1-25-11. Recall; election.

272 words·~1 min read·/nm/chapter-1-elections/article-25-recall/1-25-11

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A. Except as otherwise provided in the Recall Act, recall elections shall be conducted and canvassed pursuant to the provisions of the Local Election Act.

B. The date of the recall election shall be set no later than ninety days after the date of the determination by the county clerk; provided that:

(1)the date is not in conflict with the provisions of Section 1-24-1 NMSA 1978; and

(2)if the date of the determination by the county clerk is within ninety days but no less than forty-nine days before a statewide election, the recall election shall be the first ballot question following the election or nomination of candidates on the statewide election ballot; and if the statewide election is a political party primary or the regular local election, ballots containing only the recall ballot question shall be available to voters who do not otherwise qualify to vote in the statewide election.

C. The question to be submitted to the voters at the recall election shall be whether the named official shall be recalled and shall present the voter the choice of voting "for the removal of" the named official or "against the removal of" the named official. The ballot or ballot question shall be in compliance with the federal Voting Rights Act of 1965, as amended.

History: 1953 Comp., § 77-4A-13, enacted by Laws 1977, ch. 308, § 13; 1979, ch. 277, § 3; 1985, ch. 169, § 8; 1993, ch. 226, § 18; 2015, ch. 145, § 98; 2018, ch. 79, § 90; 1978 Comp., § 22-7-13, recompiled and amended as § 1-25-11 by Laws 2019, ch. 212, § 169.