A. The county clerk shall perform the following duties:
(1) provide standard face sheet forms to include a place for the mailing address of the petitioner, standard subsequent page forms and standard affidavit forms to the general public upon request;
(2) affix the initiation date to the completed face sheet only after the district court has issued an order permitting the continuation of the recall process after a hearing pursuant to Section 22-7-9.1 NMSA 1978 on the sufficiency of facts supporting the charges of malfeasance or misfeasance in office or violation of oath of office;
(3) send one copy of the completed face sheet to the named member by registered mail, return receipt requested; and
(4) keep one copy of the completed face sheet on file.
B. Upon receipt of completed petitions, the county clerk shall stamp the petitions with the date of closure. All completed petitions for the recall of one or more named members shall be filed with the county clerk on the same day within one hundred ten calendar days from the date of initiation.
C. The county clerk shall verify the signatures on the completed petitions within ten working days.
D. Within five working days of the validation by the county clerk, the county clerk shall determine whether the verified signatures meet the minimum number required by Section 22-7-10 NMSA 1978.
E. If the county clerk determines that sufficient signatures have not been submitted, he shall notify the petitioner at the mailing address listed on the face sheet and the named member by registered mail, return receipt requested, within three working days after the determination.
F. If the county clerk determines that sufficient signatures have been submitted, he shall do the following within three working days after the determination:
(1) notify the petitioner at the mailing address listed on the face sheet and the named member by registered mail, return receipt requested; and
(2) initiate procedures for a special recall election as provided in Section 22-7-13 NMSA 1978.
HISTORY:
1953 77-4A-9, enacted by Laws 1977, ch. 308, § 9; 1979, ch. 277, § 1; 1985, ch. 169, § 5; 1987, ch. 142, § 1.
Notes to Decisions
Signatures.
In verifying petitions for recall election of three school members, school superintendent properly excluded signatures of: (1) electors who voluntarily sought to remove their names from the petitions, and (2) electors who failed to date their signatures. However, he improperly excluded signatures of electors who failed to list their city or print their name as registered, as the county clerk could determine whether these electors were qualified. State ex rel. Citizens for Quality Educ. v. Gallagher, 1095-NMSC-030, 1985-NMSC-030, 102 N.M. 516, 697 P.2d 935, 1985 N.M. LEXIS 1940 (N.M. 1985).
Research References and Practice Aids
Cross references.
Recall petition; limitation on appeals of validity of recall petition, 22-7-12 NMSA 1978.
Review of election recall petitions, Rule 1-096.1 NMRA.