HB 98 — LOCAL ELECTION ACT

tB. e a t [(3) countywide special elections;

When precincts are consolidated for a primary and mgeneral melection 21or ea dregular (4)local electionselection, tothe fillresolution vacanciesrequired by Section 1-3-2 NMSA 1978, in addition to the officeother rmatters erequired 22by claw, eshall rstate ctherein 23which precincts have been consolidated and the designation of Unitedthe Statespolling representative.place.

eIn aaddition, nwhen bconsolidating 24precincts: B.

Precincts may be consolidated by the governing u [ body of a municipality for municipal candidate and bond .209797.3 - 6 - HLELC/HB 98 elections, unless otherwise prohibited.

C.

Precincts may be consolidated by the local school board for school district candidate and bond elections, unless otherwise prohibited.

D.] B.

When precincts are consolidated for a primary and general election or a regular local election , the resolution required by Section 1-3-2 NMSA 1978, in addition to the other matters required by law, shall state therein which precincts have been consolidated and the designation of the polling place.

In addition, when consolidating precincts [for primary and general elections]:

(2) each consolidated precinct in a primary or general election shall be composed of no more than ten e e 17 precincts;

e e n d 18 (3) each consolidated precinct in a local = = l ] 19 election shall be composed of no more than twenty precincts;

a l r i 20 [(3)] (4) each consolidated precinct shall t e a t comply with the provisions of Section 1-3-7 NMSA 1978;

m m 21 e d [(4)] (5) each consolidated precinct polling r e 22 c e r c 23 location shall have a broadband internet connection and real-real-time e a n b 24 time access to the statewide voter registration electronic u [ management system;

.209797.3 - 7 - HLELC/HB 98 [(5)] (6) the county clerk may maintain any alternative voting locations previously used in the same HLELC/HB98 Page 6 election open for voting on election day for any voter in the county, in addition to the polling location established in each consolidated precinct;

and [(6)] (7) the board of county commissioners may permit rural precincts to be exempted from operating as or being a part of a consolidated precinct;

provided that if the precinct is not designated as a mail ballot election precinct pursuant to Section 1-6-22.1 NMSA 1978 and the polling place for the rural precinct does not have real-time access to the statewide voter registration electronic management system, voters registered in a rural precinct as described in this paragraph are permitted to vote in any consolidated precinct polling location on election day only by use of a provisional paper ballot, which shall be counted after the county clerk e e 17 confirms that the voter did not also vote in the rural e e n d 18 precinct.

=C. = l ] 19 [E.

WhenUnless precinctsthe are consolidated for a municipal a l r i 20 election, school election or special county election,clerk thereceives t e a twritten proclamation,waiver infrom addition to the othersecretary mattersof required by law, m m 21 e d shall state whichspecifying precinctsthe havelocation been consolidated and thespecific rprovision ebeing 22waived, ceach econsolidated rprecinct c 23 designation of the polling place.location shall:

Precincts(1) consolidatedhave forballots aavailable efor avoters nfrom bevery 24precinct municipalthat election,is schoolable election or special county election u [ may allow any voter to vote in anythe consolidated precinctprecinct; in the .209797.3 - 8 - HLELC/HB 98 county, which shall be stated in the proclamation.

F.(2) have at least one optical scan tabulator programmed to read every ballot style able to be cast in the HLELC/HB98 Page 7 consolidated precinct;

When(3) precinctshave areat consolidatedleast forone avoting statewidesystem specialavailable election or for a special election to fillassist adisabled vacancyvoters in the office of United States representative, within twenty-one days after the proclamation of election is issued by the governor, the board of county commissioners shall pass a resolution that, in addition to othercast matters required by law, shall state which precincts have been consolidated and therecord designationtheir ofvotes; the polling place.

Precincts(4) consolidatedhave forsufficient aspaces statewide special election or for aat specialleast electionfive tovoters fill a vacancy in the office of United States representative may allow any voter to votesimultaneously inand anyprivately consolidatedmark precincttheir inballots, thewith county,at whichleast shallone beof statedthose inspaces thewheelchair-accessible; resolution.

G.] C.

Unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived, each consolidated precinct e e 17 polling location shall:

e e n d 18 (1) have ballots available for voters from = = l ] 19 every precinct that is able to vote in the consolidated a l r i 20 precinct;

t e a t (2) have at least one optical scan tabulator m m 21 e d programmed to read every ballot style able to be cast in the r e 22 c e r c 23 consolidated precinct;

e a n b 24 (3) have at least one voting system available u [ to assist disabled voters to cast and record their votes;

.209797.3 - 9 - HLELC/HB 98 (4) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible;

and (8) be in a location that is accessible and e e 17 compliant with the requirements of the federal Americans with e e n d 18 Disabilities Act of 1990.

= = l ] 19 [H.] D.

As a prerequisite to consolidation, the a l r i 20 authorizing resolution must find that consolidation will make t e a t voting more convenient and accessible to voters of the mHLELC/HB98 mPage 218 e d consolidated precinct and [does ] will not result in delays for r e 22 c e r c 23 voters in the voting process and that the consolidated precinct e a n b 24 voting location will be centrally located within the u [ consolidated precinct." .209797.3 - 10 - HLELC/HB 98 SECTION 5.

If no public building or public school building is available, the board of county commissioners shall provide some other suitable place, which shall be the most convenient e e 17 and appropriate place obtainable in the precinct, considering e e n d 18 the purpose for which it is to be used pursuant to the Election = = l ] 19 Code.

a l r i 20 D.

If, in a precinct that is not a mail ballot tHLELC/HB98 ePage a9 t election precinct or a consolidated precinct, there is no m m 21 e d public building or public school building available in the r e 22 c e r c 23 precinct, and there is no other suitable place obtainable in e a n b 24 the precinct, the board of county commissioners may designate u [ as a polling place for the precinct the most convenient and .209797.3 - 11 - HLELC/HB 98 suitable building or public school building nearest to that precinct that can be obtained.

Section 1-6-1 NMSA 1978 (being Laws 1969, e e 17 Chapter 240, Section 127) is amended to read:

e e n d 18 "1-6-1.

ABSENT VOTER ACT--SHORT TITLE.--[SectionsTITLE.-- 3-6-1 = = l ] 19 through 3-6-17 NMSA 1953] Chapter 1, Article 6 NMSA 1978 may be a l r i 20 cited as the "Absent Voter Act"." t e a t SECTION 7.

Section 1-6B-1 NMSA 1978 (being Laws 2015, mHLELC/HB98 mPage 2110 e d r e 22 Chapter 145, Section 25) is amended to read:

c e r c 23 "1-6B-1.

SHORT TITLE.--[SectionsTITLE.--Chapter 25 through 41 of this e a n b 24 act] Chapter 1, Article 6B NMSA 1978 may be cited as the u [ "Uniform Military and Overseas Voters Act"." .209797.3 - 12 - HLELC/HB 98 SECTION 8.

"appropriate clerk" means [a ] the county clerk [for elections conducted pursuant to the Election Code and a municipal clerk for elections conducted pursuant to the Municipal Election Code] of the county in which the federal qualified elector is eligible to vote;

e e 17 (1) a federal write-in absentee ballot;

or e e n d 18 (2) a ballot sent to a federal qualified = = l ] 19 elector by the appropriate clerk and cast in accordance with a l r i 20 the provisions of the Uniform Military and Overseas Voters Act;

t e a t E.

"state" means a state of the United States, the m m 21 e d District of Columbia, Puerto Rico, the United States VirginHLELC/HB98 rPage e11 22Virgin c e r c 23 Islands or any territory or insular possession subject to the e a n b 24 jurisdiction of the United States;

and u [ F.

"United States", used in the territorial sense, .209797.3 - 13 - HLELC/HB 98 means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States." SECTION 9.

The procedures in the Uniform Military and Overseas Voters Act apply to elections conducted pursuant to the Election CodeCode. [and the Municipal Election Code ].

The form of the military-overseas ballot shall e e 17 be the same as the ballot provided to all other voters.

The e e n d 18 form of the military-overseas ballot materials shall be the = = l ] 19 same as the ballot materials provided to all other voters, a l r i 20 except as required by the Uniform Military and Overseas Voters t e a t Act.

m m 21 e d D.

To receive the benefits of the Uniform MilitaryHLELC/HB98 rPage e12 22Military c e r c 23 and Overseas Voters Act, a federal qualified elector shall e a n b 24 inform the appropriate clerk that the individual is a federal u [ qualified elector.

Methods of informing the appropriate clerk .209797.3 - 14 - HLELC/HB 98 include:

e e 17 "1-6B-4.

ROLE OF SECRETARY OF STATE--FEDERAL UNIFORMED e e n d 18 AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.-- = = l ] 19 A.

The secretary of state shall make available to a l r i 20 federal qualified electors information regarding voter t e a t registration procedures for federal qualified electors and m m 21 e d procedures for casting military-overseas ballots.

rHLELC/HB98 ePage 2213 c e r c 23 B.

The secretary of state shall establish an e a n b 24 electronic transmission system through which a federal u [ qualified elector may apply for and receive voter registration .209797.3 - 15 - HLELC/HB 98 materials, military-overseas ballots and other information pursuant to the Uniform Military and Overseas Voters Act.

The secretary of state shall ensure that the electronic transmission system is capable of accepting a federal postcard application, any other approved electronic registration application and any other approved electronic military-overseas ballot application sent to a county clerkclerk. [or municipal clerk ].

The secretary of state may, to the extent reasonably possible, coordinate with other states to develop standardized absentee-voting materials, including privacy and transmission envelopes and e e 17 their electronic equivalents, authentication materials and e e n d 18 voting instructions, to be used with the military-overseas = = l ] 19 ballot of a voter authorized to vote in any jurisdiction in a l r i 20 this state.

t e a t D.

