HJC/HB 308/ec
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AN ACT
RELATING TO CONSERVANCY DISTRICT ELECTIONS; REMOVING
CONSERVANCY DISTRICTS FROM THE LOCAL ELECTION ACT; PROVIDING
TIMING AND OTHER PROCEDURES FOR 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;
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 and organized pursuant to The Conservancy Act of New HJC/HB 308/ec
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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
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 HJC/HB 308/ec
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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;
D. "list compiler" means a contractor approved by
the board of directors to compile and produce a qualified
elector list for a conservancy district;
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 resides on and owns legal or
equitable title in tribal lands and who is over the age of
majority;
F. "qualified elector's list" means the list
compiled before each election that contains the individual
names of all qualified electors; and
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 HJC/HB 308/ec
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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 election director or election officer
no later than forty-five days prior to a district 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.
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 July HJC/HB 308/ec
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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;
(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 election director or election officer
shall distribute to each polling place a current qualified
elector's list for the appropriate county. The election HJC/HB 308/ec
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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. 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
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 HJC/HB 308/ec
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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
election as a member of the conservancy district board of
directors shall file a written declaration of candidacy with
the 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 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; HJC/HB 308/ec
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(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 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. 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 HJC/HB 308/ec
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state-certified tabulating voting machine."
SECTION 7. Section 73-14-57 NMSA 1978 (being Laws 1943,
Chapter 126, Section 4, as amended) is amended to read:
"73-14-57. DEFINITION OF "QUALIFIED ELECTORS".--The
term "qualified electors", as used in Sections 73-14-54
through 73-14-69 NMSA 1978, means only those persons who have
reached the age of majority and, for at least six months
prior to the election, have owned, during the entire six-
month period, real property situated within the district that
is subject to conservancy district appraisals, assessments,
levies and taxes."
SECTION 8. Section 73-14-61 NMSA 1978 (being Laws 1943,
Chapter 126, Section 8, as amended) is amended to read:
"73-14-61. NOTICE OF CANDIDACY--SIGNATURES OF
ELECTORS.--Any qualified elector who desires to become a
candidate for election as a director shall, at least forty
days prior to the election, file with the secretary of the
board of directors then in office a written notice of
candidacy, which shall state the candidate's name and
residence and the term for which the candidate is running
within the conservancy district. If the candidate is a
candidate at large, the candidate's notice of candidacy shall
be signed by twenty qualified electors resident within the
district. If the candidate is a candidate only from that
portion of the district that lies within one county, the HJC/HB 308/ec
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candidate's notice of candidacy shall be signed by ten
qualified electors who reside within that particular portion
of the district and county from which the candidate seeks to
be elected."
SECTION 9. Section 73-14-62 NMSA 1978 (being Laws 1943,
Chapter 126, Section 9, as amended) is amended to read:
"73-14-62. TIME, PLACE AND PROCEDURE FOR ELECTION.--
A. The five director-members of the board of
directors created by Sections 73-14-54 through 73-14-69 NMSA
1978 shall be elected on the first Tuesday of October of the
year 1943 and of each succeeding sixth year thereafter at an
election for districts having less than one hundred thousand
acres. The five director-members of the boards of directors
of conservancy districts formed after July 1, 1952 shall be
elected on the first Tuesday of October 1959 and of each
succeeding sixth year thereafter at a general election.
B. Not less than thirty days prior to said
election, the board of directors then in office shall meet
and, by written resolution, which shall be preserved among
the permanent records of the board, select a voting place
within each voting precinct or voting division thereof within
the conservancy district and shall select three judges of
election to conduct the election at the place so selected.
Those judges shall be qualified electors, as herein defined,
and residents of the precinct within which they are appointed HJC/HB 308/ec
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to act and shall serve without pay. The resolution shall
appoint one of those judges to receive the ballots and post a
notice of election. Not less than five days thereafter, the
secretary of said board shall notify each judge so selected
of the judge's appointment as such and send to the judge
selected to receive the ballots four copies of a notice of
election, which shall state the time and purpose thereof, the
place where held within the precinct and the names of the
judges selected for such precinct and said notices shall be
posted at the four most prominent places within the precinct
as soon as received."
