NM
New Mexico House Bill HB308

New Mexico 2025 Regular Session

New Mexico House Bill HB308 Compare Versions

OldNewDifferences
1-HJC/HB 308/ec
2-Page 1
1+underscored material = new
2+[bracketed material] = delete
33 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727 25
28+HOUSE BILL 308
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Derrick J. Lente and Gail Armstrong
2848 AN ACT
29-RELATING TO CONSERVANCY DISTRICT ELECTIONS; REMOVING
30-CONSERVANCY DISTRICTS FROM THE LOCAL ELECTION ACT; PROVIDING
31-TIMING AND OTHER PROCEDURES FOR CONSERVANCY DISTRICT
32-ELECTIONS; DEFINING TERMS; PROVIDING PROCEDURES FOR COMPILING
33-A LIST OF QUALIFIED ELECTORS; ELIMINATING CERTAIN
34-REQUIREMENTS FOR ABSENTEE VOTING, ELECTION NOTICES AND
35-POLLING LOCATIONS; AMENDING AND ENACTING SECTIONS OF THE NMSA
36-1978; DECLARING AN EMERGENCY.
49+RELATING TO CONSERVANCY DISTRICT ELECTIONS; REMOVING THE MIDDLE
50+RIO GRANDE CONSERVANCY DISTRICT FROM THE LOCAL ELECTION ACT;
51+PROVIDING TIMING AND OTHER PROCEDURES FOR THE MIDDLE RIO GRANDE
52+CONSERVANCY DISTRICT ELECTIONS; DEFINING TERMS; PROVIDING
53+PROCEDURES FOR COMPILING A LIST OF QUALIFIED ELECTORS;
54+ELIMINATING CERTAIN REQUIREMENTS FOR ABSENTEE VOTING, ELECTION
55+NOTICES AND POLLING LOCATIONS; AMENDING AND ENACTING SECTIONS
56+OF THE NMSA 1978; DECLARING AN EMERGENCY.
3757 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3858 SECTION 1. Section 1-22-2 NMSA 1978 (being Laws 2019,
3959 Chapter 212, Section 141) is amended to read:
40-"1-22-2. DEFINITIONS.--As used in the Local Election
41-Act:
60+"1-22-2. DEFINITIONS.--As used in the Local Election Act:
4261 A. "local election" means a local government
4362 election;
44-B. "local governing body" means a board, council
45-or commission, as appropriate for a given local government;
46-C. "local government" means a:
47-(1) political subdivision of the state with
48-authority to levy taxes pursuant to Article 8, Section 9 of
49-the constitution of New Mexico and its enabling legislation,
50-but does not include a county or a conservancy district
51-created and organized pursuant to The Conservancy Act of New HJC/HB 308/ec
52-Page 2
63+.229194.2 underscored material = new
64+[bracketed material] = delete
5365 1
5466 2
5567 3
5668 4
5769 5
5870 6
5971 7
6072 8
6173 9
6274 10
6375 11
6476 12
6577 13
6678 14
6779 15
6880 16
6981 17
7082 18
7183 19
7284 20
7385 21
7486 22
7587 23
7688 24
7789 25
78-Mexico; and
79-(2) political subdivision of the state
80-without authority to levy taxes pursuant to Article 8,
81-Section 9 of the constitution of New Mexico or its enabling
82-legislation, but whose statutory provisions provide for
83-election of officers or ballot questions to be decided
84-pursuant to the Local Election Act;
90+B. "local governing body" means a board, council or
91+commission, as appropriate for a given local government;
92+C. "local government" means a:
93+(1) political subdivision of the state with
94+authority to levy taxes pursuant to Article 8, Section 9 of the
95+constitution of New Mexico and its enabling legislation, but
96+does not include a county or a conservancy district created
97+prior to 1930, embracing land situate in four or more counties
98+and organized pursuant to The Conservancy Act of New Mexico ;
99+and
100+(2) political subdivision of the state without
101+authority to levy taxes pursuant to Article 8, Section 9 of the
102+constitution of New Mexico or its enabling legislation, but
103+whose statutory provisions provide for election of officers or
104+ballot questions to be decided pursuant to the Local Election
105+Act;
85106 D. "municipal officers" means the local governing
86107 body and any elective executive and judicial officers of a
87108 municipality;
88109 E. "regular local election" means the biennial
89110 local election at which local governing body members are
90111 elected pursuant to the provisions of the Local Election Act;
91112 and
92113 F. "special local election" means a local election
93114 conducted at a time other than a statewide election at which
94-only ballot questions are considered pursuant to the
95-provisions of the Special Election Act."
