ELECTIONS; CLARIFYING RESIDENCY REQUIREMENTS; | 0012| CHANGING THE DATE THAT LOCAL SCHOOL BOARD, BRANCH COMMUNITY | 0013| COLLEGE BOARD, TECHNICAL AND VOCATIONAL INSTITUTE BOARD AND | 0014| AREA VOCATIONAL SCHOOL BOARD ELECTIONS ARE HELD; AMENDING | 0015| SECTIONS OF THE ELECTION CODE AND THE NMSA 1978. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 1-1-7 NMSA 1978 (being Laws 1969, | 0019| Chapter 240, Section 6, as amended) is amended to read: | 0020| "1-1-7. RESIDENCE--RULES FOR DETERMINING.--For the | 0021| purpose of determining residence for voting, the place of | 0022| residence is governed by the following rules: | 0023| A. The residence of a person is that place ~[in | 0024| which his habitation is fixed, and to which, whenever he is | 0025| absent, he has the intention to return. | - 1 - 0001| B. The place where a person's family resides is | 0002| presumed to be his place of residence, but a person who takes | 0003| up or continues his abode with the intention of remaining at a | 0004| place other than where his family resides is a resident where | 0005| he abides]~ |where he physically resides|. | 0006| ~[C.]~ |B.| A change of residence is made only by | 0007| the act of removal joined with the intent to remain in another | 0008| place. There can be only one residence. | 0009| ~[D.]~ |C.| A person does not gain or lose | 0010| residence solely by reason of his presence or absence while | 0011| employed in the service of the United States or of this state, | 0012| or while a student at an institution of learning, or while | 0013| kept in an institution at public expense, or while confined in | 0014| a public prison or while residing upon an Indian or military | 0015| reservation. | 0016| ~[E.]~ |D.| No member of the armed forces of the | 0017| United States, his spouse or his dependent is a resident of | 0018| this state solely by reason of being stationed in this state. | 0019| ~[F.]~ |E.| A person does not lose his residence | 0020| if he leaves his home and goes to another country, state or | 0021| place within this state for temporary purposes only and with | 0022| the intention of returning. | 0023| ~[G.]~ |F.| A person does not gain a residence in | 0024| a place to which he comes for temporary purposes only. | 0025| ~[H.]~ |G.| A person loses his residence in this | - 2 - 0001| state if he votes in another state in an election requiring | 0002| residence in that state, and has not upon his return regained | 0003| his residence in this state under the provisions of the | 0004| constitution of New Mexico. | 0005| ~[I.]~ |H.| "Residence" is computed by not | 0006| including the day on which the person's residence commences | 0007| and by including the day of the election. | 0008| ~[J.]~ |I.| A person does not acquire or lose | 0009| residence by marriage only." | 0010| Section 2. Section 1-1-7.1 NMSA 1978 (being Laws 1979, | 0011| Chapter 378, Section 1, as amended by Laws 1993, Chapter 314, | 0012| Section 1 and also by Laws 1993, Chapter 316, Section 1) is | 0013| amended to read: | 0014| "1-1-7.1. RESIDENCE FOR PURPOSE OF CANDIDACY AND SIGNING | 0015| OF PETITIONS--RULE FOR DETERMINING.--For the purpose of | 0016| determining the residence of a person desiring to be a | 0017| candidate for the nomination or election to an office under | 0018| the provisions of the Election Code or for the purpose of | 0019| determining the residence of any signer of a petition required | 0020| by the Election Code, permanent residence shall be resolved in | 0021| favor of that place shown on the person's affidavit of regis- | 0022| | 0023| tration as his permanent residence, provided the person | 0024| |physically| resides on the premises." | 0025| Section 3. Section 1-22-3 NMSA 1978 (being Laws 1985, | - 3 - 0001| Chapter 168, Section 5, as amended) is amended to read: | 0002| "1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF | 0003| CANDIDATES.-- | 0004| A. A school district election shall be held in | 0005| each school district to elect qualified persons to membership | 0006| on a ~[local school]~ board. No person shall become a | 0007| candidate for membership on a board unless his record of voter | 0008| registration shows that he is a qualified elector of the | 0009| state, physically resides in the school district in which he | 0010| is a candidate and physically resided in the district on the | 0011| date of the ~[school]~ board's proclamation calling a regular | 0012| school district election. | 0013| B. A regular school district election shall be | 0014| held in each school district on the ~[first Tuesday in | 0015| February]~ |second Tuesday in November| of each odd-numbered | 0016| year. | 0017| C. A school district election held at any time | 0018| other than the date for the regular school district election | 0019| shall be a special school district election. | 0020| D. Except as otherwise provided in the School | 0021| Election Law, school district elections shall be called, | 0022| conducted and canvassed as provided in the Election Code." | 0023| Section 4. Section 1-22-4 NMSA 1978 (being Laws 1985, | 0024| Chapter 168, Section 6, as amended) is amended to read: | 0025| "1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.