SECTION 10. A new Section 73-14-62.1 NMSA 1978 is
enacted to read:
"73-14-62.1. ELECTION RULES AND PROCEDURES--FORMS--
NOTICE OF ELECTION--BALLOTS--POLLING PLACES--ABSENTEE
VOTING--CANVASS OF ELECTION RETURNS--CERTIFICATION.--The
board of directors may promulgate necessary and reasonable
rules for the administration of its elections, including
provisions for: public notice of elections; selection of
election judges; opening and closing of polling places; the
printing and form of ballots; mail or absentee voting; voting
locations; instructions to voters; canvassing of election
returns; and certification of elections."
SECTION 11. Section 73-14-71 NMSA 1978 (being Laws
1961, Chapter 67, Section 3, as amended) is amended to read: HJC/HB 308/ec
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"73-14-71. DEFINITION OF "QUALIFIED ELECTOR"--QUALIFIED
ELECTOR LIST.--As used in the provisions of Sections 73-14-70
through 73-14-88 NMSA 1978, "qualified elector" means a
natural person who has reached the age of majority and who,
for at least six months prior to the election, has owned,
either in community or separately, real property located
within the district and subject to conservancy district
appraisals, assessments, levies and taxes."
SECTION 12. Section 73-14-73 NMSA 1978 (being Laws
1961, Chapter 67, Section 5, as amended) is amended to read:
"73-14-73. ELECTIONS--WHEN HELD.--
A. The first election for conservancy districts
existing on July 1, 1961 and eligible under the provisions of
Section 74-14-74 NMSA 1978 to have an elected board of
directors shall be held on the first Tuesday in October 1961.
B. Subsequent elections shall be held every two
years following the year 1961 and shall be held on the first
Tuesday of October.
C. Conservancy districts formed after July 1, 1961
shall hold their first election as provided in Section
73-14-74 NMSA 1978."
SECTION 13. Section 73-14-74 NMSA 1978 (being Laws
1961, Chapter 67, Section 6, as amended) is amended to read:
"73-14-74. ELIGIBILITY OF DISTRICT TO HOLD ELECTION.--
A. No election shall be held in an existing HJC/HB 308/ec
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conservancy district until the main canals in that district
are in such a condition that water can be delivered from them
for irrigation on the lands within the district.
B. The first election in any district formed after
July 1, 1961, or in a district existing on July 1, 1961, and
having an appointed board of directors shall be held on the
first Tuesday of October occurring in an odd-numbered year
after the requirements of Subsection A of this section are
fulfilled."
SECTION 14. Section 73-14-78 NMSA 1978 (being Laws
1961, Chapter 67, Section 10, as amended) is amended to read:
"73-14-78. NOTICE OF CANDIDACY--SIGNATURES OF
ELECTORS.--
A. Any qualified elector who desires to become a
candidate for election as a member of a conservancy district
board of directors shall file a written notice of candidacy
with the secretary of the board at least twenty days before
the election.
B. A notice for candidacy shall state:
(1) the candidate's name and address; and
(2) the numerical designation of the office
position on the board for which the person desires to be a
candidate.
C. In addition to the requirements of Subsection B
of this section, a notice for candidacy shall be signed by at HJC/HB 308/ec
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least ten qualified electors within the conservancy
district."
SECTION 15. A new Section 73-14-79.1 NMSA 1978 is
enacted to read:
"73-14-79.1. ELECTION RULES AND PROCEDURES--FORMS--
NOTICE OF ELECTION--BALLOTS--POLLING PLACES--ABSENTEE
VOTING--CANVASS OF ELECTION RETURNS--CERTIFICATION.--The
board of directors may promulgate necessary and reasonable
rules for the administration of its elections, including
provisions for: public notice of elections; selection of
election judges; opening and closing of polling places; the
printing and form of ballots; mail or absentee voting; voting
locations; instructions to voters; canvassing of election
returns; and certification of elections."
