HOUSE BILL 338
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Paul C. Bandy
AN ACT
RELATING TO ELECTIONS; CHANGING CERTAIN SPECIAL DISTRICT AND POLITICAL SUBDIVISION ELECTION DATES TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER IN ODD-NUMBERED YEARS AND MAKING CORRESPONDING ADJUSTMENTS TO ELECTION PROCEDURES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 1-22-3 NMSA 1978 (being Laws 1985, Chapter 168, Section 5, as amended) is amended to read:
"1-22-3. SCHOOL DISTRICT ELECTIONS--QUALIFICATIONS OF CANDIDATES.--
A. A school district election shall be held in each school district to elect qualified persons to membership on a [local school] board. No person shall become a candidate for membership on a board unless [his] the person's record of voter registration shows that [he] the person is a qualified elector of the state, physically resides in the school district in which [he] the person is a candidate and physically resided in the district on the date of the [school] board's proclamation calling a regular school district election.
B. A regular school district election shall be held in each school district on the first Tuesday [in February] after the first Monday in November of each odd-numbered year.
C. A school district election held at any time other than the date for the regular school district election shall be a special school district election.
D. Except as otherwise provided in the School Election Law, school district elections shall be called, conducted and canvassed as provided in the Election Code."
SECTION 2. Section 1-22-4 NMSA 1978 (being Laws 1985, Chapter 168, Section 6, as amended) is amended to read:
"1-22-4. REGULAR ELECTION--PROCLAMATION--PUBLICATION.--
A. The board shall by resolution issue a public proclamation in Spanish and English calling a regular school district election within the school district on the date prescribed by the School Election Law. The proclamation shall be filed by the superintendent with the county clerk of record on the last Tuesday in [November of the even-numbered year] August immediately preceding the date of the election.
B. The proclamation shall specify:
(1) the date when the election will be held;
(2) the positions on the board to be filled;
(3) the date on which declarations of candidacy are to be filed;
(4) the date on which declarations of intent to be a write-in candidate are to be filed;
(5) the questions to be submitted to the voters;
(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the hours each polling place will be open; and
(8) the date and time of the closing of the registration books by the county clerk of record as required by law.
C. After filing the proclamation with the county clerk of record and not less than fifty days before the date of the election, the county clerk of record shall publish the proclamation at least once in a newspaper of general circulation within the school district. The publication of the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended."
SECTION 3. Section 4-48A-16 NMSA 1978 (being Laws 1978, Chapter 29, Section 16, as amended) is amended to read:
"4-48A-16. SPECIAL TAX IMPOSED FOR SPECIAL HOSPITAL DISTRICT.--
A. In each special hospital district, the board of trustees may adopt a resolution calling for an election, which shall be held on the first Tuesday after the first Monday in November in an odd-numbered year, for the purpose of authorizing the imposition of an ad valorem tax on all taxable property within the special hospital district. The revenue from such tax shall be used for current operations and maintenance of hospitals, including hospital facilities owned and operated by the special hospital district or [for] hospitals operated and maintained by the special hospital district pursuant to an agreement with a political subdivision as provided in Subsection B of Section 4-48A-11 NMSA 1978, and to pay the operational costs of the special hospital district.
B. In the case of a special hospital district located wholly within one county, if authorized by a majority of the qualified electors of the special hospital district voting on the question, the board of county commissioners of the county in which the special hospital district is located shall levy such tax at the same time and in the same manner as levies for ad valorem taxes for school districts are made and in the amount certified by the board of trustees as necessary to meet its approved annual budget, but in no event shall the tax levied exceed the rate limitation approved by the voters or the rate limitations provided in Subsection D of this section.
C. In the case of a special hospital district which is composed of all or a portion of two or more counties, if a majority of the qualified electors of each subdistrict voting on the question [authorize] authorizes a tax levy, the boards of county commissioners of the counties which agreed to form the special hospital district shall levy such tax in the manner provided in Subsection B of this section.
D. The tax authorized in this section shall not exceed four dollars twenty-five cents ($4.25), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon any tax imposed under this section, on each one thousand dollars ($1,000) of net taxable value as that term is defined in the Property Tax Code, of all taxable property of the county within the hospital district for a period of time greater than four years. An election upon the question of continuing the levy may be called by the board of trustees immediately prior to the expiration of the period of assessment previously approved by the qualified electors and shall be held on the first Tuesday after the first Monday in November in an odd-numbered year."
SECTION 4. Section 4-48A-17 NMSA 1978 (being Laws 1978, Chapter 29, Section 17, as amended) is amended to read:
"4-48A-17. ELECTION PROCEDURES.--
A. In all elections held pursuant to the provisions of the Special Hospital District Act, except as otherwise provided in that act, the board of trustees shall give notice of the election in a newspaper of general circulation in the special hospital district and, in the case of a special hospital district composed of all or portions of two or more counties, in the [subdistrict] subdistricts, at least once a week for three consecutive weeks, the last insertion to be not less than two weeks prior to the proposed election.
B. All elections of the special hospital district, unless otherwise provided in the Special Hospital District Act, shall be held on the first Tuesday after the first Monday in November in odd-numbered years and shall be called, conducted and canvassed in substantially the same manner as school district elections are called, conducted and canvassed. The board of trustees shall be the canvassing board for such elections.
C. The expenses of elections conducted by the special hospital district shall be budgeted for and paid from the operating funds of the special hospital district."
SECTION 5. Section 21-13-8 NMSA 1978 (being Laws 1963, Chapter 17, Section 7, as amended) is amended to read:
"21-13-8. COMMUNITY COLLEGE BOARD.--
A. Community college board members shall be over twenty-one years of age, qualified electors and residents of the community college district.
B. Community college board members shall be elected for staggered terms of six years beginning on April 1 succeeding their elections; provided that the terms of members elected after July 1, 2015 shall begin on January 1 succeeding their elections. Elections shall be held
[(1) in conjunction with regular school district elections on the first Tuesday of February in each odd-numbered year if the community college board and school board agree to hold their elections at the same time; or
(2) on the date otherwise prescribed by the Community College Act] on the first Tuesday after the first Monday in November in odd-numbered years.
C. All vacancies caused in any other manner than by the expiration of the term of office shall be filled by appointment by the remaining members. An individual appointed by the remaining members of the board to fill a vacancy in office shall serve until the next community college board election, at which time candidates shall file for and be elected to fill the vacant position to serve the remainder of the unexpired term.
D. A community college board shall select from its members a chair and secretary who shall serve in these offices until the next regular community college board election. After each community college board election, the members shall proceed to reorganize."
SECTION 6. Section 21-13-18.1 NMSA 1978 (being Laws 1993, Chapter 75, Section 3, as amended) is amended to read:
"21-13-18.1. REGULAR COMMUNITY COLLEGE ELECTION--RESOLUTION--PUBLICATION.--
A. The community college board shall issue a resolution in English and Spanish calling for a regular community college election within the community college district on the date prescribed by the Community College Act. The resolution shall be filed with each county clerk in the community college district on the [third Friday in December or, if the election is held in conjunction with a school district election, the] last Tuesday in [November] August of each [even-numbered] odd-numbered year.
B. The resolution shall specify:
(1) the date the election will be held;
(2) the positions on the board to be filled;
(3) the date on which declarations of candidacy are to be filed;
(4) the date on which declarations of intent to be a write-in candidate are to be filed;
(5) any questions to be submitted to the voters;
(6) the precincts in each county in which the election is to be held and the location of each polling place;
(7) the hours each polling place will be open; and
(8) the date and time of the closing of the registration books by the county clerks as required by law.
C. In the event that only one candidate files a declaration of candidacy for each position to be filled at an election and no declared write-in candidates have filed for any position in which there is any other candidate and there are no questions or bond issues on the ballot, only one polling place for the election shall be designated and it shall be in the office of the county clerk of the county in which the community college is located.
