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HOUSE BILL 308
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Derrick J. Lente and Gail Armstrong
AN ACT
RELATING TO CONSERVANCY DISTRICT ELECTIONS; REMOVING THE MIDDLE
RIO GRANDE CONSERVANCY DISTRICT FROM THE LOCAL ELECTION ACT;
PROVIDING TIMING AND OTHER PROCEDURES FOR THE MIDDLE RIO GRANDE
CONSERVANCY DISTRICT ELECTIONS; DEFINING TERMS; PROVIDING
PROCEDURES FOR COMPILING A LIST OF QUALIFIED ELECTORS;
ELIMINATING CERTAIN REQUIREMENTS FOR ABSENTEE VOTING, ELECTION
NOTICES AND POLLING LOCATIONS; AMENDING AND ENACTING SECTIONS
OF THE NMSA 1978; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-22-2 NMSA 1978 (being Laws 2019,
Chapter 212, Section 141) is amended to read:
"1-22-2. DEFINITIONS.--As used in the Local Election Act:
A. "local election" means a local government
election;
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B. "local governing body" means a board, council or
commission, as appropriate for a given local government;
C. "local government" means a:
(1) political subdivision of the state with
authority to levy taxes pursuant to Article 8, Section 9 of the
constitution of New Mexico and its enabling legislation, but
does not include a county or a conservancy district created
prior to 1930, embracing land situate in four or more counties
and organized pursuant to The Conservancy Act of New Mexico ;
and
(2) political subdivision of the state without
authority to levy taxes pursuant to Article 8, Section 9 of the
constitution of New Mexico or its enabling legislation, but
whose statutory provisions provide for election of officers or
ballot questions to be decided pursuant to the Local Election
Act;
D. "municipal officers" means the local governing
body and any elective executive and judicial officers of a
municipality;
E. "regular local election" means the biennial
local election at which local governing body members are
elected pursuant to the provisions of the Local Election Act;
and
F. "special local election" means a local election
conducted at a time other than a statewide election at which
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only ballot questions are considered pursuant to the provisions
of the Special Election Act."
SECTION 2. Section 73-14-20 NMSA 1978 (being Laws 1975,
Chapter 262, Section 3, as amended) is amended to read:
"73-14-20. DEFINITIONS.--As used in Sections 73-14-18
through 73-14-30 NMSA 1978:
A. "benefited area" means that area described by a
property appraisal that receives a benefit as a result of the
creation of a district for any of the purposes specified in
Section 73-14-4 NMSA 1978;
B. "election director" means the person whom the
board of directors may request to provide election services by
a contract;
C. "election officer" means a person appointed by
the board of directors to conduct the election in the absence
of the election director to perform the election director's
duties as required pursuant to law;
[B.] D. "list compiler" means a contractor approved
by the board of directors to compile and produce a qualified
elector list for a conservancy district;
[C.] E. "qualified elector" means an individual who
owns real property within the benefited area of the conservancy
district and who has provided proof of an ownership interest to
one of the sources specified in Subsection B of Section
73-14-20.1 NMSA 1978 within the required time period, or who
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resides on and owns legal or equitable title in tribal lands
and who is over the age of majority;
[D.] F. "qualified elector's list" means the list
compiled before each election that contains the individual
names of all qualified electors; and
[E.] G. "residence" means a dwelling that lies
partially or completely within the benefited area."
SECTION 3. Section 73-14-20.1 NMSA 1978 (being Laws 1990,
Chapter 48, Section 1, as amended) is amended to read:
"73-14-20.1. QUALIFIED ELECTOR LIST.--
A. The board of directors of the conservancy
district may contract for a list compiler before each election
to compile and produce a qualified elector's list for the
district. The list compiler shall deliver the completed list
to the [appropriate county clerk ] election director or election
officer no later than [one hundred eighty ] forty-five days
prior to a district election [and update the list every thirty
days until ninety days before the election, which list the
county clerk shall use for the election ]. An individual who
purchases property ninety days prior to an election and whose
name does not appear on the qualified elector's list shall not
vote in that election. The individual may become certified to
vote in a future election by filing a deed of title with the
appropriate county clerk at least ninety days before the next
conservancy district election.
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B. Names of qualified electors shall be obtained
from the records of the county clerk of the appropriate county,
the appropriate county assessor of the appropriate county,
records of the conservancy district or from the census bureau
and enrollment records provided by the pueblos. The county
assessor of the appropriate county, the county clerk of the
appropriate county and the tribal representatives of the
appropriate pueblos shall deliver to the list compiler all
records regarding qualified electors of the benefited area no
later than the last day of each [March ] July before a district
election.