The secretary of state shall prescribe the form m m 21 e d and content of a declaration for use by a federal qualifiedHLELC/HB98 rPage e14 22qualified c e r c 23 elector to swear or affirm specific representations pertaining e a n b 24 to the voter's identity, eligibility to vote, status as a u [ federal qualified elector and timely and proper completion of a .209797.3 - 16 - HLELC/HB 98 military-overseas ballot.

provided that only the official mailing envelope for absentee e e 17 ballots in a primary election shall contain a designation of e e n d 18 party affiliation;

= = l ] 19 (3) absentee ballot instructions describing a l r i 20 the proper methods for completion and return of the ballot, t e a t including instructions for those federal qualified electors mHLELC/HB98 mPage 2115 e d returning a ballot electronically;

r e 22 c e r c 23 (4) official transmittal envelopes for use by e a n b 24 the appropriate clerk in mailing absentee ballot materials;

and u [ (5) official holding envelopes for ballots .209797.3 - 17 - HLELC/HB 98 returned electronically by federal qualified electors." SECTION 11.

A federal qualified elector who is currently registered to vote in this state may, by the deadline specified in the Absent Voter Act [or Municipal Election Code ] for receipt of absentee ballot applications, apply for a military-overseas ballot by:

(1) using an absentee ballot application pursuant to the Absent Voter ActAct; [or Municipal Election Code ];

or (3) using the declaration accompanying a e e 17 federal write-in absentee ballot as an application for a e e n d 18 military-overseas ballot simultaneously with the submission of = = l ] 19 the federal write-in absentee ballot.

a l r i 20 B.

A federal qualified elector who is not currently t e a t registered to vote in this state may, by the HLELC/HB98 Page 16 deadline in the m m 21 e d Election Code for registering to vote, simultaneously register r e 22 c e r c 23 to vote and apply for a military-overseas ballot by using a e a n b 24 federal postcard application or the application's electronic u [ equivalent.

.209797.3 - 18 - HLELC/HB 98 C.

An application for a military-overseas ballot is effective as an automatic application for a military-overseasmilitary- overseas ballot for a top-two runoff election necessary to conclude the election for which the application was submitted." SECTION 12.

Not later than forty-five days before an election, even if the forty-fifth day before an election falls on a weekend or a holiday, the appropriate clerk shall transmit a ballot and balloting materials to all federal qualified e e 17 electors who by that date submit a valid military-overseas e e n d 18 ballot application.

= = l ] 19 B.

The appropriate clerk shall transmit a ballot a l r i 20 and balloting materials as soon as practicable when the ballotHLELC/HB98 tPage e17 aballot t application from a federal qualified elector arrives after the m m 21 e d forty-fifth day before the election and before absentee ballots r e 22 c e r c 23 are transmitted to other voters pursuant to the Absent Voter eAct. a n b 24 Act [or the provisions of the Municipal Election Code ].

u [ C.

The appropriate clerk shall transmit a ballot .209797.3 - 19 - HLELC/HB 98 and balloting materials in accordance with the procedures for processing of all other absentee ballot applications for that jurisdiction when the ballot application from a federal qualified elector arrives after the appropriate clerk has begun transmitting ballots and balloting materials to other voters.

The clerk shall determine the most reasonable expedited means of delivery for a ballot and balloting materials for a federal qualified elector who does not request a particular means of e e 17 transmission." e e n d 18 SECTION 13.

Section 1-12-71 NMSA 1978 (being Laws 1977, = = l ] 19 Chapter 222, Section 7, as amended) is amended to read:

aHLELC/HB98 lPage r18 i 20 "1-12-71.

RESTRICTION ON LOCAL GOVERNMENT ELECTIONS.--No t e a t municipal, [school ] county or special district election or m m 21 e d special local election shall be held within [fifty] seventy rdays eprior 22to cor efollowing rany cstatewide 23election and no municipal top-two runoff election may be held within fifty days prior to or following any statewide election.

This e a n b 24 section does not prohibit a local government ballot question u [ authorized by the board of county commissioners from appearing .209797.3 - 20 - HLELC/HB 98 on the general election ballot or regular local election ballot.

Whenever any candidate [for any office for which the state canvassing board or county canvassing board issues a certificate of nomination or election] believes that any error or fraud has been committed by any precinct board in counting or tallying the ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the election in the precinct have not been correctly determined, declared or certified, the candidate, within six days after completion of e e 17 the canvass by the proper canvassing board, may have a recount e e n d 18 of the ballots, or a recheck of the votes shown on theHLELC/HB98 votingPage =19 =the lvoting ] 19 machines, that were cast in the precinct.

a l r i 20 B.

In the case of any office for which the state t e a t canvassing board issues a certificate of nomination or m m 21 e d election, application for recount or recheck shall be filed r e 22 c e r c 23 with the secretary of state.

e a n b 24 C.

In the case of any office for which the county u [ canvassing board or secretary of state issues a certificate of .209797.3 - 21 - HLELC/HB 98 nomination or election, application for recount or recheck shall be filed with the district judge for the county in which the applicant resides." SECTION 15.

The form for ballots on those questions not statewide in application to be submitted to the voters of [the ] a county or local government shall be furnished by the county clerk, and a copy of the resolution proposing [such ] the question shall be sent by the county clerk to the secretary of state not less than [thirty ] seventy days prior to the election.

In each case, the ballots shall conform as nearly as e e 17 practicable to the form required for ballots on proposed e e n d 18 constitutional amendments.

=HLELC/HB98 =Page l20 ] 19 B.

In no case shall a nonbinding or merely advisory a l r i 20 question be placed on the ballot for any election held pursuant t e a t to the Election Code." m m 21 e d SECTION 16.

Section 1-22-1 NMSA 1978 (being Laws 1985, r e 22 c e r c 23 Chapter 168, Section 3) is repealed and a new Section 1-22-1 e a n b 24 NMSA 1978 is enacted to read:

u [ "1-22-1.

[NEW MATERIAL ] SHORT TITLE.--Chapter 1, Article .209797.3 - 22 - HLELC/HB 98 22 NMSA 1978 may be cited as the "Local Election Act"." SECTION 17.

[NEW MATERIAL ] DEFINITIONS.--As used in the Local Election Act:

"local government" means a school district, a special hospital district, a community college district, a technical and vocational institute district, a learning center district, an arroyo flood control district, a special zoning district, a soil and water conservation district, a water and sanitation district and a municipality, including a home rule e e 17 municipality governed pursuant to Article 10, Section 6 of the e e n d 18 constitution of New Mexico, a municipality operatingHLELC/HB98 pursuantPage =21 =operating lpursuant ] 19 to a territorial charter or special charter and, beginning July a l r i 20 1, 2022, a conservancy district governed pursuant to Chapter t e a t 73, Article 14 or 18 NMSA 1978 and a watershed district m m 21 e d governed pursuant to the Watershed District Act;

r e 22 c e r c 23 D.

"municipal officers" means the local governing e a n b 24 body and any executive and judicial officers of a municipality;

u [ and .209797.3 - 23 - HLELC/HB 98 E.

[NEW MATERIAL ] REGULAR LOCAL ELECTIONS--SPECIAL LOCAL ELECTIONS--BALLOT QUESTIONS--QUALIFICATIONS OF CANDIDATES.-- A.

No person shall become a candidate in a local election unless the person's record of voter e e 17 registration shows that the person is a qualified elector of e e n d 18 the state, physically resides in the district in whichHLELC/HB98 thePage =22 =which lthe ] 19 person is a candidate and was registered to vote in the a l r i 20 district on the date the proclamation calling a local election t e a t is filed in the office of the secretary of state.

m m 21 e d C.

In addition to candidates in the election, a r e 22 c e r c 23 regular local election ballot may contain ballot questions e a n b 24 proposed by the state, county or local government or as u [ otherwise provided by law.

An election on a ballot question .209797.3 - 24 - HLELC/HB 98 held at any time other than the date for a regular local election shall be held with the general electionelection, oras shallprovided beby alaw, specialor localmunicipal officer election called,if conductedauthorized andby canvassedthe asgoverning providedbody inof Chapterthe 1,municipality; Article 24 NMSA 1978.

or shall be a special local election called, conducted and canvassed as provided in Chapter 1, Article 24 NMSA 1978.

[NEW MATERIAL ] REGULAR LOCAL ELECTION--ELECTION--MUNICIPAL MUNICIPAL OFFICER ELECTION--PROCLAMATION--PUBLICATION.-- eHLELC/HB98 ePage 1723 A.

The secretary of state shall by resolution issue e e n d 18 a public proclamation in Spanish and English calling a regular = = l ] 19 local election on the date prescribed by the Local Election a l r i 20 Act.

The proclamation shall be filed by the secretary of state t e a t in the office of the secretary of state ninety days preceding m m 21 e d the date of the regular local election.

r e 22 c e r c 23 B.

Between one hundred twenty and one hundred fifty e a n b 24 days before the next local election, each local government u [ shall notify the secretary of state of all local government .209797.3 - 25 - HLELC/HB 98 positions that are to be filled at the next election for that local government.

and (6) municipalities subject to a ranked-choiceranked- choice voting runoff election and those subject to a top-two runoff election, and the date of the top-two runoff election should one be necessary.

eHLELC/HB98 ePage 1724 D.

After receipt of the proclamation from the e e n d 18 secretary of state, the county clerk shall post the entire = = l ] 19 proclamation on the county clerk's website and, not less than a l r i 20 seventy-five days before the date of the election, shall t e a t publish portions of the proclamation relevant to the county at m m 21 e d least once in a newspaper of general circulation within the r e 22 c e r c 23 county.

The publication of the proclamation shall conform to e a n b 24 the requirements of the federal Voting Rights Act of 1965, as u [ amended, and shall specify the:

.209797.3 - 26 - HLELC/HB 98 (1) date when the election will be held;

Whenever two or more members of a local eHLELC/HB98 ePage 1725 governing body are to be elected at large for terms of the same e e n d 18 length of time, the secretary of state shall numerically = = l ] 19 designate the positions on the ballot as "position one", a l r i 20 "position two" and such additional consecutively numbered t e a t positions as are necessary, but only one member shall be m m 21 e d elected for each position.

