House Bill 308

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 308

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO CONSERVANCY DISTRICT ELECTIONS; REMOVING CONSERVANCY DISTRICTS FROM THE LOCAL ELECTION ACT; PROVIDING TIMING AND OTHER PROCEDURES FOR CONSERVANCY DISTRICT ELECTIONS; DEFINING TERMS; PROVIDING PROCEDURES FOR COMPILING A LIST OF QUALIFIED ELECTORS; ELIMINATING CERTAIN REQUIREMENTS FOR ABSENTEE VOTING, ELECTION NOTICES AND POLLING LOCATIONS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 1-22-2 NMSA 1978 (being Laws 2019, Chapter 212, Section 141) is amended to read:

     "1-22-2. DEFINITIONS.--As used in the Local Election Act:

          A. "local election" means a local government election;

          B. "local governing body" means a board, council or commission, as appropriate for a given local government;

          C. "local government" means a:

                (1) political subdivision of the state with authority to levy taxes pursuant to Article 8, Section 9 of the constitution of New Mexico and its enabling legislation, but does not include a county or a conservancy district created and organized pursuant to The Conservancy Act of New Mexico; and

                (2) political subdivision of the state without authority to levy taxes pursuant to Article 8, Section 9 of the constitution of New Mexico or its enabling legislation, but whose statutory provisions provide for election of officers or ballot questions to be decided pursuant to the Local Election Act;

          D. "municipal officers" means the local governing body and any elective executive and judicial officers of a municipality;

          E. "regular local election" means the biennial local election at which local governing body members are elected pursuant to the provisions of the Local Election Act; and

          F. "special local election" means a local election conducted at a time other than a statewide election at which only ballot questions are considered pursuant to the provisions of the Special Election Act."

     SECTION 2. Section 73-14-20 NMSA 1978 (being Laws 1975, Chapter 262, Section 3, as amended) is amended to read:

     "73-14-20. DEFINITIONS.--As used in Sections 73-14-18 through 73-14-30 NMSA 1978:

          A. "benefited area" means that area described by a property appraisal that receives a benefit as a result of the creation of a district for any of the purposes specified in Section 73-14-4 NMSA 1978;

          B. "election director" means the person whom the board of directors may request to provide election services by a contract;

          C. "election officer" means a person appointed by the board of directors to conduct the election in the absence of the election director to perform the election director's duties as required pursuant to law;

          [B.] D. "list compiler" means a contractor approved by the board of directors to compile and produce a qualified elector list for a conservancy district;

          [C.] E. "qualified elector" means an individual who owns real property within the benefited area of the conservancy district and who has provided proof of an ownership interest to one of the sources specified in Subsection B of Section 73-14-20.1 NMSA 1978 within the required time period, or who resides on and owns legal or equitable title in tribal lands and who is over the age of majority;

          [D.] F. "qualified elector's list" means the list compiled before each election that contains the individual names of all qualified electors; and

          [E.] G. "residence" means a dwelling that lies partially or completely within the benefited area."

     SECTION 3. Section 73-14-20.1 NMSA 1978 (being Laws 1990, Chapter 48, Section 1, as amended) is amended to read:

     "73-14-20.1. QUALIFIED ELECTOR LIST.--

          A. The board of directors of the conservancy district may contract for a list compiler before each election to compile and produce a qualified elector's list for the district. The list compiler shall deliver the completed list to the [appropriate county clerk] election director or election officer no later than [one hundred eighty] forty-five days prior to a district election [and update the list every thirty days until ninety days before the election, which list the county clerk shall use for the election]. An individual who purchases property ninety days prior to an election and whose name does not appear on the qualified elector's list shall not vote in that election. The individual may become certified to vote in a future election by filing a deed of title with the appropriate county clerk at least ninety days before the next conservancy district election.

          B. Names of qualified electors shall be obtained from the records of the county clerk of the appropriate county, the appropriate county assessor of the appropriate county, records of the conservancy district or from the census bureau and enrollment records provided by the pueblos. The county assessor of the appropriate county, the county clerk of the appropriate county and the tribal representatives of the appropriate pueblos shall deliver to the list compiler all records regarding qualified electors of the benefited area no later than the last day of each [March] July before a district election.