96-SECTION 2. Section 73-14-20 NMSA 1978 (being Laws 1975,
97-Chapter 262, Section 3, as amended) is amended to read:
98-"73-14-20. DEFINITIONS.--As used in Sections 73-14-18
99-through 73-14-30 NMSA 1978:
100-A. "benefited area" means that area described by a
101-property appraisal that receives a benefit as a result of the
102-creation of a district for any of the purposes specified in HJC/HB 308/ec
103-Page 3
115+.229194.2
116+- 2 - underscored material = new
117+[bracketed material] = delete
104118 1
105119 2
106120 3
107121 4
108122 5
109123 6
110124 7
111125 8
112126 9
113127 10
114128 11
115129 12
116130 13
117131 14
118132 15
119133 16
120134 17
121135 18
122136 19
123137 20
124138 21
125139 22
126140 23
127141 24
128142 25
143+only ballot questions are considered pursuant to the provisions
144+of the Special Election Act."
145+SECTION 2. Section 73-14-20 NMSA 1978 (being Laws 1975,
146+Chapter 262, Section 3, as amended) is amended to read:
147+"73-14-20. DEFINITIONS.--As used in Sections 73-14-18
148+through 73-14-30 NMSA 1978:
149+A. "benefited area" means that area described by a
150+property appraisal that receives a benefit as a result of the
151+creation of a district for any of the purposes specified in
129152 Section 73-14-4 NMSA 1978;
130153 B. "election director" means the person whom the
131-board of directors may request to provide election services
132-by a contract;
154+board of directors may request to provide election services by
155+a contract;
133156 C. "election officer" means a person appointed by
134157 the board of directors to conduct the election in the absence
135158 of the election director to perform the election director's
136159 duties as required pursuant to law;
137-D. "list compiler" means a contractor approved by
138-the board of directors to compile and produce a qualified
160+[B.] D. "list compiler" means a contractor approved
161+by the board of directors to compile and produce a qualified
139162 elector list for a conservancy district;
140-E. "qualified elector" means an individual who
141-owns real property within the benefited area of the
142-conservancy district and who has provided proof of an
143-ownership interest to one of the sources specified in
144-Subsection B of Section 73-14-20.1 NMSA 1978 within the
145-required time period, or who resides on and owns legal or
146-equitable title in tribal lands and who is over the age of
147-majority;
148-F. "qualified elector's list" means the list
149-compiled before each election that contains the individual
150-names of all qualified electors; and
151-G. "residence" means a dwelling that lies
152-partially or completely within the benefited area."
153-SECTION 3. Section 73-14-20.1 NMSA 1978 (being Laws HJC/HB 308/ec
154-Page 4
163+[C.] E. "qualified elector" means an individual who
164+owns real property within the benefited area of the conservancy
165+district and who has provided proof of an ownership interest to
166+one of the sources specified in Subsection B of Section
167+73-14-20.1 NMSA 1978 within the required time period, or who
168+.229194.2
169+- 3 - underscored material = new
170+[bracketed material] = delete
155171 1
156172 2
157173 3
158174 4
159175 5
160176 6
161177 7
162178 8
163179 9
164180 10
165181 11
166182 12
167183 13
168184 14
169185 15
170186 16
171187 17
172188 18
173189 19
174190 20
175191 21
176192 22
177193 23
178194 24
179195 25
180-1990, Chapter 48, Section 1, as amended) is amended to read:
196+resides on and owns legal or equitable title in tribal lands
197+and who is over the age of majority;
198+[D.] F. "qualified elector's list" means the list
199+compiled before each election that contains the individual
200+names of all qualified electors; and
201+[E.] G. "residence" means a dwelling that lies
202+partially or completely within the benefited area."
203+SECTION 3. Section 73-14-20.1 NMSA 1978 (being Laws 1990,
204+Chapter 48, Section 1, as amended) is amended to read:
181205 "73-14-20.1. QUALIFIED ELECTOR LIST.--
182206 A. The board of directors of the conservancy
183-district may contract for a list compiler before each
184-election to compile and produce a qualified elector's list
185-for the district. The list compiler shall deliver the
186-completed list to the election director or election officer
187-no later than forty-five days prior to a district election.
188-An individual who purchases property ninety days prior to an
189-election and whose name does not appear on the qualified
190-elector's list shall not vote in that election. The
191-individual may become certified to vote in a future election
192-by filing a deed of title with the appropriate county clerk
193-at least ninety days before the next conservancy district
194-election.