Whenever two or more members of a r e 22 c e r c 23 local governing body are to be elected to represent the same e a n b 24 area with terms of different lengths of time, the secretary of u [ state shall list the office with the shorter length of time .209797.3 - 27 - HLELC/HB 98 first and shall designate each position with "for a term expiring ___"." SECTION 20.

[NEW MATERIAL ] DECLARATION OF CANDIDACY--FILING DATE--PENALTY.--DATE-- PENALTY.-- A.

A declaration of candidacy shall not be amendedHLELC/HB98 ePage e26 17amended after it has been filed with the proper filing officer.

e e n d 18 D.

Whoever knowingly makes a false statement in a = = l ] 19 declaration of candidacy is guilty of a fourth degree felony a l r i 20 and shall be sentenced pursuant to the provisions of Section t e a t 31-18-15 NMSA 1978." m m 21 e d SECTION 21.

Section 1-22-8 NMSA 1978 (being Laws 1985, r e 22 c e r c 23 Chapter 168, Section 10, as amended) is repealed and a new e a n b 24 Section 1-22-8 NMSA 1978 is enacted to read:

u [ "1-22-8.

[NEW MATERIAL ] DECLARATION OF CANDIDACY--SWORN .209797.3 - 28 - HLELC/HB 98 STATEMENT OF INTENT--FORM.--In making a declaration of candidacy, the candidate shall submit a sworn statement of intent in substantially the following form:

I desire to become a candidate for the office of __________________ at the local election to be held on the HLELC/HB98 Page 27 date set by law;

e e 17 I will be eligible and legally qualified to hold this e e n d 18 office at the beginning of its term;

and = = l ] 19 I make the foregoing affidavit under oath, knowing that a l r i 20 any false statement herein constitutes a felony punishable t e a t under the criminal laws of New Mexico.

m m 21 e d _______________________ r e 22 c e r c 23 (Signature of Declarant) e a n b 24 _______________________ u [ (Mailing Address) .209797.3 - 29 - HLELC/HB 98 _______________________ (Residence Address) Subscribed and sworn to before me by _________________ this ______ day of ________________, 20 ______.

[NEW MATERIAL ] WRITE-IN CANDIDATES.-- A.

A person may be a write-in candidate only if the person has the qualifications to be a candidate for the HLELC/HB98 Page 28 position for which the person is running.

e e 17 C.

A person desiring to be a write-in candidate for e e n d 18 an office shall file with the proper filing officer a = = l ] 19 declaration of candidacy.

The declaration shall be filed a l r i 20 between 9:00 a.m.

on the sixty-third day t e a t preceding the date of the election.

The county clerk shall m m 21 e d ensure that a declaration of candidacy filed pursuant to this r e 22 c e r c 23 section specifies that it is for a write-in candidate.

e a n b 24 D.

A write-in vote shall be counted and canvassed u [ only if:

.209797.3 - 30 - HLELC/HB 98 (1) the name written in is the name of a declared write-in candidate and shows two initials and last name;

At the time of filing the declaration of candidacy, the write-in candidate shall be considered a HLELC/HB98 Page 29 candidate for all purposes and provisions relating to e e 17 candidates in the Local Election Act except that the write-in e e n d 18 candidate's name shall not be printed on the ballot nor posted = = l ] 19 in any polling place.

a l r i 20 F.

A write-in vote shall be cast by writing in the t e a t name.

As used in this section, "write-in" does not include the m m 21 e d imprinting of any name by rubber stamp or similar device or the r e 22 c e r c 23 use of a preprinted sticker or label.

e a n b 24 G.

No unopposed write-in candidate shall have an u [ election certified unless the candidate receives at least the .209797.3 - 31 - HLELC/HB 98 number of write-in votes equal to ten percent of the total number of ballots on which the office appears on the ballot that are cast in the local election, or one hundred." SECTION 23.

[NEW MATERIAL ] WITHDRAWAL OF CANDIDATES.--A candidate seeking to withdraw from a local election shall withdraw no later than the sixty-third day before that election by filing a signed and notarized statement of withdrawal with the proper filing officer." SECTION 24.

[NEWBALLOTS.-- MATERIALHLELC/HB98 ]Page BALLOTS.--30 A.

The proper filing officer shall determine e e 17 whether a candidate filing a declaration of candidacy is e e n d 18 registered to vote within the local election district and, if = = l ] 19 required for the office being sought, whether the candidate's a l r i 20 nominating petition for that office has been filed with a t e a t number of signatures that is equal to or greater than the m m 21 e d r e 22 number required for that office.

If the candidate is so c e r c 23 qualified and no withdrawal of candidacy has been filed as e a n b 24 provided in the Local Election Act, the proper filing officer u [ shall place the candidate's name on the ballot for the position .209797.3 - 32 - HLELC/HB 98 specified in the declaration of candidacy and notify each candidate in writing no later than 5:00 p.m.

HLELC/HB98 Page 31 C.

Paper ballots shall be printed in a form in substantial compliance with the provisions of Section 1-10-12 e e 17 NMSA 1978 and in compliance with the provisions of the federal e e n d 18 Voting Rights Act of 1965, as amended.

= = l ] 19 D.

A local election shall be a nonpartisan a l r i 20 election, and the names of all candidates shall be listed on t e a t the ballot without party or slate designation.

The order in m m 21 e d which the names of candidates are listed on the ballot shall be r e 22 c e r c 23 determined by the secretary of state either by lot or by e a n b 24 randomization as provided by rule.

u [ E.

Space shall be provided on each ballot for a .209797.3 - 33 - HLELC/HB 98 voter to write in the name of one candidate for each position to be filled when a declaration of candidacy by a write-in candidate has been filed." SECTION 25.

[NEW MATERIAL ] BALLOT ORDER.-- A.

(4) special district elections listed in HLELC/HB98 Page 32 order by voting population of each special district, with the most populous listed first and the least populous listed last;

and e e 17 (5) in the order prescribed by the secretary e e n d 18 of state:

= = l ] 19 (a) county questions;

a l r i 20 (b) local government questions;

and t e a t (c) other ballot questions authorized by m m 21 e d law.

r e 22 c e r c 23 B.

A board of county commissioners shall permit e a n b 24 local government questions on the local election ballot;

u [ provided that there is sufficient space on a single page ballot .209797.3 - 34 - HLELC/HB 98 to accommodate the questions using both sides of the page.

provided that if more than one local government has a question included on the second ballot page, the local governments with questions on HLELC/HB98 Page 33 the second ballot page shall share the costs of providing the second ballot page." SECTION 26.

Section 1-22-11 NMSA 1978 (being Laws 1985, e e 17 Chapter 168, Section 13, as amended) is repealed and a new e e n d 18 Section 1-22-11 NMSA 1978 is enacted to read:

= = l ] 19 "1-22-11.

[NEW MATERIAL ] PUBLICATION.--Each county clerk a l r i 20 shall issue and publish the proclamation listing the name of t e a t each local government that has a candidate or question m m 21 e d appearing on the ballot in that county;

the name of each r e 22 c e r c 23 candidate for membership on each local governing body;

the name e a n b 24 of each candidate for executive or judicial office;

each u [ question to be submitted to the voters;

and the names of the .209797.3 - 35 - HLELC/HB 98 precinct board members for the election.

[NEWWATCHERS--OBSERVERS–CHALLENGERS.-- MATERIALHLELC/HB98 ]Page WATCHERS--OBSERVERS--34 CHALLENGERS.-- A.

Upon written notice filed with the county clerk no later than seven days before the election, any group of e e 17 three candidates in a local election may appoint watchers in a e e n d 18 county who shall have the powers and be subject to the = = l ] 19 restrictions provided for watchers in the Election Code.

a l r i 20 B.

Election observers shall be allowed as otherwise t e a t provided by the Election Code.

m m 21 e d C.

Election challengers appointed by political r e 22 c e r c 23 parties shall not be permitted for elections held pursuant to e a n b 24 the Local Election Act." u [ SECTION 28.

Section 1-22-15 NMSA 1978 (being Laws 1985, .209797.3 - 36 - HLELC/HB 98 Chapter 168, Section 17, as amended by Laws 1987, Chapter 249, Section 49 and also by Laws 1987, Chapter 338, Section 3) is repealed and a new Section 1-22-15 NMSA 1978 is enacted to read:

[NEW MATERIAL ] CANVASSING BOARD--DUTIES.-- A.

and (2) issue a certificate of canvass of the HLELC/HB98 Page 35 results of the election and send one copy of the certified results to:

e e 17 (a) each local governing body receiving e e n d 18 votes in the county;

= = l ] 19 (b) the secretary of state;

a l r i 20 (c) the county clerk;

and t e a t (d) the state canvassing board, if the m m 21 e d results are for candidates or ballot questions voted on by the r e 22 c e r c 23 voters of more than one county.

e a n b 24 C.

The state canvassing board shall meet in the u [ state capitol on the second Tuesday after each local election .209797.3 - 37 - HLELC/HB 98 and proceed to canvass and declare the results of the election or nomination of each candidate or ballot question voted upon by the voters of more than one county.

The secretary of state shall issue the certificate of HLELC/HB98 Page 36 election to the candidate chosen by lot.

If a top-two runoff election is required in a e e 17 municipal election, the canvassing board shall notify the e e n d 18 relevant municipality within ten days following the local = = l ] 19 election.

a l r i 20 F.

Except in the case of a top-two runoff election, t e a t on the twenty-first day following the election, the secretary m m 21 e d of state shall issue a certificate of election or nomination to r e 22 c e r c 23 each candidate who received the most votes for each position on e a n b 24 the ballot and shall certify the passage or defeat of each u [ ballot question." .209797.3 - 38 - HLELC/HB 98 SECTION 29.

[NEW MATERIAL ] MUNICIPAL RUNOFF ELECTIONS.-- A.

When ordered, the top-two runoff election shall be held following the regular HLELC/HB98 Page 37 local election or municipal officer election and allow the voter to select between the two candidates who in the first round of voting e e 17 received the highest number of votes for an office;

and e e n d 18 (2) a ranked-choice runoff election shall be = = l ] 19 conducted on the same ballot as the regular local election or a l r i 20 municipal officer election and allow the voter to rank the t e a t candidates for an office in the order of preference for the m m 21 e d voter.

r e 22 c e r c 23 B.