          C. Updating the qualified elector's list shall consist of adding, for any new qualified elector who has purchased property in the district, the name, address and description of all property owned by the qualified elector in the benefited area and removing the name of any elector who is deceased or who no longer owns property within the benefited area.

          D. Proof of ownership of land within the benefited area requires one of the following:

                (1) a recorded deed or real estate contract indicating current ownership of land within the benefited area;

                (2) an individual's name on county clerk records indicating a description of property the individual owns within the benefited area;

                (3) an individual's name on a list compiled by the governing body of a pueblo within the benefited area indicating that the individual named is residing on and has legal or equitable title in the pueblo; or

                (4) a current property tax bill indicating ownership of land within the benefited area.

           E. The [appropriate county clerk] election director or election officer shall distribute to each polling place a current qualified elector's list for the appropriate county. The [appropriate county clerk] election director or election officer shall distribute the qualified elector's list to each polling place within a pueblo located within the benefited area. A qualified elector may vote at any one polling place in the pueblo or county where the elector owns land. An individual who seeks to cast a vote but whose name is not on the qualified elector's list shall not be allowed to vote in that election." 

     SECTION 4. Section 73-14-24 NMSA 1978 (being Laws 1975, Chapter 262, Section 7, as amended) is repealed and a new Section 73-14-24 NMSA 1978 is enacted to read:

     SECTION 5. Section 73-14-25 NMSA 1978 (being Laws 1975, Chapter 262, Section 8, as amended) is amended to read:

     "73-14-25. DECLARATION OF CANDIDACY--SIGNATURES OF ELECTORS.--

          A. A person who desires to become a candidate for election as a member of the conservancy district board of directors shall file a written declaration of candidacy with the [proper filing officer in accordance with the provisions of the Local Election Act] election director or election officer at least sixty days before the election. The election director or election officer shall certify the candidates to the board of directors.

          B. The declaration of candidacy shall [be accompanied by:

                (1) if a candidate for a position representing a county in the conservancy district, a petition signed by at least seventy-five qualified electors of the district who reside in that county; or

                (2) if a candidate for the position at large in the conservancy district, a petition signed by at least one hundred twenty-five qualified electors] contain:

                (1) a statement that the candidate is a qualified elector of the district and meets the qualifications of a director as required by law;

                (2) the candidate's name, address, county of residence and date of declaration of candidacy;

                (3) the numerical designation of the position on the board of directors for which the person desires to be a candidate;

                (4) if a candidate for a position representing a county in the conservancy district, a petition signed by at least seventy-five qualified electors of the district who reside in that county;

                (5) if a candidate for the position at large in the conservancy district, a petition signed by at least one hundred twenty-five qualified electors; and

                (6) a statement that the person resides within the conservancy district and in the county for which the person desires to be a candidate on the board of directors."

     SECTION 6. Section 73-14-28.1 NMSA 1978 (being Laws 1996, Chapter 42, Section 12, as amended) is repealed and a new Section 73-14-28.1 NMSA 1978 is enacted to read:

     SECTION 7. Section 73-14-57 NMSA 1978 (being Laws 1943, Chapter 126, Section 4, as amended) is amended to read:

     "73-14-57. DEFINITION OF "QUALIFIED ELECTORS" [QUALIFIED ELECTOR LIST].--[A.] The term "qualified electors", as used in Sections 73-14-54 through 73-14-69 NMSA 1978, means only those persons who have reached the age of majority and, for at least six months prior to the election, have owned, during the entire six-month period, real property situated within the district that is subject to conservancy district appraisals, assessments, levies and taxes.

          [B. The conservancy district shall compile and deliver a qualified elector list to the appropriate county clerk no later than one hundred eighty days before an election, and update the list every thirty days until ninety days before the election, which list the county clerk shall use for that election.]"