C. Updating the qualified elector's list shall
consist of adding, for any new qualified elector who has
purchased property in the district, the name, address and
description of all property owned by the qualified elector in
the benefited area and removing the name of any elector who is
deceased or who no longer owns property within the benefited
area.
D. Proof of ownership of land within the benefited
area requires one of the following:
(1) a recorded deed or real estate contract
indicating current ownership of land within the benefited area;
(2) an individual's name on county clerk
records indicating a description of property the individual
owns within the benefited area;
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(3) an individual's name on a list compiled by
the governing body of a pueblo within the benefited area
indicating that the individual named is residing on and has
legal or equitable title in the pueblo; or
(4) a current property tax bill indicating
ownership of land within the benefited area.
E. The [appropriate county clerk ] election
director or election officer shall distribute to each polling
place a current qualified elector's list for the appropriate
county. The [appropriate county clerk ] election director or
election officer shall distribute the qualified elector's list
to each polling place within a pueblo located within the
benefited area. A qualified elector may vote at any one
polling place in the pueblo or county where the elector owns
land. An individual who seeks to cast a vote but whose name is
not on the qualified elector's list shall not be allowed to
vote in that election."
SECTION 4. Section 73-14-24 NMSA 1978 (being Laws 1975,
Chapter 262, Section 7, as amended) is repealed and a new
Section 73-14-24 NMSA 1978 is enacted to read:
"73-14-24. [NEW MATERIAL ] TIME AND PROCEDURE FOR
ELECTION--RULE ADOPTION--ELECTION DIRECTOR--ELECTION
PROCLAMATION.--
A. On the first Tuesday after the first Monday in
May prior to the middle Rio Grande conservancy district
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election, an election proclamation shall be published that
includes a list of the offices for which a candidate may file,
the date and place at which declarations of candidacy shall be
filed and the date of the election. The election proclamation
shall be published once in a newspaper of general circulation
in the counties in which the election shall be held.
B. The members of the boards of directors created
pursuant to provisions of Sections 73-14-18 through 73-14-30
NMSA 1978 shall be elected at an election held on the first
Tuesday after the first Monday in October in 2025 and in each
odd-numbered year thereafter.
C. The elections for the members of the board of
directors of the conservancy district shall be conducted,
counted and canvassed as provided in Sections 73-14-18 through
73-14-30 NMSA 1978 and shall not be governed by or subject to
the provisions of the Local Election Act. The polls may be
opened and closed in the same manner as provided for the
general election under the Election Code.
D. The board of directors shall adopt procedures as
necessary to conduct elections."
SECTION 5. Section 73-14-25 NMSA 1978 (being Laws 1975,
Chapter 262, Section 8, as amended) is amended to read:
"73-14-25. DECLARATION OF CANDIDACY--SIGNATURES OF
ELECTORS.--
A. A person who desires to become a candidate for
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election as a member of the conservancy district board of
directors shall file a written declaration of candidacy with
the [proper filing officer in accordance with the provisions of
the Local Election Act ] election director or election officer
at least sixty days before the election. The election director
or election officer shall certify the candidates to the board
of directors.
B. The declaration of candidacy shall [be
accompanied by:
(1) if a candidate for a position representing
a county in the conservancy district, a petition signed by at
least seventy-five qualified electors of the district who
reside in that county; or
(2) if a candidate for the position at large
in the conservancy district, a petition signed by at least one
hundred twenty-five qualified electors ] contain:
(1) a statement that the candidate is a
qualified elector of the district and meets the qualifications
of a director as required by law;
(2) the candidate's name, address, county of
residence and date of declaration of candidacy;
(3) the numerical designation of the position
on the board of directors for which the person desires to be a
candidate;
(4) if a candidate for a position representing
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a county in the conservancy district, a petition signed by at
least seventy-five qualified electors of the district who
reside in that county;
(5) if a candidate for the position at large
in the conservancy district, a petition signed by at least one
hundred twenty-five qualified electors; and
(6) a statement that the person resides within
the conservancy district and in the county for which the person
desires to be a candidate on the board of directors ."
SECTION 6. Section 73-14-28.1 NMSA 1978 (being Laws 1996,
Chapter 42, Section 12, as amended) is repealed and a new
Section 73-14-28.1 NMSA 1978 is enacted to read:
"73-14-28.1. [NEW MATERIAL ] ELECTIONS.--The board of
directors of the conservancy district shall conduct the
election pursuant to Sections 73-14-18 through 73-14-30 NMSA
1978 and shall select an election director as defined in
Section 73-14-20 NMSA 1978 to provide election services. The
election may be conducted by paper ballot, electronic voting
machine or any other state-certified tabulating voting
machine."
SECTION 7. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
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