44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO ELECTION; CLARIFYING RESIDENCY REQUIREMENTS; CHANGING THE DATE THAT LOCAL SCHOOL BOARD, BRANCH COMMUNITY COLLEGE BOARD, TECHNICAL AND VOCATIONAL INSTITUTE BOARD AND AREA VOCATIONAL SCHOOL BOARD ELECTIONS ARE HELD; AMENDING SECTIONS OF THE ELECTION CODE AND THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 1-1-7 NMSA 1978 (being Laws 1969, Chapter 240, Section 6, as amended) is amended to read:

"1-1-7. RESIDENCE--RULES FOR DETERMINING.--For the purpose of determining residence for voting, the place of residence is governed by the following rules:

A. The residence of a person is that place [in which his habitation is fixed, and to which, whenever he is absent, he has the intention to return.

B. The place where a person's family resides is presumed to be his place of residence, but a person who takes up or continues his abode with the intention of remaining at a place other than where his family resides is a resident where he abides] where he physically resides.

[C.] B. A change of residence is made only by the act of removal joined with the intent to remain in another place. There can be only one residence.

[D.] C. A person does not gain or lose residence solely by reason of his presence or absence while employed in the service of the United States or of this state, or while a student at an institution of learning, or while kept in an institution at public expense, or while confined in a public prison or while residing upon an Indian or military reservation.

[E.] D. No member of the armed forces of the United States, his spouse or his dependent is a resident of this state solely by reason of being stationed in this state.

[F.] E. A person does not lose his residence if he leaves his home and goes to another country, state or place within this state for temporary purposes only and with the intention of returning.

[G.] F. A person does not gain a residence in a place to which he comes for temporary purposes only.

[H.] G. A person loses his residence in this state if he votes in another state in an election requiring residence in that state, and has not upon his return regained his residence in this state under the provisions of the constitution of New Mexico.

[I.] H. "Residence" is computed by not including the day on which the person's residence commences and by including the day of the election.

[J.] I. A person does not acquire or lose residence by marriage only."

Section 2. Section 1-1-7.1 NMSA 1978 (being Laws 1979, Chapter 378, Section 1, as amended by Laws 1993, Chapter 314, Section 1 and also by Laws 1993, Chapter 316, Section 1) is amended to read:

"1-1-7.1. RESIDENCE FOR PURPOSE OF CANDIDACY AND SIGNING OF PETITIONS--RULE FOR DETERMINING.--For the purpose of determining the residence of a person desiring to be a candidate for the nomination or election to an office under the provisions of the Election Code or for the purpose of determining the residence of any signer of a petition required by the Election Code, permanent residence shall be resolved in favor of that place shown on the person's affidavit of registration as his permanent residence, provided the person resides on the premises."

Section 3. Section 1-22-3 NMSA 1978 (being Laws 1985, Chapter 168, Section 5, as amended) is amended to read:

"1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF CANDIDATES.--

A. A school district election shall be held in each school district to elect qualified persons to membership on a [local school] board. No person shall become a candidate for membership on a board unless his record of voter registration shows that he is a qualified elector of the state, physically resides in the school district in which he is a candidate and physically resided in the district on the date of the [school] board's proclamation calling a regular school district election.

B. A regular school district election shall be held in each school district on the [first Tuesday in February] second Tuesday in November of each odd-numbered year.

C. A school district election held at any time other than the date for the regular school district election shall be a special school district election.

D. Except as otherwise provided in the School Election Law, school district elections shall be called, conducted and canvassed as provided in the Election Code."

Section 4. Section 1-22-4 NMSA 1978 (being Laws 1985, Chapter 168, Section 6, as amended) is amended to read:

"1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--

A. The board shall by resolution issue a public proclamation in Spanish and English calling a regular school district election within the school district on the date prescribed by the School Election Law. The proclamation shall be filed by the superintendent with the county clerk of record on the [last Friday in November of the even-numbered] first Friday in September of the odd-numbered year immediately preceding the date of the election.

B. The proclamation shall specify:

(1) the date when the election will be held;

(2) the positions on the board to be filled;

(3) the date on which declarations of candidacy are to be filed;

(4) the date on which declarations of intent to be a write-in candidate are to be filed;

(5) the questions to be submitted to the voters;

(6) the precincts in each county in which the election is to be held and the location of each polling place;

(7) the hours each polling place will be open; and

(8) the date and time of the closing of the registration books by the county clerk of record as required by law.

C. After [filing] the superintendent files the proclamation with the county clerk of record and not less than fifty days before the date of the election, the county clerk of record shall publish the proclamation at least once in a newspaper of general circulation within the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."

Section 5. Section 1-22-7 NMSA 1978 (being Laws 1985, Chapter 168, Section 9) is amended to read:

"1-22-7. DECLARATION OF CANDIDACY--FILING DATE--PENALTY.--

A. A declaration of candidacy for membership on the board to be filled at a regular school district election shall be filed with the proper filing officer during the period commencing at 9:00 a.m. on the [third Tuesday in December of the even-numbered] fourth Tuesday in September of the odd-numbered year immediately preceding the date of the regular school district election and ending at 5:00 p.m. on the same day.

B. A declaration of candidacy for membership on the board to be filled at a special school district election shall be filed with the proper filing officer during the period commencing at 9:00 a.m. on the forty-eighth day before the election and ending at 5:00 p.m. on the same day.

C. Any person who knowingly [making] makes a false statement in his declaration of candidacy is guilty of a fourth degree felony."

