HB 308 — REMOVE MRGCD FROM LOCAL ELECTION ACT
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 05, 2025. Enacted.
Signed by Governor Michelle Lujan Grisham (Democratic) on March 22, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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3 sponsors
3 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (2 R · 1 D) — cross-party backing.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
454 added · 705 removedPlain-language change summary
The bill has been revised to formally remove conservancy districts from the Local Election Act. This change means that conservancy district elections will now follow their own voting procedures, including new guidelines for timing and compiling voter lists. Additionally, the amendments eliminate certain requirements related to absentee voting, election notices, and polling locations, which could make the voting process simpler and more accessible for residents involved in these districts. These updates matter because they aim to streamline election processes specific to conservancy districts, potentially increasing voter participation and efficiency.
HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 308 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO CONSERVANCY DISTRICT ELECTIONS;
e t 17 AMENDING AND ENACTING SECTIONS OF THE NMSA 1978;
DECLARING AN w l n d 18 EMERGENCY.
= = 19 a l i a e r 20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
a t m m 21 SECTION 1.
Section 1-22-2 NMSA 1978 (being Laws 2019, d r e 22 Chapter 212, Section 141) is amended to read:
c e s k 23 "1-22-2.
e a n b 24 A.
"local election" means a local government u [ election;
.230848.1 HJC/HB 308 B.
(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 HJC/HB 308/ec Page 1 Mexico;
"municipal officers" means the local governing body and any elective executive and judicial officers of a e t 17 municipality;
w l n d 18 E.
"regular local election" means the biennial = = 19 local election at which local governing body members are a l i a e r 20 elected pursuant to the provisions of the Local Election Act;
a t m m 21 and d r e 22 F.
"special local election" means a local election c e s k 23 conducted at a time other than a statewide election at which e a n b 24 only ballot questions are considered pursuant to the provisions u [ of the Special Election Act." .230848.1 - 2 - HJC/HB 308 SECTION 2.
"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 HJC/HB 308/ec Page 2 Section 73-14-4 NMSA 1978;
[B.] D.
"list compiler" means a contractor approved e t 17 by the board of directors to compile and produce a qualified w l n d 18 elector list for a conservancy district;
= = 19 [C.] E.
"qualified elector" means an individual who a l i a e r 20 owns real property within the benefited area of the conservancy a t m m 21 district and who has provided proof of an ownership interest to d r e 22 one of the sources specified in Subsection B of Section c e s k 23 73-14-20.1 NMSA 1978 within the required time period, or who e a n b 24 resides on and owns legal or equitable title in tribal lands u [ and who is over the age of majority;
.230848.1 - 3 - HJC/HB 308 [D.] F.
and [E.] G.
Section 73-14-20.1 NMSA 1978 (being Laws HJC/HB 308/ec Page 3 1990, Chapter 48, Section 1, as amended) is amended to read:
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 electionelection. [and update the list every thirty days until ninety days before the election, which list the e t 17 county clerk shall use for the election].
An individual who w l n d 18 purchases property ninety days prior to an election and whose = = 19 name does not appear on the qualified elector's list shall not a l i a e r 20 vote in that election.
The individual may become certified to a t m m 21 vote in a future election by filing a deed of title with the d r e 22 appropriate county clerk at least ninety days before the next c e s k 23 conservancy district election.
e a n b 24 B.
Names of qualified electors shall be obtained u [ from the records of the county clerk of the appropriate county, .230848.1 - 4 - HJC/HB 308 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 HJC/HB 308/ec Page 4 before a district election.
e t 17 D.
Proof of ownership of land within the benefited w l n d 18 area requires one of the following:
= = 19 (1) a recorded deed or real estate contract a l i a e r 20 indicating current ownership of land within the benefited area;
a t m m 21 (2) an individual's name on county clerk d r e 22 records indicating a description of property the individual c e s k 23 owns within the benefited area;
e a n b 24 (3) an individual's name on a list compiled by u [ the governing body of a pueblo within the benefited area .230848.1 - 5 - HJC/HB 308 indicating that the individual named is residing on and has legal or equitable title in the pueblo;
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 [appropriateelection countyHJC/HB clerk]308/ec electionPage 5 director or election officer shall distribute the qualified elector's list to each polling place within a pueblo located within the benefited area.
Section 73-14-24 NMSA 1978 (being Laws 1975, e t 17 Chapter 262, Section 7, as amended) is repealed and a new w l n d 18 Section 73-14-24 NMSA 1978 is enacted to read:
= = 19 "73-14-24.