D. In any election held under the Community College Act, the county clerk shall perform the duties of the precinct board and no other precinct board shall be appointed."
SECTION 7. Section 21-16-5.1 NMSA 1978 (being Laws 1994, Chapter 83, Section 3, as amended) is amended to read:
"21-16-5.1. BOARD MEMBERS--ELECTED FROM DISTRICTS--ELECTIONS.--
A. A district board shall be composed of five or seven members elected for four-year terms who shall reside in and be elected from single-member districts as provided in this section. Any board, the members of which have not been elected from single-member districts, shall district and hold a special election to coincide with the school district elections of 2001. If the board is a seven-member board, board members shall be elected for all seven positions on the board, with the board members elected to positions 1, 3, 5 and 7 to be elected for initial terms of two years and the board members elected to positions 2, 4 and 6 to be elected for initial terms of four years. If the board is a five-member board, board members elected to positions 1, 3 and 5 shall be elected for initial terms of two years and board members elected to positions 2 and 4 shall be elected for initial terms of four years. After the initial election for a district board, each board member shall be elected for a term of four years. Elections held after July 1, 2015 shall be held on the first Tuesday after the first Monday in November in odd-numbered years.
B. Except where specific provision is otherwise provided by law, all election proceedings for technical and vocational institute district elections shall be conducted pursuant to the provisions of the School Election Law with the president of the institute serving in the place of the superintendent of schools in every case.
C. Once following each federal decennial census, the board shall redistrict the technical and vocational institute district into election districts to ensure that the districts remain as equal in population as is practicable. The new districts shall go into effect at the first regular board election thereafter. Candidates for the new single-member districts that are scheduled to be voted on at the election shall reside in and be elected from the appropriate new single-member district. Incumbent board members whose districts before redistricting were not scheduled to be voted on at the election need not reside in the new single-member districts corresponding to their position numbers and may serve out their terms. At the second regular board election held after the redistricting, all candidates for the new single-member districts that are scheduled to be voted on shall reside in and be elected from the appropriate single-member district.
D. All election districts covered by this section shall be contiguous, compact and as equal in population as is practicable.
E. A vacancy occurring on the board shall be filled in the same manner as provided for school board vacancies in Section 22-5-9 NMSA 1978; provided, however, a vacancy that occurs in an election district where a nonresident board member had been serving shall be filled [with] by a resident of that district."
SECTION 8. Section 21-16-14 NMSA 1978 (being Laws 1963, Chapter 108, Section 11, as amended) is amended to read:
"21-16-14. ADDITION OF SCHOOL DISTRICTS OR PORTIONS OF SCHOOL DISTRICTS TO EXISTING TECHNICAL AND VOCATIONAL INSTITUTE DISTRICTS.--
A. A technical and vocational institute district may be expanded by either the procedure in Subsections B, C and D of this section or the procedure in Subsections E and F of this section.
B. The qualified voters of a school district, portion of a school district, group of school districts within a county containing a technical and vocational institute district or in an adjoining county, not included in the technical and vocational institute district as originally formed, may petition the public education department to be added to the technical and vocational institute district. The department shall examine the petition, and, if it finds that the petition is signed by a number of qualified voters residing within the pertinent school district or portion of a school district equal to ten percent of the votes cast for governor in such school district or portion of such school district in the last preceding general election, the department shall cause a survey to be made of the petitioning district or districts to determine the desirability of the proposed expansion of the technical and vocational institute district.
C. In conducting the survey, the public education department, in conjunction with the [commission on] higher education department, shall ascertain the attitude of the technical and vocational institute board and collect other information it deems necessary. If on the basis of the survey the public education department finds that the proposed addition of the petitioning area will promote an improved education service in the area, it shall approve the petition. The secretary of public education shall proceed to call an election within the petitioning area and in the established technical and vocational institute district on the question of the inclusion of the petitioning area in the institute district.
D. If a majority of the votes cast in the petitioning area and a majority of the votes cast within the established institute district are in favor of the addition of the area, the public education department shall notify the local school board of each affected school district and the technical and vocational institute board of the results of the election and shall declare the extension of the boundaries of the institute district to include the petitioning area in which the proposed addition referendum carried by a majority vote.
E. If a technical and vocational institute district includes less than all of a school district, the institute board, by resolution of a majority of the members of the board, may call an election within the institute district and in the portion of the school district that is not included in the institute district on the question of the addition of the excluded portion of the school district to the established institute district. Except where specific provision is otherwise provided by law, such election shall be conducted pursuant to the provisions of the School Election Law, with the president of the institute district serving in the place of the superintendent of schools in every case; provided that:
(1) the election [may] shall be held in conjunction with a regular school district election [or as a special election];
(2) if a precinct lies partly within and partly outside the institute district, the parts of the precinct within and outside the institute district shall constitute separate precincts for purposes of the election; and
(3) precincts may be consolidated for purposes of administrative convenience.
F. If a majority of the votes cast in the institute district and the portion of the school district that is outside the institute district are in favor of the addition of the excluded portion of the school district to the institute district, the board of the institute district shall declare the institute district to be expanded to include all of such school district.
G. Each area added to an existing technical and vocational institute district shall automatically be subject to any special levy on taxable property approved for the institute district for the maintenance of facilities and services and for support of bond issues."
SECTION 9. Section 21-16-20 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 12, Section 5) is amended to read:
"21-16-20. SUBMISSION AT ELECTION--NOTICE--CERTIFICATION.--If [the] a question is submitted pursuant to Section 21-16-16 NMSA 1978 at [a general] an election, the submitting board shall publish notice [thereof] of the election in the manner required for [general] regular school district elections, except that [such] the notice need not include the names of any election officials or the places where [such] the election is to be held in each precinct and voting division and no posting shall be required. The submitting board shall, not less than thirty days before the election, furnish to the county clerk of each county in which [each] an affected school district is situate a certificate specifying the question to be submitted and the precincts and voting divisions included in the school district or districts or in the technical and vocational institute district. The county clerk [of each such county] shall include [such] the question on the ballots and voting machines in the proper voting divisions. The election officials in [such] those voting divisions shall execute separate certificates certifying the results of the voting on [such] the question, and, upon receipt [thereof] of the certificates, each county clerk shall deliver [the same] them to the president of the submitting board or [his] the president's designated representative."
SECTION 10. Section 21-16-22 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 12, Section 7) is amended to read:
"21-16-22. CANVASS OF VOTE.--Upon delivery of the certificates of results by the county clerk in case the question is submitted at [a general] an election [or upon receipt of the returns in case it is submitted at a special election called for that purpose], the vote at an election held pursuant to Section 21-16-16 NMSA 1978 shall be canvassed in the manner provided by law for canvassing elections of members of [municipal] local school boards [of education]."
SECTION 11. Section 21-16A-6 NMSA 1978 (being Laws 2000, Chapter 105, Section 6) is amended to read:
"21-16A-6. LEARNING CENTER TAX LEVY AUTHORIZED--ELECTION.--
A. A board may adopt a resolution authorizing, for learning center operational purposes, the imposition of a property tax upon the taxable value of property in the district. The total tax imposition that may be authorized under the Learning Center Act shall not exceed a rate of five dollars ($5.00) on each one thousand dollars ($1,000) of taxable value of property in each district. [A] The tax authorized pursuant to this section may not be imposed for a period of more than six years.
B. The tax authorized in Subsection A of this section shall not be imposed in a district unless the question of authorizing the imposition of the tax is submitted to the voters of the district at a regular school district election [or a special election called for that purpose].
C. A resolution adopted pursuant to Subsection A of this section shall specify:
(1) the rate of the proposed tax;
(2) the date of the election at which the question of imposition of the tax will be submitted to the voters of the district;
(3) the period of time the tax is authorized to be imposed; and
(4) the proposed use of the revenues from the proposed tax.
D. The election required by this section shall be called, conducted and canvassed as provided in the School Election Law.
