A. Prior to affixing the date of initiation to the completed face sheet, the county clerk shall file an application with the district court within five days from the date the completed face sheet is presented to the county clerk, requesting a hearing for a determination by the court of whether sufficient facts exist to allow the petitioner to continue with the recall process.
B. Upon the filing of the application, the district court shall set a hearing date on the issue of sufficiency of the facts alleged, which hearing shall be held not more than ten days from the date the application is filed by the county clerk. The court shall notify the petitioner at the mailing address listed on the face sheet of the time and place of the hearing.
C. Upon review of the completed face sheet together with affidavits submitted by the petitioner setting forth specific facts in support of the charges specified on the face sheet, the district court shall make a determination whether sufficient facts exist to allow petitioners to continue with the recall process.
D. Upon entry of an order by the court that sufficient facts exist to allow the petitioner to continue the recall process, the county clerk shall affix the date of initiation to the completed face sheet.
E. The district court’s decision is appealable by the petitioner only to the supreme court, and notice of appeal shall be filed within five days after the decision of the district court. The supreme court shall hear and render a decision on the appeal forthwith.
HISTORY:
1978, 22-7-9.1, enacted by Laws 1987, ch. 142, § 2.
Notes to Decisions
Sufficiency of allegations.
Allegations by recall petitioners that school board members knowingly made policy decisions concerning the respective roles of the superintendent and the school board without public participation in violation of the New Mexico Open Meetings Act [10-15-1.1 NMSA 1978], provided a sufficient legal basis for the a recall process, and said allegations were not merely a means of harassment or for purely political or personal purposes. Frizell v. Martinez (In re Request for Recalls of Gadsden Indep. Pub. Sch. Bd. Members), 2005-NMSC-037, 138 N.M. 575, 124 P.3d 210, 2005 N.M. LEXIS 550 (N.M. 2005).
Recall petitioners’ allegations that school board members selected a school site that was not in the best interest of the majority of the school’s constituents did not state sufficient facts to support their recall for malfeasance in office, where the evidence showed that the board engaged in a lengthy and comprehensive site selection process, and there was no indication that any of the challenged board members acted out of an improper or corrupt motive. Caps v. Board Members, 1992-NMSC-035, 113 N.M. 729, 832 P.2d 790, 1992 N.M. LEXIS 178 (N.M. 1992).
Research References and Practice Aids
Cross references.
Duties of county clerk, 22-7-9 NMSA 1978.
Appeals in actions challenging candidacies or nominating petitions; primary or general elections; school board recalls and recalls of elected county officials, Rule 12-603 NMRA.