-- | - 4 - 0001| A. The board shall by resolution issue a public | 0002| proclamation in Spanish and English calling a regular school | 0003| district election within the school district on the date | 0004| prescribed by the School Election Law. The proclamation shall | 0005| be filed by the superintendent with the county clerk of record | 0006| on the ~[last Friday in November of the even-numbered]~ |first | 0007| Friday in September of the odd-numbered| year immediately | 0008| preceding the date of the election. | 0009| B. The proclamation shall specify: | 0010| (1) the date when the election will be held; | 0011| (2) the positions on the board to be filled; | 0012| (3) the date on which declarations of | 0013| candidacy are to be filed; | 0014| (4) the date on which declarations of intent | 0015| to be a write-in candidate are to be filed; | 0016| (5) the questions to be submitted to the | 0017| voters; | 0018| (6) the precincts in each county in which the | 0019| election is to be held and the location of each polling place; | 0020| (7) the hours each polling place will be | 0021| open; and | 0022| (8) the date and time of the closing of the | 0023| registration books by the county clerk of record as required | 0024| by law. | 0025| C. After ~[filing]~ |the superintendent files| the | - 5 - 0001| proclamation with the county clerk of record and not less than | 0002| fifty days before the date of the election, the county clerk | 0003| of record shall publish the proclamation at least once in a | 0004| newspaper of general circulation within the school district. | 0005| The publication of the proclamation shall conform to the | 0006| requirements of the federal Voting Rights Act of 1965, as | 0007| amended." | 0008| Section 5. Section 1-22-7 NMSA 1978 (being Laws 1985, | 0009| Chapter 168, Section 9) is amended to read: | 0010| "1-22-7. DECLARATION OF CANDIDACY--FILING DATE-- | 0011| PENALTY.-- | 0012| A. A declaration of candidacy for membership on | 0013| the board to be filled at a regular school district election | 0014| shall be filed with the proper filing officer during the | 0015| period commencing at 9:00 a.m. on the ~[third Tuesday in | 0016| December of the even-numbered]~ |fourth Tuesday in September | 0017| of the odd-numbered| year immediately preceding the date of | 0018| the regular school district election and ending at 5:00 p.m. | 0019| on the same day. | 0020| B. A declaration of candidacy for membership on | 0021| the board to be filled at a special school district election | 0022| shall be filed with the proper filing officer during the | 0023| period commencing at 9:00 a.m. on the forty-eighth day before | 0024| the election and ending at 5:00 p.m. on the same day. | 0025| C. Any person |who| knowingly ~[making]~ |makes| a | - 6 - 0001| false statement in his declaration of candidacy is guilty of a | 0002| fourth degree felony." | 0003| Section 6. Section 21-14-2.1 NMSA 1978 (being Laws 1985, | 0004| Chapter 238, Section 29) is amended to read: | 0005| "21-14-2.1. BRANCH COMMUNITY COLLEGE BOARD--LOCAL | 0006| OPTION.-- | 0007| A. A majority of the local |school| board ~[of | 0008| education]~ or the combined boards of education acting as a | 0009| single board may cease to operate as the branch community | 0010| college board and provide for an elected branch community | 0011| college board. In that event, the majority of the local | 0012| |school| board ~[of education]~ or the combined boards of | 0013| education acting as a single board shall elect five persons as | 0014| members of the branch community college board. The persons | 0015| elected shall be assigned position numbers one through five. | 0016| Board members shall be over twenty-one years of age, qualified | 0017| electors and residents of the branch community college | 0018| district. The members of the board shall continue to serve | 0019| until the next regular branch community college election, to | 0020| be held on the ~[first Tuesday of February]~ |second Tuesday | 0021| of November| of