A. No signature may be signed on the petition prior to the initiation date.
B. Signatures are valid for a maximum of one hundred ten calendar days from the date of initiation.
C. Each signer of a recall petition shall sign but one petition unless more than one member is a named member, and in that case not more than the number of recall petitions equal to the number of named members shall be signed.
D. The signature shall not be counted unless the entire line is filled in full and is upon the form prescribed by the Local School Board Member Recall Act [22-7-1 NMSA 1978].
E. A signature shall be counted on a recall petition unless there is evidence presented that the person signing:
(1) is not a registered voter of the county and of the school district listed on the face sheet of the petition;
(2) has signed more than one recall petition for one named member or has signed one petition more than once; or
(3) is not the person whose name appears on the recall petition.
F. The minimum number of verified signatures needed to validate a petition is thirty-three and one-third percent of the number of registered voters who voted for the school board position of the named member at the last preceding school board election.
HISTORY:
1953 77-4A-10, enacted by Laws 1977, ch. 308, § 10; 1985, ch. 169, § 6.
Notes to Decisions
Affidavit.
Premature signature of affidavits accompanying school board recall petitions did not invalidate those petitions where there was no evidence of fraud in the circulation of those petitions and the purity of the election process was not thwarted. Montoya v. Lopez, 1983-NMSC-024, 99 N.M. 448, 659 P.2d 900, 1983 N.M. LEXIS 2264 (N.M. 1983).
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.
Duties of county clerk, 22-7-9 NMSA 1978.