44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO ELECTIONS; CLARIFYING RESIDENCY REQUIREMENTS; CHANGING THE DATE OF LOCAL SCHOOL BOARD, BRANCH COMMUNITY COLLEGE BOARD, TECHNICAL AND VOCATIONAL INSTITUTE BOARD AND AREA VOCATIONAL SCHOOL BOARD ELECTIONS.
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 physically 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 of 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 3-8-9 NMSA 1978 (being Laws 1985, Chapter 208, Section 17, as amended) is amended to read:
"3-8-9. ELECTION SCHEDULING--CONFLICTS--NOTICE.--
A. Except as otherwise provided by law, no
municipal election shall be held within forty-two days prior
to or within thirty days after any statewide special, general
or primary election [or any regular school district election].
Whenever a municipal election would be or has been scheduled
within the prohibited time, the governing body shall adopt an
election resolution scheduling or rescheduling the election on
a date as soon as is practicable outside the prohibited period
and in compliance with the requirements of the Municipal
Election Code and any other statute specifically related to
such election. If an election resolution has already been
adopted, the new election resolution shall supersede the
existing election resolution and the new election resolution
shall be published as required by the Municipal Election Code.
B. Except as otherwise provided by law, one or more municipal special elections, including but not limited to bond elections, may be held in conjunction with a regular municipal election or one or more special municipal elections.
C. When concurrent elections are called for, publications, notices, selection of precinct boards, election schools, ordering election supplies, conduct of the election, canvassing, record keeping and all other election matters shall be conducted to comply with all election requirements for each such election as if it were held separately. However, any requirement may be satisfied by a combined action if such action would satisfy the requirements set by law for each individual election. Allowable combined actions include but are not limited to, combined:
(1) publications;
(2) notices;
(3) appointment of precinct boards;
(4) ordering of election supplies;
(5) conduct of election;
(6) canvassing; and
(7) record keeping."
Section 7. 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 8. 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 9. 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 terms ending February 28, 1989 and
members elected to positions 2 and 4 shall be elected for
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 and shall be held in the same manner and at the same time
as regular school district elections on the [first] second
Tuesday in [February] 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] Section 1-22-3 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 10. 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 11. 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 until December 1, 2001. All subsequent terms of office shall be for the regular term. Members elected in the November 2001 election shall take office December 1, 2001.