[NEW MATERIAL] TIME AND PROCEDURE FOR a l i a e r 20 ELECTION--RULE ADOPTION--ELECTION DIRECTOR--ELECTION a t m m 21 PROCLAMATION.-- d r e 22 A.
Show all 121 changed lines (81 more)
On the first Tuesday after the first Monday in c e s k 23 May prior to the middle Rio Grande conservancy district e a n b 24 election, an election proclamation shall be published that u [ includes a list of the offices for which a candidate may file, .230848.1 - 6 - HJC/HB 308 the date and place at which declarations of candidacy shall be filed and the date of the election.
The members of the boards of directors created pursuant to provisions of Sections 73-14-18 through 73-14-30 NMSA 1978 shall be elected at an election held on the first Tuesday after the first Monday in October in 2025 and in each HJC/HB 308/ec Page 6 odd-numbered year thereafter.
e t 17 D.
The board of directors shall adopt procedures as w l n d 18 necessary to conduct elections." = = 19 SECTION 5.
Section 73-14-25 NMSA 1978 (being Laws 1975, a l i a e r 20 Chapter 262, Section 8, as amended) is amended to read:
a t m m 21 "73-14-25.
DECLARATION OF CANDIDACY--SIGNATURES OF d r e 22 ELECTORS.-- c e s k 23 A.
A person who desires to become a candidate for e a n b 24 election as a member of the conservancy district board of u [ directors shall file a written declaration of candidacy with .230848.1 - 7 - HJC/HB 308 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 declaration of candidacy shall [becontain: accompanied by:
(1) if a candidatestatement forthat a position representing a county in the conservancycandidate district,is a petitionqualified signedelector byof atthe leastdistrict seventy-fiveand qualifiedmeets electorsthe qualifications of thea districtdirector whoas residerequired inby thatlaw; county;
orHJC/HB (2)308/ec ifPage a7 candidate(2) for the positioncandidate's atname, largeaddress, incounty theof conservancyresidence district,and adate petitionof signeddeclaration byof atcandidacy; least one hundred twenty-five qualified electors] contain:
(1)(3) a statement that the candidatenumerical isdesignation a qualified elector of the districtposition andon meets the qualificationsboard eof tdirectors 17for ofwhich athe directorperson asdesires requiredto bybe law;a candidate;
w(4) lif na dcandidate 18for (2)a position representing a county in the candidate'sconservancy name,district, address,a countypetition ofsigned =by =at 19least residenceseventy-five andqualified dateelectors of declarationthe ofdistrict candidacy;who reside in that county;
a l i a e r 20 (3) the numerical designation of the position a t m m 21 on the board of directors for which the person desires to be a d r e 22 candidate;
c e s k 23 (4) if a candidate for a position representing e a n b 24 a county in the conservancy district, a petition signed by at u [ least seventy-five qualified electors of the district who .230848.1 - 8 - HJC/HB 308 reside in that county;
[NEW MATERIAL] ELECTIONS.--The board of directors of the conservancy district shall conduct the election pursuant to Sections 73-14-18 through 73-14-30 NMSA 1978 and shall select an election director as defined in Section 73-14-20 NMSA 1978 to provide election services.
The election may be conducted by paper ballot, electronic voting e t 17 machine or any other state-certifiedHJC/HB tabulating308/ec votingPage w8 lstate-certified ntabulating dvoting 18 machine." = = 19 SECTION 7.
Section 73-14-57 NMSA 1978 (being Laws 1943, a l i a e r 20 Chapter 126, Section 4, as amended) is amended to read:
a t m m 21 "73-14-57.
DEFINITION OF "QUALIFIED ELECTORS"ELECTORS".--The [QUALIFIED d r e 22 ELECTOR LIST].--[A.] The term "qualified electors", as used in c e s k 23 Sections 73-14-54 through 73-14-69 NMSA 1978, means only those e a n b 24 persons who have reached the age of majority and, for at least u [ six months prior to the election, have owned, during the entire .230848.1six- -month 9 - HJC/HB 308 six-month period, real property situated within the district that is subject to conservancy district appraisals, assessments, levies and taxes.taxes." SECTION 8.
[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.
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] e t 17 secretary of the board of directors then in office a written w l n d 18 notice of candidacy, which shall state the candidate's name and = = 19 residence and the term for which the candidate is running a l i a e r 20 within the conservancy district.
