New Mexico Statutes
Article 12 - Electrical Irrigation Districts
Section 73-12-5 - Notice of election; qualification of electors; election procedure.

The board of county commissioners shall thereupon cause notice embodying the orders in substance, signed by the chairman and clerks of the board to be issued, given and published, giving public notice of the election, the time and place thereof and the matters submitted to the vote of the electors. The notice and order shall be published once a week for at least three weeks immediately prior to the date fixed for the election in a newspaper of general circulation published in the county, and, if any portion of the proposed district lies within any other county or counties, then the order and notice shall be published in a newspaper of general circulation published within each of those counties. Publication shall be made in English. At the election and all elections held under the provisions of this act [73-12-1 to 73-12-57 NMSA 1978], all persons who are resident freeholders and owners of the land within the district, citizens of the United States and who are qualified electors under the Election Code [Chapter 1 NMSA 1978], shall be qualified electors, provided that if any farm or tract of land in the district is owned by more than one owner, only one person shall be permitted to vote at any election as the owner of such one farm or tract of land; and provided further that at such elections each otherwise qualified voter shall be entitled to cast and have counted as many votes as he shall have acres of land owned by him and situate within the district. Insofar as applicable, the general election laws of the state, except requirements for registration and except as otherwise provided for in this act, shall govern elections. Prior to the day of the election, the board of directors shall make up a list of the owners of land or the reputed owners of land for each of the three election districts, giving the number of acres owned or reputed to be owned by each person and furnish the list to the judges of election to be kept at the polls during the day of the election and the list of owners and acreage shall be prima facie evidence of the right of each owner to vote the number of acres shown to be owned by him by the list. No person shall vote by proxy or power of attorney except an officer or agent designated in writing as proxy or agent of a corporation entitled to vote at the election. The ballot to be used and cast at the election for the formation of the district shall have printed or typewritten thereon the words ". . . . . . . . . Electrical Irrigation District, . . . . . . . . . . Yes . . . . . Votes, and . . . . . . . . . . Electrical Irrigation District, . . . . . . . . . . No . . . . . Votes," or words equivalent thereto and shall contain the names of the persons to be voted for as members of the board of directors of the district and each ballot shall be signed by the person casting the same. Each elector may vote for three directors, one from each division, and shall indicate his vote by placing a marginal cross upon the ballot for or against any questions submitted or name voted upon and opposite thereto together with the figure or figures indicating the number of votes he is entitled to cast thereat.
History: Laws 1929, ch. 76, § 5; C.S. 1929, § 73-705; 1941 Comp., § 77-2405; 1953 Comp., § 75-25-5; Laws 1973, ch. 138, § 33.
Cross references. — For notice by publication, see 14-11-1 NMSA 1978 et seq.
For appeals to district court, see 39-3-1 and 39-3-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 3d Irrigation § 61.
94 C.J.S. Waters § 320.

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