E. If a majority of the voters voting on the question votes for a learning center tax levy pursuant to a resolution adopted under the Learning Center Act, the tax shall be imposed. The tax rate shall be certified by the department of finance and administration and imposed, administered and collected in accordance with the provisions of the Oil and Gas Ad Valorem Production Tax Act, the Oil and Gas Production Equipment Ad Valorem Tax Act, the Copper Production Ad Valorem Tax Act and the Property Tax Code.
F. If a majority of the voters voting on the question votes against a learning center tax levy pursuant to a resolution adopted under the Learning Center Act, the tax shall not be imposed. The board shall not again adopt a resolution authorizing the imposition of a tax levy pursuant to the Learning Center Act for at least two years after the date of the resolution that the voters rejected.
G. The board may discontinue by resolution the imposition of any tax authorized pursuant to the Learning Center Act. The discontinuance resolution shall be mailed to the department of finance and administration no later than June 15 of the year in which a tax rate pursuant to that act is not to be certified."
SECTION 12. Section 22-18-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 229, as amended) is amended to read:
"22-18-2. BOND ELECTIONS--QUALIFICATION OF VOTERS--CALLING FOR BOND ELECTIONS.--
A. Before any general obligation bonds are issued, a local school board of a school district shall submit to a vote of the qualified electors of the school district owning real estate in the school district the question of creating a debt by issuing the bonds, and a majority of those persons voting on the question shall vote for issuing the general obligation bonds.
B. The election on the question of creating a debt by issuing general obligation bonds shall be held at the same time as a regular school district election [or at any special school district election which is not within ninety days after a regular school district election]. The question shall be submitted to a vote at a [general or special] regular school district election upon the initiative of a local school board or upon a petition being filed with a local school board signed by qualified electors of the school district having paid a property tax on property in the school district for the preceding year, according to the latest completed tax rolls. The number of signatures required on the petition shall be at least ten percent of the number of votes cast for governor in the school district in the last preceding general election. For the purpose of determining the number of votes cast for governor in the school district at the last preceding general election, any portion of a voting division within the school district shall be construed to be wholly within the school district. A local school board shall call for a bond election at [a] the next regular [or special] school district election [within ninety days from] following the date a properly signed petition is filed with it."
SECTION 13. Section 22-25-5 NMSA 1978 (being Laws 1975 (S.S.), Chapter 5, Section 5, as amended) is amended to read:
"22-25-5. CONDUCT OF ELECTION--NOTICE--BALLOT.--
A. An election on the question of imposing a tax under the Public School Capital Improvements Act may be held in conjunction with a regular school district election [or may be conducted as or held in conjunction with a special school district election, but the election shall be held prior to July 1 of the property tax year in which the tax is proposed to be imposed]. Conduct of the election shall be as prescribed in the School Election Law for regular [and special] school district elections.
B. The proclamation required to be published as notice of the election under Section 1-22-4 or 1-22-5 NMSA 1978 shall include as the question to be submitted to the voters whether a property tax at a rate not to exceed the rate specified in the authorizing resolution should be imposed for the specified number of property tax years not exceeding six years upon the net taxable value of all property allocated to the school district for the capital improvements specified in the authorizing resolution.
C. The ballot shall include the information specified in Subsection B of this section and shall present the voter the choice of voting "for the public school capital improvements tax" or "against the public school capital improvements tax"."
SECTION 14. Section 22-26-5 NMSA 1978 (being Laws 1983, Chapter 163, Section 5, as amended) is amended to read:
"22-26-5. CONDUCT OF ELECTION--NOTICE--BALLOT.--
A. An election on the question of imposing a tax under the Public School Buildings Act may be held in conjunction with a regular school district election [or may be conducted as or held in conjunction with a special school district election, but the election shall be held prior to July 1 of the property tax year in which the tax is proposed to be imposed]. Conduct of the election shall be as prescribed in the School Election Law for regular [and special] school district elections.
B. The resolution required to be published as notice of the election under Section 1-22-4 or 1-22-5 NMSA 1978 shall include as the question to be submitted to the voters whether a property tax at a rate not to exceed the rate specified in the authorizing resolution should be imposed for the specified number of property tax years not exceeding six years upon the net taxable value of all property allocated to the school district for capital improvements.
C. The ballot shall include the information specified in Subsection B of this section and shall present the voter the choice of voting "for the public school buildings tax" or "against the public school buildings tax"."
SECTION 15. Section 22-26A-10 NMSA 1978 (being Laws 2007, Chapter 173, Section 10, as amended) is amended to read:
"22-26A-10. CONDUCT OF ELECTION--NOTICE--BALLOT.--
A. An election on the question of imposing a tax under Sections 22-26A-8 through 22-26A-12 NMSA 1978 may be held in conjunction with a regular school district election [or may be conducted as or held in conjunction with a special school district election, but the election shall be held prior to July 1 of the property tax year in which the tax is proposed to be imposed]. Conduct of the election shall be as prescribed in the School Election Law for regular [and special] school district elections.
B. The resolution required to be published as notice of the election under Section 1-22-4 or 1-22-5 NMSA 1978 shall include as the question to be submitted to the voters whether a property tax at a rate not to exceed the rate specified in the authorizing resolution should be imposed for the specified number of property tax years not exceeding thirty years upon the net taxable value of all property allocated to the school district for payments due under lease purchase arrangements.
C. The ballot shall include the information specified in Subsection B of this section and shall present the voter the choice of voting "for the lease purchase tax" or "against the lease purchase tax"."
SECTION 16. Section 72-16-8 NMSA 1978 (being Laws 1963, Chapter 311, Section 8) is amended to read:
"72-16-8. BOARD OF DIRECTORS.--The governing body of the authority [hereby created] is a board of directors consisting of five qualified electors of the authority. All powers, rights, privileges and duties vested in or imposed upon the authority are exercised and performed by and through the board of directors; provided that the exercise of any [and all] executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the authority. Except for the first directors appointed as [hereinafter] provided for in Section 72-16-9 NMSA 1978, and except for any director chosen to fill an unexpired term, the term of each director commences on the first day of January [next] following [a general] election [in the state] and runs for six years. Each director, subject to [said] such exceptions, shall serve [such] a six-year term ending on the first day of January [next] following [a general] election, and each director shall serve until [his] a successor has been duly chosen and qualified."
SECTION 17. Section 72-16-10 NMSA 1978 (being Laws 1963, Chapter 311, Section 10, as amended) is amended to read:
"72-16-10. ELECTION OF DIRECTORS.--
A. [At each general election] On the first Tuesday after the first Monday in November of each odd-numbered year, directors shall be elected from single-member districts in which they reside. The board shall ensure that the districts remain contiguous, compact and as equal in population as is practicable, assessing the existing districts following each federal decennial census to accomplish that objective. A redistricting shall be effective at the following regular board election. Incumbent board members whose residences are redistricted out of their districts may serve out their term of office.
B. The qualified electors of the authority shall elect similarly one or two qualified electors as directors to serve six-year terms as directors and as successors to the directors whose terms end on the first day of January [next] following each election. Nothing [herein] may be construed as preventing [a] qualified [elector] electors of the authority from [any] single-member [district] districts from being elected or reelected as [a director] directors to succeed [himself] themselves."
