New Mexico 2025 Regular Session

New Mexico Senate Bill SB515 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 515
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
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35	35	OF
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37	37	NEW
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39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Pat Woods
48	48	AN ACT
49	49	RELATING TO CONSERVANCY DISTRICT ELECTIONS; REMOVING THE ARCH
50	50	HURLEY CONSERVANCY DISTRICT FROM THE LOCAL ELECTION ACT;
51	51	PROVIDING TIMING AND OTHER PROCEDURES FOR THE ARCH HURLEY
52	52	CONSERVANCY DISTRICT'S ELECTIONS; RESTORING ELECTION PROVISIONS
53	53	FOR THE DISTRICT THAT WERE REPEALED BY THE LOCAL ELECTION ACT;
54	54	AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
55	55	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
56	56	SECTION 1. Section 1-22-2 NMSA 1978 (being Laws 2019,
57	57	Chapter 212, Section 141) is amended to read:
58	58	"1-22-2. DEFINITIONS.--As used in the Local Election Act:
59	59	A. "local election" means a local government
60	60	election;
61	61	B. "local governing body" means a board, council or
62	62	commission, as appropriate for a given local government;
63	63	.230763.1 underscored material = new
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90	90	C. "local government" means a:
91	91	(1) political subdivision of the state with
92	92	authority to levy taxes pursuant to Article 8, Section 9 of the
93	93	constitution of New Mexico and its enabling legislation, but
94	94	does not include a county or a conservancy district subject to
95	95	the provisions of Sections 73-18-25 through 73-18-43 NMSA 1978 ;
96	96	and
97	97	(2) political subdivision of the state without
98	98	authority to levy taxes pursuant to Article 8, Section 9 of the
99	99	constitution of New Mexico or its enabling legislation, but
100	100	whose statutory provisions provide for election of officers or
101	101	ballot questions to be decided pursuant to the Local Election
102	102	Act;
103	103	D. "municipal officers" means the local governing
104	104	body and any elective executive and judicial officers of a
105	105	municipality;
106	106	E. "regular local election" means the biennial
107	107	local election at which local governing body members are
108	108	elected pursuant to the provisions of the Local Election Act;
109	109	and
110	110	F. "special local election" means a local election
111	111	conducted at a time other than a statewide election at which
112	112	only ballot questions are considered pursuant to the provisions
113	113	of the Special Election Act."
114	114	SECTION 2. Section 73-18-27 NMSA 1978 (being Laws 1955,
115	115	.230763.1
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143	143	Chapter 281, Section 3, as amended) is amended to read:
144	144	"73-18-27. ELECTIONS.--In each odd-numbered year after
145	145	1955, elections shall be called and conducted pursuant to the
146	146	[Local Election Act] provisions of Sections 73-18-25 through
147	147	73-18-43 NMSA 1978 for the election of directors to succeed any
148	148	directors whose terms expire in that year. Elections shall be
149	149	held on the second Tuesday of October of each odd-numbered
150	150	year. The election shall be called by the board of directors
151	151	by resolution that shall fix for each election precinct within
152	152	the district outside the municipality and designate the
153	153	necessary qualified electors of each election precinct to act
154	154	as judges of the election in each precinct. At the discretion
155	155	of the board of directors of the conservancy district, the
156	156	election may be held at any place within the district. Judges
157	157	of the election shall be paid an amount to be determined by the
158	158	board of directors for service. Expenses of the elections
159	159	shall be paid by the district. "
160	160	SECTION 3. Section 73-18-28 NMSA 1978 (being Laws 1955,
161	161	Chapter 281, Section 4, as amended) is amended to read:
162	162	"73-18-28. DIRECTOR-AT-LARGE AND MUNICIPAL DIRECTOR
163	163	[QUALIFIED ELECTOR LIST ].--
164	164	A. The director to represent the municipality and
165	165	the director-at-large for the period from October 1955 to
166	166	October 1957 shall be selected at the September 1955 meeting by
167	167	the board of directors of the conservancy district as it exists
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196	196	prior to the election. The members shall be elected from the
197	197	membership of the previously existing board if there are
198	198	qualified members of the board willing to serve for the
199	199	additional two years. If there are no members of the existing
200	200	board willing to serve for the additional period of two years
201	201	or if there is only one, the existing board may select one or
202	202	both of the directors from qualified electors of the district
203	203	for the position or positions.
204	204	B. In the election to be held in October 1957, a
205	205	director to represent the municipal voting precinct shall be
206	206	elected from the qualified electors of the municipality, and a
207	207	director-at-large shall be elected from the qualified electors
208	208	of the district.