each odd-numbered year, at which time five | 0022| board members shall be elected by the registered voters of the | 0023| branch community college district. The candidates shall file | 0024| for and be elected to a particular position number. The | 0025| candidate receiving the highest number of votes for a | - 7 - 0001| particular position shall be elected. At the first board | 0002| meeting after the election, the five members shall draw lots | 0003| for the following terms: two for terms of two years and three | 0004| for terms of four years. Thereafter, board members shall be | 0005| elected for terms of four years from ~[March 1]~ |December 1| | 0006| succeeding their election. All vacancies caused in any other | 0007| manner than by the expiration of the term of office shall be | 0008| filled by appointment by the remaining members. | 0009| B. Immediately after the election of the five | 0010| members by the assembled board of education members, the board | 0011| shall select from its members a chairman and secretary who | 0012| shall serve in these offices until the next regular branch | 0013| community college board election. After each branch community | 0014| college board election, the members shall proceed to | 0015| reorganize. | 0016| C. The duties of the board shall continue as set | 0017| out in Chapter 21, Article 14 NMSA 1978." | 0018| Section 7. Section 21-16-5 NMSA 1978 (being Laws 1963, | 0019| Chapter 108, Section 5, as amended) is amended to read: | 0020| "21-16-5. BOARD.-- | 0021| A. The initial board of ~[the]~ |a| technical and | 0022| vocational institute district shall be composed of: | 0023| (1) the board of the initiating school | 0024| district, if only one school district is involved; or | 0025| (2) if more than one school district is | - 8 - 0001| involved in the initiation of the technical and vocational | 0002| institute district, one member delegated from each | 0003| participating school board. If there are an even number of | 0004| participating school districts, the boards of all | 0005| participating school districts shall jointly appoint an | 0006| additional member to the governing board of the technical and | 0007| vocational institute district, who shall serve as a member at | 0008| large. | 0009| B. At the second school board election held | 0010| pursuant to Section 1-22-3 NMSA 1978 following the creation of | 0011| the technical and vocational institute district, an election | 0012| shall be held to elect seven members to the institute board to | 0013| replace the members holding office under the provisions of | 0014| Subsection A of this section. | 0015| (1) Except where specific provision is | 0016| otherwise provided by law, all election proceedings for | 0017| institute district elections shall be conducted pursuant to | 0018| the provisions of the School Election Law with the president | 0019| of the |technical and vocational| institute serving in the | 0020| place of the superintendent of schools in every case. | 0021| (2) The board shall consist of seven separate | 0022| positions, and each position shall be designated by number. | 0023| Qualified electors seeking election to the board shall file | 0024| and run for only one of the numbered positions. | 0025| (3) At the second school board election to be | - 9 - 0001| held following the creation of the technical and vocational | 0002| institute district, members of the board elected to positions | 0003| 1, 3, 5 and 7 shall be elected for two-year terms and members | 0004| elected to positions 2, 4 and 6 shall be elected for four-year | 0005| terms. Thereafter, each board member shall be elected for a | 0006| term of four years. The elections shall be held in the same | 0007| manner and at the same time as regular school district | 0008| elections on the ~[first Tuesday in February]~ |second Tuesday | 0009| in November| of each odd-numbered year. | 0010| C. A vacancy occurring on the board shall be | 0011| filled in the same manner as provided for school board | 0012| vacancies in Section 22-5-9 NMSA 1978." | 0013| Section 8. Section 21-17-4 NMSA 1978 (being Laws 1967, | 0014| Chapter 177, Section 4, as amended) is amended to read: | 0015| "21-17-4. DESIGNATION AS AN AREA VOCATIONAL SCHOOL BY | 0016| THE STATE BOARD.