1. A. The board of directors of the conservancy district may contract for a list compiler before each election to compile and produce a qualified elector's list for the district. The list compiler shall deliver the completed list to the election director or election officer no later than forty-five days prior to a district election. An individual who purchases property ninety days prior to an election and whose name does not appear on the qualified elector's list shall not vote in that election. The individual may become certified to vote in a future election by filing a deed of title with the appropriate county clerk at least ninety days before the next conservancy district election.
2. B. Names of qualified electors shall be obtained from the records of the county clerk of the appropriate county, the appropriate county assessor of the appropriate county, records of the conservancy district or from the census bureau and enrollment records provided by the pueblos. The county assessor of the appropriate county, the county clerk of the appropriate county and the tribal representatives of the appropriate pueblos shall deliver to the list compiler all records regarding qualified electors of the benefited area no later than the last day of each July before a district election.
3. C. Updating the qualified elector's list shall consist of adding, for any new qualified elector who has purchased property in the district, the name, address and description of all property owned by the qualified elector in the benefited area and removing the name of any elector who is deceased or who no longer owns property within the benefited area.

4. D. Proof of ownership of land within the benefited area requires one of the following:

   1. (1) a recorded deed or real estate contract indicating current ownership of land within the benefited area;
   2. (2) an individual's name on county clerk records indicating a description of property the individual owns within the benefited area;
   3. (3) an individual's name on a list compiled by the governing body of a pueblo within the benefited area indicating that the individual named is residing on and has legal or equitable title in the pueblo; or
   4. (4) a current property tax bill indicating ownership of land within the benefited area.
5. E. The election director or election officer shall distribute to each polling place a current qualified elector's list for the appropriate county. The election director or election officer shall distribute the qualified elector's list to each polling place within a pueblo located within the benefited area. A qualified elector may vote at any one polling place in the pueblo or county where the elector owns land. An individual who seeks to cast a vote but whose name is not on the qualified elector's list shall not be allowed to vote in that election.

History: 1978 Comp., § 73-14-20.1, enacted by Laws 1990, ch. 48, § 1; 1991, ch. 136, § 1; 1991, ch. 248, § 1; 1996, ch. 42, § 7; 1999, ch. 168, § 2; 2018, ch. 79, § 140; 2025, ch. 21, § 3.

ANNOTATIONS

The 2025 amendment, effective March 21, 2025, provided that the list compiler shall deliver the qualified elector's list for the conservancy district to the election director or election officer, shortened the time within which the list compiler must deliver the completed qualified elector's list, removed the requirement that the list compiler update the qualified elector's list before the district election, changed the date by which the county assessor, the county clerk, and the tribal representatives of the appropriate pueblos shall deliver to the list compiler all records regarding qualified electors of the benefited area, and substituted the election director or the election officer for the county clerk as the person responsible for distributing to each polling place a current qualified elector's list for the appropriate county and to each polling place within a pueblo located within the benefited area; in Subsection A, after "deliver the completed list to the" deleted "appropriate county clerk" and added "election director or election officer", after "no later than" deleted "one hundred eighty" and added "forty-five", and after "prior to a district election" deleted "and update the list every thirty days until ninety days before the election, which list the county clerk shall use for the election"; in Subsection B, after "no later than the last day of each" deleted "March" and added "July"; and in Subsection E, substituted each occurrence of "appropriate county clerk" with "election director or election officer".

The 2018 amendment, effective July 1, 2022, revised the duties of the contractor retained to produce a qualified elector’s list for the district, and revised the duties of the county clerk with regard to the qualified elector’s list for the district; in Subsection A, after "deliver the completed list to the", deleted "election director" and added "appropriate county clerk", after "no later than", deleted "forty-five" and added "one hundred eighty", and after "district election", added "and update the list every thirty days until ninety days before the election, which list the county clerk shall use for the election"; in Subsection B, after "shall deliver to the", deleted "election director" and added "list compiler"; in Subsection C, after "any elector who is deceased or", deleted "is no longer a qualified elector because he", and added "who"; and in Subsection E, deleted two occurrences of "election officer or the election director" and added "appropriate county clerk".

The 1999 amendment, effective June 18, 1999, substituted "forty-five days" for "twenty days" and "ninety days" for "twenty-eight days" in Subsection A, deleted "of the conservancy district" following "benefited area" in Subsections B, C, D, and E, substituted "March" for "August" in Subsection B, and deleted "of the district" following "benefited area" in Subsections D(1), D(2), and D(4).

The 1996 amendment, effective March 4, 1996, rewrote Subsection A; in Subsection B, substituted "the appropriate county assessor of the appropriate county" for "from the", inserted "census bureau and enrollment" preceding "records", deleted "on an annual basis" following "pueblos", and added the last sentence; in Subsection C, inserted "qualified elector's" preceding "list" and inserted "qualified" preceding "elector in" near the middle of the subsection; and rewrote Subsection E.

The 1991 amendment, effective June 14, 1991, in Subsection C, deleted "or has failed to pay any one or more of the conservancy district assessments charged to him within the last year" at the end of the first sentence and deleted a second sentence, which read "The precinct and county in which the elector shall vote shall be indicated on the registration list for each qualified elector"; deleted former Subsection D, relating to electors qualified to vote in more than one county; redesignated former Subsections E and F as present Subsections D and E; in Subsection D, inserted "recorded" preceding "deed" in Paragraph (1), added Paragraph (4), and made a related stylistic change; and, in Subsection E, substituted "registration list" for "list of those qualified electors who are registered to vote in the precinct where the polling place is located" at the end of the first sentence and added the second sentence.