A. In any district, except a district created pursuant to a petition signed by the chair of the board of county commissioners of a county, in accordance with the Local Election Act [Chapter 1, Article 22 NMSA 1978] there shall be elected by the qualified electors of the district one member of the board to serve for a term of six years, except that if the district elects to adopt four-year terms, the member shall serve for a term of four years.
B. In any district created pursuant to a petition signed by the chair of the board of county commissioners of a county, in the odd-numbered year after the organization of the district and every second year thereafter, there shall be elected by the qualified electors of the district at least two, but no more than three, members of the board to serve for a term of two years. The election shall be held in accordance with the provisions of the Local Election Act.
C. Nominations may be filed with the proper filing officer in accordance with the provisions of the Local Election Act. If within ninety days prior to a board election the district publishes materials that describe the qualifications, experience and accomplishments of incumbents, equal space shall be made available without charge for similar information provided by opponents seeking a position on the board.
History: 1941 Comp., § 77-3413, enacted by Laws 1943, ch. 80, § 13; 1953 Comp., § 75-18-13; 1978 Comp., § 73-21-14, Laws 1984, ch. 14, § 1; 1985, ch. 155, § 6; 2009, ch. 241, § 3; 2018, ch. 79, § 170.
Cross references. — For qualification of board members, see 73-21-11 NMSA 1978.
For publication of legal notice, see Chapter 14, Article 11 NMSA 1978.
The 2018 amendment, effective July 1, 2018, provided that board members shall be elected in accordance with the Local Election Act and that nominations may be filed with the proper officer in accordance with the provisions of the Local Election Act; in Subsection A, after "commissioners of a county", deleted "on the second Tuesday of January in the second calendar year after the organization of the district and on the second Tuesday of January every second year thereafter" and added "in accordance with the Local Election Act", and after "elected by the", deleted "taxpaying" and added "qualified"; in Subsection B, after "county commissioners of a county,", deleted "one" and added "in the odd-numbered", after "elected by the", deleted "taxpaying" and added "qualified", and added the last sentence; and in Subsection C, deleted "Not later than thirty days before any election pursuant to Subsection A or B of this section", after "Nominations may be filed with the", deleted "secretary of the board, and, if a nominee does not withdraw the nominee's name before the first publication of the notice of election, the name shall be placed on the ballot. The board shall provide for holding such election and shall appoint judges to conduct it. The secretary of the district shall give notice of election by publication and shall arrange such other details in connection with the election as the board may direct" and added "proper filing officer in accordance with the provisions of the Local Election Act", and deleted the last three sentences of the subsection, which related to certifying election results.
The 2009 amendment, effective June 19, 2009, in Subsection C, added the fourth sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States § 136.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 21 - Water and Sanitation Districts
Section 73-21-1 - [Declaration of purpose.]
Section 73-21-2 - Short title.
Section 73-21-3 - Purpose of water and sanitation districts.
Section 73-21-4 - Definitions.
Section 73-21-5 - Organization of district.
Section 73-21-7 - Bond of petitioners.
Section 73-21-8 - Notice of hearing on petition.
Section 73-21-9 - Hearing on petitions; election for organization and officers.
Section 73-21-10 - Filing decree.
Section 73-21-11 - [Board of directors; qualification; bond.]
Section 73-21-15 - Board increase; appointed members.
Section 73-21-15.1 - Appointment of first board.
Section 73-21-16 - General powers.
Section 73-21-18 - Levy and collection of taxes.
Section 73-21-19 - Levies to cover defaults and deficiencies.
Section 73-21-20 - Officers levy and collect taxes.
Section 73-21-21 - Sale for delinquencies; purchase by district.
Section 73-21-22 - Sinking fund.
Section 73-21-23 - Inclusion [of additional property].
Section 73-21-24 - Exclusion [from district].
Section 73-21-25 - Liability of property included or excluded.
Section 73-21-26 - Bonds; interest; form.
Section 73-21-27 - Community Service District Act provisions apply.
Section 73-21-28 - Board resolution; indebtedness; election.
Section 73-21-31 - Effect of election; subsequent elections.
Section 73-21-32 - Correction of faulty notices.
Section 73-21-33 - Early hearings.
Section 73-21-34 - Liberal construction.
Section 73-21-35 - Character of act.
Section 73-21-36 - Acquisition, construction or improvement of systems; joint revenue bonds.
Section 73-21-37 - Interest; maturity; form; method of sale.
Section 73-21-38 - Revenue bond issuance.
Section 73-21-39 - Bonds collectible from operating revenues.
Section 73-21-40 - Rates; bondholders' remedy and taxpayer elector.
Section 73-21-41 - Restricted use of bond funds.
Section 73-21-42 - Violations; penalties.
Section 73-21-43 - Validation; existing districts.
Section 73-21-44 - Sale of system; escrow of proceeds.
Section 73-21-45 - Refunding bonds.
Section 73-21-46 - Limitations upon issuance.
Section 73-21-47 - Proceeds of refunding bonds.
Section 73-21-48 - Refunding bonds; detail; form.
Section 73-21-49 - Combination of issues.
Section 73-21-50 - Tax levy for general obligation refunding bonds.
Section 73-21-51 - Applicability of other bond provisions.
Section 73-21-52 - Duties of local government division.
Section 73-21-53 - Use of bond proceeds restricted.
Section 73-21-54 - Board's determination final.
Section 73-21-55 - Districts not subject to utility laws; option to submit to regulation.