If the candidate is a a t m m 21 candidate at large, the candidate's notice of candidacy shall d r e 22 be signed by twenty qualified electors resident within the c e s k 23 district.
If the candidate is a candidate only from that e a n b 24 portion of the district that lies within one county, the uHJC/HB [308/ec Page 9 candidate's notice of candidacy shall be signed by ten .230848.1 - 10 - HJC/HB 308 qualified electors who reside within that particular portion of the district and county from which the candidate seeks to be elected." SECTION 9.
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.
e t 17 B.
Not less than thirty days prior to said w l n d 18 election, the board of directors then in office shall meet and, = = 19 by written resolution, which shall be preserved among the a l i a e r 20 permanent records of the board, select a voting place within a t m m 21 each voting precinct or voting division thereof within the d r e 22 conservancy district and shall select three judges of election c e s k 23 to conduct the election at the place so selected.
Those judges e a n b 24 shall be qualified electors, as herein defined, and residents u [ of the precinct within which they are appointed toHJC/HB act308/ec andPage .230848.110 -to 11act -and HJC/HB 308 shall serve without pay.
[NEW MATERIAL] ELECTION RULES AND PROCEDURES--FORMS--NOTICEPROCEDURES--FORMS-- NOTICE OF ELECTION--BALLOTS--POLLING PLACES--ABSENTEE VOTING--CANVASS OF ELECTION RETURNS--RETURNS--CERTIFICATION.--The CERTIFICATION.--The board of directors may promulgate necessary e t 17 and reasonable rules for the administration of its elections, w l n d 18 including provisions for:
= = 19 selection of election judges;
opening and closing of polling a l i a e r 20 places;
mail or absentee a t m m 21 voting;
canvassing of d r e 22 election returns;
and certification of elections." c e s k 23 SECTION 11.
Section 73-14-71 NMSA 1978 (being Laws 1961, e a n b 24 Chapter 67, Section 3, as amended) is amended to read:
uHJC/HB [308/ec Page 11 "73-14-71.
DEFINITION OF "QUALIFIED ELECTOR"--QUALIFIED .230848.1 - 12 - HJC/HB 308 ELECTOR LIST.--[A.]LIST.--As 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.taxes." SECTION 12.
[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.
ELECTIONS--WHEN HELD.-- e t 17 A.
The first election for conservancy districts w l n d 18 existing on July 1, 1961 and eligible under the provisions of = = 19 Section 74-14-74 NMSA 1978 to have an elected board of a l i a e r 20 directors shall be held on the first Tuesday in October 1961.
a t m m 21 B.
Subsequent elections shall be held [pursuant to d r e 22 the Local Election Act] every two years following the year 1961 c e s k 23 and shall be held on the first Tuesday of October.
e a n b 24 C.
Conservancy districts formed after July 1, 1961 u [ shall hold their first election as provided in Section 73-14-74 .230848.1 - 13 - HJC/HB 308 NMSA 1978." SECTION 13.
No election shall be held in an existing HJC/HB 308/ec Page 12 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.
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.
e t 17 "73-14-78.
NOTICE OF CANDIDACY--SIGNATURES OF ELECTORS.-- w l n d 18 A.
Any qualified elector who desires to become a = = 19 a l candidate for election as a member of a conservancy district i a e r 20 board of directors shall file a written notice of candidacy a t m m 21 with the [proper filing officer in accordance with the d r e 22 provisions of the Local Election Act] secretary of the board at c e s k 23 least twenty days before the election.
e a n b 24 B.
u [ (1) the candidate's name and address;
and .230848.1 - 14 - HJC/HB 308 (2) the numerical designation of the office position on the board for which the person desires to be a candidate.
In addition to the requirements of Subsection B of this section, a notice for candidacy shall be signed by at HJC/HB 308/ec Page 13 least ten qualified electors within the conservancy district." SECTION 15.
[NEW MATERIAL] ELECTION RULES AND PROCEDURES--FORMS--NOTICEPROCEDURES--FORMS-- NOTICE OF ELECTION--BALLOTS--POLLING PLACES--ABSENTEE VOTING--CANVASS OF ELECTION RETURNS--RETURNS--CERTIFICATION.--The CERTIFICATION.--The board of directors may promulgate necessary and reasonable rules for the administration of its elections, including provisions for:
mail or absentee e t 17 voting;
canvassing of w l n d 18 election returns;
and certification of elections." = = 19 SECTION 16.
Section 73-18-27 NMSA 1978 (being Laws 1955, a l i a e r 20 Chapter 281, Section 3, as amended) is amended to read:
a t m m 21 "73-18-27.
