During a recent school board meeting, a significant concern was raised regarding the residency qualifications of a board member. On August 13, 2024, a community member contacted the superintendent, alleging that a board member may not reside within the district they were elected to represent. This prompted a discussion about the legal requirements for board membership in New Mexico.

The superintendent clarified that the board does not possess the authority to remove a member based on residency issues. According to New Mexico law, specifically NMSA 1978 1-22-3, candidates must physically reside within the district boundaries and be registered voters in that area at the time of the election proclamation. The law also stipulates that any false statements made in the declaration of candidacy can lead to felony charges.

Further elaborating on residency definitions, the superintendent outlined that a person's residence is determined by their fixed habitation and the intention to return, with specific provisions for military personnel and temporary absences. Notably, a board member's seat becomes vacant if they change their residency outside the district they represent, as stated in NMSA 1978 10-3-1.

The meeting underscored the importance of adherence to these legal standards, emphasizing that any challenges to a board member's eligibility must be addressed through the district court, not the board itself. This discussion highlights the ongoing commitment of the board to uphold the laws governing their service and the integrity of the electoral process.