SENATE BILL 396
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO CONSERVANCY DISTRICTS; REQUIRING ELECTIONS WITHIN CERTAIN CONSERVANCY DISTRICTS TO BE CONDUCTED WITH THE GENERAL ELECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 73-14-20 NMSA 1978 (being Laws 1975, Chapter 262, Section 3, as amended) is amended to read:
"73-14-20. DEFINITIONS.--As used in Sections 73-14-18 through [73-14-32] 73-14-31.2 NMSA 1978:
A. "absent voter" means a qualified elector who has requested an absentee ballot [forty days] prior to an election;
B. "absentee-early voter" means a qualified elector who has voted early, prior to election day, on an electronic voting machine at [a designated absentee-early voter precinct] an alternate voting site;
C. "benefited area" means that area described by a property appraisal that receives a benefit as a result of the creation of a district for any of the purposes specified in Section 73-14-4 NMSA 1978;
D. "election director" means the [person whom the board of directors may request to provide election services by a contract approved by the secretary of state] county clerk of each county in which the district is located;
E. "election officer" means a person appointed by the [board of directors] election director to conduct the election in the absence of [an] the election director and who performs all election services required by statute;
F. "list compiler" means a contractor approved by the board of directors to compile and produce a qualified elector list for a conservancy district;
G. "qualified elector" means an individual who owns real property within the benefited area of the conservancy district and who has provided proof of an ownership interest to one of the sources specified in Subsection B of Section 73-14-20.1 NMSA 1978 within the required time period, or who resides on and owns legal or equitable title in tribal lands and who is over the age of majority;
H. "qualified [elector's] elector list" means the list compiled before each election that contains the individual names of all qualified electors; and
I. "residence" means a dwelling that lies partially or completely within the benefited area."
Section 2. Section 73-14-20.1 NMSA 1978 (being Laws 1990, Chapter 48, Section 1, as amended) is amended to read:
"73-14-20.1. QUALIFIED ELECTOR LIST.--
A. The board of directors of the conservancy district may contract for a list compiler before each election to compile and produce a qualified [elector's] elector list for the conservancy district. The list compiler shall deliver the completed list to the election director no later than forty-five days prior to a district election. An individual who purchases property ninety days prior to an election and whose name does not appear on the qualified [elector's] elector list shall not vote in that election. The individual may become certified to vote in a future election by filing [his] the deed of title with the appropriate county clerk at least ninety days before the next conservancy district election.
B. Names of qualified electors shall be obtained from the records of the county clerk of the appropriate county, the appropriate county assessor of the appropriate county, records of the conservancy district or from the census bureau and enrollment records provided by the pueblos. The county assessor of the appropriate county [the county clerk of the appropriate county] and the tribal representatives of the appropriate pueblos shall deliver to the election director all records regarding qualified electors of the benefited area no later than [the last day of each March] seventy-five days before a district election.
C. Updating the qualified [elector's] elector list shall consist of adding, for any new qualified elector who has purchased property in the district, the name, address and description of all property owned by the qualified elector in the benefited area and removing the name of any elector who is deceased or [is no longer a qualified elector because he] who no longer owns property within the benefited area.
D. Proof of ownership of land within the benefited area requires one of the following:
(1) a recorded deed or real estate contract indicating current ownership of land within the benefited area;
(2) an individual's name on county clerk records indicating a description of property the individual owns within the benefited area;
(3) an individual's name on a list compiled by the governing body of a pueblo within the benefited area indicating that the individual named is residing on and has legal or equitable title in the pueblo; or
(4) a current property tax bill indicating ownership of land within the benefited area.
E. The election officer or the election director shall distribute to each polling place a current qualified [elector's] elector list for the appropriate county. The election officer or the election director shall distribute the qualified [elector's] elector list to each polling place within a pueblo located within the benefited area. [A qualified elector may vote at any one polling place in the pueblo or county where he owns land.] An individual who seeks to cast [his] a vote but [finds his] whose name is not on the qualified [elector's] elector list shall not be allowed to vote in that election."
Section 3. Section 73-14-24 NMSA 1978 (being Laws 1975, Chapter 262, Section 7, as amended) is amended to read:
"73-14-24. TIME AND PROCEDURE FOR ELECTION.--
A. On the first Tuesday after the first Monday in [January] June prior to the middle Rio Grande conservancy district election, an election proclamation shall be published that includes a list of the offices for which a candidate may file, the date and place at which declarations of candidacy shall be filed and the date of the election. The election proclamation shall be published once in a newspaper of general circulation in the counties in which the election shall be held.