ELECTIONS.--In each odd-numbered year after d r e 22 1955, elections shall be called and conducted pursuant to the c e s k 23 [Local Election Act] provisions of Sections 73-18-25 through e a n b 24 73-18-43 NMSA 1978 for the election of directors to succeed any u [ directors whose terms expire in that year.
Elections shall be .230848.1 - 15 - HJC/HB 308 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 HJC/HB 308/ec Page 14 necessary qualified electors of each election precinct to act as judges of the election in each precinct.
DIRECTOR-AT-LARGE AND MUNICIPAL DIRECTORDIRECTOR.-- [QUALIFIED ELECTOR LIST].-- A.
The director to represent the municipality and e t 17 the director-at-large for the period from October 1955 to w l n d 18 October 1957 shall be selected at the September 1955 meeting by = = 19 the board of directors of the conservancy district as it exists a l i a e r 20 prior to the election.
The members shall be elected from the a t m m 21 membership of the previously existing board if there are d r e 22 qualified members of the board willing to serve for the c e s k 23 additional two years.
If there are no members of the existing e a n b 24 board willing to serve for the additional period of two years u [ or if there is only one, the existing board may select one or .230848.1 - 16 - HJC/HB 308 both of the directors from qualified electors of the district for the position or positions.
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 HJC/HB 308/ec Page 15 a director-at-large shall be elected from the qualified electors of the district.
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.land." SECTION 18.
[D.Section 73-18-34 NMSA 1978 (being Laws 1955, Chapter 281, Section 10, as amended) is amended to read:
The"73-18-34. conservancy district shall compile and deliver a qualified elector list to the appropriate county e t 17 clerk no later than one hundred eighty days before an election, w l n d 18 and update the list every thirty days until ninety days before = = 19 the election, which list the county clerk shall use for that a l i a e r 20 election.]" a t m m 21 SECTION 18.
SectionBECOMING 73-18-34A NMSACANDIDATE 1978FOR (beingDIRECTOR.--Any Lawsperson 1955,wishing dto rbecome ea 22candidate Chapterfor 281,the Sectionoffice 10,of asdirector amended)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 stating the election precinct for which the person is amendeda 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 read:represent.
c e s k 23 "73-18-34.
BECOMING A CANDIDATE FOR DIRECTOR.--Any person e a n b 24 wishing to become a candidate for the office of director in any u [ district shall by the last Friday of July before the election .230848.1 - 17 - HJC/HB 308 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.
Section 73-18-41 NMSA 1978 (being Laws HJC/HB 308/ec Page 16 1955, Chapter 281, Section 17, as amended) is amended to read:
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, e t 17 county or precinct as a qualification of an elector in offering w l n d 18 to vote." = = 19 SECTION 20.
A new Section 73-18-41.1 NMSA 1978 is enacted a l i a e r 20 to read:
a t m m 21 "73-18-41.1.
[NEW MATERIAL] ELECTION RULES AND dPROCEDURES--FORMS-- rNOTICE e 22 PROCEDURES--FORMS--NOTICE OF ELECTION--BALLOTS--POLLING c e s k 23 PLACES--ABSENTEE VOTING--CANVASS OF ELECTION RETURNS--RETURNS--CERTIFICATION.--The e a n b 24 CERTIFICATION.--The board of directors may promulgate necessary u [ and reasonable rules for the administration of its elections, .230848.1 - 18 - HJC/HB 308 including provisions for:
-HJC/HB 19308/ec -Page 10 12 14 16 e t 17 w25 l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .230848.1
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Action History
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Signed
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passed Senate
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DO PASS committee report adopted
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DO PASS committee report adopted
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Sent to Senate Rules Committee & Senate Conservation Committee
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passed House
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DO NOT PASS, replaced with committee substitute
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DO PASS committee report adopted
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Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee
Sponsors
- Pat Woods · Primary
- Gail Armstrong · Primary
- Derrick J. Lente · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 109 not signed on
Sponsors (3)
- Pat Woods Republican
- Gail Armstrong Republican
- Derrick J. Lente Democrat
Co-sponsors (0)
None.
Not signed on (109)
109 members have not signed on to this bill.
Show all 109 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 308?
- HB 308 is sponsored by Pat Woods (Republican), Gail Armstrong (Republican), and Derrick J. Lente (Democrat).
- What is the current status of HB 308?
- This bill has been enacted into law. Introduced February 05, 2025. Enacted.
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