195-B. Names of qualified electors shall be obtained
196-from the records of the county clerk of the appropriate
197-county, the appropriate county assessor of the appropriate
198-county, records of the conservancy district or from the
199-census bureau and enrollment records provided by the pueblos.
200-The county assessor of the appropriate county, the county
201-clerk of the appropriate county and the tribal
202-representatives of the appropriate pueblos shall deliver to
203-the list compiler all records regarding qualified electors of
204-the benefited area no later than the last day of each July HJC/HB 308/ec
205-Page 5
207+district may contract for a list compiler before each election
208+to compile and produce a qualified elector's list for the
209+district. The list compiler shall deliver the completed list
210+to the [appropriate county clerk ] election director or election
211+officer no later than [one hundred eighty ] forty-five days
212+prior to a district election [and update the list every thirty
213+days until ninety days before the election, which list the
214+county clerk shall use for the election ]. An individual who
215+purchases property ninety days prior to an election and whose
216+name does not appear on the qualified elector's list shall not
217+vote in that election. The individual may become certified to
218+vote in a future election by filing a deed of title with the
219+appropriate county clerk at least ninety days before the next
220+conservancy district election.
221+.229194.2
222+- 4 - underscored material = new
223+[bracketed material] = delete
206224 1
207225 2
208226 3
209227 4
210228 5
211229 6
212230 7
213231 8
214232 9
215233 10
216234 11
217235 12
218236 13
219237 14
220238 15
221239 16
222240 17
223241 18
224242 19
225243 20
226244 21
227245 22
228246 23
229247 24
230248 25
231-before a district election.
249+B. Names of qualified electors shall be obtained
250+from the records of the county clerk of the appropriate county,
251+the appropriate county assessor of the appropriate county,
252+records of the conservancy district or from the census bureau
253+and enrollment records provided by the pueblos. The county
254+assessor of the appropriate county, the county clerk of the
255+appropriate county and the tribal representatives of the
256+appropriate pueblos shall deliver to the list compiler all
257+records regarding qualified electors of the benefited area no
258+later than the last day of each [March ] July before a district
259+election.
232260 C. Updating the qualified elector's list shall
233261 consist of adding, for any new qualified elector who has
234262 purchased property in the district, the name, address and
235263 description of all property owned by the qualified elector in
236-the benefited area and removing the name of any elector who
237-is deceased or who no longer owns property within the
238-benefited area.
264+the benefited area and removing the name of any elector who is
265+deceased or who no longer owns property within the benefited
266+area.
239267 D. Proof of ownership of land within the benefited
240268 area requires one of the following:
241269 (1) a recorded deed or real estate contract
242-indicating current ownership of land within the benefited
243-area;
270+indicating current ownership of land within the benefited area;
244271 (2) an individual's name on county clerk
245272 records indicating a description of property the individual
246273 owns within the benefited area;
247-(3) an individual's name on a list compiled
248-by the governing body of a pueblo within the benefited area
249-indicating that the individual named is residing on and has
250-legal or equitable title in the pueblo; or
251-(4) a current property tax bill indicating
252-ownership of land within the benefited area.
253- E. The election director or election officer
254-shall distribute to each polling place a current qualified
255-elector's list for the appropriate county. The election HJC/HB 308/ec
256-Page 6
274+.229194.2
275+- 5 - underscored material = new
276+[bracketed material] = delete
257277 1
258278 2
259279 3
260280 4
261281 5
262282 6
263283 7
264284 8
265285 9
266286 10
267287 11
268288 12
269289 13
270290 14
271291 15
272292 16
273293 17
274294 18
275295 19
276296 20
277297 21
278298 22
279299 23
280300 24
281301 25
282-director or election officer shall distribute the qualified
283-elector's list to each polling place within a pueblo located
284-within the benefited area. A qualified elector may vote at
285-any one polling place in the pueblo or county where the
286-elector owns land. An individual who seeks to cast a vote
287-but whose name is not on the qualified elector's list shall
288-not be allowed to vote in that election."
302+(3) an individual's name on a list compiled by
303+the governing body of a pueblo within the benefited area
304+indicating that the individual named is residing on and has
305+legal or equitable title in the pueblo; or
306+(4) a current property tax bill indicating
307+ownership of land within the benefited area.
