Section 1-25-8 – Recall; affidavit with petition; penalty.
A. When submitted to the county clerk, each petition shall have a notarized affidavit attached. The affidavit shall state that the canvasser circulated that particular petition and witnessed each signature and any other information recorded on the petition. B. According to the best information and belief of the canvasser, the canvasser shall ensure the following: […]
Section 1-25-9 – Recall; signatures.
A. No signature may be signed on the petition prior to the initiation date. B. Signatures are valid for a maximum of ninety days from the date of initiation. C. Each signer of a recall petition shall sign but one petition for each named official of a local jurisdiction in which the signer is registered […]
Section 1-25-10 – Recall; limitation on appeals of validity of recall petition.
A. Any person filing any court action challenging a recall petition provided for in the Recall Act shall do so within seven days after the determination of the county clerk as to whether sufficient signatures have been submitted. Challenges to the recall petition shall be directed to: (1) the validity of the signatures on the […]
Section 1-25-11 – Recall; election.
A. Except as otherwise provided in the Recall Act, recall elections shall be conducted and canvassed pursuant to the provisions of the Local Election Act. B. The date of the recall election shall be set no later than ninety days after the date of the determination by the county clerk; provided that: (1) the date […]
Section 1-25-12 – Recall; expenses.
Following a decision of the district court, if the county clerk proceeds to initiate proceedings for a recall election as a special local election, the local jurisdiction shall ensure payment of the cost of the recall election as provided in the Special Election Act [Chapter 1, Article 24 NMSA 1978]. History: 1953 Comp., § 77-4A-5, […]
Section 1-25-13 – Recall; vacancy.
A. The vacancy created by a recalled official shall be filled as provided by law for vacancies in office for the local jurisdiction. B. Under no circumstances may a recalled official be appointed to fill any vacancy for the remainder of the term of office for which the recalled official was elected and from which […]
Section 1-25-1 – Short title.
Chapter 1, Article 25 NMSA 1978 may be cited as the “Recall Act”. History: 1953 Comp., § 77-4A-1, enacted by Laws 1977, ch. 308, § 1; 2018, ch. 79, § 89; 1978 Comp., § 22-7-1, recompiled and amended as § 1-25-1 by Laws 2019, ch. 212, § 159. ANNOTATIONS Recompilations. — Laws 2019, ch. 212, […]
Section 1-25-2 – Definitions.
As used in the Recall Act: A. “canvasser” means a person who circulates a petition and collects signatures; B. “county clerk” means: (1) the clerk of the county in which the local jurisdiction is situate; (2) in the case of a multicounty jurisdiction, the clerk of the county in which the primary administrative office of […]
Section 1-25-3 – Recall; elected officials subject to recall; limitations.
A. An elected official of the following local jurisdictions is subject to recall pursuant to the provisions of the Recall Act: (1) a school district, pursuant to Article 12, Section 14 of the constitution of New Mexico; (2) a county, pursuant to Article 10, Section 9 of the constitution of New Mexico; (3) a commission-manager […]
Section 1-25-4 – Recall; petition.
A. The recall petition shall be composed of a face sheet and a subsequent page. An individual, group or organization desiring to initiate the recall process may obtain the forms from the district court. B. The petition shall be on eight and one-half inch by eleven inch paper. C. All information written on the petition […]