SECTION 18. Section 72-16-11 NMSA 1978 (being Laws 1963, Chapter 311, Section 11, as amended) is amended to read:
"72-16-11. NOMINATION OF DIRECTORS.--Not later than forty-five days before a proposal to incur debt is first submitted to the taxpaying electors or at the first general election [next] following the effective date of the Arroyo Flood Control Act, whichever occurs first, written nominations of any candidate as director may be filed with the secretary of the board. Each nomination of any candidate shall be signed by not less than fifty taxpaying electors who reside within the district for which the candidate has been nominated, shall designate [therein] the name of the [candidates thereby] candidate nominated and shall recite that the subscribers are taxpaying electors of the district for which the candidate is nominated and that the candidate [or candidates] designated [therein are] is a qualified [electors] elector of the authority and [reside] resides within the district for which [they are] the candidate is nominated. No taxpaying elector may nominate more than one candidate for any vacancy. If a candidate does not withdraw [his] the candidate's name before the time established by the county for purposes of absentee ballots or as set forth in the Election Code, whichever is earlier, [his] the candidate's name shall be placed on the ballot. For any election held after November 6, 1984, nominations shall be made by qualified electors in accordance with the procedures and limitations of this section, except that [such] the nominations shall be filed with the secretary of the board not later than the fourth Tuesday in June preceding the [general] election."
SECTION 19. Section 72-16-28 NMSA 1978 (being Laws 1963, Chapter 311, Section 28, as amended) is amended to read:
"72-16-28. ELECTIONS.--Each biennial election of directors, each election proposition to issue bonds and all other elections shall be conducted [at the time of the general election] on the first Tuesday after the first Monday in November of an odd-numbered year under the direction of the Bernalillo county clerk and in accordance with the election laws of New Mexico."
SECTION 20. Section 72-16-34 NMSA 1978 (being Laws 1963, Chapter 311, Section 34, as amended) is amended to read:
"72-16-34. ELECTION RETURNS.--In those polling places where the county precincts coincide with the boundaries of the authority, the regular [general election] precinct board shall certify the results of the authority election to the county canvassing board. The county canvassing board shall certify directly to the secretary of the authority that portion of the returns pertaining to the authority election. In those polling places where the precincts are partly within and partly without the authority's district, the authority shall appoint a separate authority precinct board at the authority's expense, which shall be provided space in the polling places where the general election is being conducted. Paper ballots shall be used in the conduct of the election, and the authority precinct board shall conduct the election as provided in the Election Code where paper ballots are used. The separate authority precinct board shall certify the results of the election in that precinct to the secretary of the authority within twelve hours after the close of the polls. The secretary of the authority shall canvass the results of the authority election as certified by the county canvassing board and as certified by each of the separate authority precinct boards and shall declare the results of the election at any regular or special meeting held not less than five days following the date of the election. Except as [herein] otherwise provided, any proposal submitted at any election [hereunder] held pursuant to the Arroyo Flood Control Act shall not carry unless the proposal has been approved by a majority of the qualified electors of the district voting [thereon] on the proposal."
SECTION 21. Section 72-17-8 NMSA 1978 (being Laws 1967, Chapter 156, Section 8) is amended to read:
"72-17-8. BOARD OF DIRECTORS.--The governing body of the authority hereby created is a board of directors consisting of five qualified electors of the authority. All powers, rights, privileges and duties vested in or imposed upon the authority are exercised and performed by and through the board of directors; provided that the exercise of any [and all] executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the authority. Except for the first directors appointed as [hereinafter] provided and except for any director chosen to fill an unexpired term, the term of each director commences on the first day of January next following [a general] the director's election [in the state] and runs for six years. Each director, subject to [said] such exceptions, shall serve such a six-year term ending on the first day of January next following [a general] the director's election and each director shall serve until [his] a successor has been duly chosen and qualified."
SECTION 22. Section 72-17-10 NMSA 1978 (being Laws 1967, Chapter 156, Section 10) is amended to read:
"72-17-10. ELECTION OF DIRECTORS.--At the time that a proposal to incur debt [shall be] is first submitted to the taxpaying electors or at the first general election next following the effective date of the Las Cruces Arroyo Flood Control Act, whichever occurs first, the qualified electors of the authority shall elect five qualified directors, two to serve a term ending January 1, 1969, two to serve a term ending January 1, 1971 and one to serve a term ending January 1, 1973. At the first election, the five candidates receiving the highest number of votes shall be elected as directors. The terms of the directors shall be determined by lot at their organizational meeting. At each [general] election thereafter, the qualified electors of the authority shall elect similarly one or two qualified electors as directors to serve six-year terms as directors and as successors to the directors whose terms end on the first day of January next following each [such] election. After January 1, 2016, elections shall be held on the first Tuesday after the first Monday in November of each odd-numbered year. Nothing [herein] in this section may be construed as preventing [a] qualified [elector] electors of the authority from being elected or reelected as [a director] directors to succeed [himself] themselves. If there [be] is only one vacancy on the board, the candidate receiving the highest number of votes shall be elected as director. If there [be] are two vacancies on the board, the candidate receiving the highest number of votes and the candidate receiving the next highest number of votes shall be elected as directors."
SECTION 23. Section 72-17-28 NMSA 1978 (being Laws 1967, Chapter 156, Section 28) is amended to read:
"72-17-28. ELECTIONS.--Wherever in [this] the Las Cruces Arroyo Flood Control Act an election of the qualified electors or taxpaying electors of the authority is permitted or required, [said] the election [may be held separately at a special election or may be held concurrently with any primary or general election held under the laws of the state; provided, however:
A. each biennial election of directors shall be held concurrently with the general election in the state;
B. no election shall be held at the same time as any regular election of a municipality or school district, any part of the area of which is located within the boundaries of the authority] shall be held on the first Tuesday after the first Monday in November of an odd-numbered year."
SECTION 24. Section 72-17-29 NMSA 1978 (being Laws 1967, Chapter 156, Section 29) is amended to read:
"72-17-29. ELECTION RESOLUTION.--The board shall call any election by resolution adopted at least sixty days prior to the election. Such resolution shall recite the objects and purposes of the election, the date upon which such election shall be held and the form of the ballot. [In the case of any election not to be held concurrently with a primary or general election, the board shall provide in said election resolution or by supplemental resolution for the appointment of sufficient judges and clerks of the election, who shall be qualified electors of the authority, and in such event shall set their compensation. The election resolution shall also then designate the precints and polling places. The description of precincts may be made by reference to any order of the governing body of any county, municipality or other public body in which the authority or any part thereof is situated or by reference to any previous order or by other instrument of such a governing body or by detailed description of such precincts or by other sufficient description. Precincts established by any such governing body may be consolidated in the election resolution by the board for any election not to be held concurrently with a primary or general election. If] The election shall be held [concurrently with a primary or general election held under the laws of the state, the judges of election for such primary or general election shall be designated as the judges of election for the election held pursuant to this act, and they shall receive such additional compensation, if any, as the board shall set by the election resolution] on the first Tuesday after the first Monday in an odd-numbered year."
SECTION 25. Section 72-17-32 NMSA 1978 (being Laws 1967, Chapter 156, Section 32) is amended to read:
"72-17-32. POLLING PLACES.--All polling places designated by the election resolution shall be within the area included within the authority [and if the election shall not be held concurrently with a primary or general election held under the laws of the state, there shall be one polling place in each of the election precincts which are used in the primary and general elections or in each of the consolidated election precincts fixed by the board]."
SECTION 26. Section 72-17-34 NMSA 1978 (being Laws 1967, Chapter 156, Section 34) is amended to read:
"72-17-34. ELECTION RETURNS.--In the case of any election held [hereunder which is not held concurrently with a primary or general election, the election officials shall make their returns directly to the secretary of the authority for the board. In the case of any election held hereunder which] pursuant to the Las Cruces Flood Control Act that is consolidated with any [primary or general] other election, the returns thereof shall be made and canvassed at the time and in the manner provided by law for the canvass of the returns of [such primary or general] that election. It [shall be] is the duty of [such] the canvassing body to certify promptly and to transmit to the secretary of the authority for the board a statement of the result of the vote upon any candidates or any proposition submitted [hereunder] pursuant to that act. Upon receipt of election returns from election officials or upon receipt of such certificate from any such canvassing body, it [shall be] is the duty of the board to tabulate and declare the results of the election held [hereunder] pursuant to that act at any regular or special meeting held not earlier than five days following the date of the election. Except as [herein] otherwise provided in this section, any proposal submitted at any election [hereunder] pursuant to that act shall not have carried unless the proposal [shall have] has been approved by a majority of the qualified electors [of] or the taxpaying electors of the district voting thereon, as the case may be."