209	209	C. Every resident, otherwise qualified, owning real
210	210	estate of any character within the district shall have one vote
211	211	for director-at-large. Each elector resident of the municipal
212	212	voting precinct shall have one vote for municipal director.
213	213	The right of a voter to vote for municipal director shall not
214	214	be affected by the elector voting in any other election
215	215	precinct in which the elector may own class "A" land.
216	216	[D. The conservancy district shall compile and
217	217	deliver a qualified elector list to the appropriate county
218	218	clerk no later than one hundred eighty days before an election,
219	219	and update the list every thirty days until ninety days before
220	220	the election, which list the county clerk shall use for that
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249	249	election.]"
250	250	SECTION 4. Section 73-18-34 NMSA 1978 (being Laws 1955,
251	251	Chapter 281, Section 10, as amended) is amended to read:
252	252	"73-18-34. BECOMING A CANDIDATE FOR DIRECTOR.--Any person
253	253	wishing to become a candidate for the office of director in any
254	254	district shall by the last Friday of July before the election
255	255	file in the office of the secretary of the district a
256	256	declaration of candidacy [pursuant to the provisions of the
257	257	Local Election Act] stating the election precinct for which the
258	258	person is a candidate, accompanied by a petition signed by not
259	259	less than ten qualified electors of the election precinct for
260	260	which the person is a candidate to represent. No declaration
261	261	of candidacy shall be accepted by the secretary unless
262	262	accompanied by such petition, signed by electors."
263	263	SECTION 5. Section 73-18-41 NMSA 1978 (being Laws 1955,
264	264	Chapter 281, Section 17, as amended) is amended to read:
265	265	"73-18-41. APPLICATION OF [LOCAL ELECTION ACT ] GENERAL
266	266	ELECTION LAWS.--In any election held under Sections 73-18-25
267	267	through 73-18-43 NMSA 1978, the [Local Election Act ] general
268	268	election laws shall be applicable except as otherwise provided
269	269	in Sections 73-18-25 through 73-18-43 NMSA 1978 and except as
270	270	to the requirement for registration and residence in state,
271	271	county or precinct as a qualification of an elector in offering
272	272	to vote."
273	273	SECTION 6. A new Section 73-18-41.1 NMSA 1978 is enacted
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302	302	to read:
303	303	"73-18-41.1. [NEW MATERIAL ] NOTICE OF ELECTION.--The
304	304	board of directors of a conservancy district shall issue a
305	305	notice of election. Three copies of the notice shall be posted
306	306	in conspicuous places in each such election precinct for which
307	307	an election is to be held and shall be published in a newspaper
308	308	qualified to make legal publications in suits in the district
309	309	court. Such publications shall be made once and made not less
310	310	than five or more than fifteen days before the election. Such
311	311	notice as so published shall give the time of the election, the
312	312	places at which the election shall be held in the different
313	313	precincts, the names of the judges who have been designated to
314	314	hold the elections in each precinct and the names of all
315	315	candidates who have filed declarations of candidacy and shall
316	316	show the election precinct that each candidate desires to
317	317	represent."
318	318	SECTION 7. A new Section 73-18-41.2 NMSA 1978 is enacted
319	319	to read:
320	320	"73-18-41.2. [NEW MATERIAL ] FORMS AND RULES.--The board
321	321	of directors of the district shall by resolution adopt all
322	322	forms necessary to the operation of Sections 73-18-25 through
323	323	73-18-43 NMSA 1978 and shall make such reasonable rules to
324	324	govern the administration of its elections as the board may
325	325	deem proper. The forms and rules shall be adopted not less
326	326	than thirty days prior to an election and shall not be changed
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355	355	within thirty days preceding an election. The forms and rules
356	356	may be open to inspection by the public at the office of the
357	357	district. Copies of all rules and forms adopted and authorized
358	358	by the board of directors of the district shall be certified by
359	359	the secretary of the district, authenticated by the seal of the
360	360	district and filed in the office of the county clerk of the
361	361	county, immediately after such rules or forms are adopted."
362	362	SECTION 8. A new Section 73-18-41.3 NMSA 1978 is enacted
363	363	to read:
364	364	"73-18-41.3. [NEW MATERIAL ] SECRETARY AND DISTRICT BOARD
365	365	TO PUT INTO EFFECT CANVASS OF ELECTION RETURNS.--It shall be
366	366	the duty of the board of directors of the district to take all
367	367	actions necessary to implement the provisions of Sections
368	368	73-18-25 through 73-18-43 NMSA 1978. The board of directors
369	369	shall canvass the certified returns of election judges
370	370	immediately following the day of an election for directors,
371	371	declare the results thereof and issue certificates of election
372	372	to each director who has received the highest number of votes
373	373	cast for the office for which director was a candidate."
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