2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 5 - Local School Boards › Section 22-5-3 - School board membership; optional form.

A. The local school board of any school district in this state may by resolution provide for the local board of that district to be composed of seven qualified electors of the state who reside within the district. The resolution shall provide that the board consist of seven separate positions, and each such position shall be designated by number. Qualified electors seeking election to the school board shall file and run for only one of the numbered positions.
B. If the resolution provided for in this section is adopted, it shall go into effect within thirty days after its adoption unless a petition signed by the qualified electors of the school district in a number equal to twenty percent of all the voters in the district voting at the last regular school board election is presented to the local board within such thirty days asking that an election be held on the question of increasing the membership of the local board to seven members.
C. Upon receipt and verification of the petition, the local school board shall within thirty days call a special school election to vote upon the question of increasing the membership of the local school board in that district to seven members.
D. If the voters of the school district approve the increase in the local school board's membership to seven members, the resolution shall be in effect.
E. A resolution adopted pursuant to Subsection A of this section shall conform to the requirements of Section 1-22-5 NMSA 1978 and shall provide for the election of two additional school board members at the next regular school district election. One new member shall be elected to serve until the first regular school board election following the member's election. The second new member shall be elected to serve until the second regular school board election following the member's election. Thereafter, persons elected to fill the additional new positions on the board shall be elected for terms as provided by law.
History:
1953 Comp., § 77-4-1.3, enacted by Laws 1969, ch. 103, § 2; 1981, ch. 316, § 1; 1993, ch. 226, § 11; 2015, ch. 145, § 95.
ANNOTATIONS
Cross references.
— For school district elections generally,
see
1-22-1 NMSA 1978 et seq.
The 2015 amendment,
effective July 1, 2015, amended the required contents of a resolution providing for an election of school board members; in Subsection E, after "additional school board members at", deleted "a special" and added "the next regular", after the first occurrence of "serve until the", deleted "second" and added "first", after "election following the", deleted "special school district" and added "member's" after the second occurrence of "serve until the", deleted "third" and added "second", and after "board election following", deleted "such special school district" and added "the member's".
The 1993 amendment,
effective July 1, 1993, substituted "Section 1-22-5" for "Section 22-6-3" in the first sentence of Subsection E.
Provisions of former Subsection B (now Subsection E) are constitutional and valid.
1971 Op. Att'y Gen. No. 71-29.