A petition executed by at least fifty-one percent (51%) of the qualified electors residing within the portion of the county proposed to be annexed shall be filed with the county commissioners of the county in which such portion is located. Such petition shall set forth the facts showing the existence of the conditions described in Section 1 [4-33-1 NMSA 1978] hereof and shall accurately set out the boundaries of the portion of the county proposed to be annexed.
History: 1941 Comp., § 15-3306, enacted by Laws 1947, ch. 196, § 2; 1953 Comp., § 15-33-2.
ANNOTATIONSWhen signers may withdraw names from petition. — While signers of petition may withdraw their names before the body to which it is addressed has acted on it, they may not do so afterwards. Crosthwait v. White, 1951-NMSC-003, 55 N.M. 71, 226 P.2d 477.
Number of names on petition held sufficient. — Where signers of petition could no longer withdraw their names by a subsequent petition, leaving more than 51 percent of the electors asking for an election, a sufficient number of names appeared upon the petition. Crosthwait v. White, 1951-NMSC-003, 55 N.M. 71, 226 P.2d 477.