A. The county clerk shall cause to be held a public school of instruction for all election board members and others who will be officially concerned with the conduct of an election.

B. The schools of instruction provided for in this section shall be held following an election board member's appointment and before the member performs assigned duties in an election.

C. All major details of the conduct of elections shall be covered by the county clerk or the clerk's authorized representative at such school, with special emphasis being given to recent changes in the Election Code.

D. The school of instruction shall be open to any interested person, and the county clerk shall post notice of the school at least four days before the school is to be held. Each member of an election board shall be notified at least seven days prior to commencement of the school.

E. A person shall not serve as a member of an election board in any election unless that person has attended at least one such school of instruction for the election at which the person is appointed to serve and has been certified by the county clerk with respect to the person's completion of the school of instruction. This subsection shall not apply to filling of vacancies on election day as provided in Subsection B of Section 1-2-15 NMSA 1978.

History: 1953 Comp., § 3-2-16, enacted by Laws 1969, ch. 240, § 37; 1975, ch. 255, § 20; 1977, ch. 222, § 6; 1987, ch. 249, § 3; 1989, ch. 392, § 2; 1991, ch. 105, § 7; 2005, ch. 270, § 13; 2011, ch. 137, § 19; 2019, ch. 212, § 27.

Cross references. — For election seminars for county clerks, see 1-2-5 NMSA 1978.

The 2019 amendment, effective April 3, 2019, changed the name of "precinct board" to "election board", and revised the provisions related to schools of instruction for members of an election board; replaced "precinct board" with "election board" throughout the section; in Subsection B, after "shall be", deleted "as follows:" and added "held following an election board member's appointment and before the member performs assigned duties in an election", deleted former Paragraphs B(1) through B(3); in Subsection D, after "interested person, and", added "the county clerk shall post", after "notice of the school", deleted "shall be given to the public press"; and in Subsection E, after "one such school of instruction", deleted "in the calendar year of" and added "for", and after "appointed to serve", deleted "or" and added "and".

The 2011 amendment, effective July 1, 2011, removed the secretary of state as a participant in public schools of instruction and eliminated the secretary of state's responsibility to cover the details of the conduct of elections.

The 2005 amendment, effective July 1, 2005, in Subsection A, provided that the secretary of state may supervise and the county clerk shall cause to be held a public school of instruction and deleted the former provision in Subsection A that a public school of instruction shall be held in any county with a population of one hundred thousand or more; deleted the former provision of Subsection B, which provided that the county clerk shall hold a public school of instruction for persons concerned with the conduct of elections in any county having a population of less that one hundred thousand; changed three to seven in Subsections B(1) through (3); and provided in Subsection C that all major details of elections shall be covered by the secretary of state of the secretary's authorized representative.

The 1991 amendment, effective April 2, 1991, deleted "alternates for precinct board members" following "precinct boards" in Subsections A and B and made a minor stylistic change in Subsection F.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections § 90.

29 C.J.S. Elections § 58.