If a municipality whose laws provide for top-two e a n b 24 runoff elections is notified by the canvassing board that a u [ runoff election is required following the regular local .209797.3 - 39 - HLELC/HB 98 election or municipal officer election, the top-two runoff election shall be conducted in accordance with the provisions of the municipality's ordinance or charter that supplement the Local Election Act, provided that:

A municipality whose laws provide for a runoff HLELC/HB98 Page 38 election shall conduct the election in the manner provided by the municipality's ordinance or charter, provided that a municipality may by ordinance choose between conducting a e e 17 top-two runoff election and a ranked-choice runoff election.

e e n d 18 The ordinance shall be filed with the secretary of state no = = l ] 19 later than January 30 of the year the next regular local a l r i 20 election or municipal officer election is scheduled.

t e a t D.

The secretary of state shall issue rules to m m 21 e d implement top-two and ranked-choice runoff elections." r e 22 c e r c 23 SECTION 30.

Section 1-22-17 NMSA 1978 (being Laws 1985, e a n b 24 Chapter 168, Section 19, as amended) is repealed and a new u [ Section 1-22-17 NMSA 1978 is enacted to read:

.209797.3 - 40 - HLELC/HB 98 "1-22-17.

[NEW MATERIAL ] RECORDS.--The returns and certificates of the result of the canvass of a regular or special local election are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978.

Section 1-22-18 NMSA 1978 (being Laws HLELC/HB98 Page 39 1985, Chapter 168, Section 20, as amended) is repealed and a new Section 1-22-18 NMSA 1978 is enacted to read:

[NEW MATERIAL ] LOCAL ELECTION--DATE TERM OF e e 17 OFFICE BEGINS.--The term of office of a candidate elected in a e e n d 18 regular local election or ensuing top-two runoff election shall = = l ] 19 begin on January 1 following the candidate's election, and the a l r i 20 candidate to whom a certificate of election has been issued t e a t shall take the oath of office before entering upon the duties m m 21 e d of office." r e 22 c e r c 23 SECTION 32.

Section 1-22-19 NMSA 1978 (being Laws 1985, e a n b 24 Chapter 168, Section 21, as amended) is repealed and a new u [ Section 1-22-19 NMSA 1978 is enacted to read:

.209797.3 - 41 - HLELC/HB 98 "1-22-19.

[NEW MATERIAL ] ABSENTEE VOTING--ALTERNATE VOTING LOCATIONS.-- A.

A county clerk shall provide at least one alternate early voting or mobile alternate voting location in a municipality when requested by a municipality in the HLELC/HB98 Page 40 county;

(1) municipality submits a written request to the county clerk no later than January 30 of the year of the e e 17 local election;

e e n d 18 (2) alternate early voting or mobile alternate = = l ] 19 voting location may operate for less than the full early voting a l r i 20 period, to be decided upon between the municipality and the t e a t county clerk;

m m 21 e d (3) location of the alternate early voting or r e 22 c e r c 23 mobile alternate voting location in the municipality conforms e a n b 24 to the requirements for alternate early voting locations;

and u [ (4) municipality provides the facility and .209797.3 - 42 - HLELC/HB 98 services for the alternate early voting or mobile alternate voting location." SECTION 33.

"[NEW"COSTS MATERIAL] COSTS OF ELECTIONS--LOCAL ELECTION ASSESSMENT--LOCAL ELECTION FUND ESTABLISHED.-- A.

(2) paying the administrative costs of the HLELC/HB98 Page 41 office of the secretary of state for administering elections required by the Local Election Act and for administering the local election fund;

and (3) carrying out all other specified e e 17 provisions of the Local Election Act.

e e n d 18 B.

The state treasurer shall invest the local = = l ] 19 election fund as other state funds are invested, and all income a l r i 20 derived from the fund shall be credited directly to the fund.

t e a t Remaining balances at the end of a fiscal year shall remain in m m 21 e d the fund and not revert to the general fund.

r e 22 c e r c 23 C.

Money received from the following sources shall e a n b 24 be deposited directly into the local election fund:

u [ (1) annual assessments imposed on local .209797.3 - 43 - HLELC/HB 98 governments pursuant to Subsection F of this section;

HLELC/HB98 Page 42 E.

In the event that current year balances in the local election fund do not cover the costs of local elections, the secretary of state may apply to the state board of finance for an emergency grant to cover those costs pursuant to Section e e 17 6-1-2 NMSA 1978.

e e n d 18 F.

Each local government whose local governing body = = l ] 19 is elected in the regular local election shall pay an annual a l r i 20 assessment to the secretary of state for deposit into the local t e a t election fund.

The first one-half of the annual assessment m m 21 e d shall be paid no later than thirty days following the close of r e 22 c e r c 23 the sixth month of each fiscal year, and the second one-half of e a n b 24 the annual assessment shall be paid no later than thirty days u [ following the close of each fiscal year.

Assessments are based .209797.3 - 44 - HLELC/HB 98 on a local government's general fund expenditures for each fiscal year;

(1) for a municipality that adopts an ordinance pursuant to Section 1-22-16 NMSA 1978 to have a top-top-two two runoff election, the annual assessment shall be equal to five hundred dollars ($500) per one million dollars HLELC/HB98 Page 43 ($1,000,000) or minor fraction thereof of the municipality's general fund expenditures;

and (2) no assessment shall be paid by a local government with general fund expenditures less than one hundred thousand dollars ($100,000)." e e 17 SECTION 34.

A new section of the Local Election Act is e e n d 18 enacted to read:

="MUNICIPAL = l ] 19 "[NEW MATERIAL] MUNICIPAL OFFICER ELECTION DAY--DAY--PROCEDURES-- aEXCEPTIONS.-- l r i 20 PROCEDURES--EXCEPTIONS.-- t e a t A.

ExceptAll asmunicipalities providedshall inelect Subsectiontheir B of this m m 21 e d section, a municipality may by ordinance opt out of an election r e 22 c e r c 23 of its municipal officers inon the regularmunicipal localofficer election ifday, thewhich eis a n b 24 municipality passes the ordinancefirst andTuesday filesin theMarch ordinance with u [ the secretary of stateeven-numbered noyears. later than January 30 of the year in .209797.3 - 45 - HLELC/HB 98 which the next regular local election is scheduled.

A municipality that has passed an ordinance pursuant to this subsection may at any time rescind the ordinance opting out of the election of its municipal officers in the regular local election upon filing the rescission with the secretary of state no later than January 30 of the year in which the next regular local election is scheduled.

AExcept homeas ruleprovided in Subsection C of this section, any municipality thatmay pursuantby ordinance opt in to the election of its chartermunicipal isofficers implementingin athe formregular oflocal requiredelection voterif identificationthe thatmunicipality supersedespasses an ordinance and files the provisionsordinance with the secretary of Sectionstate 1-1-24no NMSAlater 1978than shallJanuary not30 electof itsthe municipalyear officersin atwhich the next regular local election.election is scheduled.

The ordinance shall also determine if the terms of office for current office holders will be lengthened or shortened to correspond with the new election date.

A municipality that has passed an ordinance pursuant to this subsection may at any time rescind the ordinance opting in to the election of its municipal officers in the regular local election upon filing the rescission with the HLELC/HB98 Page 44 secretary of state no later than January 30 of the year in which the next regular local election is scheduled.

For municipalities that have opted out pursuant to Subsection A ofhome thisrule sectionmunicipality or that arepursuant subject to Subsectionits Bcharter ofis thisimplementing section,a allform provisions of therequired Localvoter Electionidentification Actthat assupersedes supplemented by the Electionprovisions Code apply, except e e 17 as provided in this section and except for those election e e n d 18 procedures contained in the charter of aSection home1-1-24 ruleNMSA municipality1978 =shall =not lelect ]its 19municipal thatofficers operateat in lieu of or in addition to the provisionsregular oflocal theelection. a l r i 20 Election Code.

t e a t D.

ElectionsFor heldmunicipalities pursuantthat toelect thistheir sectionofficers shallon bemunicipal mofficer melection 21day, eall dprovisions heldof onthe Local Election Act as supplemented by the municipalElection officerCode electionapply, day,except whichas shallprovided bein this section and except for those election procedures contained in the rcharter eof 22a chome erule rmunicipality cthat 23operate firstin Tuesdaylieu of or in Marchaddition to the provisions of eachthe even-numberedElection year.Code.

e a n b 24 E.

DeclarationsExcept as otherwise provided in this subsection, declarations of candidacy for municipal officer u [ elections shall be filed between 9:00 a.m.

on the .209797.3 - 46 - HLELC/HB 98 fifty-sixth day before the election.

For a home rule municipality whose charter or ordinance requires that a candidate file a declaration of candidacy before qualifying for public financing, declarations of candidacy shall be filed on the date provided in the municipality's charter.

The last HLELC/HB98 Page 45 day to file a statement of withdrawal for a municipal officer election is forty-nine days before the election.

A municipality holding municipal officer elections pursuant to this section may place ballot questions e e 17 on the ballot of an election held pursuant to this section and e e n d 18 as otherwise provided in the Local Election Act.

= = l ] 19 H.

The municipal clerk shall fulfill the duties of a l r i 20 the county clerk in the conduct of elections held pursuant to t e a t this section and, except for recall elections, special local m m 21 e d elections held pursuant to Section 1-24-3 NMSA 1978.

The r e 22 c e r c 23 county clerk shall maintain accurate voter registration e a n b 24 information for each municipality located in the county.

The u [ county clerk shall provide to the municipal clerk, in advance .209797.3 - 47 - HLELC/HB 98 of an election held pursuant to this section, the names of only those voters entitled to vote in the municipal election.

The municipality shall bear the reasonable cost of HLELC/HB98 Page 46 preparation of the voter lists, signature rosters and voter registration in electronic format.format and all other costs of administering municipal officer and special elections held pursuant to this section.