SECTION 16. Section 73-18-27 NMSA 1978 (being Laws
1955, Chapter 281, Section 3, as amended) is amended to read:
"73-18-27. ELECTIONS.--In each odd-numbered year after
1955, elections shall be called and conducted pursuant to the
provisions of Sections 73-18-25 through 73-18-43 NMSA 1978
for the election of directors to succeed any directors whose
terms expire in that year. Elections shall be held on the
second Tuesday of October of each odd-numbered year. The
election shall be called by the board of directors by
resolution that shall fix for each election precinct within
the district outside the municipality and designate the HJC/HB 308/ec
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necessary qualified electors of each election precinct to act
as judges of the election in each precinct. At the
discretion of the board of directors of the conservancy
district, the election may be held at any place within the
district. Judges of the election shall be paid an amount to
be determined by the board of directors for service.
Expenses of the elections shall be paid by the district."
SECTION 17. Section 73-18-28 NMSA 1978 (being Laws
1955, Chapter 281, Section 4, as amended) is amended to read:
"73-18-28. DIRECTOR-AT-LARGE AND MUNICIPAL DIRECTOR.--
A. The director to represent the municipality and
the director-at-large for the period from October 1955 to
October 1957 shall be selected at the September 1955 meeting
by the board of directors of the conservancy district as it
exists prior to the election. The members shall be elected
from the membership of the previously existing board if there
are qualified members of the board willing to serve for the
additional two years. If there are no members of the
existing board willing to serve for the additional period of
two years or if there is only one, the existing board may
select one or both of the directors from qualified electors
of the district for the position or positions.
B. In the election to be held in October 1957, a
director to represent the municipal voting precinct shall be
elected from the qualified electors of the municipality, and HJC/HB 308/ec
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a director-at-large shall be elected from the qualified
electors of the district.
C. Every resident, otherwise qualified, owning
real estate of any character within the district shall have
one vote for director-at-large. Each elector resident of the
municipal voting precinct shall have one vote for municipal
director. The right of a voter to vote for municipal
director shall not be affected by the elector voting in any
other election precinct in which the elector may own class
"A" land."
SECTION 18. Section 73-18-34 NMSA 1978 (being Laws
1955, Chapter 281, Section 10, as amended) is amended to
read:
"73-18-34. BECOMING A CANDIDATE FOR DIRECTOR.--Any
person wishing to become a candidate for the office of
director in any district shall by the last Friday of July
before the election file in the office of the secretary of
the district a declaration of candidacy stating the election
precinct for which the person is a candidate, accompanied by
a petition signed by not less than ten qualified electors of
the election precinct for which the person is a candidate to
represent. No declaration of candidacy shall be accepted by
the secretary unless accompanied by such petition, signed by
electors."
SECTION 19. Section 73-18-41 NMSA 1978 (being Laws HJC/HB 308/ec
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1955, Chapter 281, Section 17, as amended) is amended to
read:
"73-18-41. APPLICATION OF GENERAL ELECTION LAWS.--In
any election held under Sections 73-18-25 through 73-18-43
NMSA 1978, the general election laws shall be applicable
except as otherwise provided in Sections 73-18-25 through
73-18-43 NMSA 1978 and except as to the requirement for
registration and residence in state, county or precinct as a
qualification of an elector in offering to vote."
SECTION 20. A new Section 73-18-41.1 NMSA 1978 is
enacted to read:
"73-18-41.1. ELECTION RULES AND PROCEDURES--FORMS--
NOTICE OF ELECTION--BALLOTS--POLLING PLACES--ABSENTEE
VOTING--CANVASS OF ELECTION RETURNS--CERTIFICATION.--The
board of directors may promulgate necessary and reasonable
rules for the administration of its elections, including
provisions for: public notice of elections; selection of
election judges; opening and closing of polling places; the
printing and form of ballots; mail or absentee voting; voting
locations; instructions to voters; canvassing of election
returns; and certification of elections."
SECTION 21. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect
immediately.