N.M. Const. art. XII, § 14
Any elected local school board member is subject to recall by the voters of the school district from which elected. A petition for a recall election must cite grounds of malfeasance or misfeasance in office or violation of the oath of office by the member concerned. The recall petition shall be signed by registered voters not less in number than thirty-three and one-third percent of those who voted for the office at the last preceding election at which the office was voted upon. Procedures for filing petitions and for determining validity of signatures shall be as provided by law. If at the special election a majority of the votes cast on the question of recall are in favor thereof, the local school board member is recalled from office and the vacancy shall be filled as provided by law. (As added November 6, 1973; and as amended November 4, 1986.)
The 1986 amendment, which was proposed by S.J.R. No. 1 (Laws 1985) and adopted at the general election held on November 4, 1986, by a vote of 178,149 for and 103,483 against, substituted the present fourth sentence for the existing one and deleted the former last sentence.
The 1973 amendment to Article XII, which was proposed by H.J.R. No. 21 (Laws 1973) and adopted at the special election held on November 6, 1973, by a vote of 22,227 for and 19,929 against, added this section.
Compiler's notes. — An amendment proposed by S.J.R. No. 15 (Laws 1993), which would have repealed this section in its entirety, was submitted to the people at the general election held on November 8, 1994. It was defeated by a vote of 115,411 for and 281,588 against.
Recall for cause. — Constitution provides for recall for cause, and not recall at will. CAPS v. Board Members, 1992-NMSC-035, 113 N.M. 729, 832 P.2d 790.
Legislature may not require individuals initiating recall to be responsible for cost of recall. 1976 Op. Att'y Gen. No. 76-40.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 187 to 210; 68 Am. Jur. 2d Schools § 57.
67 C.J.S. Officers and Public Employees §§ 182 to 185; 78 C.J.S. Schools and School Districts § 134 et seq.