     SECTION 8. Section 73-14-61 NMSA 1978 (being Laws 1943, Chapter 126, Section 8, as amended) is amended to read:

     "73-14-61. NOTICE OF CANDIDACY--SIGNATURES OF ELECTORS.--Any qualified elector who desires to become a candidate for election as a director shall, at least forty days prior to the election, file with the [proper filing officer in accordance with the provisions of the Local Election Act] secretary of the board of directors then in office a written notice of candidacy, which shall state the candidate's name and residence and the term for which the candidate is running within the conservancy district. If the candidate is a candidate at large, the candidate's notice of candidacy shall be signed by twenty qualified electors resident within the district. If the candidate is a candidate only from that portion of the district that lies within one county, the candidate's notice of candidacy shall be signed by ten qualified electors who reside within that particular portion of the district and county from which the candidate seeks to be elected."

     SECTION 9. 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 created by Sections 73-14-54 through 73-14-69 NMSA 1978 shall be elected [in accordance with the provisions of the Local Election Act] on the first Tuesday of October of the year 1943 and of each succeeding sixth year thereafter at an 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 a general election.

          B. Not less than thirty days prior to said 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, 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. Those judges shall be qualified electors, as herein defined, and residents of the precinct within which they are appointed to act and shall serve without pay. The resolution shall appoint one of those judges to receive the ballots and post a notice of election. Not less than five days thereafter, the secretary of said board shall notify each judge so selected of the judge's appointment as such and send to the judge selected to receive the ballots four copies of a notice of election, which shall state the time and purpose thereof, the place where held within the precinct and the names of the judges selected for such precinct and said notices shall be posted at the four most prominent places within the precinct as soon as received."

     SECTION 10. A new Section 73-14-62.1 NMSA 1978 is enacted to read:

     SECTION 11. Section 73-14-71 NMSA 1978 (being Laws 1961, Chapter 67, Section 3, as amended) is amended to read:

     "73-14-71. DEFINITION OF "QUALIFIED ELECTOR"--QUALIFIED ELECTOR LIST.--[A.] As used in the provisions of Sections 73-14-70 through 73-14-88 NMSA 1978, "qualified elector" means a natural person who has reached the age of majority and who, for at least six months prior to the election, has owned, either in community or separately, real property located within the district and subject to conservancy district appraisals, assessments, levies and taxes.

          [B. The conservancy district shall compile and deliver a qualified elector list to the appropriate county clerk no later than one hundred eighty days before an election, and update the list every thirty days until ninety days before the election, which list the county clerk shall use for that election.]"

     SECTION 12. Section 73-14-73 NMSA 1978 (being Laws 1961, Chapter 67, Section 5, as amended) 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 74-14-74 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 [pursuant to the Local Election Act] every two years following the year 1961 and shall be held on the first Tuesday of October.

          C. Conservancy districts formed after July 1, 1961 shall hold their first election as provided in Section 73-14-74 NMSA 1978."

     SECTION 13. Section 73-14-74 NMSA 1978 (being Laws 1961, Chapter 67, Section 6, as amended) is amended to read:

     "73-14-74. ELIGIBILITY OF DISTRICT TO HOLD ELECTION.--

          A. No election shall be held in an existing conservancy district until the main canals in that district are in such a condition that water can be delivered from them for irrigation on the lands within the district.

          B. The first election in any district formed after July 1, 1961, or in a district existing on July 1, 1961, and having an appointed board of directors shall be held [with the first regular local election occurring] on the first Tuesday of October occurring in an odd-numbered year after the requirements of Subsection A of this section are fulfilled."

     SECTION 14. Section 73-14-78 NMSA 1978 (being Laws 1961, Chapter 67, Section 10, as amended) is amended to read:

     "73-14-78. NOTICE OF CANDIDACY--SIGNATURES OF ELECTORS.--

          A. Any qualified elector who desires to become a candidate for election as a member of a conservancy district board of directors shall file a written notice of candidacy with the [proper filing officer in accordance with the provisions of the Local Election Act] secretary of the board at least twenty days before the election.

