2020 New Mexico Statutes
Chapter 22 - Public Schools
Article 18 - General Obligation Bonds of School Districts
Section 22-18-2 - Bond elections; qualification of voters; calling for bond elections.

A. Before any general obligation bonds are issued, a local school board of a school district shall submit to a vote of the qualified electors of the school district the question of creating a debt by issuing the bonds, and a majority of those persons voting on the question shall vote for issuing the general obligation bonds.

B. The election on the question of creating a debt by issuing general obligation bonds shall be held pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. The question shall be submitted to a vote at a district election upon the initiative of a local school board or upon a petition being filed with a local school board signed by qualified electors of the school district. The number of signatures required on the petition shall be at least ten percent of the number of votes cast for governor in the school district in the last preceding general election. For the purpose of determining the number of votes cast for governor in the school district at the last preceding general election, any portion of a voting division within the school district shall be construed to be wholly within the school district. A local school board shall call for a bond election at the next regular local or special election within ninety days following the date a properly signed petition is filed with it; provided that the timing of the election does not conflict with the provisions of Section 1-24-1 NMSA 1978.

History: 1953 Comp., § 77-15-2, enacted by Laws 1967, ch. 16, § 229; 2001, ch. 61, § 1; 2018, ch. 79, § 91; 2019, ch. 212, § 220.

Cross references. — For requirement that persons be registered voters to vote in bond elections, see 22-18-4 NMSA 1978.

The 2019 amendment, effective April 3, 2019, provided that the timing of a bond election shall not conflict with the provisions of the Special Election Act; in Subsection B, after "provisions of Section", deleted "1-12-71" and added "1-24-1".

The 2018 amendment, effective July 1, 2018, provided that elections on the question of creating a debt by issuing general obligation bonds shall be held pursuant to the Local Election Act, restricted the timing of the bond election so it will not conflict with other provisions of law, and made technical and conforming changes; in Subsection A, after "electors of the school district", deleted "owning real estate in the school district"; and in Subsection B, after "shall be held", deleted "at the same time as a regular school district election or at any special school district election which is not within ninety days after a regular school district election" and added "pursuant to the provisions of the Local Election Act", after "submitted to a vote at", deleted "general or special school", after "qualified electors of the school district", deleted "having paid a property tax on property in the school district for the preceding year, according to the latest completed tax rolls", after "call for a bond election at", deleted "a" and added "the next", after "regular", added "local", after "special", deleted "school district", and added "provided that the timing of the election does not conflict with the provisions of Section 1-12-71 NMSA 1978".

The 2001 amendment, effective June 15, 2001, substituted "filed with it" for "filed with them" at the end of Subsection B.

Constitutionality of section. — New Mexico Const., art. IX, § 11 violates the equal protection clause of the U.S. Const. by restricting the right to vote in school district bond elections to real estate owners, and likewise, this section, which implements N.M. Const., art. IX, § 11, conflicts with the equal protection clause of the U.S. Const. insofar as it restricts the franchise in school district bond elections to real estate owners or to those who have paid a property tax on property in the school district for the preceding year. Prince v. Board of Educ., 1975-NMSC-068, 88 N.M. 548, 543 P.2d 1176.

Provision means that a voter in a school bond election must be a resident of the district, an owner of real estate within the same, but it is not necessary to have paid taxes on said real estate in order to vote in the school bond election. 1958 Op. Att'y Gen. No. 58-128. See Prince v. Board of Educ., 1975-NMSC-068, 88 N.M. 548, 543 P.2d 1176.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of school district or school authorities to rescind or modify vote or resolution for bond issue, 68 A.L.R.2d 1041.

79 C.J.S. Schools and School Districts § 366.