SENATE BILL 335
56th legislature - STATE OF NEW MEXICO - first session, 2023
Gerald Ortiz y Pino and Katy M. Duhigg
RELATING TO ELECTIONS; DELAYING UNTIL 2025 THE IMPLEMENTATION OF THE LOCAL ELECTION ACT AS APPLIED TO DISTRICTS CREATED PURSUANT TO THE CONSERVANCY ACT OF NEW MEXICO; PROVIDING REQUIREMENTS FOR THE CONDUCT OF DISTRICT ELECTIONS IN 2023; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. TEMPORARY PROVISION--DISTRICTS CREATED PURSUANT TO THE CONSERVANCY ACT OF NEW MEXICO--CONDUCT OF 2023 ELECTION.--
A. Notwithstanding the provisions of The Conservancy Act of New Mexico that provide for district elections to be conducted pursuant to the Local Election Act, a district organized pursuant to that act shall conduct its 2023 election in accordance with the provisions of this section and election procedures adopted by the district's board of directors. In 2025, a district shall conduct its election pursuant to the Local Election Act. The secretary of state shall work with the districts to identify barriers, provide recommendations and coordinate efforts to ensure each district's participation in the regular local election of 2025.
B. A district's board of directors shall select an election director to provide election services. The election director shall operate pursuant to a contract, which may be approved by the secretary of state upon request of the board of directors.
C. The 2023 election may be conducted by emergency paper ballot, electronic voting machine or any other state-certified tabulating voting machine.
D. For the middle Rio Grande conservancy district, the 2023 election shall be held on October 3, 2023. For any other district, the 2023 election shall be held on a date determined by the district's board of directors that is:
(1) before the first Tuesday in October 2023; or
(2) the later of:
(a) forty-five days after the adjournment of the state or county canvassing board for the 2023 regular local election; or
(b) forty-five days after any recount, contest or other judicial inquiry regarding the 2023 regular local election.
E. As used in this section, "district" means a district organized pursuant to The Conservancy Act of New Mexico.
SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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