School bond and tax elections in New Mexico

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School bond and tax elections in New Mexico happen under two circumstance:

  • To exceed the debt limit set by the New Mexico Constitution.
  • To issue new bonding protected by the New Mexico Constitution.

Laws affecting school finance

New Mexico bond issue

The New Mexico Constitution has a constitutionally protected procedure for school districts seeking to issue bonds. Under the New Mexico Constitution, school districts can only issue bonds for the purpose of erecting, remodeling, making additions to and furnishing school buildings or purchasing or improving school grounds.[1] Bonds can be issued for one or a combination of the approved purposes. The New Mexico Constitution limits all bonds to not exceed six percent of a school districts total taxable valuation of property.[2]

New Mexico debt limit

Under the New Mexico Constitution there is a constitutionally protected debt limit for voters in a school district. Under Article VIII Section II of the New Mexico Constitution, school districts are held to a ten mill limit. Counting all tax levies with the school levies, a local government cannot assess more than 20 mills.[3] New Mexico requires in its Constitution that all taxes are to be assessed in a uniform fashion.

Conduct of the bond election, limitations, rules

Authority conducting elections

The respective county clerk is responsible for holding elections.[4][5]

Election dates

Elections are usually held during the general and primary elections which are the first Tuesday in November and the First Tuesday in June.[6] It is up the Governor to declare a primary election.[7] All school bond elections are run the same like normal general elections.[8]

Needed majority

A simple majority is needed in order to pass a school bond or levy election in New Mexico.[9][10]

Special elections

Special elections are allowed in New Mexico as long as there is 50 days notice which is required to call an election. The actual notice of the ballot question must be published once a week in a fourteen day period.[11]

Wording of measures

Under New Mexico law, ballot measures for school referendums must follow the same format as statewide constitutional amendments.[12] This means that ballot measures must include the full title of the joint resolution that proposed the constitutional amendment along with the constitutional amendment number assigned to the ballot question. Also, the ballot must be worded in English and Spanish.[13]

Required notice of bond election

New Mexico law requires 30 days notice when a ballot question gets submitted to the New Mexico Secretary of State. There is no mandatory elapse requirement under New Mexico law of when a school district has to call for a bond election before the date of the election.[14]

See also

External links

Footnotes

  1. "New Mexico Secretary of State" New Mexico Constitution(Referenced Section, Article IX, Section 10A)
  2. "New Mexico Secretary of State" New Mexico Constitution(Referenced Section, Article IX, Section 10 B)
  3. "New Mexico Secretary of State" New Mexico Constitution(Referenced Section, Article VII, Section 2)
  4. "New Mexico Secretary of State New Mexico Election Law(Referenced Statute 1-2-2(D) New Mexico Election Code)
  5. "New Mexico Secretary of State New Mexico Election Law(Referenced Statute 1-22-2(B) New Mexico Election Code)
  6. "New Mexico Secretary of State New Mexico Election Law(Referenced Statute 1-8-11 New Mexico Election Code)
  7. "New Mexico Secretary of State New Mexico Election Law(Referenced Statute 1-8-12 New Mexico Election Code)
  8. "New Mexico Secretary of State New Mexico Election Law(Referenced Statute 1-16-1 New Mexico Election Code)
  9. "New Mexico Secretary of State" New Mexico Constitution(Referenced Section, Article VII, Section 2)
  10. "New Mexico Secretary of State" New Mexico Constitution(Referenced Section, Article IX, Section 10 B)
  11. "New Mexico Secretary of State" New Mexico Election Law(Referenced Statute 1-24-2(C))
  12. "New Mexico Secretary of State" New Mexico Election Law(Referenced Statute 1-16-8)
  13. "New Mexico Secretary of State" New Mexico Election Law(Referenced Statute 1-16-7)
  14. "New Mexico Secretary of State" New Mexico Election Law(Referenced Statute 1-16-8)