0001|                         A JOINT RESOLUTION
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0002| PROPOSING TO AMEND ARTICLE 10 OF THE CONSTITUTION OF NEW MEXICO BY
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0003| ADDING A NEW SECTION TO PROVIDE FOR RECALL OF ELECTED COUNTY
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0004| OFFICIALS.
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0005| 
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0006| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007|      Section 1.  It is proposed to amend Article 10 of the constitution of New Mexico by
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0008| adding a new section to read:
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0009|           "A.  An elected official of a county is subject to recall by the voters of the county. 
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0010| Subject to the provisions of Subsection B of this section, a petition for a recall election shall cite
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0011| grounds of malfeasance or misfeasance in office or violation of the oath of office by the official
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0012| concerned.  The cited grounds shall be based upon acts or failures to act occurring during the
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0013| current term of the official sought to be recalled.  The recall petition shall be signed by
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0014| registered voters:
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0015|                (1)  of the county if the official sought to be recalled was elected at-large;
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0016| or
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0017|                (2)  of the district from which the official sought to be recalled was
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0018| elected; and
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0019|                (3)  not less in number than thirty-three and one-third percent of the
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0020| number of persons who voted in the election for the office in the last preceding general election
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0021| at which the office was voted upon. 
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0022|           B.  Prior to and as a condition of circulating a petition for recall pursuant to the
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0023| provisions of Subsection A of this section, the factual allegations supporting the grounds of
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0024| malfeasance or misfeasance in office or violation of the oath of office stated in the petition shall
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0025| be presented to the district court for the county in which the recall is proposed to be conducted. 
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0001| The petition shall not be circulated unless, after a hearing in which the proponents of the recall
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0002| effort and the official sought to be recalled are given an opportunity to present evidence, the
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0003| district court determines that probable cause exists for the grounds for recall.
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0004|           C.  After the requirements of Subsection B of this section are fulfilled, the
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0005| petition shall be circulated and filed with the county clerk for verification of the signatures, as to
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0006| both number and qualifications of the persons signing.  If the county clerk verifies that the
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0007| requisite number of signatures of registered voters appears on the petition, the question of recall
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0008| of the official shall be placed on the ballot for a special election to be called and held within
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0009| ninety days or the next occurring general election if that election is to be held within less than
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0010| ninety days.  If at the election a majority of the votes cast on the question of recall is in favor of
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0011| recall, the official who is the subject of recall is recalled from the office, and a vacancy exists. 
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0012| That vacancy shall be filled in the manner provided by law for filling vacancies for that office.
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0013|           D.  A recall election shall not be conducted after May 1 in a calendar year in
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0014| which an election is to be held for the office for which the recall is sought if the official sought
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0015| to be recalled is a candidate for reelection to the office.  No petition for recall of an elected
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0016| county official shall be submitted more than once during the term for which the official is
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0017| elected."
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0018|      Section 2.  The amendment proposed by this resolution shall be submitted to the
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0019|                                                               people for their approval or rejection at the next general election or at any special election
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0020|                                                               prior to that date which may be called for that purpose.                                                       
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0021|                                                               
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0022|                                                               
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