Chapter 1 — Chapter 1

A. Upon the filing in the office of the county clerk of a proclamation calling a special election, the county clerk shall appoint election boards for the special election pursuant to the provisions of Sections 1-2-6 through 1-2-18 NMSA 1978. The county clerk shall keep a log of h…

nongovernmental entities. A. The costs of conducting a special election shall be paid for by the state or local public body calling for the election. B. When the proclamation is issued by: (1) the secretary of state, the state shall pay all costs of the special election, includin…

History: Laws 2018, ch. 79, § 39; 1978 Comp., § 1-24-6 recompiled and amended as § 1-24- 1.1 by Laws 2019, ch. 212, § 154.

Chapter 1, Article 25 NMSA 1978 may be cited as the "Recall Act". History: 1953 Comp., § 77-4A-1, enacted by Laws 1977, ch. 308, § 1; 2018, ch. 79, § 89; 1978 Comp., § 22-7-1, recompiled and amended as § 1-25-1 by Laws 2019, ch. 212, § 159.

A. Any person filing any court action challenging a recall petition provided for in the Recall Act shall do so within seven days after the determination of the county clerk as to whether sufficient signatures have been submitted. Challenges to the recall petition shall be directe…

A. Except as otherwise provided in the Recall Act, recall elections shall be conducted and canvassed pursuant to the provisions of the Local Election Act. B. The date of the recall election shall be set no later than ninety days after the date of the determination by the county c…

Following a decision of the district court, if the county clerk proceeds to initiate proceedings for a recall election as a special local election, the local jurisdiction shall ensure payment of the cost of the recall election as provided in the Special Election Act [Chapter 1, A…

A. The vacancy created by a recalled official shall be filled as provided by law for vacancies in office for the local jurisdiction. B. Under no circumstances may a recalled official be appointed to fill any vacancy for the remainder of the term of office for which the recalled o…

As used in the Recall Act: A. "canvasser" means a person who circulates a petition and collects signatures; B. "county clerk" means: (1) the clerk of the county in which the local jurisdiction is situate; (2) in the case of a multicounty jurisdiction, the clerk of the county in w…

A. An elected official of the following local jurisdictions is subject to recall pursuant to the provisions of the Recall Act: (1) a school district, pursuant to Article 12, Section 14 of the constitution of New Mexico; (2) a county, pursuant to Article 10, Section 9 of the const…

A. The recall petition shall be composed of a face sheet and a subsequent page. An individual, group or organization desiring to initiate the recall process may obtain the forms from the district court. B. The petition shall be on eight and one-half inch by eleven inch paper. C. …

The petitioner shall complete the following portions of the face sheet: A. name of the named official; B. name of the local jurisdiction in which the named official has been elected; C. name of the individual, group or organization initiating the petition; and D. the specific cha…

A. The petitioner shall file the completed face sheet along with a petition in the district court of the county in which the named official resides, requesting a hearing for a determination by the court of whether sufficient facts and probable cause exist to allow the petitioner …

A. Upon receipt of completed petitions, the county clerk shall stamp the petitions with the filing date. All completed petitions for the recall of one or more named officials shall be filed with the county clerk on the same day within ninety days from the date of initiation. B. F…

A. When submitted to the county clerk, each petition shall have a notarized affidavit attached. The affidavit shall state that the canvasser circulated that particular petition and witnessed each signature and any other information recorded on the petition. B. According to the be…

A. No signature may be signed on the petition prior to the initiation date. B. Signatures are valid for a maximum of ninety days from the date of initiation. C. Each signer of a recall petition shall sign but one petition for each named official of a local jurisdiction in which t…

Sections 172 through 177 [1-26-1 to 1-26-6 NMSA 1978] of this act may be cited as the "Nonpartisan Judicial Retention Act". History: Laws 2019, ch. 212, § 172.

A. A justice of the supreme court, judge of the court of appeals, district court judge or metropolitan court judge is eligible for nonpartisan judicial retention after the justice or judge has first been elected to that position in a partisan election. B. In the last year of the …

A. Each eligible justice of the supreme court shall be subject to retention or rejection at the general election in the last year of the eight-year term of office for the position in which the justice is serving. B. Terms of office for positions on the supreme court shall be stag…

A. Each eligible judge of the court of appeals shall be subject to retention or rejection at the general election in the last year of the eight-year term of office for the position in which the judge is serving. B. Terms of office for positions on the court of appeals shall be st…

A. Each eligible district court judge shall be subject to retention or rejection at the general election in the last year of the six-year term of office for the position in which the judge is serving. B. Terms of office for positions on the district court in each judicial distric…

A. Each eligible metropolitan court judge shall be subject to retention or rejection at the general election in the last year of the four-year term of office for the position in which the judge is serving. B. Terms of office for positions on each metropolitan court shall be stagg…