Time and procedure for election.

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A. On the first Tuesday after the first Monday in January prior to the middle Rio Grande conservancy district election, an election proclamation shall be published that includes a list of the offices for which a candidate may file, the date and place at which declarations of candidacy shall be filed and the date of the election. The election proclamation shall be published once in a newspaper of general circulation in the counties in which the election shall be held.

B. The members of the boards of directors created pursuant to provisions of Sections 73-14-18 through 73-14-32 [repealed] NMSA 1978 shall be elected at an election held on the first Tuesday after the first Monday in June in 2001 and in each odd-numbered year thereafter.

C. The elections for the members of the board of directors of the conservancy district shall be conducted, counted and canvassed as provided in Sections 73-14-18 through 73-14-32 [repealed] and 73-14-84 through 73-14-86 NMSA 1978. The polls may be opened and closed in the same manner as provided for the general election under the Election Code [Chapter 1 NMSA 1978].

D. If only one candidate has filed a declaration of candidacy for a position to be filled at an election, no declared write-in candidate has filed for a position and there are no questions or bond issues on the ballot, only one polling place for the election may be designated. The one polling place may be located in the office of the election director or in the office of the middle Rio Grande conservancy district.

History: 1953 Comp., § 75-28-11.7, enacted by Laws 1975, ch. 262, § 7; 1990, ch. 48, § 2; 1991, ch. 136, § 2; 1991, ch. 248, § 2; 1996, ch. 42, § 8; 1999, ch. 168, § 3.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 73-14-32, referred to in Subsections B and C of this section, was repealed by Laws 1996, ch. 42, § 18. For present comparable provisions, see 73-14-89 NMSA 1978.

The 1999 amendment, effective June 18, 1999, added Subsections A and D, and redesignated the remaining subsections accordingly; substituted "pursuant to provisions of" for "by", "June 2001" for "November 1996', and "odd-numbered year" for "even-numbered year" in Subsection B; substituted "may" for "shall", "in" for "at", and "manner" for "time" in Subsection C.

The 1996 amendment, effective March 4, 1996, in Subsection A, substituted "boards" for "board" preceding "of directors", substituted "at an election held" for "on the first Tuesday of May of the year 1976 and at elections", and substituted "in 1996 and in each even-numbered year" for "beginning in 1990 and in each second year"; and, in the first sentence of Subsection B, inserted "73-14-18 through 73-14-32 and".

The 1991 amendment, effective June 14, 1991, in Subsection B, substituted "73-14-84" for "73-14-83" in the first sentence and added the second sentence.

The 1990 amendment, effective March 1, 1990, in Subsection A, substituted "Sections 73-14-18 through 73-14-32 NMSA 1978" for "Sections 75-28-11.1 through 75-28-11.15 NMSA 1953" and "first Tuesday after the first Monday in November beginning in 1990 and in" for "first Tuesday of May" and, in Subsection B, substituted "Sections 73-14-83 through 73-14-86 NMSA 1978" for "Sections 75-28-62 through 75-28-65 NMSA 1953".

Restrictions on timing of elections. — The Middle Rio Grande Conservancy District is not subject to the restrictions on the timing of elections contained in Section 1-4-10 NMSA 1978 (now recompiled as Section 1-12-71 NMSA 1978). 1988 Op. Att'y Gen. No. 88-34.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 94 C.J.S. Waters § 320.


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