SENATE BILL 515
57th 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FOR THE ARCH HURLEY CONSERVANCY DISTRICT'S ELECTIONS; RESTORING ELECTION PROVISIONS FOR THE DISTRICT THAT WERE REPEALED BY THE LOCAL ELECTION ACT; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.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;
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, 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 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 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 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 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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