SECTION 27. Section 72-18-14 NMSA 1978 (being Laws 1981, Chapter 377, Section 14) is amended to read:
"72-18-14. ELECTION OF DIRECTORS--NOMINATIONS.--
A. Flood control district elections shall be held on the first Tuesday after the first Monday of November of each odd-numbered year. At each [general] election [in the state] after organization of the district, there shall be elected by the qualified registered electors of the district one or two members of the board to serve for a term of six years. Except for the initial board of directors and except for any director chosen to fill an unexpired term, the term of each director commences on January 1 following the [general] election [in the state] and runs for six years. Each director, subject to such exceptions, shall serve a six-year term ending on January 1 next following [a general] election. Each director shall serve until [his] a successor has been duly chosen and qualified.
B. Not later than thirty days before any election, nominations may be filed with the secretary, and, if a nominee does not withdraw [his] the nominee's name before the first publication of the notice of election, [his] the nominee's name shall be placed on the ballot."
SECTION 28. Section 72-18-15 NMSA 1978 (being Laws 1981, Chapter 377, Section 15) is amended to read:
"72-18-15. VACANCIES ON THE BOARD.--Any vacancy on the board shall be filled by appointment by a majority of the remaining members of the board. The appointee shall serve until the next [general] election when the vacancy shall be filled by election. If the board fails to fill any vacancy within thirty days after it occurs, the court declaring the organization of the district shall fill the vacancy."
SECTION 29. Section 72-18-35 NMSA 1978 (being Laws 1981, Chapter 377, Section 35) is amended to read:
"72-18-35. ELECTION.--Wherever in the Flood Control District Act an election of the qualified registered electors of a district is permitted or required, the election [may be held separately at a special election or may be held concurrently with any primary or general election held under the laws of the state; provided, however:
A. each biennial election of directors shall be held concurrently with the general election in the state; and
B. no election shall be held at the same time as any regular election of a municipality or school district any part of the area of which is located within the boundaries of the district] shall be held on the first Tuesday after the first Monday of an odd-numbered year."
SECTION 30. Section 72-18-35.1 NMSA 1978 (being Laws 1985, Chapter 177, Section 2) is amended to read:
"72-18-35.1. ELECTION OF DIRECTORS--ESTABLISHED DISTRICT.--
A. In a district established pursuant to the Flood Control District Act whose boundaries are coterminous with the voting precincts of the county, the election of directors shall be conducted by the county clerk in the same manner [and at the same time] as the general election in the state and the same election officials shall preside. The returns of the election shall be filed with the county clerk, who shall submit them to the board of the district for the purposes of canvassing the election of the district. The nominees for offices of directors shall be determined in accordance with the resolution of the board calling for the election, which shall provide that nominees shall file for the office of director in the same manner and form as for municipal offices, and a list of the nominees shall be provided to the county clerk [not later than three days following the primary election]. All costs for materials and supplies incurred by the county clerk on behalf of the district shall be paid by the district to the clerk's office.
B. The district may provide for the cost of one additional clerk of election to assist the county clerk specifically in the conduct of the district election."
SECTION 31. Section 72-18-36 NMSA 1978 (being Laws 1981, Chapter 377, Section 36) is amended to read:
"72-18-36. ELECTION RESOLUTION.--The board shall call any election by resolution adopted at least sixty days before the election. The resolution shall recite the objects and purposes of the election, the date on which the election shall be held and the form of the ballot. [In the case of any election not held concurrently with a primary or general election, the board shall provide in the election resolution or by supplemental resolution for the appointment of sufficient judges and clerks of the election who shall be qualified registered electors of the district and shall set their compensation. In a special election, the election resolution shall also designate the precincts and polling places. The description of precincts may be made by reference to any order of the governing body of any county, municipality or other public body in which the district or any part thereof is situated, by reference to any previous order or by other instrument of such governing body, by detailed description of the precincts or by other sufficient description. Precincts established by a governing body may be consolidated in the election resolution by the board for any election not to be held concurrently with a primary or general election. If the election is held concurrently with a primary or general election under the laws of the state, the judges of election for the election shall be designated as the judges of election held pursuant to the Flood Control District Act, and they shall receive such additional compensation, if any, as the board shall set by the election resolution.] All elections shall be held on the first Tuesday after the first Monday in November of an odd-numbered year."
SECTION 32. Section 72-18-41 NMSA 1978 (being Laws 1981, Chapter 377, Section 41) is amended to read:
"72-18-41. ELECTION RETURNS.--In the case of an election held under the Flood Control District Act [which] that is [not held concurrently with a primary or general election, the election officials shall make their returns directly to the secretary. In the case of any election held under that act which is] consolidated with any [primary or general] other election, the returns shall be made and canvassed at the time and in the manner provided by law for the canvass of the returns of [the general] that election. It shall be the duty of the canvassing body to certify promptly and to transmit to the secretary a statement of the result of the vote upon any candidates or any proposition submitted under that act. Upon receipt of election returns from election officials or upon receipt of the certificate of election from the canvassing body, it shall be the duty of the board to tabulate and declare the results of the election at any regular or special meeting held not later than ten days following the date of the election. Any proposal submitted at any election under the Flood Control District Act shall not have carried unless the proposal has been approved by a majority of the qualified registered electors of the district voting on the proposal."
SECTION 33. Section 72-19-8 NMSA 1978 (being Laws 1990, Chapter 14, Section 8, as amended) is amended to read:
"72-19-8. BOARD OF DIRECTORS.--The governing body of the authority is a board of directors consisting of five qualified electors of the authority. All powers, rights, privileges and duties vested in or imposed upon the authority are exercised and performed by and through the board of directors; provided that the exercise of any executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the authority. Except for the first directors appointed as provided for in Section 72-19-9 NMSA 1978 or elected as provided for in Section
72-19-10 NMSA 1978 and except for any director chosen to fill an unexpired term, the term of each director commences on the first day of January [next] following [a general] the director's election [in the state] and runs for six years. Each director, subject to such exceptions, shall serve a six-year term ending on the first day of January next following [a general] election, and each director shall serve until [his] a successor has been duly chosen and qualified."
SECTION 34. Section 72-19-10 NMSA 1978 (being Laws 1990, Chapter 14, Section 10, as amended) is amended to read:
"72-19-10. ELECTION OF DIRECTORS.--At the time that a proposal to incur debt is first submitted to the qualified electors or at the first general election next following the effective date of the Southern Sandoval County Arroyo Flood Control Act, whichever occurs first, the qualified electors of the authority shall elect five qualified directors, two to serve a term ending January 1, 1993, two to serve a term ending January 1, 1995 and one to serve a term ending January 1, 1997. At the first election, the five candidates receiving the highest number of votes shall be elected as directors. The terms of the directors shall be determined by lot at their organizational meeting. At each [general] election thereafter, the qualified electors of the authority shall elect similarly one or two qualified electors as directors to serve six-year terms as directors and as successors to the directors whose terms end on the first day of January next following each such election. After January 1, 2016, elections shall be held on the first Tuesday after the first Monday of November of each odd-numbered year. Nothing in the Southern Sandoval County Arroyo Flood Control Act shall be construed as preventing [a] qualified [elector] electors of the authority from being elected or reelected as [a director] directors to succeed [himself] themselves. If there is only one vacancy on the board, the candidate receiving the highest number of votes shall be elected as director. If there are two vacancies on the board, the candidate receiving the highest number of votes and the candidate receiving the next highest number of votes shall be elected as directors."
