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.