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43-1446. Commission-manager; recall; election; ballot; effect;.., NM ST § 3-14-16 [West's New Mexico Statutes Annotated [Chapter 3. Municipalities [Article 14. Commission-Manoger Form of Government; Municipalities over N.M.S.A. 1978, § 9-14-16 §9:14-36.Commisson-manager: eal election; ballot effect ling vacancies Effective: May 16,2018 A. In any commission-manager municipality, any elective officer is subject to a recall election for malfeasance or ‘misfeasance in office ora violation of the oath of office based upon acts or failures to act occurring during the current term of the official sought to be recalled. 1B. The factual allegations that support the grounds for recall shall be presented in complaint 10 the district court for the county in which the recalis proposed tobe conducted. The distiet court shall hold a hearing to determine if probable couse exists for the grounds for recall. The proponents ofthe recall effort and the officer sought to be recalled shall be given an opportunity to present evidence ot the hearing, In making its determination, the district cour shall only consider evidence of acs or failures to act occurring during the curent term of theofficial sought to be recalled, C. IF the district court determines that probable cause for the recall exists ion may be circulated. The recall peton shall che the grounds of malfeasance or miseasance in office of ihe oa of ofice by ie ofa concemed. The cited grounds shall be based upon acts or failures to act occurring during the current term of the official ‘Sought to be recalled. The grounds for recall in the petition shall be as found by the district cour in its finding of probable ‘cause. The recall petition shall be signed by the qualified electors in a number more than twenty percent of the average rhumber of voters who voled atthe previous four regular municipal elections or more than twenty percent of the number of voters who voted atthe previous regular municipal election, whichever isthe greater. . The municipal clerk shall verify thatthe persons who signed the petition are qualified electors in the district and that the petition contains the proper number of signatures. If the municipal clerk has so verified the petition, the commission shall call, 4 special election unless the regular municipal election occurs within sixty days, in which case the qualified electors shall vote on the recall atthe regular election. In either eas, there shall be a special ballot containing the name of the officer, the title of the office and the dates of the begianing and lermination of the officer's official term, Below the name ofthe officer shall be two phrases, "For the recalt” and “Against the recall", one below the other with a space afer eaeh for placing a cross ‘where desired, (fa majority ofthe votes cast favor recall and the number of votes cast favoring a recall are equal to oF more than the number the ofTicer received when the officer was a candidsle for office, the officer who is the subject of recall is ‘recalled from the office andthe office in question is declared vacant, E, If an officer is recalled, the officer shall not be eligible for reelection until the term for which the officer was originally lected has expired, § 3-14-46, Commission-manager; recall; election; ballot; affect... NM ST § 3-14-16 F. Ifthe recall election resus ina failure to secure the votes necessary to recall the officer in question shall not be subject ‘again to recall until sic months have elapsed from the date the previous recall election was held. vacancy created by a recall election shall be filled in the same manner as other vacancies on the commission are filled. fall commissioners are recalled atthe same election, the municipal clerk or, iFthere is no municipal clerk, the district court shall, within three days, call an election as provided in Section 3-14-8 NMSA 1978 for the election of five commissioners. Credits LL 1965, Ch. 300; L. 2018, Ch. 49, § 1, eff: May 16, 2018. Formerly 1953 Comp.,§ 14-13-16, NMSA 1978, § 3-14-16, NM ST § 3-14-16 Current through the end of the Second Repular Session of the S3rd Legislature (2018). Fd of Docume 2018 Uamon Rees evwouigi US Caveman Woks