308+ E. The [appropriate county clerk ] election
309+director or election officer shall distribute to each polling
310+place a current qualified elector's list for the appropriate
311+county. The [appropriate county clerk ] election director or
312+election officer shall distribute the qualified elector's list
313+to each polling place within a pueblo located within the
314+benefited area. A qualified elector may vote at any one
315+polling place in the pueblo or county where the elector owns
316+land. An individual who seeks to cast a vote but whose name is
317+not on the qualified elector's list shall not be allowed to
318+vote in that election."
289319 SECTION 4. Section 73-14-24 NMSA 1978 (being Laws 1975,
290320 Chapter 262, Section 7, as amended) is repealed and a new
291321 Section 73-14-24 NMSA 1978 is enacted to read:
292-"73-14-24. TIME AND PROCEDURE FOR ELECTION--RULE
293-ADOPTION--ELECTION DIRECTOR--ELECTION PROCLAMATION.--
322+"73-14-24. [NEW MATERIAL ] TIME AND PROCEDURE FOR
323+ELECTION--RULE ADOPTION--ELECTION DIRECTOR--ELECTION
324+PROCLAMATION.--
294325 A. On the first Tuesday after the first Monday in
295326 May prior to the middle Rio Grande conservancy district
296-election, an election proclamation shall be published that
297-includes a list of the offices for which a candidate may
298-file, the date and place at which declarations of candidacy
299-shall be filed and the date of the election. The election
300-proclamation shall be published once in a newspaper of
301-general circulation in the counties in which the election
302-shall be held.
303-B. The members of the boards of directors created
304-pursuant to provisions of Sections 73-14-18 through 73-14-30
305-NMSA 1978 shall be elected at an election held on the first
306-Tuesday after the first Monday in October in 2025 and in each HJC/HB 308/ec
307-Page 7
327+.229194.2
328+- 6 - underscored material = new
329+[bracketed material] = delete
308330 1
309331 2
310332 3
311333 4
312334 5
313335 6
314336 7
315337 8
316338 9
317339 10
318340 11
319341 12
320342 13
321343 14
322344 15
323345 16
324346 17
325347 18
326348 19
327349 20
328350 21
329351 22
330352 23
331353 24
332354 25
355+election, an election proclamation shall be published that
356+includes a list of the offices for which a candidate may file,
357+the date and place at which declarations of candidacy shall be
358+filed and the date of the election. The election proclamation
359+shall be published once in a newspaper of general circulation
360+in the counties in which the election shall be held.
361+B. The members of the boards of directors created
362+pursuant to provisions of Sections 73-14-18 through 73-14-30
363+NMSA 1978 shall be elected at an election held on the first
364+Tuesday after the first Monday in October in 2025 and in each
333365 odd-numbered year thereafter.
334366 C. The elections for the members of the board of
335367 directors of the conservancy district shall be conducted,
336-counted and canvassed as provided in Sections 73-14-18
337-through 73-14-30 NMSA 1978 and shall not be governed by or
338-subject to the provisions of the Local Election Act. The
339-polls may be opened and closed in the same manner as provided
340-for the general election under the Election Code.
341-D. The board of directors shall adopt procedures
342-as necessary to conduct elections."
368+counted and canvassed as provided in Sections 73-14-18 through
369+73-14-30 NMSA 1978 and shall not be governed by or subject to
370+the provisions of the Local Election Act. The polls may be
371+opened and closed in the same manner as provided for the
372+general election under the Election Code.
373+D. The board of directors shall adopt procedures as
374+necessary to conduct elections."
343375 SECTION 5. Section 73-14-25 NMSA 1978 (being Laws 1975,
344376 Chapter 262, Section 8, as amended) is amended to read:
345377 "73-14-25. DECLARATION OF CANDIDACY--SIGNATURES OF
346378 ELECTORS.--
347379 A. A person who desires to become a candidate for
348-election as a member of the conservancy district board of
349-directors shall file a written declaration of candidacy with
350-the election director or election officer at least sixty days
351-before the election. The election director or election
352-officer shall certify the candidates to the board of
353-directors.
354-B. The declaration of candidacy shall contain:
355-(1) a statement that the candidate is a
356-qualified elector of the district and meets the
357-qualifications of a director as required by law; HJC/HB 308/ec
358-Page 8
380+.229194.2
381+- 7 - underscored material = new
382+[bracketed material] = delete
359383 1
360384 2
361385 3
362386 4
363387 5
364388 6
365389 7
366390 8
367391 9
368392 10
369393 11
370394 12
371395 13
372396 14
373397 15
374398 16
375399 17
376400 18
377401 19
378402 20
379403 21
380404 22
381405 23
382406 24
383407 25
408+election as a member of the conservancy district board of
409+directors shall file a written declaration of candidacy with
410+the [proper filing officer in accordance with the provisions of
411+the Local Election Act ] election director or election officer
412+at least sixty days before the election. The election director
413+or election officer shall certify the candidates to the board
414+of directors.