The governing body of the municipality may act in relation to the duties of the board of county commissioners e e 17 set forth in Section 1-3-2 NMSA 1978 that are applicable to the e e n d 18 conduct of an election held pursuant to this section." = = l ] 19 SECTION 35.

A new section of the Local Election Act is a l r i 20 enacted to read:

t"MUNICIPALITIES--ADJUSTMENT e a t "[NEW MATERIAL] MUNICIPALITIES--ADJUSTMENT OF DATES FOR m m 21 e d PROCEDURES AFFECTED BY THE LOCAL ELECTION ACT.--TheACT.-- municipalA. r e 22 c e r c 23 clerk of a municipality that has enacted provisions or e a n b 24 procedures in an ordinance or its charter that are supplemental u [ to provisions in the Election Code shall adjust the calendar .209797.3 - 48 - HLELC/HB 98 dates that implement those provisions and procedures to accord with the schedules imposed by the Local Election Act for the conduct of elections.

TheA municipalmunicipality clerkthat has enacted provisions or procedures in an ordinance or its charter that are supplemental to provisions in the Election Code shall postadjust HLELC/HB98 Page 47 the conformingcalendar dates onthat implement those provisions and procedures to accord with the municipality'sschedules websiteimposed noby laterthe thanLocal JanuaryElection 30Act for the conduct of eachlocal odd-numberedor year."municipal SECTIONofficer 36.elections.

The municipal clerk shall post the conforming dates on the municipality's website no later than January 30 of each odd-numbered year.

B.

A municipality may change its charter by ordinance or as otherwise provided by the municipality to conform its election schedule with the requirements of this section." SECTION 36.

"candidate" means a person who seeks or considers an office in an election covered by the School District Campaign Reporting Act and who either has filed a e e 17 declaration of candidacy or has received contributions or made e e n d 18 expenditures of five hundred dollars ($500) or more or = = l ] 19 authorized another person or campaign committee to receive a l r i 20 contributions or make expenditures of five hundred dollars tHLELC/HB98 ePage a48 t ($500) or more for the purpose of seeking election to a covered m m 21 e d office;

r e 22 c e r c 23 C.

"contribution" means a gift, subscription, loan, e a n b 24 advance or deposit of money or other thing of value, including u [ the estimated value of an in-kind contribution, that is made or .209797.3 - 49 - HLELC/HB 98 received for a political purpose, including payment of a debt incurred in an election campaign;

"election cycle" means the period beginning thirty days after an election for an office and ending [on ] thirty days following the subsequent election day for that office;

e e 17 F.

"expenditure" means a payment, transfer or e e n d 18 distribution or obligation or promise to pay, transfer or = = l ] 19 distribute any money or other thing of value for a political a l r i 20 purpose, including payment of a debt incurred in an election tHLELC/HB98 ePage a49 t campaign;

m m 21 e d G.

"political purpose" means advocating the r e 22 c e r c 23 election or defeat of a candidate in an election;

e a n b 24 H.

"prescribed form" means a form or electronic u [ format prepared and prescribed by the secretary of state;

and .209797.3 - 50 - HLELC/HB 98 I.

Except as otherwise provided in this section, all reports pursuant to the School District Campaign Reporting Act shall be filed electronically and electronically authenticated by the candidate using an electronic signature in conformance with the Electronic Authentication of Documents Act e e 17 and the Uniform Electronic Transactions Act.

e e n d 18 B.

A candidate or campaign committee shall file a =HLELC/HB98 =Page l50 ] 19 campaign report of all contributions received and expenditures a l r i 20 made during an election cycle and not previously reported by t e a t midnight on the [second Monday in April ] twenty-first day m m 21 e d before the election and on the thirtieth day following the r e 22 c e r c 23 election.

e a n b 24 C.

If a reporting date set by Subsection B of this u [ section falls on a [weekend or ] holiday, the report shall be .209797.3 - 51 - HLELC/HB 98 filed on the next business day.

Except for candidates and campaign committees that file a statement of no activity, each candidate or campaign committee shall file a report of expenditures and contributions pursuant to the filing schedules set forth in this section, regardless of whether any expenditures were made e e 17 or contributions were received during the reporting period.

e e n d 18 Reports shall be required until the candidate or campaign = = l ] 19 committee delivers a report to the secretary of stateHLELC/HB98 statingPage a51 lstate rstating i 20 that:

t e a t (1) there are no outstanding campaign debts;

m m 21 e d (2) all money has been expended in accordance r e 22 c e r c 23 with the provisions of Section [6 of the School District e a n b 24 Campaign Reporting Act] 1-22A-10 NMSA 1978;

and u [ (3) the bank account for campaign funds .209797.3 - 52 - HLELC/HB 98 maintained by the candidate or campaign committee has been closed.

SHORT TITLETITLE--SPECIAL --SPECIAL ELECTION [PROCEDURES]ACT--APPLICATION--EXCEPTION.-- ACT--APPLICATION--EXCEPTION.--[To the extent separate laws pertaining to the conduct of special elections by local governments or special districts or to the extent procedures are not specified under such separate laws for the conduct of e e 17 special elections, the provisions of Sections 1 through 4 of e e n d 18 this act shall apply] = = l ] 19 A.

Chapter 1, Article 24 NMSA 1978 may be cited as a l r i 20 the "Special Election Act".

t e a t B.

Notwithstanding any state or local laws to the m m 21 e d contrary, the provisions of the Special Election Act govern the r e 22 c e r c 23 conduct of all special elections conducted by the state orHLELC/HB98 aPage e52 or a n b 24 local government, except for ballot questions printed on a u [ general election ballot or a ballot on which local governing .209797.3 - 53 - HLELC/HB 98 body members are elected pursuant to the Local Election Act.Act." SECTION 39.

" SECTION 39.

"[NEW"DEFINITION.--As MATERIAL] DEFINITION.--As used in the Special Election Act, "local government" means:

Whenever a local government special election is to be called or is required by law, the governing body shall by e e 17 resolution issue a public proclamation calling the election.

e e n d 18 The proclamation shall forthwith be filed with the county = = l ] 19 clerk.

a l r i 20 (1) the date on which the special election t e a t will be held;

m m 21 e d r e 22 (2) the purpose for which the special electionHLELC/HB98 cPage e53 relection c 23 is called;

e(3) a n b 24 [(3) if officers are to be elected or u [ positions on the governingtext body are to be filled, the date on .209797.3 - 54 - HLELC/HB 98 which declarations of candidacyany arequestions to be filed;voted on;

and (4) ifthe adate questionand istime toof beclosing voted upon] (3) the textregistration ofbooks [thatby question]the anycounty questionsclerk toas berequired votedby on;law.

and [(5) the precincts in each county in which the election is to be held and the location of each polling place in the precinct;

(6) the hours that each polling place will be open;

and (7)] (4) the date and time of closing the registration books by the county clerk as required by law.

After filing with the county clerk the proclamation issued pursuant to Subsection A of this section, and beginning not less than sixty-three days before the date of the election, the [governing body ] county clerk shall publish the proclamation once each week for two consecutive weeks in a e e 17 newspaper of general circulation within the boundaries of the e e n d 18 local government or special district.

The proclamation shall = = l ] 19 conform to the requirements of the federal Voting Rights Act of a l r i 20 1965, as amended.

t e a t C.

Whenever a statewide special election is to be m m 21 e d called or is required by law, the governor shall by resolution r e 22 c e r c 23 issue a public proclamation calling the election.

Whenever an e a n b 24 election to fill a vacancy in the office of United States u [ representative is to be called or is required by law, the .209797.3 - 55 - HLELC/HB 98 governor shall by resolution issue a public proclamation calling the election pursuant to the requirements of Section 1-15-18.1 NMSA 1978.

(1) the date on which the special election HLELC/HB98 Page 54 will be held;

(4) [if a question is ] the text of any questions to be voted uponupon; [the text of that question];

After the proclamation issued pursuant to e e 17 Subsection C of this section is filed with the secretary of e e n d 18 state, the secretary of state shall within five days certify = = l ] 19 the proclamation to each county clerk in the state.

a l r i 20 Beginning not less than sixty-three days before the date of t e a t the election, the county clerk shall publish the proclamation m m 21 e d once each week for two consecutive weeks in a newspaper of r e 22 c e r c 23 general circulationcirculation. [which shall include the precincts in the e a n b 24 county in which the election is to be held and the location u [ of each polling place in the precinct and the hours that each .209797.3 - 56 - HLELC/HB 98 polling place will be open ].

Section 1-24-3 NMSA 1978 (being Laws 1989, HLELC/HB98 Page 55 Chapter 295, Section 3) is amended to read:

SPECIAL ELECTION PROCEDURES--CONDUCT.-- [SpecialA. elections shall be conducted and canvassed in the same manner that regular elections are conducted in the local government or special district;

provided,The county clerk shall conduct by mailed ballot any special election called by the governingstate bodyor may,a aslocal setgovernment forthexcept infor a special election for the proclamation,office consolidateof precincts.United States representative.

AB. polling place shall be provided within each of the consolidated precincts.] e e 17 A.

TheUpon countythe clerkcalling shallof conductan election by a mailed eballot, ethe ncounty dclerk 18shall ballotsend anyeach specialvoter electionof called by the staterelevant orjurisdiction aan localabsentee =ballot =along lwith ]a 19statement governmentthat exceptthere forwill abe specialno electionpolling place for the officeelection. of a l r i 20 United States representative.

tThe evoter ashall tnot B.be required to file an application for the absentee ballot.

Upon the calling of an election by a mailed m m 21 e d ballot, the county clerk shall send each voter of the r e 22 c e r c 23 relevant jurisdiction an absentee ballot along with a e a n b 24 statement that there will be no polling place for the u [ election.

The voter shall not be required to file an .209797.3 - 57 - HLELC/HB 98 application for the absentee ballot.

"[NEWHLELC/HB98 MATERIAL]Page SPECIAL56 "SPECIAL ELECTION PROCEDURES--COSTS OF ELECTION--PROHIBITIONELECTION-- PROHIBITION ON NONGOVERNMENTAL ENTITIES.-- e e 17 A.