SECTION 35. Section 72-19-11 NMSA 1978 (being Laws 1990, Chapter 14, Section 11, as amended) is amended to read:
"72-19-11. NOMINATION OF DIRECTORS.--Not later than forty-five days before a proposal to incur debt is first submitted to the qualified electors or at the first general election [next] following the effective date of the Southern Sandoval County Arroyo Flood Control Act, whichever occurs first, written nominations of any candidate as director may be filed with the secretary of the board. Each nomination of any candidate shall be signed by not less than fifty qualified electors, regardless of whether or not nominated [therein], shall designate [therein] the name of the candidates [thereby] nominated and shall recite that the subscribers [thereto] are qualified electors and that the [candidate or] candidates designated [therein] are qualified electors of the authority. No written nomination may designate more qualified electors as candidates than there are vacancies. No qualified elector may nominate more than one candidate for any vacancy. If a candidate does not withdraw [his] the candidate's name before the first publication of the notice of election, [his] the candidate's name shall be placed on the ballot. For any election held after November 1990, nominations shall be made by qualified electors in accordance with the procedures and limitations of this section, except that such nominations shall be filed with the secretary of the board not later than the fourth Tuesday in June preceding the [general] election."
SECTION 36. Section 72-19-28 NMSA 1978 (being Laws 1990, Chapter 14, Section 28, as amended) is amended to read:
"72-19-28. ELECTIONS.--Each biennial election of directors shall be conducted [at the time of the general election] on the first Tuesday after the first Monday in November in each odd-numbered year under the direction of the Sandoval county clerk and in accordance with the election laws of New Mexico. Any other election of the authority, including an election to seek approval for the issuance of bonds, shall be conducted at [any time approved by the board in accordance with the election laws of New Mexico] the same time. Elections for the issuance of bonds may be by mail-in ballot pursuant to the procedures set forth in the Mail Ballot Election Act."
SECTION 37. Section 72-19-34 NMSA 1978 (being Laws 1990, Chapter 14, Section 34, as amended) is amended to read:
"72-19-34. ELECTION RETURNS.--For authority elections [held at the time of the general election], the regular [general] election precinct board shall certify the results of the authority election to the county canvassing board. The county canvassing board shall certify directly to the secretary of the authority that portion of the returns pertaining to the authority election. Electronic voting machines shall be used in the conduct of any authority election. [For authority elections held at a different time than the general election, the authority shall appoint an authority precinct board at the authority's expense for each polling place. The authority precinct board shall conduct the election as provided in the Election Code. The separate authority precinct board shall certify the results of the election in that precinct to the secretary within twelve hours after the close of the polls.] The secretary [shall canvass the results of the authority election as certified by each of the separate authority precinct boards and] shall declare the results of the election at any regular or special meeting held not less than five days following the date of the election. Except as otherwise provided, any proposal submitted at any election held pursuant to the Southern Sandoval County Arroyo Flood Control Act shall not carry unless the proposal has been approved by a majority of the qualified electors of the district voting on the proposal."
SECTION 38. Section 72-20-8 NMSA 1978 (being Laws 2007, Chapter 99, Section 8, as amended) is amended to read:
"72-20-8. BOARD OF DIRECTORS.--
A. The governing body of the authority is a board of directors consisting of three qualified electors of the authority; provided that, after single-member districts are created pursuant to Subsection B of Section 72-20-10 NMSA 1978 and after the expiration of the terms of any directors-at-large who are serving at the time that single-member districts are created:
(1) each director shall reside within and represent a specified district; and
(2) if a director no longer resides within the district that the director represents, the director's position shall be deemed vacant and a successor shall be appointed to serve the unexpired term pursuant to Section 72-20-12 NMSA 1978.
B. All powers, rights, privileges and duties vested in or imposed upon the authority are exercised and performed by and through the board of directors; provided that the exercise of any executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the authority or to any officer or employee contracted by agreement to manage and administer the operations of the authority. Except for the first directors appointed as provided for in Section 72-20-9 NMSA 1978 or elected as provided in Section 72-20-10 NMSA 1978 and except for any director chosen to fill an unexpired term, and except for the first directors serving after the authority is divided into single-member districts, the term of each director commences on the first day of January next following [a general] the director's election in the state and runs for six years. Each director, subject to such exceptions, shall serve a six-year term ending on the first day of January next following [a general] election, and each director shall serve until a successor has been duly chosen and qualified."
SECTION 39. Section 72-20-10 NMSA 1978 (being Laws 2007, Chapter 99, Section 10, as amended) is amended to read:
"72-20-10. ELECTION OF DIRECTORS--SINGLE-MEMBER DISTRICTS.--
A. At the time that a proposal to incur debt is first submitted to the qualified electors or at the first general election following March 30, 2007, whichever occurs first, the qualified electors of the authority shall elect five qualified directors, two to serve a term ending January 1, 2011, two to serve a term ending January 1, 2013 and one to serve a term ending January 1, 2015. At the first election, the five candidates receiving the highest number of votes shall be elected as directors. The terms of the directors shall be determined by lot at their organizational meeting.
B. Upon the exclusion of land pursuant to Subsection C of Section 72-20-6 NMSA 1978, the two directors elected in the 2010 general election shall be deemed to have resigned, and, notwithstanding the provisions of Section 72-20-12 NMSA 1978, their positions shall not be filled. Thereafter, the board shall consist of three directors. The board shall divide the authority into three single-member districts. The following provisions shall govern the procedure for converting to single-member districts:
(1) the districts shall be as contiguous, compact and as equal in population as is practicable;
(2) remaining terms for the three incumbent directors shall be chosen by lot so that one term expires on January 1, 2013, one term expires on January 1, 2015 and one term expires on January 1, 2017;
(3) if, as a result of the division of the authority into districts, two or more incumbent directors reside within the same district, the board shall determine, by lot, one of the directors to represent the district, and the other directors residing within that district shall represent the authority at large until their terms expire;
(4) if, as a result of the exclusion of land pursuant to Subsection C of Section 72-20-6 NMSA 1978, one or more incumbent directors reside outside of any district, the directors shall represent the authority at large until their terms expire; and
(5) if more than one director represents the authority at large pursuant to Paragraph (3) or (4) of this subsection, the board shall determine by lot the district that will elect a resident to succeed a director-at-large as the term of each director-at-large expires.
C. At the 2012, 2014 and [each subsequent] 2016 general election, for the single-member district in which the term of the incumbent director or the term of a director-at-large assigned by lot pursuant to Paragraph (2) of Subsection B of this section will expire on the first day of the January immediately following the election, a director who is a qualified elector and a resident of the district shall be elected by the qualified electors who are residents of that district to serve a [six-year] five-year term. Beginning in 2017, elections for directors shall be held on the first Tuesday after the first Monday in November of each odd-numbered year for staggered six-year terms.
D. Nothing in this section shall be construed as preventing qualified electors of the authority from being elected or reelected as directors to succeed themselves; provided that they reside in the district from which they are elected.
E. As soon as feasible after each federal decennial census, the board shall assess the existing districts to determine if the districts remain as equal in population as is practicable and, if necessary, shall redistrict the authority into districts that remain contiguous, compact and as equal in population as is practicable; provided that:
(1) a redistricting shall be effective at the next following general election; and
(2) an incumbent director whose residence is redistricted out of the district represented by the director shall serve until the next general election, at which a qualified elector who resides within the district shall be elected to fill the unexpired term."