415+B. The declaration of candidacy shall [be
416+accompanied by:
417+(1) if a candidate for a position representing
418+a county in the conservancy district, a petition signed by at
419+least seventy-five qualified electors of the district who
420+reside in that county; or
421+(2) if a candidate for the position at large
422+in the conservancy district, a petition signed by at least one
423+hundred twenty-five qualified electors ] contain:
424+(1) a statement that the candidate is a
425+qualified elector of the district and meets the qualifications
426+of a director as required by law;
384427 (2) the candidate's name, address, county of
385428 residence and date of declaration of candidacy;
386-(3) the numerical designation of the
387-position on the board of directors for which the person
388-desires to be a candidate;
389-(4) if a candidate for a position
390-representing a county in the conservancy district, a petition
391-signed by at least seventy-five qualified electors of the
392-district who reside in that county;
393-(5) if a candidate for the position at large
394-in the conservancy district, a petition signed by at least
395-one hundred twenty-five qualified electors; and
396-(6) a statement that the person resides
397-within the conservancy district and in the county for which
398-the person desires to be a candidate on the board of
399-directors."
400-SECTION 6. Section 73-14-28.1 NMSA 1978 (being Laws
401-1996, Chapter 42, Section 12, as amended) is repealed and a
402-new Section 73-14-28.1 NMSA 1978 is enacted to read:
403-"73-14-28.1. ELECTIONS.--The board of directors of the
404-conservancy district shall conduct the election pursuant to
405-Sections 73-14-18 through 73-14-30 NMSA 1978 and shall select
406-an election director as defined in Section 73-14-20 NMSA 1978
407-to provide election services. The election may be conducted
408-by paper ballot, electronic voting machine or any other HJC/HB 308/ec
409-Page 9
429+(3) the numerical designation of the position
430+on the board of directors for which the person desires to be a
431+candidate;
432+(4) if a candidate for a position representing
433+.229194.2
434+- 8 - underscored material = new
435+[bracketed material] = delete
410436 1
411437 2
412438 3
413439 4
414440 5
415441 6
416442 7
417443 8
418444 9
419445 10
420446 11
421447 12
422448 13
423449 14
424450 15
425451 16
426452 17
427453 18
428454 19
429455 20
430456 21
431457 22
432458 23
433459 24
434460 25
435-state-certified tabulating voting machine."
436-SECTION 7. Section 73-14-57 NMSA 1978 (being Laws 1943,
437-Chapter 126, Section 4, as amended) is amended to read:
438-"73-14-57. DEFINITION OF "QUALIFIED ELECTORS".--The
439-term "qualified electors", as used in Sections 73-14-54
440-through 73-14-69 NMSA 1978, means only those persons who have
441-reached the age of majority and, for at least six months
442-prior to the election, have owned, during the entire six-
443-month period, real property situated within the district that
444-is subject to conservancy district appraisals, assessments,
445-levies and taxes."
446-SECTION 8. Section 73-14-61 NMSA 1978 (being Laws 1943,
447-Chapter 126, Section 8, as amended) is amended to read:
448-"73-14-61. NOTICE OF CANDIDACY--SIGNATURES OF
449-ELECTORS.--Any qualified elector who desires to become a
450-candidate for election as a director shall, at least forty
451-days prior to the election, file with the secretary of the
452-board of directors then in office a written notice of
453-candidacy, which shall state the candidate's name and
454-residence and the term for which the candidate is running
455-within the conservancy district. If the candidate is a
456-candidate at large, the candidate's notice of candidacy shall
457-be signed by twenty qualified electors resident within the
458-district. If the candidate is a candidate only from that
459-portion of the district that lies within one county, the HJC/HB 308/ec
460-Page 10
461-1
462-2
463-3
464-4
465-5
466-6
467-7
468-8
469-9
470-10
471-11
472-12
473-13
474-14
475-15
476-16
477-17
478-18
479-19
480-20
481-21
482-22
483-23
484-24
485-25
486-candidate's notice of candidacy shall be signed by ten
487-qualified electors who reside within that particular portion
488-of the district and county from which the candidate seeks to
489-be elected."