Section 6. Section 21-14-2.1 NMSA 1978 (being Laws 1985, Chapter 238, Section 29) is amended to read:

"21-14-2.1. BRANCH COMMUNITY COLLEGE BOARD--LOCAL OPTION.--

A. A majority of the local school board [of education] or the combined boards of education acting as a single board may cease to operate as the branch community college board and provide for an elected branch community college board. In that event, the majority of the local school board [of education] or the combined boards of education acting as a single board shall elect five persons as members of the branch community college board. The persons elected shall be assigned position numbers one through five. Board members shall be over twenty-one years of age, qualified electors and residents of the branch community college district. The members of the board shall continue to serve until the next regular branch community college election, to be held on the [first Tuesday of February] second Tuesday of November of each odd-numbered year, at which time five board members shall be elected by the registered voters of the branch community college district. The candidates shall file for and be elected to a particular position number. The candidate receiving the highest number of votes for a particular position shall be elected. At the first board meeting after the election, the five members shall draw lots for the following terms: two for terms of two years and three for terms of four years. Thereafter, board members shall be elected for terms of four years from [March 1] December 1 succeeding their election. All vacancies caused in any other manner than by the expiration of the term of office shall be filled by appointment by the remaining members.

B. Immediately after the election of the five members by the assembled board of education members, the board shall select from its members a chairman and secretary who shall serve in these offices until the next regular branch community college board election. After each branch community college board election, the members shall proceed to reorganize.

C. The duties of the board shall continue as set out in Chapter 21, Article 14 NMSA 1978."

Section 7. Section 21-16-5 NMSA 1978 (being Laws 1963, Chapter 108, Section 5, as amended) is amended to read:

"21-16-5. BOARD.--

A. The initial board of [the] a technical and vocational institute district shall be composed of:

(1) the board of the initiating school district, if only one school district is involved; or

(2) if more than one school district is involved in the initiation of the technical and vocational institute district, one member delegated from each participating school board. If there are an even number of participating school districts, the boards of all participating school districts shall jointly appoint an additional member to the governing board of the technical and vocational institute district, who shall serve as a member at large.

B. At the second school board election held pursuant to Section 1-22-3 NMSA 1978 following the creation of the technical and vocational institute district, an election shall be held to elect seven members to the institute board to replace the members holding office under the provisions of Subsection A of this section.

(1) Except where specific provision is otherwise provided by law, all election proceedings for institute district elections shall be conducted pursuant to the provisions of the School Election Law with the president of the technical and vocational institute serving in the place of the superintendent of schools in every case.

(2) The board shall consist of seven separate positions, and each position shall be designated by number. Qualified electors seeking election to the board shall file and run for only one of the numbered positions.

(3) At the second school board election to be held following the creation of the technical and vocational institute district, members of the board elected to positions 1, 3, 5 and 7 shall be elected for two-year terms and members elected to positions 2, 4 and 6 shall be elected for four-year terms. Thereafter, each board member shall be elected for a term of four years. The elections shall be held in the same manner and at the same time as regular school district elections on the [first Tuesday in February] second Tuesday in November of each odd-numbered year.

C. A vacancy occurring on the board shall be filled in the same manner as provided for school board vacancies in Section 22-5-9 NMSA 1978."

Section 8. Section 21-17-4 NMSA 1978 (being Laws 1967, Chapter 177, Section 4, as amended) is amended to read:

"21-17-4. DESIGNATION AS AN AREA VOCATIONAL SCHOOL BY THE STATE BOARD.--

A. Upon receipt and examination of the plan and supporting evidence, the state board shall conduct hearings, investigate records and procure such other information relating to vocational training as it deems necessary and appropriate.

B. If the state board finds that the plan provides an adequate, broad vocational and technical educational program, serves sufficient students for an economical operation, provides for adequate financing and sensibly relates to a statewide pattern for development of vocational and technical education, the state board may approve the plan.

C. After approval by the state board of the plan, the area vocational high school shall be officially designated by the state board as an area vocational school, shall be operated in accordance with provisions in the state plan for vocational education and shall meet all other requirements of an accredited school.

D. At the first area vocational school board election, members of the board elected to positions 1, 3 and 5 shall be elected for two-year terms [ending February 28, 1989] and members elected to positions 2 and 4 shall be elected for four-year terms [ending February 28, 1991]. Thereafter, each board member shall be elected for a term of four years. The elections shall be conducted pursuant to the provisions of the [Election Code] School Election Law and shall be held in the same manner and at the same time as regular school district elections on the [first Tuesday in February] second Tuesday in November of each odd-numbered year [beginning with the election to be held in February of 1987].

E. A vacancy occurring on the board shall be filled in the same manner as provided for school board vacancies in Section 22-5-9 NMSA 1978.

F. A member of the board may be recalled pursuant to the provisions of the Local School Board Member Recall Act [except that a recall election may be held only at the same time as a regular school district election]."

Section 9. Section 22-5-8 NMSA 1978 (being Laws 1967, Chapter 16, Section 31, as amended) is amended to read:

"22-5-8. TERM OF OFFICE.--

A. The full term of office of a member of a local school board shall be four years from [March 1] December 1 succeeding his election to office at a regular school district election.

B. Any member of a local school board whose term of office has expired shall continue in that office until his successor is elected and qualified."

Section 10. TEMPORARY PROVISION--TERM OF OFFICE.--The term of office for a local school board member, a branch community college board member, a member of a board of a technical and vocational institute or an area vocational school board member due to expire on March 1, 2001 shall be extended to December 1, 2001. The term of office for a local school board member, a branch community college board member, a member of a board of a technical and vocational institute or an area vocational school board member due to expire on March 1, 2003 shall be extended to December 1, 2003. All subsequent terms of office shall be for the regular term.