SECTION 40. Section 72-20-11 NMSA 1978 (being Laws 2007, Chapter 99, Section 11, as amended) is amended to read:
"72-20-11. NOMINATION OF DIRECTORS.--Not later than forty-five days before a proposal to incur debt is first submitted to the qualified electors or at the first general election following March 30, 2007, whichever occurs first, written nominations of any candidate as director may be filed with the secretary of the board. Each nomination of any candidate shall be signed by not less than fifty qualified electors, regardless of whether or not nominated therein, shall designate therein the name of the candidates thereby nominated and shall recite that the subscribers thereto are qualified electors and that the candidate or candidates designated therein are qualified electors of the authority. No written nomination may designate more qualified electors as candidates than there are vacancies. No qualified elector may nominate more than one candidate for any vacancy. If a candidate does not withdraw the candidate's name before the first publication of the notice of election, the candidate's name shall be placed on the ballot. For any election held after November 2010, nominations shall be made by qualified electors in accordance with the procedures and limitations of this section, except that:
A. such nominations shall be filed with the secretary of the board not later than the fourth Tuesday in June preceding the [general] election;
B. each nomination shall designate only one candidate;
C. all of the qualified electors signing each nomination and the person nominated shall reside within the district for which the candidate has been nominated; and
D. each nomination shall recite that the subscribers thereto are qualified electors who reside in the district for which the candidate is nominated and that the person nominated is a qualified elector who resides in the district for which the person is nominated."
SECTION 41. Section 72-20-28 NMSA 1978 (being Laws 2007, Chapter 99, Section 28) is amended to read:
"72-20-28. ELECTIONS.--Each biennial election of directors shall be conducted [at the time of the general election] on the first Tuesday after the first Monday in November in each odd-numbered year under the direction of the Sandoval county clerk and in accordance with the election laws of New Mexico. Any other election of the authority, including an election to seek approval for the issuance of bonds, shall be conducted at [any time approved by the board in accordance with the election laws of New Mexico] that time. Elections for the issuance of bonds may be by mail-in ballot pursuant to the procedures set forth in the Mail Ballot Election Act."
SECTION 42. Section 72-20-34 NMSA 1978 (being Laws 2007, Chapter 99, Section 34) is amended to read:
"72-20-34. ELECTION RETURNS.--For authority elections [held at the time of the general election], the regular general election precinct board shall certify the results of the authority election to the county canvassing board. The county canvassing board shall certify directly to the secretary that portion of the returns pertaining to the authority election. [For authority elections held at a different time than the general election, the authority shall appoint an authority precinct board at the authority's expense for each polling place. The authority precinct board shall conduct the election as provided in the Election Code. The separate authority precinct board shall certify the results of the election in that precinct to the secretary within twelve hours after the close of the polls.] The secretary shall [canvass the results of the authority election as certified by each of the separate authority precinct boards and shall] declare the results of the election at any regular or special meeting held not less than five days following the date of the election. Except as otherwise provided, any proposal submitted at any election held pursuant to the Eastern Sandoval County Arroyo Flood Control Act shall not carry unless the proposal has been approved by a majority of the qualified electors of the district voting on the proposal."
SECTION 43. 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] May 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 and 73-14-89 through 73-14-92 NMSA 1978 shall be elected at an election held on the first Tuesday after the first Monday in [June in 2001] November in 2017 and in each odd-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] 73-14-31 and 73-14-84 through [73-14-86] 73-14-92 NMSA 1978. 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 44. Section 73-14-62 NMSA 1978 (being Laws 1943, Chapter 126, Section 9, as amended) is amended to read:
"73-14-62. TIME, PLACE AND PROCEDURE FOR ELECTION.--
A. The five director-members of the board of directors [by this act] created by Sections 73-14-54 through 73-14-69 NMSA 1978 shall be elected on the first Tuesday of October [of the year] 1943, and [of] each succeeding sixth year thereafter at general election for districts having less than one hundred thousand acres. The five director-members of the boards of directors of conservancy districts formed after July 1, 1952 shall be elected on the first Tuesday of October, 1959, and [of] each succeeding sixth year thereafter at general election.
B. Not less than thirty days prior to [said] the election, the board of directors then in office shall meet and by written resolution, which shall be preserved among the permanent records of the board, shall select a voting place within each voting precinct or voting division [thereof] within the conservancy district and shall select three judges of election to conduct the election at the place [so] selected. [Said] The judges shall be qualified electors, as [herein] defined in Section 73-14-57 NMSA 1978, and residents of the precinct within which they are appointed to act and shall serve without pay. The resolution shall appoint one of [said] the judges to receive the ballots and post [its] notice of election. Not less than five days thereafter, the secretary of [said] the board shall notify each judge [so] selected of [his] the judge's appointment [as such] and send to the judge selected to receive the ballots four copies of a notice of election [which] that shall state the time and purpose [thereof] of the election, the place where held within the precinct and the names of the judges selected for [such] the precinct [and said]. The notices shall be posted at the four most prominent places within the precinct as soon as received.
C. Elections held after July 1, 2015 shall be held on the first Tuesday after the first Monday in November in odd-numbered years."
SECTION 45. Section 73-14-73 NMSA 1978 (being Laws 1961, Chapter 67, Section 5) is amended to read:
"73-14-73. ELECTIONS--WHEN HELD.--
A. The first election for conservancy districts existing on July 1, 1961 and eligible under the provisions of Section [75-28-53 New Mexico Statutes Annotated, 1953 Compilation] 73-14-74 NMSA 1978 to have an elected board of directors shall be held on the first Tuesday in October 1961.
B. Subsequent elections shall be held every two years following the year 1961 and shall be held on the first Tuesday [of October] after the first Monday in November in odd-numbered years.
C. Conservancy districts formed after July 1, 1961 shall hold their first election as provided in Section [75-28-53 New Mexico Statutes Annotated, 1953 Compilation] 73-14-74 NMSA 1978."
SECTION 46. Section 73-20-37 NMSA 1978 (being Laws 1965, Chapter 137, Section 11, as amended) is amended to read:
"73-20-37. DISTRICT SUPERVISORS--ELECTION AND
APPOINTMENT--NEW DISTRICTS.--
A. The governing body of a district shall be composed of five supervisors who shall be residents of the district and shall be elected; provided, however, two additional supervisors may be appointed to the governing body of each district by the commission in accordance with the provisions of the Soil and Water Conservation District Act. Four elected supervisor positions of each district shall be filled by landowners within the defined geographical area of their district. One elected supervisor position shall be designated supervisor-at-large and the supervisor filling that position may serve the district without landowner qualification.
B. Unless a different time is prescribed by the commission, within thirty days following the issuance of a certificate of organization to the two interim supervisors of a district, declarations of candidacy for supervisors of the district may be filed with the commission. The commission shall give due notice of election for the offices of five district supervisors. All registered voters residing within the district shall be eligible to vote. The commission shall adopt and prescribe regulations governing the conduct of the election, shall determine voter eligibility and shall supervise the election and publish its results. The districts shall bear the expenses of elections; however, the commission shall bear the expenses of the first election of a newly organized district.
C. In the first election of supervisors to serve a newly organized district, two supervisors shall be elected for terms of four years and three supervisors shall be elected for terms of two years. Thereafter, each elected supervisor shall serve a term of four years and shall continue in office until [his] a successor has been elected or appointed and has completed an oath of office. Oaths of office may not be completed prior to [July 1] January 1 after an election. A vacant unexpired term of the office of an elected supervisor shall be filled by appointment by the remaining supervisors of the district. Two or more vacant unexpired terms occurring simultaneously in the same district shall be filled by appointment by the commission.
D. Appointed interim supervisors may continue to serve as appointed supervisors at the pleasure of the commission or until their successors are otherwise appointed."
SECTION 47. Section 73-20-38 NMSA 1978 (being Laws 1965, Chapter 137, Section 12, as amended) is amended to read:
"73-20-38. DISTRICT SUPERVISORS--ELECTION AND
APPOINTMENT--ORGANIZED DISTRICTS.--
A. Successors to supervisors whose terms end in a calendar year shall be elected on the first Tuesday [in May of that year] after the first Monday in November in odd-numbered years. Elections shall be called, conducted and returned in accordance with rules adopted and prescribed by the commission.
B. A canvassing board appointed by the commission shall determine the results of a district election, shall certify and publish the results and shall give the commission notice of its canvass within seven days of its completion. A canvass is considered complete when all challenges have been resolved to the satisfaction of the canvassing board.