490-SECTION 9. Section 73-14-62 NMSA 1978 (being Laws 1943,
491-Chapter 126, Section 9, as amended) is amended to read:
492-"73-14-62. TIME, PLACE AND PROCEDURE FOR ELECTION.--
493-A. The five director-members of the board of
494-directors created by Sections 73-14-54 through 73-14-69 NMSA
495-1978 shall be elected on the first Tuesday of October of the
496-year 1943 and of each succeeding sixth year thereafter at an
497-election for districts having less than one hundred thousand
498-acres. The five director-members of the boards of directors
499-of conservancy districts formed after July 1, 1952 shall be
500-elected on the first Tuesday of October 1959 and of each
501-succeeding sixth year thereafter at a general election.
502-B. Not less than thirty days prior to said
503-election, the board of directors then in office shall meet
504-and, by written resolution, which shall be preserved among
505-the permanent records of the board, select a voting place
506-within each voting precinct or voting division thereof within
507-the conservancy district and shall select three judges of
508-election to conduct the election at the place so selected.
509-Those judges shall be qualified electors, as herein defined,
510-and residents of the precinct within which they are appointed HJC/HB 308/ec
511-Page 11
512-1
513-2
514-3
515-4
516-5
517-6
518-7
519-8
520-9
521-10
522-11
523-12
524-13
525-14
526-15
527-16
528-17
529-18
530-19
531-20
532-21
533-22
534-23
535-24
536-25
537-to act and shall serve without pay. The resolution shall
538-appoint one of those judges to receive the ballots and post a
539-notice of election. Not less than five days thereafter, the
540-secretary of said board shall notify each judge so selected
541-of the judge's appointment as such and send to the judge
542-selected to receive the ballots four copies of a notice of
543-election, which shall state the time and purpose thereof, the
544-place where held within the precinct and the names of the
545-judges selected for such precinct and said notices shall be
546-posted at the four most prominent places within the precinct
547-as soon as received."
548-SECTION 10. A new Section 73-14-62.1 NMSA 1978 is
549-enacted to read:
550-"73-14-62.1. ELECTION RULES AND PROCEDURES--FORMS--
551-NOTICE OF ELECTION--BALLOTS--POLLING PLACES--ABSENTEE
552-VOTING--CANVASS OF ELECTION RETURNS--CERTIFICATION.--The
553-board of directors may promulgate necessary and reasonable
554-rules for the administration of its elections, including
555-provisions for: public notice of elections; selection of
556-election judges; opening and closing of polling places; the
557-printing and form of ballots; mail or absentee voting; voting
558-locations; instructions to voters; canvassing of election
559-returns; and certification of elections."
560-SECTION 11. Section 73-14-71 NMSA 1978 (being Laws
561-1961, Chapter 67, Section 3, as amended) is amended to read: HJC/HB 308/ec
562-Page 12
563-1
564-2
565-3
566-4
567-5
568-6
569-7
570-8
571-9
572-10
573-11
574-12
575-13
576-14
577-15
578-16
579-17
580-18
581-19
582-20
583-21
584-22
585-23
586-24
587-25
588-"73-14-71. DEFINITION OF "QUALIFIED ELECTOR"--QUALIFIED
589-ELECTOR LIST.--As used in the provisions of Sections 73-14-70
590-through 73-14-88 NMSA 1978, "qualified elector" means a
591-natural person who has reached the age of majority and who,
592-for at least six months prior to the election, has owned,
593-either in community or separately, real property located
594-within the district and subject to conservancy district
595-appraisals, assessments, levies and taxes."
596-SECTION 12. Section 73-14-73 NMSA 1978 (being Laws
597-1961, Chapter 67, Section 5, as amended) is amended to read:
598-"73-14-73. ELECTIONS--WHEN HELD.--
599-A. The first election for conservancy districts
600-existing on July 1, 1961 and eligible under the provisions of
601-Section 74-14-74 NMSA 1978 to have an elected board of
602-directors shall be held on the first Tuesday in October 1961.
603-B. Subsequent elections shall be held every two
604-years following the year 1961 and shall be held on the first
605-Tuesday of October.
606-C. Conservancy districts formed after July 1, 1961
607-shall hold their first election as provided in Section
608-73-14-74 NMSA 1978."
