Section 1-22-10 - Ballots. - New Mexico Statutes

1-22-10. Ballots.

A.     The proper filing officer shall determine whether a candidate filing a declaration of candidacy is a registered qualified elector of the state residing within the school district.  If the candidate is so qualified and no withdrawal of candidacy has been filed as provided in the School Election Law [1-22-1 NMSA 1978], the proper filing officer shall place the candidate's name on the ballot for the position specified in the declaration of candidacy.  A declaration of candidacy shall not be amended after it has been filed with the proper filing officer.

B.     Ballots for the school district election shall be prepared by the proper filing officer and printed by the thirtieth day preceding the election.  The cost of printing the ballots shall be paid by the school district.  The proper filing officer shall furnish printed ballots to the county clerk of each county in which the school district is situate.  The printed ballot shall contain the name of each person who is a candidate and the position on the board for which the person is a candidate.  The ballot shall also contain all questions to be submitted to the voters of the district as certified to the proper filing officer by the board.

C.     Paper ballots shall be printed in a form in substantial compliance with the provisions of Section 1-12-44 NMSA 1978 and in compliance with the provisions of the federal Voting Rights Act of 1965, as amended.

D.     A school district election shall be a nonpartisan election, and the names of all candidates shall be listed on the ballot without party or slate designation.  The order in which the names of candidates are listed on the ballot shall be determined by lot.

E.     Whenever two or more members of the board are to be elected for terms of the same length of time, the positions shall be numerically designated on the ballot as "position one", "position two" and such additional consecutively numbered positions as are necessary, but only one member shall be elected for each position.

F.     Space shall be provided on each ballot for a voter to write in the name of one candidate for each position to be filled when a declaration of intent to be a write-in candidate has been filed.

G.     Voting machines shall be used for the recording of votes cast in a school district election; provided that paper ballots may be hand counted in lieu of using a voting machine to tabulate ballots for:

(1)     school districts of less than five hundred average daily membership; or

(2)     school district elections in which only one candidate has filed a declaration of candidacy for each position to be filled at the election, no declared write-ins have filed for any position and there are no questions or bond issues on the ballot and notwithstanding any other provision in the Election Code [1-1-1 NMSA 1978].