B. The members of the boards of directors created pursuant to provisions of Sections 73-14-18 through [73-14-32] 73-14-31.2 NMSA 1978 shall be elected at an election [held] on the first Tuesday after the first Monday in [June in 2001 and] November in each [odd-numbered] even-numbered year [thereafter].
C. The elections for the members of the board of directors of the conservancy district shall be conducted, counted and canvassed as provided in Sections 73-14-18 through [73-14-32 and] 73-14-31.2, 73-14-84 through 73-14-86 NMSA 1978 and the Election Code. [The polls may be opened and closed in the same manner as provided for the general election under the Election Code.
D. If only one candidate has filed a declaration of candidacy for a position to be filled at an election, no declared write-in candidate has filed for a position and there are no questions or bond issues on the ballot, only one polling place for the election may be designated. The one polling place may be located in the office of the election director or in the office of the middle Rio Grande conservancy district.]"
Section 4. Section 73-14-27 NMSA 1978 (being Laws 1975, Chapter 262, Section 10, as amended) is amended to read:
"73-14-27. ELECTION LOCATION OF POLLING PLACES--NOTICE OF ELECTION [CREATION OF ABSENT VOTER PRECINCT].--
A. For every conservancy district election, [the board of directors shall provide for adequate polling places within the boundaries of the conservancy district. In addition, the board of directors shall provide a polling place at the main office of the conservancy district and may provide such other locations as it deems necessary. The board of directors may also create absentee-early voter and absent voter precincts] polling places shall be those used for precincts in the general election and that are within district boundaries.
B. Notice of the election shall be published three times in a newspaper of general circulation within each county of the district. Each notice shall state the time [place] and purpose of the election and that the election will be held in conjunction with the general election. Notice shall be published twenty, ten and five days before the election."
Section 5. Section 73-14-28.1 NMSA 1978 (being Laws 1996, Chapter 42, Section 12) is amended to read:
"73-14-28.1. ELECTION.--The [board of directors of the conservancy district] county clerk shall conduct the election pursuant to [Chapter 73, Article 14] Sections 73-14-18 through 73-14-31.2 NMSA 1978 and [other applicable election laws or shall select an election director as defined in Section 73-14-20 NMSA 1978 to provide election services. The election director shall operate pursuant to a contract approved by the secretary of state. The election may be conducted by emergency paper ballot, electronic voting machine or any other state-certified tabulating voting machine] the Election Code."
Section 6. Section 73-14-29 NMSA 1978 (being Laws 1975, Chapter 262, Section 12, as amended) is amended to read:
"73-14-29. FORM OF BALLOT--ELECTION MATERIALS.--The election officer or [the] election director shall oversee the preparation and printing of the [ballots] election materials for a conservancy district election. [Ballots] Election materials shall be prepared and printed at the expense of the conservancy district. The election officer or the election director shall oversee the preparation of a separate ballot for each county within the conservancy district or the preparation of one ballot for use within the entire conservancy district. The [board of directors] election director shall approve the form of the [ballot. The ballot shall contain the numbered position or positions as the case may be to which directors are to be elected at the election, with the names of all candidates for each position listed under that designation] election materials."
Section 7. Section 73-14-30 NMSA 1978 (being Laws 1975, Chapter 262, Section 13) is amended to read:
"73-14-30. ELECTION EXPENSES.--The conservancy district board shall pay out of the district's treasury to the appropriate county those sums necessary to meet the actual expenses of district elections incurred by the county. The board may levy a tax or assessment sufficient to meet election expenses on all property that is subject to direct assessment or taxation within the district."
Section 8. TEMPORARY PROVISION.--For any conservancy district affected by the provisions of this act:
A. the terms of members of the board of directors that were elected in 2005 shall expire on December 31, 2008, and candidates for the positions held by those members shall stand for election on November 4, 2008 for terms beginning on January 1, 2009; and
B. the terms of members of the board of directors that were elected in 2007 shall expire on December 31, 2010, and candidates for the positions held by those members shall stand for election on November 2, 2010 for terms beginning on January 1, 2011.
Section 9. REPEAL.--Section 73-14-31.3 NMSA 1978 (being Laws 1999, Chapter 168, Section 8) is repealed.
Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is May 14, 2008.
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