          B. A notice for candidacy shall state:

                (1) the candidate's name and address; and

                (2) the numerical designation of the office position on the board for which the person desires to be a candidate.

          C. In addition to the requirements of Subsection B of this section, a notice for candidacy shall be signed by at least ten qualified electors within the conservancy district."

     SECTION 15. A new Section 73-14-79.1 NMSA 1978 is enacted to read:

     SECTION 16. Section 73-18-27 NMSA 1978 (being Laws 1955, Chapter 281, Section 3, as amended) is amended to read:

     "73-18-27. ELECTIONS.--In each odd-numbered year after 1955, elections shall be called and conducted pursuant to the [Local Election Act] provisions of Sections 73-18-25 through 73-18-43 NMSA 1978 for the election of directors to succeed any directors whose terms expire in that year. Elections shall be held on the second Tuesday of October of each odd-numbered year. The election shall be called by the board of directors by resolution that shall fix for each election precinct within the district outside the municipality and designate the necessary qualified electors of each election precinct to act as judges of the election in each precinct. At the discretion of the board of directors of the conservancy district, the election may be held at any place within the district. Judges of the election shall be paid an amount to be determined by the board of directors for service. Expenses of the elections shall be paid by the district."

     SECTION 17. Section 73-18-28 NMSA 1978 (being Laws 1955, Chapter 281, Section 4, as amended) is amended to read:

     "73-18-28. DIRECTOR-AT-LARGE AND MUNICIPAL DIRECTOR [QUALIFIED ELECTOR LIST].--

          A. The director to represent the municipality and the director-at-large for the period from October 1955 to October 1957 shall be selected at the September 1955 meeting by the board of directors of the conservancy district as it exists prior to the election. The members shall be elected from the membership of the previously existing board if there are qualified members of the board willing to serve for the additional two years. If there are no members of the existing board willing to serve for the additional period of two years or if there is only one, the existing board may select one or both of the directors from qualified electors of the district for the position or positions.

          B. In the election to be held in October 1957, a director to represent the municipal voting precinct shall be elected from the qualified electors of the municipality, and a director-at-large shall be elected from the qualified electors of the district.

          C. Every resident, otherwise qualified, owning real estate of any character within the district shall have one vote for director-at-large. Each elector resident of the municipal voting precinct shall have one vote for municipal director. The right of a voter to vote for municipal director shall not be affected by the elector voting in any other election precinct in which the elector may own class "A" land.

          [D. The conservancy district shall compile and deliver a qualified elector list to the appropriate county clerk no later than one hundred eighty days before an election, and update the list every thirty days until ninety days before the election, which list the county clerk shall use for that election.]"

     SECTION 18. Section 73-18-34 NMSA 1978 (being Laws 1955, Chapter 281, Section 10, as amended) is amended to read:

     "73-18-34. BECOMING A CANDIDATE FOR DIRECTOR.--Any person wishing to become a candidate for the office of director in any district shall by the last Friday of July before the election file in the office of the secretary of the district a declaration of candidacy [pursuant to the provisions of the Local Election Act] stating the election precinct for which the person is a candidate, accompanied by a petition signed by not less than ten qualified electors of the election precinct for which the person is a candidate to represent. No declaration of candidacy shall be accepted by the secretary unless accompanied by such petition, signed by electors."

     SECTION 19. Section 73-18-41 NMSA 1978 (being Laws 1955, Chapter 281, Section 17, as amended) is amended to read:

     "73-18-41. APPLICATION OF [LOCAL ELECTION ACT] GENERAL ELECTION LAWS.--In any election held under Sections 73-18-25 through 73-18-43 NMSA 1978, the [Local Election Act] general election laws shall be applicable except as otherwise provided in Sections 73-18-25 through 73-18-43 NMSA 1978 and except as to the requirement for registration and residence in state, county or precinct as a qualification of an elector in offering to vote."

     SECTION 20. A new Section 73-18-41.1 NMSA 1978 is enacted to read:

     SECTION 21. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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