SENATE BILL 961
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
James G. Taylor
AN ACT
RELATING TO ELECTIONS; REVISING PROCEDURES AND COST ALLOCATION FOR COUNTY ANNEXATION ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 4-33-1 NMSA 1978 (being Laws 1947, Chapter 196, Section 1) is amended to read:
"4-33-1. ANNEXATION BETWEEN COUNTIES--REASONS.--Whenever, because of the location and conditions of roads or the existence or nonexistence of transportation facilities, it [will be] is more convenient for the residents of any portion of a county to travel to the county seat of some other contiguous county and, because of such location and condition of roads or the existence or nonexistence of transportation facilities, it [will be] is more convenient and economical for [such] that other county to render governmental services to [such] that portion of [such] the other county, the portion of the county so affected may be annexed to [such] the other county in the [following] manner provided for in Chapter 4, Article 33 NMSA 1978."
Section 2. Section 4-33-2 NMSA 1978 (being Laws 1947, Chapter 196, Section 2) is amended to read:
"4-33-2. PETITION FOR ANNEXATION.--
A. A petition executed by at least fifty-one percent [(51%)] of the qualified electors residing within the portion of the county proposed to be annexed shall be filed with the board of county commissioners of the county in which [such] that portion is located. [Such] The petition shall set forth the facts showing the existence of the conditions described in Section [1 hereof] 4-33-1 NMSA 1978 and shall accurately set out the boundaries of the portion of the county proposed to be annexed.
B. A petition seeking the annexation of territory from one county into a new county or existing county shall:
(1) set forth the facts showing the existence of conditions described in Section 4-33-1 NMSA 1978;
(2) be signed by fifty-one percent of the qualified electors residing within the portion of the county proposed to be annexed;
(3) be accompanied by maps that show the external boundaries of the territory to be annexed; and
(4) be presented to the board of county commissioners of the county into which the territory is to be annexed.
C. The board of county commissioners of the county into which the territory is proposed to be annexed shall, by ordinance, express its consent or rejection to the annexation of such contiguous territory and shall allocate sufficient funds to pay for one-half of the costs of any election held pursuant to Chapter 4, Article 33 NMSA 1978."
Section 3. Section 4-33-3 NMSA 1978 (being Laws 1947, Chapter 196, Section 3, as amended) is amended to read:
"4-33-3. CONTEST--NOTICE OF ELECTION.--[Immediately upon the filing of such petition, it shall be the duty of the county commissioners with whom such petition is filed to]
A. If the board of county commissioners of the county into which the territory is to be annexed consents to the annexation, the petition shall be submitted to the board of county commissioners of the county from which the territory is proposed to be annexed. After confirming that the requirements of Section 4-33-2 NMSA 1978 have been satisfied, the board of county commissioners of the county from which the territory is proposed to be annexed shall cause a notice to be published in [some] a newspaper [or newspapers] of general circulation in each county affected. Within thirty [(30)] days after the publication of [such] the notice, [but not thereafter] any resident of either of the counties affected, on behalf of himself and all others similarly situated, may bring an action in the district court of the county in which [such] the area proposed to be annexed is located, against any one or more of the signers of the petition, alleging that the petition has not been executed by the requisite number of signers or that the [description of the] area to be annexed is not accurately described or that the conditions described in Section [1 (15-3305) hereof] 4-33-1 NMSA 1978 do not exist.
B. The judge, after hearing, shall make a determination as to whether the allegations of the petition are [well taken] correct. If [he shall determine] the judge determines that the allegations of the petition are [well taken, he] correct, the judge shall enter an order [and] for an election. If the [same be] order is not stayed, it shall be the duty of the board of county commissioners to call an election to be held within [30] thirty days within the county of the area proposed to be annexed and [shall] to cause a notice of election to be published two [(2)] times in a newspaper of general circulation in [said] the county, the last publication [thereof] date to be at least seven [(7)] days before the date set for the election. [Such] The notice shall specify the polling places, which [polling places shall] may not be [not] fewer in number than [there were] in [said] the county at the last general election. At [such] the election, all qualified electors who reside within [said] the county shall be entitled to vote [provided, however, that this Act shall not apply in any case where a petition has been filed with any board of county commissioners under Chapter 196 of New Mexico Session Laws of 1947 in accordance with the requirements of said Act of 1947, and where such a petition has been filed prior to the effective date of this Act, the election shall be held under the provisions of Chapter 196, New Mexico Session Laws of 1947]."
Section 4. Section 4-33-4 NMSA 1978 (being Laws 1947, Chapter 196, Section 4) is amended to read:
"4-33-4. ELECTION JUDGES--FORM OF BALLOT.--[At such election held hereunder, there shall be three election judges named by the county commissioners. Ballots shall be printed and furnished by the county commissioners, which ballots shall read as follows]
A. An election held pursuant to Chapter 4, Article 33 NMSA 1978 shall be conducted in accordance with the Election Code.
B. The cost of any election held pursuant to Chapter 4, Article 33 NMSA 1978 shall be borne by both counties equally.
C. Ballots shall be printed and furnished by the board of county commissioners of the county from which the territory is proposed to be annexed and ballots shall read as follows:
"Shall the area described in the petition filed with the county commissioners of _______________ county be annexed to ___________________ county?
For annexation __________
Against annexation __________."."
Section 5. Section 4-33-5 NMSA 1978 (being Laws 1947, Chapter 196, Section 5) is amended to read:
"4-33-5. COUNTING AND CANVASSING VOTES.--The ballots cast in an election held pursuant to Sections 4-33-3 and 4-33-4 NMSA 1978 shall be counted [by the election officials and the results thereof certified to the county commissioners. Within three days after the election held as herein provided, the county commissioners shall meet and canvass the vote cast and. If a majority of those voting shall have voted for the annexation, the area as described in the petition shall be annexed to the other county as provided in said petition] pursuant to the Election Code."
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