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B. The members of the boards of directors created pursuant to provisions of Sections 73-14-18 through 73-14-32 [repealed] NMSA 1978 shall be elected at an election held on the first Tuesday after the first Monday in June in 2001 and in each odd-numbered year thereafter.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the conservancy district shall be conducted, counted and canvassed as provided in Sections 73-14-18 through 73-14-32 [repealed] and 73-14-84 through 73-14-86 NMSA 1978.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.
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 Section 73-14-32, referred to in Subsections B and C of this section, was repealed by Laws 1996, ch. 42, § 18.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.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 14 - Conservancy Districts; Definitions; Organization and Management
Section 73-14-1 - Declaration.
Section 73-14-2 - Application.
Section 73-14-3 - Definition of terms.
Section 73-14-4 - Jurisdiction of the conservancy court.
Section 73-14-5 - Petition; place of filing; signatures; contents; land included.
Section 73-14-6 - Bond of petitioners.
Section 73-14-7 - Notice of hearing on petition.
Section 73-14-8 - Protesting petitions and hearing on petitions.
Section 73-14-10 - Notice of election; publication.
Section 73-14-11 - Form of ballot.
Section 73-14-12 - Conduct of election.
Section 73-14-13 - Declaration of organization.
Section 73-14-14 - Application of election law.
Section 73-14-15 - Hearing; declaration of organization; nature of district; contents of decree.
Section 73-14-16 - Filing order of incorporation.
Section 73-14-17 - Appointment of directors.
Section 73-14-19 - Boards of directors; membership; qualifications.
Section 73-14-20 - Definitions.
Section 73-14-20 - Definitions. (Effective July 1, 2022.)
Section 73-14-20.1 - Qualified elector list.
Section 73-14-20.1 - Qualified elector list. (Effective July 1, 2022.)
Section 73-14-21 - Board of directors; election; terms.
Section 73-14-22 - Board of directors; apportionment.
Section 73-14-23 - Suspension or removal.
Section 73-14-24 - Time and procedure for election.
Section 73-14-24 - Time and procedure for election. (Effective July 1, 2022.)
Section 73-14-25 - Declaration of candidacy; signatures of electors.
Section 73-14-25 - Declaration of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-26 - Designation of positions for purposes of election.
Section 73-14-28 - Election judges. (Repealed effective July 1, 2022.)
Section 73-14-28.1 - Election.
Section 73-14-28.1 - Election. (Effective July 1, 2022.)
Section 73-14-29 - Form of ballot. (Repealed effective July 1, 2022.)
Section 73-14-30 - Election expenses.
Section 73-14-31.1 - Absentee ballot application. (Repealed effective July 1, 2022.)
Section 73-14-31.3 - Absentee-early voting; electioneering. (Repealed effective July 1, 2022.)
Section 73-14-33 - Organization of the board of directors.
Section 73-14-35 - Employment of agents.
Section 73-14-36 - Preparation of plans.
Section 73-14-37 - Powers to execute improvement plans [; facilities for recreation and research]
Section 73-14-38 - Access to land.
Section 73-14-39 - General powers.
Section 73-14-40 - Letting contracts.
Section 73-14-41 - Dominant right of eminent domain.
Section 73-14-42 - Condemnation under general law.
Section 73-14-43 - Regulations to protect works.
Section 73-14-44 - Removal of structures.
Section 73-14-45 - Passing equipment through bridge or grade.
Section 73-14-46 - Surveys and investigations [; flood warning service]
Section 73-14-47 - The use of water.
Section 73-14-48 - General grant of power.
Section 73-14-49 - Declaration of policy.
Section 73-14-50 - Distribution of irrigation waters.
Section 73-14-51 - Rules and regulations.
Section 73-14-52 - Enforcement.
Section 73-14-55 - [Boards of directors; membership; qualifications.]
Section 73-14-55 - Boards of directors; membership; qualifications. (Effective July 1, 2022.)
Section 73-14-56 - [Election of board members.]
Section 73-14-57 - Definition of "qualified electors".
Section 73-14-58 - [Six-year terms; vacancies; organization of board; transfer of property.]
Section 73-14-58 - Terms; vacancies. (Effective July 1, 2022.)
Section 73-14-59 - [Suspension or removal of directors.]
Section 73-14-60 - [Board empowered to fill vacancies.]
Section 73-14-61 - Notice of candidacy; signatures of electors.
Section 73-14-61 - Notice of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-62 - [Time, place and procedure for election.]
Section 73-14-62 - Time, place and procedure for election. (Effective July 1, 2022.)
Section 73-14-64 - [Conduct of election; procedure.] (Repealed effective July 1, 2022.)
Section 73-14-66 - [Election expenses; payment; levy of tax.]
Section 73-14-67 - [Election violations; penalty.]
Section 73-14-68 - Audit of district records; levy.
Section 73-14-69 - Application of provisions of act.
Section 73-14-70 - Applicability of act.
Section 73-14-71 - Definition of "qualified elector.".
Section 73-14-72 - Board of directors; powers; election; terms.
Section 73-14-73 - Elections; when held.
Section 73-14-73 - Elections. (Effective July 1, 2022.)
Section 73-14-74 - Eligibility of district to hold election.
Section 73-14-74 - Eligibility of district to hold election. (Effective July 1, 2022.)
Section 73-14-75 - Election of first board of directors.
Section 73-14-76 - Vacancies on board; how filled.
Section 73-14-77 - Suspension or removal of board members.
Section 73-14-78 - Notice of candidacy; signatures of electors.
Section 73-14-78 - Notice of candidacy; signatures of electors. (Effective July 1, 2022.)
Section 73-14-79 - Designation of board members for purposes of election.
Section 73-14-81 - Election judges. (Repealed effective July 1, 2022.)
Section 73-14-82 - Election; form of ballot. (Repealed effective July 1, 2022.)
Section 73-14-83 - Election; polls; opening and closing times. (Repealed effective July 1, 2022.)
Section 73-14-84 - Election; procedure. (Repealed effective July 1, 2022.)
Section 73-14-86 - Election; canvass; certificates of election. (Repealed effective July 1, 2022.)
Section 73-14-87 - Election expense.
Section 73-14-88 - Election violations; penalty.
Section 73-14-89 - Penalty; false voting.
Section 73-14-90 - Unlawful possession of absentee ballot material; penalty.
Section 73-14-91 - Unlawful opening of ballot box; penalty.
Section 73-14-92 - Falsifying an election document; penalty.