-- | 0017| A. Upon receipt and examination of the plan and | 0018| supporting evidence, the state board shall conduct hearings, | 0019| investigate records and procure such other information | 0020| relating to vocational training as it deems necessary and | 0021| appropriate. | 0022| B. If the state board finds that the plan provides | 0023| an adequate, broad vocational and technical educational | 0024| program, serves sufficient students for an economical | 0025| operation, provides for adequate financing and sensibly | - 10 - 0001| relates to a statewide pattern for development of vocational | 0002| and technical education, the state board may approve the plan. | 0003| C. Upon approval by the state board the board of | 0004| each school district concerned shall present the proposal for | 0005| the creation of an area vocational school district on a | 0006| separate ballot at the time of the next school board election | 0007| or at any separate election called for that purpose. If a | 0008| majority of those qualified ad valorem tax paying electors who | 0009| are not delinquent in the payment of their ad valorem tax, | 0010| voting in the election in each school district concerned, | 0011| ~[vote]~ |votes| in favor of establishing an area vocational | 0012| school district, the board of each school district concerned | 0013| shall declare the organization of the area vocational school | 0014| district. | 0015| D. After approval by the state board of the plan, | 0016| the school shall be officially designated by the state board | 0017| as an area vocational school, shall be operated in accordance | 0018| with provisions in the state plan for vocational education and | 0019| shall meet all other requirements of an accredited school. | 0020| E. At the next school board election held pursuant | 0021| to Section ~[22-6-1]~ |1-22-3| NMSA|| 1978||, an election may | 0022| be held to elect five members to the area vocational school | 0023| board to replace the local school board as the governing board | 0024| of the area vocational school. | 0025| (1) Except where specific provision is | - 11 - 0001| otherwise provided by law, all election proceedings for area | 0002| vocational school elections shall be conducted pursuant to the | 0003| provisions of ~[Sections 22-6-1 through 22-6-34 NMSA 1978]~ | 0004| |the School Election Law|, with the president of the area | 0005| vocational school serving in the place of the superintendent | 0006| of schools in every case. | 0007| (2) The board shall consist of five separate | 0008| positions, and each position shall be designated by number. | 0009| Qualified electors seeking election to the board shall file | 0010| and run for only one of the numbered positions. | 0011| (3) ~[At the next regular school board | 0012| election, members of the board elected to positions 1, 3 and 5 | 0013| shall be elected for terms ending February 28, 1989, and | 0014| members elected to positions 2 and 4 shall be elected for | 0015| terms ending February 28, 1991. Thereafter, each]~ |A| board | 0016| member shall be elected for a term of four years. The | 0017| elections shall be held in the same manner and at the same | 0018| time as regular school district elections on the ~[first | 0019| Tuesday in February]~ |second Tuesday in November| of each | 0020| odd-numbered year ~[beginning with the election to be held in | 0021| February of 1987]~. | 0022| F. A vacancy occurring on the board shall be | 0023| filled in the same manner as provided for school board | 0024| vacancies in Section 22-5-9 NMSA 1978. | 0025| G. A member of the board may be recalled pursuant | - 12 - 0001| to the provisions of ~[Sections 22-7-1 through 22-7-16 NMSA | 0002| 1978, except that a recall election may be held only at the | 0003| same time as a regular school district election]~ |Article 12, | 0004| Section 14 of the constitution of New Mexico|." | 0005| Section 9. Section 22-5-8 NMSA 1978 (being Laws 1967, | 0006| Chapter 16, Section 31, as amended) is amended to read: | 0007| "22-5-8. TERM OF OFFICE.-- | 0008| A. The full term of office of a member of a local | 0009| school board shall be four years from ~[March 1]~ |December 1| | 0010| succeeding his election to office at a regular school district | 0011| election. | 0012| B. Any member of a local school board whose term | 0013| of office has expired shall continue in that office until his | 0014| successor is elected and qualified." | 0015| Section 10. TEMPORARY PROVISION--TERM OF OFFICE.--The | 0016| term of office for a local school board member, a branch | 0017| community college board member, a member of a board of a | 0018| technical and vocational institute or an area vocational | 0019| school board member due to expire on March 1, 1999 shall be | 0020| extended until December 1, 1999. All subsequent terms of | 0021| office shall be for the regular term. Members elected in the | 0022| November 1999 election shall take office December 1, 1999. | 0023|  |