C. Rules adopted and published by the commission and the election provisions of the Soil and Water Conservation District Act shall be exclusive in the conduct of district elections. The commission may adopt and publish rules to carry out the provisions of the Soil and Water Conservation District Act.
D. By June 15 of each year, the district supervisors may submit to the commission a list of persons interested in the district and who by experience or training are qualified to serve as supervisors. The commission may appoint from the list submitted, or at will, two persons to serve as supervisors if it is the determination of the commission that the appointments are necessary or desirable and would benefit or facilitate the work and functions of the district. In the event a list is not submitted to the commission by the supervisors by June 15, the commission may appoint at will two supervisors qualified to serve by training or experience. Appointed supervisors shall serve at the pleasure of the commission and shall have the same powers and perform the same duties as elected supervisors. Successors to appointed supervisors, or replacement-appointed supervisors in the event of vacancy, shall be appointed by the commission from a list of candidates or at will in accordance with the provisions of this subsection."
SECTION 48. Section 73-20-46 NMSA 1978 (being Laws 1965, Chapter 137, Section 20, as amended) is amended to read:
"73-20-46. DISTRICT ASSESSMENTS.--
A. In the event a district is unable to meet or bear the expense of the duties imposed upon it by the Soil and Water Conservation District Act, the supervisors may adopt a resolution that, to be effective, shall be approved by referendum in the district and that shall provide for an annual levy for a stated period of up to ten years in a stated amount not exceeding one dollar ($1.00) on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code, of real property within the district, except that real property within incorporated cities and towns in the district may be excluded. The referendum held to approve or reject the resolution of the supervisors shall be conducted with appropriate ballot and [in substantially the same manner as a referendum adopting and approving the creation of a proposed district] held at the same time as elections for supervisors. After the initial authorization is approved by referendum, the supervisors shall adopt a resolution in each following year authorizing the levy. To extend an assessment beyond the period of time originally authorized and approved by referendum, the supervisors shall adopt a new resolution and the district voters shall approve it in a referendum. The extension shall be for the same period of time as originally approved, but the rate of the tax may be different as long as it does not exceed one dollar ($1.00) on each one thousand dollars ($1,000) of net taxable value of real property within the district, except that real property within incorporated municipalities in the district may be excluded. If the district is indebted to the United States or the state or any of their respective agencies or instrumentalities, including the New Mexico finance authority, at the time of the expiration of the original authorization, the supervisors may renew the assessment by resolution for a period not to exceed the maturity date of the indebtedness, and no referendum for that renewal is necessary.
B. A resolution authorized under Subsection A of this section shall not be effective, and neither a referendum nor a levy is authorized, unless the resolution is submitted to and approved in writing by the commission.
C. In the event a resolution of the supervisors is adopted and approved in accordance with the provisions of Subsection A of this section, the supervisors of the district shall certify by the fifteenth of July of each year to the county assessor of each county in which there is situate land subject to the district assessment:
(1) a copy of the resolution of the supervisors;
(2) the results of any referendum held in the year the certification is made; and
(3) a list of landowners of the district and a description of the land owned by each that is subject to assessment.
D. A county assessor shall indicate the information on the tax schedules, compute the assessment and present the district assessment by regular tax bill.
E. The district assessment shall be collected by the county treasurer of each county in which taxable district land is situate in the same manner and at the same time that county ad valorem taxes are levied. The conditions, penalties and rates of interest applicable to county ad valorem taxation apply to the levy and collection of district assessments. A county treasurer shall be entitled to a collection fee equal to the actual costs of collection or four percent of the money collected from the levy of the district assessment, whichever is the lesser.
F. District funds, regardless of origin, shall be transferred to and held by the supervisors and shall be expended for district obligations and functions. The supervisors shall prepare an annual budget and submit it for approval to the commission and to the local government division of the department of finance and administration. All district funds shall be expended in accordance with the approved budgets.
G. In the event the supervisors of a district determine that there are or will be sufficient funds available for the operation of the district for any year for which an assessment is to be levied, they shall, by resolution, direct the assessor of each county in which taxable district land is situate, by July 15 of each year, to decrease the district assessment or to delete the district assessment reflected on the tax schedules.
H. Any levy authorized by the Soil and Water Conservation District Act and any loan or other indebtedness authorized by that act that will require a levy shall be based exclusively on or levied exclusively on the real property in the district, except that real property within incorporated cities and towns may be excluded."
SECTION 49. Section 73-21-14 NMSA 1978 (being Laws 1943, Chapter 80, Section 13, as amended) is amended to read:
"73-21-14. ELECTIONS.--
A. In any district, except a district created pursuant to a petition signed by the chair of the board of county commissioners of a county, on the [second Tuesday of January] first Tuesday after the first Monday in November in the [second calendar] odd-numbered year after the organization of the district and on the [second Tuesday of January] first Tuesday after the first Monday in November every second year thereafter, there shall be elected by the taxpaying electors of the district one member of the board to serve for a term of six years, except that if the district elects to adopt four-year terms, the member shall serve for a term of four years.
B. In any district created pursuant to a petition signed by the chair of the board of county commissioners of a county, [one] in the odd-numbered year after the organization of the district and every second year thereafter, there shall be elected by the taxpaying electors of the district at least two, but no more than three, members of the board to serve for a term of two years. The election shall be held on the first Tuesday after the first Monday in November.
C. Not later than thirty days before any election pursuant to Subsection A or B of this section, nominations may be filed with the secretary of the board, and, if a nominee does not withdraw the nominee's name before the first publication of the notice of election, the name shall be placed on the ballot. The board shall provide for holding such election and shall appoint judges to conduct it. The secretary of the district shall give notice of election by publication and shall arrange such other details in connection with the election as the board may direct. If within ninety days prior to a board election, the district publishes materials that describe the qualifications, experience and accomplishments of incumbents, equal space shall be made available without charge for similar information provided by opponents seeking a position on the board. The returns of the election shall be certified to and shall be canvassed and declared by the board. The candidate receiving the most votes shall be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify."
SECTION 50. Section 73-21-28 NMSA 1978 (being Laws 1943, Chapter 80, Section 25, as amended) is amended to read:
"73-21-28. BOARD RESOLUTION--INDEBTEDNESS--ELECTION.--Whenever the board shall, by resolution, determine that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of a general obligation indebtedness of five thousand dollars ($5,000) or more, secured by property tax revenue from within the district, the board shall order the submission of the proposition of issuing the obligations or bonds or creating other indebtedness to the qualified taxpaying electors of the district at [an] a regular district election [held for that purpose. Any such election may be held separately or may be consolidated or held concurrently with any other election authorized by the Water and Sanitation District Act]. The declaration of public interest or necessity required in this section and the provision for the holding of the election may be included within one and the same resolution. The resolution, in addition to the declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred and the maximum rate of interest to be paid on the indebtedness. The resolution shall also [fix] announce the date upon which the election shall be held and the manner of holding it and the method of voting for or against the incurring of the proposed indebtedness. The resolution shall also fix the compensation to be paid the officers of the election and shall designate the polling place and shall appoint, for each polling place, from the electors of the district, the officers of the election consisting of three judges, one of whom shall act as clerk."
SECTION 51. TEMPORARY PROVISION.--Officers in the affected offices serving in office as of, and that were elected to office prior to, the effective date of this act shall serve the remainder of their unexpired terms for which they were elected and shall serve until the officer's successor has been elected and qualified; provided that an officer whose term would have expired between July 1, 2015 and January 1, 2016 shall serve until the officer's successor has been elected and qualified following that 2015 election, and an officer whose term would have expired between January 1, 2016 and January 1, 2018 shall serve until the officer's successor has been elected and qualified following that 2017 election.
SECTION 52. REPEAL.--Section 21-16-21 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 12, Section 6) is repealed.
SECTION 53. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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