§ 1-24-2 — Special election procedures; proclamation; publication

A. Whenever a local public body determines that it is necessary or desirable to conduct a special election: (1) the governing body shall by resolution issue a public proclamation calling the election. The proclamation shall forthwith be filed with the county clerk no later than seventy days prior to the date for the special election. If the boundaries of the local public body include precincts in multiple counties, the proclamation shall forthwith be filed with each county clerk no later than seventy days prior to the election; (2) the proclamation shall specify: (a) the date on which the special election will be held; (b) the purpose for which the special election is called; and (c) the text of the ballot question or ballot questions to be voted on; (3) after filing with the county clerk or clerks the proclamation issued pursuant to this subsection, each county clerk shall post the proclamation beginning no later than sixty-seven days before the election and, beginning not less than sixty-three days before the date of the election, each county clerk shall publish the proclamation once each week for two consecutive weeks in a newspaper of general circulation within the boundaries of the local public body; provided that if the boundaries of the local public body include precincts in multiple counties that share the same newspaper of general circulation, the county clerks may jointly publish the proclamation; (4) the posting and publication pursuant to this subsection shall also inform the public that the special election will be conducted by mailed ballot, of the date ballots will be initially mailed to voters and of the last day to register to vote or to update an existing registration in advance of the special election; and (5) the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended. B. Whenever the state determines that it is necessary or desirable to conduct a special election: (1) the secretary of state shall by resolution issue a public proclamation calling the election. The proclamation shall forthwith be filed with the secretary of state no later than seventy-five days prior to the election; (2) the proclamation shall specify: (a) the date on which the special election will be held; (b) the purpose for which the special election is called; and (c) the text of the ballot question or ballot questions to be voted upon; (3) after filing with the secretary of state the proclamation issued pursuant to this subsection, the secretary of state shall within five days certify the proclamation to each county clerk in the state; (4) the proclamation shall be posted and published in the same manner as provided for a proposed state constitutional amendment pursuant to Section 1-16-4 NMSA 1978; (5) the posting and publication pursuant to this subsection shall also inform the public that the special election will be conducted by mailed ballot, of the date ballots will be initially mailed to voters and of the last day to register to vote or to update an existing registration in advance of the special election; and (6) the proclamation shall conform to the requirements of the federal Voting Rights Act of 1965, as amended.

Legislative History

Laws 1989, ch. 295, § 2; 2011, ch. 137, § 107; 2017, ch. 101, § 19; 2018, ch. 79, § 40;