The costs of conducting a special election e e n d 18 shall be paid for by the state or local government calling = = l ] 19 for the election.

a l r i 20 B.

No individual, corporation, person, political t e a t action committee or other nongovernmental entity shall pay m m 21 e d for or reimburse the state or a local government for the r e 22 c e r c 23 costs associated with conducting a special election.

e a n b 24 C.

Upon a finding of a violation of this section, u [ the district court shall nullify the votes cast in the .209797.3 - 58 - HLELC/HB 98 special election and shall void the result of the special election." SECTION 43.

Each page or group of pages of a petition HLELC/HB98 Page 57 shall be accepted for filing by a municipal clerk, a county clerk, a governing body or a board of county commissioners e e 17 only if:

e e n d 18 (1) the municipal clerk has approved the = = l ] 19 form of petitions to be filed with the municipality prior to a l r i 20 circulation of the petition;

or t e a t (2) the county clerk has approved the form m m 21 e d of petitions to be filed with the county prior to circulation r e 22 c e r c 23 of the petition;

and e a n b 24 (3) each page of the petition to be filed u [ contains the approval or facsimile approval of the municipal .209797.3 - 59 - HLELC/HB 98 or county clerk and the petition heading and penalty statement are legible when submitted for filing.

and HLELC/HB98 Page 58 (4) a statement that any person knowingly providing or causing to be provided any false information on e e 17 a petition, forging a signature or signing a petition when e e n d 18 that person knows that person is not a qualified elector in = = l ] 19 the municipality is guilty of a fourth degree felony.

a l r i 20 D.

The requirements of Subsection B of this t e a t section shall be deemed complied with if an original form of m m 21 e d petition is submitted to a municipal or county clerk for r e 22 c e r c 23 approval prior to circulation and after approval by the clerk e a n b 24 that the original form is reproduced by photocopying or other u [ similar means so that the form and clerk's approval are .209797.3 - 60 - HLELC/HB 98 unchanged from the original and are legible on each page of the petition to be filed.

If no time period is established by law, petition signatures may not span a period of time greater than sixty days from the date of the earliest signature on the petition, and the petition shall be filed HLELC/HB98 Page 59 within sixty-five days from the date of the earliest signature on the petition.

e e 17 F.

Upon approval of a proposed petition as to e e n d 18 form, the municipal clerk shall notify the county clerk of = = l ] 19 the approval, and the county clerk shall furnish a current a l r i 20 voter registration list of qualified electors entitled to t e a t vote in municipal elections to the municipal clerk within m m 21 e d fourteen days of the notification.

r e 22 c e r c 23 G.

When a petition is filed with a municipal e a n b 24 clerk, a county clerk, a governing body or a board of county u [ commissioners, the governing body or board of county .209797.3 - 61 - HLELC/HB 98 commissioners shall either certify the petition as valid or order an examination of the petition and the names, addresses and signatures on the petition.

(1) resolve issues of residency and major infractions in accordance with the [rules set forth in the Municipal] Election Code;

(3) examine the petition and the names, HLELC/HB98 Page 60 addresses and signatures on the petition, purge from the e e 17 petition the signature of any person who is not shown as a e e n d 18 qualified elector of the municipality on the list of = = l ] 19 registered voters provided by the county clerk, purge any a l r i 20 signature that is a forgery or that is illegible, purge any t e a t signature that appears more than once or that cannot be m m 21 e d matched to the name, address and signature as shown on the r e 22 c e r c 23 voter registration lists and the original affidavit of e a n b 24 registration, purge the signature of any person who has not u [ signed within the time limits set by law and purge the .209797.3 - 62 - HLELC/HB 98 signature of any person who does not meet the qualifications for signing the petition as prescribed by law;

Nothing in this section shall preclude a person with a disability or an illiterate person from causing another person to sign a petition on a person with a disability's or an illiterate person's behalf, so long as the person signing for the person with a disability or illiterate person executes an affidavit acknowledged before a notary public that the person is authorized to sign the petition for HLELC/HB98 Page 61 the person with a disability or illiterate person.

In order e e 17 for the signature on behalf of the person with a disability e e n d 18 or illiterate person to be counted and not purged, the = = l ] 19 original affidavit shall be submitted along with the petition a l r i 20 containing the signature on behalf of the illiterate person t e a t or person with a disability.

m m 21 e d J.

If the petition is certified as valid pursuant r e 22 c e r c 23 to Subsection G of this section or is certified as containing e a n b 24 in excess of the minimum number of valid names, addresses and u [ signatures mandated by law, then such certification shall be .209797.3 - 63 - HLELC/HB 98 recorded as part of the minutes at the next meeting of the governing body or the board of county commissioners.

(2) determine the total number of people signing the petition, the number purged, the number that were not purged and the minimum number of valid names, addresses and signatures required by law for such a petition and post this information along with and at the same time as the HLELC/HB98 Page 62 posting required in Paragraph (1) of this subsection;

e e 17 (3) publish once, pursuant to the provisions e e n d 18 of Subsection J of Section 3-1-2 NMSA 1978, within one week = = l ] 19 of the certification, the information compiled pursuant to a l r i 20 Paragraphs (1) and (2) of this subsection;

and t e a t (4) cause the information compiled pursuant m m 21 e d to Paragraphs (1) and (2) of this subsection and the date and r e 22 c e r c 23 place of publication pursuant to Paragraph (3) of this e a n b 24 subsection to be recorded as part of the minutes at the next u [ meeting of the governing body or the board of county .209797.3 - 64 - HLELC/HB 98 commissioners after publication has occurred.

Upon a prima facie showing by the petitioner of the right to have HLELC/HB98 Page 63 that person's signature included upon the petition, the e e 17 district court shall issue an order to the municipal clerk, e e n d 18 county clerk, governing body or board of county commissioners = = l ] 19 to require reinstatement of the signature of the petitioner;

a l r i 20 (3) within ten days after receiving the t e a t order of the district court, the municipal clerk, county m m 21 e d clerk, governing body or board of county commissioners shall r e 22 c e r c 23 reinstate the signature of the petitioner on the petition or e a n b 24 show cause why the signature of the petitioner has not been u [ reinstated.

Upon hearing, if the district court finds that .209797.3 - 65 - HLELC/HB 98 the person whose signature has been purged meets the qualifications for signing the petition, the district court shall make final its order of reinstatement to the municipal clerk, county clerk, governing body or board of county commissioners;

Any petition that contains an insufficient number of signatures after all signatures have been HLELC/HB98 Page 64 reinstated pursuant to Subsection L of this section is e e 17 invalid.

e e n d 18 N.

When a petition governed by this section is = = l ] 19 filed with the municipal clerk or the governing body of a a l r i 20 municipality, the governing body or municipal clerk shall t e a t perform or cause to be performed the duties required under m m 21 e d this section, except as otherwise prohibited by law.

When a r e 22 c e r c 23 petition governed by this section is required to be filed e a n b 24 with the county clerk or board of county commissioners, the u [ board of county commissioners or county clerk shall perform .209797.3 - 66 - HLELC/HB 98 or cause to be performed the duties required under this section, except as otherwise prohibited by law.

HLELC/HB98 Page 65 (2) the charter of a municipality adopted e e 17 pursuant to Article 10, Section 6 of the constitution of New e e n d 18 Mexico;

= = l ] 19 (3) the charter of a municipality adopted a l r i 20 pursuant to the Municipal Charter Act;

or t e a t (4) the charter of a combined municipal m m 21 e d organization.

r e 22 c e r c 23 Q.

Once a petition has been filed with a e a n b 24 municipal clerk, a county clerk, a governing body or a board u [ of county commissioners, no name on the petition may be .209797.3 - 67 - HLELC/HB 98 withdrawn except those names purged pursuant to Subsection H of this section." SECTION 44.

HLELC/HB98 Page 66 (1) from the voter registration list in the e e 17 office of the county clerk if the signers of the petition are e e n d 18 qualified electors residing in the territory proposed to be = = l ] 19 incorporated;

or a l r i 20 (2) from the tax schedules of the county if t e a t any of the owners of the real estate who signed the petition m m 21 e d are delinquent in the payment of property taxes;

and r e 22 c e r c 23 (3) if the territory proposed to be e a n b 24 incorporated is within an existing municipality or within the u [ urbanized area of a municipality.

.209797.3 - 68 - HLELC/HB 98 B.

Within fifteen days after the date the results HLELC/HB98 Page 67 of the census and the municipal incorporation review team's e e 17 report have been filed with the board of county e e n d 18 commissioners, the board of county commissioners shall = = l ] 19 determine if the conditions for incorporation of the a l r i 20 territory as a municipality have been met as required in t e a t Sections 3-2-1 through 3-2-3 NMSA 1978 and shall have its m m 21 e d determination recorded in the minutes of its meeting.

r e 22 c e r c 23 E.

Based on the census results and the municipal e a n b 24 incorporation review team's report, if the board of county u [ commissioners determines that the conditions for .209797.3 - 69 - HLELC/HB 98 incorporation have not been met, the board of county commissioners shall notify the petitioners of its determination by publishing in a newspaper of general circulation in the territory proposed to be incorporated, once, not more than ten days after its determination, a notice of its determination that the conditions for incorporation have not been met.

After the board of county commissioners has determined that all of the conditions for incorporation of the territory as a municipality have been met, the board of county commissioners shall hold an election on the question HLELC/HB98 Page 68 of incorporating the territory as a municipality.

Special e e 17 elections for the incorporation of municipalities shall only e e n d 18 be held in June or July in odd-numbered years [on the first = = l ] 19 Tuesday in July or in any year on the first Tuesday in a l r i 20 January, unless that Tuesday is a holiday, in which case the t e a t election shall be held on the second Tuesday in July or the m m 21 e d second Tuesday in January] or July or August in even-numbered r e 22 c e r c 23 years and shall be held pursuant to the provisions of the e a n b 24 Local Election Act.