609-SECTION 13. Section 73-14-74 NMSA 1978 (being Laws
610-1961, Chapter 67, Section 6, as amended) is amended to read:
611-"73-14-74. ELIGIBILITY OF DISTRICT TO HOLD ELECTION.--
612-A. No election shall be held in an existing HJC/HB 308/ec
613-Page 13
614-1
615-2
616-3
617-4
618-5
619-6
620-7
621-8
622-9
623-10
624-11
625-12
626-13
627-14
628-15
629-16
630-17
631-18
632-19
633-20
634-21
635-22
636-23
637-24
638-25
639-conservancy district until the main canals in that district
640-are in such a condition that water can be delivered from them
641-for irrigation on the lands within the district.
642-B. The first election in any district formed after
643-July 1, 1961, or in a district existing on July 1, 1961, and
644-having an appointed board of directors shall be held on the
645-first Tuesday of October occurring in an odd-numbered year
646-after the requirements of Subsection A of this section are
647-fulfilled."
648-SECTION 14. Section 73-14-78 NMSA 1978 (being Laws
649-1961, Chapter 67, Section 10, as amended) is amended to read:
650-"73-14-78. NOTICE OF CANDIDACY--SIGNATURES OF
651-ELECTORS.--
652-A. Any qualified elector who desires to become a
653-candidate for election as a member of a conservancy district
654-board of directors shall file a written notice of candidacy
655-with the secretary of the board at least twenty days before
656-the election.
657-B. A notice for candidacy shall state:
658-(1) the candidate's name and address; and
659-(2) the numerical designation of the office
660-position on the board for which the person desires to be a
661-candidate.
662-C. In addition to the requirements of Subsection B
663-of this section, a notice for candidacy shall be signed by at HJC/HB 308/ec
664-Page 14
665-1
666-2
667-3
668-4
669-5
670-6
671-7
672-8
673-9
674-10
675-11
676-12
677-13
678-14
679-15
680-16
681-17
682-18
683-19
684-20
685-21
686-22
687-23
688-24
689-25
690-least ten qualified electors within the conservancy
691-district."
692-SECTION 15. A new Section 73-14-79.1 NMSA 1978 is
693-enacted to read:
694-"73-14-79.1. ELECTION RULES AND PROCEDURES--FORMS--
695-NOTICE OF ELECTION--BALLOTS--POLLING PLACES--ABSENTEE
696-VOTING--CANVASS OF ELECTION RETURNS--CERTIFICATION.--The
697-board of directors may promulgate necessary and reasonable
698-rules for the administration of its elections, including
699-provisions for: public notice of elections; selection of
700-election judges; opening and closing of polling places; the
701-printing and form of ballots; mail or absentee voting; voting
702-locations; instructions to voters; canvassing of election
703-returns; and certification of elections."
704-SECTION 16. Section 73-18-27 NMSA 1978 (being Laws
705-1955, Chapter 281, Section 3, as amended) is amended to read:
706-"73-18-27. ELECTIONS.--In each odd-numbered year after
707-1955, elections shall be called and conducted pursuant to the
708-provisions of Sections 73-18-25 through 73-18-43 NMSA 1978
709-for the election of directors to succeed any directors whose
710-terms expire in that year. Elections shall be held on the
711-second Tuesday of October of each odd-numbered year. The
712-election shall be called by the board of directors by
713-resolution that shall fix for each election precinct within
714-the district outside the municipality and designate the HJC/HB 308/ec
715-Page 15
716-1
717-2
718-3
719-4
720-5
721-6
722-7
723-8
724-9
725-10
726-11
727-12
728-13
729-14
730-15
731-16
732-17
733-18
734-19
735-20
736-21
737-22
738-23
739-24
740-25
741-necessary qualified electors of each election precinct to act
742-as judges of the election in each precinct. At the
743-discretion of the board of directors of the conservancy
744-district, the election may be held at any place within the
745-district. Judges of the election shall be paid an amount to
746-be determined by the board of directors for service.
747-Expenses of the elections shall be paid by the district."
748-SECTION 17. Section 73-18-28 NMSA 1978 (being Laws
749-1955, Chapter 281, Section 4, as amended) is amended to read:
750-"73-18-28. DIRECTOR-AT-LARGE AND MUNICIPAL DIRECTOR.--
751-A. The director to represent the municipality and
752-the director-at-large for the period from October 1955 to
753-October 1957 shall be selected at the September 1955 meeting
754-by the board of directors of the conservancy district as it
755-exists prior to the election. The members shall be elected
756-from the membership of the previously existing board if there
757-are qualified members of the board willing to serve for the
758-additional two years. If there are no members of the
759-existing board willing to serve for the additional period of
760-two years or if there is only one, the existing board may
761-select one or both of the directors from qualified electors
762-of the district for the position or positions.
