HOUSE BILL 358
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Dennis J. Roch
AN ACT
RELATING TO CONSERVANCY DISTRICTS; AMENDING REQUIREMENTS FOR CERTAIN CONSERVANCY DISTRICT ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 73-18-25 NMSA 1978 (being Laws 1955, Chapter 281, Section 1, as amended) is amended to read:
"73-18-25. CONSERVANCY DISTRICTS TO WHICH ACT APPLIES.--Sections 73-18-25 through 73-18-43 NMSA 1978 apply to conservancy districts organized under the laws of New Mexico having a contract with the United States under the reclamation laws of the United States, as provided under Chapter 73, Article 18 NMSA 1978, and [to those districts that have] having an area of land of all classes within the exterior boundaries of the district of more than one hundred thousand acres and less than one hundred [forty] forty-five thousand acres."
SECTION 2. Section 73-18-27 NMSA 1978 (being Laws 1955, Chapter 281, Section 3) is amended to read:
"73-18-27. CALLING OF FIRST ELECTION.--The board of directors of [said] the conservancy district shall meet at the office of the conservancy district at 10:00 [o'clock] a.m. on the second Tuesday of August [in the year] 1955 and shall call an election in the election precincts outside [of] the municipality [or municipalities] to be held on the second Tuesday in October [of the year] 1955. [Said] The election shall be called by [said] the board of directors by resolution [which resolution] that shall fix a voting place [or places] for each election precinct within [such] the district outside [of] the municipality [or municipalities] and designate the necessary qualified electors of each election precinct to act as judges of [such] the election in each [such] precinct. In the discretion of the board of directors of [such] the conservancy district, [all of such] the election may be held at any place [or places] within the district. [Women who are wives of electors shall be qualified to act as judges of elections.] Judges of the elections shall be paid [($5.00) per day] an amount to be determined by the board of directors for service. Expenses of [such] the elections shall be paid by the district. In each odd-numbered year after 1955, elections shall be called in the same manner and at the same times as [herein] provided in Sections 73-18-25 through 73-18-43 NMSA 1978 for the election of directors to succeed any directors whose terms expire in [such] that year."
SECTION 3. Section 73-18-30 NMSA 1978 (being Laws 1955, Chapter 281, Section 6, as amended) is amended to read:
"73-18-30. QUALIFICATIONS OF ELECTORS.--
[A. During the month of September preceding a district election, the secretary of the district shall mail to each owner of irrigable land within the district at the address of the landowner, as shown by the district records, a statement signed by the secretary or assistant secretary and authenticated by the seal of the district, showing the number of acres of irrigable land owned by the landowner in each voting precinct of the district. A separate statement shall be furnished of land in each election precinct. In the event of the failure of any landowner to receive the statement, the landowner may secure the statement by request at the district office, not later than noon on the Friday preceding the election.
B.] The board of directors of the conservancy district shall, by resolution, adopt a plan with necessary rules and regulations by which nonresident owners of [class "A" lands] land or other owners of [class "A" lands] land, who are unable to personally attend the election, may vote for directors [other than the municipal director and the director-at-large]."
SECTION 4. Section 73-18-32 NMSA 1978 (being Laws 1955, Chapter 281, Section 8, as amended) is amended to read:
"73-18-32. VOTING RIGHTS.--
A. In district precinct elections, landowners owning one acre of irrigable land five months preceding the election shall be entitled to one vote for each acre of irrigable land or major fraction [thereof] of an acre owned by the landowner up to one hundred sixty acres. Landowners owning less than one acre of irrigable land have no vote. A landowner may vote in all voting precincts in which [he] the landowner has irrigable land, entitling [him] the landowner to vote as provided in Sections 73-18-30 and 73-18-31 NMSA 1978.
B. For director-at-large, all persons who are over the age of eighteen and who have been the owners of real estate within the district for more than [one month] two months preceding the election shall be entitled to one vote.
C. All persons who are over the age of eighteen and who have been the owners of real estate within any municipality within the district for more than [one month] two months preceding the election shall be entitled to one vote for director representing the municipal election precinct.
D. To qualify voters to vote for directors-at-large and for director representing the municipal voting precinct, the ownership of real estate by the spouse shall be considered also ownership by the other spouse."
SECTION 5. Section 73-18-34 NMSA 1978 (being Laws 1955, Chapter 281, Section 10) 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 [such] district shall, [not less than twenty days] by the last Friday of July before the election, file in the office of the secretary of the [said] district a declaration of candidacy, stating the election precinct for which [such] the person is a candidate, accompanied by a petition signed by not less than ten qualified electors of the election precinct for which [such] the person is a candidate to represent. No declaration of candidacy shall be accepted by [said] the secretary unless accompanied by such petition, signed by electors [as above stated, provided that when the time shall have passed for the filing of such declaration as above stated, if there be any precinct in said district outside of the municipality for which no person has filed as a candidate for the office of director, the said secretary of the district shall accept a declaration of candidacy by any qualified elector for such election precinct without such accompanying petition. No such declaration of candidacy shall be accepted by said secretary less than one week before the election]."
SECTION 6. Section 73-18-36 NMSA 1978 (being Laws 1955, Chapter 281, Section 12) is amended to read:
"73-18-36. COMPENSATION OF DIRECTORS.--Each director shall receive compensation payable out of the funds of the district [to the amount of ($40.00) per month] in an amount to be determined by the board of directors of the district; provided that no director may receive an increase in compensation during the term for which that director was elected."
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