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SENATE BILL 515
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Pat Woods
AN ACT
RELATING TO CONSERVANCY DISTRICT ELECTIONS; REMOVING THE ARCH
HURLEY CONSERVANCY DISTRICT FROM THE LOCAL ELECTION ACT;
PROVIDING TIMING AND OTHER PROCEDURES FOR THE ARCH HURLEY
CONSERVANCY DISTRICT'S ELECTIONS; RESTORING ELECTION PROVISIONS
FOR THE DISTRICT THAT WERE REPEALED BY THE LOCAL ELECTION ACT;
AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.
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;
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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 subject to
the provisions of Sections 73-18-25 through 73-18-43 NMSA 1978 ;
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 73-18-27 NMSA 1978 (being Laws 1955,
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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
[Local Election Act] 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
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 3. 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
[QUALIFIED ELECTOR LIST ].--
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
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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 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.
[D. The conservancy district shall compile and
deliver a qualified elector list to the appropriate county
clerk no later than one hundred eighty days before an election,
and update the list every thirty days until ninety days before
the election, which list the county clerk shall use for that
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election.]"
SECTION 4. 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 [pursuant to the provisions of the
Local Election Act] 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 5. Section 73-18-41 NMSA 1978 (being Laws 1955,
Chapter 281, Section 17, as amended) is amended to read:
"73-18-41. APPLICATION OF [LOCAL ELECTION ACT ] GENERAL
ELECTION LAWS.--In any election held under Sections 73-18-25
through 73-18-43 NMSA 1978, the [Local Election Act ] 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 6. A new Section 73-18-41.1 NMSA 1978 is enacted
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to read:
"73-18-41.1. [NEW MATERIAL ] NOTICE OF ELECTION.--The
board of directors of a conservancy district shall issue a
notice of election. Three copies of the notice shall be posted
in conspicuous places in each such election precinct for which
an election is to be held and shall be published in a newspaper
qualified to make legal publications in suits in the district
court. Such publications shall be made once and made not less
than five or more than fifteen days before the election. Such
notice as so published shall give the time of the election, the
places at which the election shall be held in the different
precincts, the names of the judges who have been designated to
hold the elections in each precinct and the names of all
candidates who have filed declarations of candidacy and shall
show the election precinct that each candidate desires to
represent."
SECTION 7. A new Section 73-18-41.2 NMSA 1978 is enacted
to read:
"73-18-41.2. [NEW MATERIAL ] FORMS AND RULES.--The board
of directors of the district shall by resolution adopt all
forms necessary to the operation of Sections 73-18-25 through
73-18-43 NMSA 1978 and shall make such reasonable rules to
govern the administration of its elections as the board may
deem proper. The forms and rules shall be adopted not less
than thirty days prior to an election and shall not be changed
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within thirty days preceding an election. The forms and rules
may be open to inspection by the public at the office of the
district. Copies of all rules and forms adopted and authorized
by the board of directors of the district shall be certified by
the secretary of the district, authenticated by the seal of the
district and filed in the office of the county clerk of the
county, immediately after such rules or forms are adopted."
SECTION 8. A new Section 73-18-41.3 NMSA 1978 is enacted
to read:
"73-18-41.3. [NEW MATERIAL ] SECRETARY AND DISTRICT BOARD
TO PUT INTO EFFECT CANVASS OF ELECTION RETURNS.--It shall be
the duty of the board of directors of the district to take all
actions necessary to implement the provisions of Sections
73-18-25 through 73-18-43 NMSA 1978. The board of directors
shall canvass the certified returns of election judges
immediately following the day of an election for directors,
declare the results thereof and issue certificates of election
to each director who has received the highest number of votes
cast for the office for which director was a candidate."
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