763-B. In the election to be held in October 1957, a
764-director to represent the municipal voting precinct shall be
765-elected from the qualified electors of the municipality, and HJC/HB 308/ec
766-Page 16
767-1
768-2
769-3
770-4
771-5
772-6
773-7
774-8
775-9
776-10
777-11
778-12
779-13
780-14
781-15
782-16
783-17
784-18
785-19
786-20
787-21
788-22
789-23
790-24
791-25
792-a director-at-large shall be elected from the qualified
793-electors of the district.
794-C. Every resident, otherwise qualified, owning
795-real estate of any character within the district shall have
796-one vote for director-at-large. Each elector resident of the
797-municipal voting precinct shall have one vote for municipal
798-director. The right of a voter to vote for municipal
799-director shall not be affected by the elector voting in any
800-other election precinct in which the elector may own class
801-"A" land."
802-SECTION 18. Section 73-18-34 NMSA 1978 (being Laws
803-1955, Chapter 281, Section 10, as amended) is amended to
804-read:
805-"73-18-34. BECOMING A CANDIDATE FOR DIRECTOR.--Any
806-person wishing to become a candidate for the office of
807-director in any district shall by the last Friday of July
808-before the election file in the office of the secretary of
809-the district a declaration of candidacy stating the election
810-precinct for which the person is a candidate, accompanied by
811-a petition signed by not less than ten qualified electors of
812-the election precinct for which the person is a candidate to
813-represent. No declaration of candidacy shall be accepted by
814-the secretary unless accompanied by such petition, signed by
815-electors."
816-SECTION 19. Section 73-18-41 NMSA 1978 (being Laws HJC/HB 308/ec
817-Page 17
818-1
819-2
820-3
821-4
822-5
823-6
824-7
825-8
826-9
827-10
828-11
829-12
830-13
831-14
832-15
833-16
834-17
835-18
836-19
837-20
838-21
839-22
840-23
841-24
842-25
843-1955, Chapter 281, Section 17, as amended) is amended to
844-read:
845-"73-18-41. APPLICATION OF GENERAL ELECTION LAWS.--In
846-any election held under Sections 73-18-25 through 73-18-43
847-NMSA 1978, the general election laws shall be applicable
848-except as otherwise provided in Sections 73-18-25 through
849-73-18-43 NMSA 1978 and except as to the requirement for
850-registration and residence in state, county or precinct as a
851-qualification of an elector in offering to vote."
852-SECTION 20. A new Section 73-18-41.1 NMSA 1978 is
853-enacted to read:
854-"73-18-41.1. ELECTION RULES AND PROCEDURES--FORMS--
855-NOTICE OF ELECTION--BALLOTS--POLLING PLACES--ABSENTEE
856-VOTING--CANVASS OF ELECTION RETURNS--CERTIFICATION.--The
857-board of directors may promulgate necessary and reasonable
858-rules for the administration of its elections, including
859-provisions for: public notice of elections; selection of
860-election judges; opening and closing of polling places; the
861-printing and form of ballots; mail or absentee voting; voting
862-locations; instructions to voters; canvassing of election
863-returns; and certification of elections."
864-SECTION 21. EMERGENCY.--It is necessary for the public
865-peace, health and safety that this act take effect
866-immediately.
461+a county in the conservancy district, a petition signed by at
462+least seventy-five qualified electors of the district who
463+reside in that county;
464+(5) if a candidate for the position at large
465+in the conservancy district, a petition signed by at least one
466+hundred twenty-five qualified electors; and
467+(6) a statement that the person resides within
468+the conservancy district and in the county for which the person
469+desires to be a candidate on the board of directors ."
470+SECTION 6. Section 73-14-28.1 NMSA 1978 (being Laws 1996,
471+Chapter 42, Section 12, as amended) is repealed and a new
472+Section 73-14-28.1 NMSA 1978 is enacted to read:
473+"73-14-28.1. [NEW MATERIAL ] ELECTIONS.--The board of
474+directors of the conservancy district shall conduct the
475+election pursuant to Sections 73-14-18 through 73-14-30 NMSA
476+1978 and shall select an election director as defined in
477+Section 73-14-20 NMSA 1978 to provide election services. The
478+election may be conducted by paper ballot, electronic voting
479+machine or any other state-certified tabulating voting
480+machine."
481+SECTION 7. EMERGENCY.--It is necessary for the public
482+peace, health and safety that this act take effect immediately.
483+- 9 -
484+.229194.2