The county clerk shall notify the u [ secretary of finance and administration and the secretary of .209797.3 - 70 - HLELC/HB 98 taxation and revenue of the date of the incorporation election within ten days after the adoption of the resolution calling the election.

If a majority of the votes cast [favor ] favors the incorporation of the territory as a municipality, the board of county commissioners shall [within fifteen days e e 17 after declaring the results of the election] call an election e e n d 18 for the purpose of electing municipal officers [Exceptat for = = l ] 19 the factfirst that the election need not be held on the date a l r i 20 specified in the Municipal Election Code for the regular tlocal eor ageneral t municipal election, the election shallfollowing beapproval. called and m m 21 e d conducted in the manner provided in the Municipal Election r e 22 c e r c 23 Code for regular municipal elections.

The boardelection of county e a n b 24 commissioners shall performbe theconducted dutiespursuant imposedto by the uprovisions [ Municipal Election Code upon the governing body of the .209797.3Local -HLELC/HB98 71Page -69 HLELC/HB 98 municipality and the county clerk shall perform the duties imposed by the Municipal Election CodeAct. upon the municipal clerk] at the first regular local or general election following approval.

The electioncounty clerk shall benotify conductedthe pursuantsecretary toof finance and administration and the provisionssecretary of taxation and revenue of the Localdate Electionof Act.the first election of municipal officers within ten days after the county commissioners have called the election.

The county clerk [also] shall notify the secretary of finance and administration and the secretary of taxation and revenue of the date of the first election of municipal officers within ten days after the county commissioners have called the election.

At the first election for municipal officers following a vote in favor of incorporating territory as a municipality, the [term ] terms of office for the mayor and the municipal judge shall be until the next regular [municipal] local election.

The terms of office for one-half of the members of the governing body shall be until the next e e 17 regular [municipal ] local election and for the remaining one-one-half e e n d 18 half of the members of the governing body until the second = = l ] 19 regular [municipal ] local election is held.

The elected a l r i 20 municipal officers shall continue in office until their t e a t successors are elected and qualified.

The length of the m m 21 e d terms of the first members shall be determined by lot." r e 22 c e r c 23 SECTION 46.

Section 3-3-2 NMSA 1978 (being Laws 1965, e a n b 24 Chapter 300, Section 14-3-2, as amended) is amended to read:

u [ "3-3-2.

MUNICIPALITIES INCORPORATED UNDER SPECIAL .209797.3 - 72 - HLELC/HB 98 ACT--PETITION FOR REORGANIZATION--ELECTION.--Any municipality incorporated under a special act may abandon its organization and organize itself under the provisions of the general law relating to municipalities.

If a petition signed by qualified electors of HLELC/HB98 Page 70 the municipality equal in number to not less than one-eighth of the total number of votes at the last preceding regular municipal election requests the governing body to submit to the qualified [municipal ] electors the question of reorganizing the municipality under the provisions of the Municipal Code, the governing body shall, within fourteen days after the petition is certified as valid, adopt an election resolution calling for a special election in the manner provided in the [Municipal Election Code ] Local Election Act on the question of reorganizing the municipality under the provisions of general law.

The special election e e 17 shall only be held [within sixty days after the date the e e n d 18 election resolution is adopted] in June or July in odd-odd-numbered = = l ] 19 numbered years or July or August in even-numbered years in a l r i 20 accordance with the provisions of the Local Election Act.

t e a t B.

The petition may further propose that the m m 21 e d boundary of the municipality incorporated by special act be r e 22 c e r c 23 extended by including any or all territory [which ] that is:

e a n b 24 (1) laid off or platted;

u [ (2) adjoining or contiguous to the .209797.3 - 73 - HLELC/HB 98 municipality or any addition or subdivision of the municipality;

HLELC/HB98 Page 71 The registered voters residing within the boundary of the municipality as it would exist if the municipality incorporated by special act is reorganized may vote in the election authorized in this section." SECTION 47.

MUNICIPALITIES INCORPORATED UNDER SPECIAL ACT--REORGANIZATION APPROVED--ELECTION FOR NEW OFFICERS--TERM OF OFFICE.-- e e 17 A.

If a majority of the votes cast on the e e n d 18 question of reorganizing a municipality incorporated by a = = l ] 19 special act [favor ] favors reorganizing the municipality a l r i 20 under general law, the governing body shall [within fourteen t e a t days after the results of the election reorganizing the m m 21 e d municipality under general law have been canvassed and r e 22 c e r c 23 certified] adopt an election resolution calling for an e a n b 24 election of officers, which shall be held at the first u [ regular local or general election following approval of .209797.3reorganization. - 74 - HLELC/HB 98 reorganization .

The election shall be called, conducted and canvassed in the manner provided in the [Municipal Election Code for the election of officers at a regular municipal election, except that the provisions of Section 3-8-25 NMSA 1978 shall not apply and the election shall be held not later than one hundred and twelve days from the adoption of the election resolution] Local Election Act.

The terms of office for the mayor, municipal judge and one-half of the members of the governing body shall be until the next regular [municipal ] local election.

The terms of office for the remaining one-half of the governing body shall be until the second regular [municipal ] local election is held.

The length of HLELC/HB98 Page 72 terms of the first members shall be determined by lot." e e 17 SECTION 48.

Section 3-4-1 NMSA 1978 (being Laws 1965, e e n d 18 Chapter 300, Section 14-4-1, as amended) is amended to read:

= = l ] 19 "3-4-1.

DISINCORPORATION--PETITION--NOTICE OF a l r i 20 ELECTION.-- t e a t A.

If one-fourth of the registered voters of a m m 21 e d municipality petition the board of county commissioners of r e 22 c e r c 23 the county [wherein ] in which the municipality is situated to e a n b 24 disincorporate the municipality, the board of county u [ commissioners shall, within fourteen days after the petition .209797.3 - 75 - HLELC/HB 98 has been certified as valid, adopt an election resolution calling for a special election to be held within the municipality on the question of disincorporating the municipality.

Date Name--Printed Address Usual As Registered As Registered Signature." The day for holding the election shall not be less than fiftyHLELC/HB98 daysPage [nor73 ]fifty days or more than sixty days after the board of e e 17 county commissioners adopts the election resolution.

e e n d 18 B.

Notice of the election shall be published as = = l ] 19 required [for special elections as set forth in the Municipal a l r i 20 Election Code] in the Local Election Act." t e a t SECTION 49.

Section 3-4-3 NMSA 1978 (being Laws 1965, m m 21 e d Chapter 300, Section 14-4-3, as amended) is amended to read:

r e 22 c e r c 23 "3-4-3.

DISINCORPORATION--CONDUCT OF ELECTION.--The e a n b 24 election for disincorporation shall be conducted [inpursuant theto same u [ manner as a special municipal election except that the .209797.3provisions - 76 - HLELC/HB 98 election officials shall be appointed by the board of county commissioners, and the countyLocal clerkElection shallAct." performSECTION the50. duties of the municipal clerk and the board of county commissioners shall perform the duties of the governing body.

The election returns shall be made to the board of county commissioners and canvassed in the same manner as are special election returns] pursuant to the provisions of the Local Election Act." SECTION 50.

Whenever any two or more contiguous municipalities wish to consolidate as one municipality, the governing body of each municipality shall appoint three e e 17 commissioners who shall prepare the terms for consolidation e e n d 18 and submit the terms for consolidation to the respective = = l ] 19 governing bodies.

If each governing body approves the terms a l r i 20 for consolidation, it shall adopt an ordinance declaring t e a t [its] approval of the terms for consolidation and shall m m 21 e d provide for an election on the question of consolidation.

r e 22 c e r c 23 The election shall be conducted pursuant to the provisions of e a n b 24 the Local Election Act.

uHLELC/HB98 [Page 74 B.

If a majority of the votes cast in each .209797.3 - 77 - HLELC/HB 98 municipality [favor ] favors consolidation, the governing body of each municipality shall declare, by ordinance, that consolidation has been approved between the municipalities and proceed to consolidate under the terms for consolidation.

If on the day of the election on consolidation any municipality proposing to consolidate has outstanding indebtedness or a judgment payable from a tax on property and the consolidation is approved, a tax sufficient to pay the interest and principal on such indebtedness or judgment shall e e 17 continue to be levied on the property within the boundary of e e n d 18 the municipality as it existed on the day of the election on = = l ] 19 the question of consolidation.

Indebtedness created by the a l r i 20 issuance of revenue bonds and the current obligations of each t e a t municipality shall be assumed by the consolidated m m 21 e d municipality.

The consolidated municipality may refund the r e 22 c e r c 23 indebtedness of the municipalities [which ] that are e a n b 24 consolidated.

u [ D.

Certified copies of the entire proceedings for .209797.3HLELC/HB98 -Page 7875 - HLELC/HB 98 consolidation shall be filed with the clerk of the municipality so consolidated, [with ] the county clerk and the secretary of state.

and e e 17 (2) a municipal judge.

e e n d 18 C.

Notwithstanding the provisions of Subsection A = = l ] 19 of this section, a municipality with a population of five a l r i 20 hundred persons or less in the last federal decennial census t e a t shall not have a municipal judge if it adopts an effective m m 21 e d ordinance in accordance with the provisions of Subsection B r e 22 c e r c 23 of Section 35-14-1 NMSA 1978.

e a n b 24 D.

In every noncharter municipality, except those u [ noncharter municipalities having a commission-manager form of .209797.3HLELC/HB98 -Page 7976 - HLELC/HB 98 government or electing members of the governing body from districts, the terms of office for the mayor and members of the governing body shall be four years.

Any elected municipal official whose term of office has expired shall continue in that office until [his ] a successor is elected and has taken office pursuant to the provisions of the [Municipal Election Code ] Local Election Act." SECTION 52.

At the organizational meeting of the governing ebody, e 17 body [which shall be scheduled pursuant to Section 3-8-33 e e n d 18 NMSA 1978 of the Municipal Election Code], the mayor shall = = l ] 19 submit, for confirmation by the governing body, the names of a l r i 20 persons who shall fill the appointive offices of the t e a t municipality and the names of persons who shall be employed m m 21 e d by the municipality.

