§ 4-33-3 — Contest; notice of election

Immediately upon the filing of a petition under Section 4-33-2 NMSA 1978, it shall be the duty of the board of county commissioners with which the petition is filed to cause a notice to be published in some newspaper of general circulation in each county affected. Within thirty days after the publication of the notice, but not thereafter, any resident of either of the counties affected, on behalf of the resident and all others similarly situated, may bring an action in the district court of the county in which the area proposed to be annexed is located, against any one or more of the signers of the petition, alleging that the petition has not been executed by the requisite number of signers or that the area to be annexed is not accurately described or that the conditions described in Section 4-33-1 NMSA 1978 do not exist. The judge, after hearing, shall make a determination as to whether the allegations of the petition are well taken. If the judge shall determine that the allegations of the petition are well taken, the judge shall enter an order. If the order is not stayed, it shall be the duty of the board of county commissioners to call an election to be held within ninety days within the county of the area proposed to be annexed; provided that the date is not in conflict with the provisions of Section 1-24-1 NMSA 1978. The county clerk shall cause a notice of election to be published two times in a newspaper of general circulation in the county, the last publication thereof to be at least seven days before the date of the election. The notice shall specify whether the proposed annexation shall appear as a ballot question in a statewide election or specify the date a special election will be held as prescribed in the Election Code [Chapter 1, NMSA 1978]. At the election, all qualified electors who reside within the county shall be entitled to vote.

Legislative History

1941 Comp., § 15-3307, enacted by Laws 1947, ch. 196, § 3; 1951, ch. 148, §