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 to vote.
D. The signature shall not be counted unless the entire line is filled in full and is upon the form prescribed by the Recall Act.
E. A signature shall be counted on a recall petition unless there is evidence presented that the person signing:
(1) is not a registered voter of the local jurisdiction listed on the face sheet of the petition, and in the case of a named official serving in a districted position, is not a registered voter of that district within the local jurisdiction;
(2) has signed more than one recall petition page seeking to recall the same named official or has signed one petition page more than once; or
(3) is not the person whose name appears as a signer of the recall petition.
History: 1953 Comp., § 77-4A-10, enacted by Laws 1977, ch. 308, § 10; 1985, ch. 169, § 6; 1978 Comp., §22-7-10, recompiled and amended as § 1-25-9 by Laws 2019, ch. 212, § 167.
Recompilations. — Laws 2019, ch. 212, § 167 recompiled and amended former 22-7-10 NMSA 1978 as 1-25-9 NMSA 1978, effective April 3, 2019.
The 2019 amendment, effective April 3, 2019, revised the provisions related to signing the recall petition; in the section heading, added "Recall"; in Subsection B, after "maximum of", deleted "one hundred ten calendar" and added "ninety"; in Subsection C, after "one petition", deleted "unless more than one member is a named member, and in that case not more than the number of recall petitions equal to the number of named members shall be signed" and added "for each named official of a local jurisdiction in which the signer is registered to vote"; in Subsection D, after "by the", deleted "Local School Board Member"; in Subsection E, in Paragraph E(1), after "voter of the", deleted "county and of the school district" and added "local jurisdiction", and after "petition,", added "and in the case of a named official serving in a districted position, is not a registered voter of that district within the local jurisdiction", in Paragraph E(2), after "recall petition", deleted "for one" and added "page seeking to recall the same", in Paragraph E(3), after "appears", deleted "on" and added "as a signer of"; and deleted former Subsection F.
Subsection B is not intended to prevent withdrawal of signatures but is intended to determine when signatures expire as a matter of law. State ex rel. Citizens for Quality Educ. v. Gallagher, 1985-NMSC-030, 102 N.M. 516, 697 P.2d 935.
Signer of petition has right to withdraw his name before the superintendent (now county clerk) has taken final action. State ex rel. Citizens for Quality Educ. v. Gallagher, 1985-NMSC-030, 102 N.M. 516, 697 P.2d 935.
Effect of incomplete lines on petition. — Superintendent (now county clerk) may exclude those signatures not listing a date, but his exclusion of signatures with names not "printed as registered" or with "city" not listed is inconsistent with the purpose of Subsection D and is, therefore, improper. State ex rel. Citizens for Quality Educ. v. Gallagher, 1985-NMSC-030, 102 N.M. 516, 697 P.2d 935.
Structure New Mexico Statutes
Section 1-25-3 - Recall; elected officials subject to recall; limitations.
Section 1-25-4 - Recall; petition.
Section 1-25-5 - Recall; responsibilities of petitioner.
Section 1-25-6 - Recall; court hearing.
Section 1-25-7 - Recall; duties of county clerk.
Section 1-25-8 - Recall; affidavit with petition; penalty.
Section 1-25-9 - Recall; signatures.
Section 1-25-10 - Recall; limitation on appeals of validity of recall petition.
Section 1-25-11 - Recall; election.