If the governing body fails to confirm r e 22 c e r c 23 any person as an appointive official or employee of the e a n b 24 municipality, the mayor at the next regular meeting of the u [ governing body shall submit the name of another person to .209797.3 - 80 - HLELC/HB 98 fill the appointed office or to be employed by the municipality.

Any person holding an appointed office at the HLELC/HB98 Page 77 time of the municipal election shall continue in that office until [his] the person's successor has been appointed and is qualified." SECTION 53.

VACANCY ON GOVERNING BODY.-- [A.Any vacancy on the governing body of a mayor-council municipality shall be filled by appointment of a qualified elector by the mayor of the municipality, with the advice and consent of the governing body.

ExceptAny asqualified providedelector inappointed Subsectionto Bfill ofa this section] Any vacancy on the governing body ofshall aserve mayor-counciluntil municipalitythe shallnext beregular filledlocal byelection, appointmentat ofwhich time a qualified elector byshall thebe mayorelected ofto thefill municipality, with the adviceremaining andunexpired consentterm, ofif theany." governingSECTION body.54.

Any qualified elector appointed to fill a vacancy on the governing body shall serve until the next regular [municipal ] local election [or any e e 17 special election called in accordance with Subsection B of e e n d 18 this section], at which time a qualified elector shall be = = l ] 19 elected to fill the remaining unexpired term, if any.

a l r i 20 [B.

A special election for the purpose of filling a t e a t vacancy on the governing body may be called by the mayor with m m 21 e d the consent of the governing body or by the governing body.

r e 22 c e r c 23 Except for the fact that the election need not be held on the e a n b 24 date specified in the Municipal Election Code for the regular u [ municipal election, the special election to fill a vacancy .209797.3 - 81 - HLELC/HB 98 shall be conducted in the manner set forth in the Municipal Election Code for regular municipal elections.

However, this subsection shall not apply to those municipalities which have adopted a charter under the provisions of Article 10, Section 6 of the constitution of New Mexico or to those counties which have incorporated under the provisions of Article 10, Section 5 of the constitution of New Mexico.]" SECTION 54.

and e e 17 (4) upon request, furnish copies of municipal e e n d 18 records.

The clerk may charge a reasonable fee for the cost =HLELC/HB98 =Page l78 ] 19 of furnishing copies of municipal records.

a l r i 20 B.

The mayor with the consent of the governing body t e a t may designate other municipal employees to be deputy m m 21 e d municipal clerks who shall have the right and duty to perform r e 22 c e r c 23 all of the duties of the municipal clerkclerk." [including but not e a n b 24 limited to the duties created in the Municipal Election u [ Code]." .209797.3 - 82 - HLELC/HB 98 SECTION 55.

Upon petition signed by qualified electors, not less in number than fifteen percent of the votes cast for the office of mayor at the last regular municipal election, filed with the municipal clerk and verified by the municipal clerk to contain a sufficient number of legal signatures, the governing body shall, within ten days of verification, adopt an election resolution calling for the holding of a special election [within ninety days after the verification of the petition] on the question of organizing the municipality under the commission-manager form of government, or the governing body may submit to the qualified electors of the municipality the question of organizing the municipality e e 17 under the commission-manager form of government.

The e e n d 18 election shall be held in June or July in odd-numbered years = = l ] 19 or July or August in even-numbered years in accordance with a l r i 20 the provisions of the Local Election Act.

t e a t B.

The question to be placed shall read mHLELC/HB98 mPage 2179 e d substantially as follows:

r e 22 c e r c 23 "For the commission-manager form of government and e a n b 24 providing for the election of five commissioners ____;

and u [ Against the commission-manager form of government .209797.3 - 83 - HLELC/HB 98 and providing for the election of five commissioners "."____"." SECTION 56.

Within ten days after the adoption of the commission-manager form of government, the governing body shall adopt an election resolution calling for the holding of [a special] an election [within one hundred twenty days after the adoption of the commission-manager form of government] for the purpose of electing five commissioners at the first regular or local or general election following adoption of the resolution.

The election shall be conducted in the same manner as are regular [municipal ] local elections pursuant to the terms of the [Municipal Election Code ] Local Election Act.

The commissioners so elected shall determine their terms of office by lot, so that three commissioners shall e e 17 serve until the next regular [municipal ] local election and e e n d 18 two commissioners shall serve until the succeeding regular = = l ] 19 [municipal] local election.

a l r i 20 B.

Their respective successors shall hold office t e a t for staggered periods of four years and until their m m 21 e d successors are elected and take office as provided in the r e 22 c e r c 23 [Municipal Election Code ] Local Election Act." e a n b 24 SECTION 57.

Section 3-14-9 NMSA 1978 (being Laws 1965, uHLELC/HB98 [Page 80 Chapter 300, Section 14-13-9, as amended) is amended to read:

.209797.3 - 84 - HLELC/HB 98 "3-14-9.

VACANCIES IN COMMISSION.--COMMISSION.--If [A.a vacancy occurs in the commission, the remaining elected and appointed commissioners shall, by a majority vote, appoint a qualified elector to fill the vacancy until the next regular local election, at which time a qualified elector shall be elected to fill the remaining unexpired term, if any." SECTION 58.

ExceptSection as3-14-19 providedNMSA in1978 Subsection(being BLaws of1965, thisChapter section]300, IfSection a14-13-19, vacancyas occursamended) inis theamended commission, the remaining elected and appointed commissioners shall, by a majority vote, appoint a qualified elector to fillread: the vacancy until the next regular [municipal ] local election [or any special election called in accordance with Subsection B of this section], at which time a qualified elector shall be elected to fill the remaining unexpired term, if any.

[B.

A special election for the purpose of filling a vacancy on the governing body may be called by the chairman with the consent of the governing body or by the governing body.

Except for the fact that the election need not be held on the date specified in the Municipal Election Code for the regular municipal election, the special election to fill a vacancy shall be conducted in the manner set forth in the e e 17 Municipal Election Code for regular municipal elections.

e e n d 18 However, this subsection shall not apply to those = = l ] 19 municipalities which have adopted a charter under the a l r i 20 provisions of Article 10, Section 6 of the constitution of t e a t New Mexico or to those counties which have incorporated under m m 21 e d the provisions of Article 10, Section 5 of the constitution r e 22 c e r c 23 of New Mexico.]" e a n b 24 SECTION 58.

Section 3-14-19 NMSA 1978 (being Laws 1965, u [ Chapter 300, Section 14-13-19, as amended) is amended to .209797.3 - 85 - HLELC/HB 98 read:

Within ten days of the verification of a petition submitted to the municipal clerk and signed by thirty percent of the qualified electors of the municipality, the commission shall adopt an election resolution calling for the holding of a special election [within ninety days of verification] to vote on the question of abandoning the commission-manager form of government.

If a majority of the votes cast at the special election [favor ] favors abandonment of the commission-manager form of government, the form of government reverts to that e e 17 form of government existing immediately preceding the e e n d 18 adoption of the HLELC/HB98 Page 81 commission-manager form of government after = = l ] 19 the election and taking office of the new officers and the a l r i 20 commission shall [within ten days after the filing of the t e a t certificate of canvass in the minute book] adopt an election m m 21 e d resolution calling for the holding of [a special ] an election r e 22 c e r c 23 [within one hundred twenty days of such filing ] to elect new e a n b 24 officers, which shall be held at the first regular local or u [ general election following adoption of the resolution.

.209797.3 - 86 - HLELC/HB 98 C.

The election shall be held in the same manner as regular [municipal ] local elections are held as provided in the [Municipal Election Code ] Local Election Act.

The mayor and one-half of the members of the governing body shall hold office until the next regular [municipal ] local election and the remaining one-half of the members of the governing body shall hold office until the succeeding regular [municipal ] local election.

e e 17 "3-15-10.

QUALIFICATIONS OF VOTERS--BALLOTS--CONDUCT OF e e n d 18 ELECTION--EFFECT OF ADOPTION.--All qualified electors = = l ] 19 residing within the municipality shall be qualified to vote a l r i 20 at the special election held under [Sections 14-14-1 through t e a t 14-14-14 New Mexico Statutes Annotated, 1953 Compilation] the m m 21 e d Municipal Charter Act, HLELC/HB98 Page 82 and the vote shall be by separate r e 22 c e r c 23 ballots, one of which shall be:

e a n b 24 "In favor of adoption of charter G";

u [ "Against adoption of charter G".

.209797.3 - 87 - HLELC/HB 98 The special election shall be conducted in accordance with [Sections 14-8-1 through 14-8-17 New Mexico Statutes Annotated, 1953 Compilation] the Local Election Act and if a majority of all the votes cast shall favor the adoption of the charter, the [same ] charter shall take effect immediately insofar as necessary to authorize the election of officersofficers, [thereunder], but shall not take effect otherwise until such date as may be specified in the charter, which date shall not be less than sixty days after the special election.

FIRST ELECTION OF OFFICERS--TIME--LAW e e 17 GOVERNING.--In case the charter is adopted pursuant to e e n d 18 Section 3-15-10 NMSA 1978, it shall be the duty of the = = l ] 19 presiding officer of the governing body of the municipality a l r i 20 to issue a proclamation calling a special election for the t e a t election of such elective officers as may be provided for in m m 21 e d the charter.

The election shall be at least ten days before r e 22 c e r c 23 the date specified in the charter for it to go into effect, eHLELC/HB98 aPage n83 b 24 and the election shall be held in accordance with the u [ provisions of the Local Election Act and the charter." .209797.3 - 88 - HLELC/HB 98 SECTION 61.

ELECTION OF MEMBERS TO THE COMMISSION.-- [WithinElection sixty days after the creation of amembers district,to the countycommission commissionersshall ofbe theconducted countypursuant into which the districtLocal isElection eAct." eSECTION 1763. situate shall hold an election for members to the commission.

e e n d 18 When the district is situate in more than one county, the = = l ] 19 county commissioners of the counties shall cooperate in a l r i 20 conducting an election for members to the commission.