1. A. A person who desires to become a candidate for election as a member of the conservancy district board of directors shall file a written declaration of candidacy with the election director or election officer at least sixty days before the election. The election director or election officer shall certify the candidates to the board of directors.

2. B. The declaration of candidacy shall contain:

   1. (1) a statement that the candidate is a qualified elector of the district and meets the qualifications of a director as required by law;
   2. (2) the candidate's name, address, county of residence and date of declaration of candidacy;
   3. (3) the numerical designation of the position on the board of directors for which the person desires to be a candidate;
   4. (4) if a candidate for a position representing a county in the conservancy district, a petition signed by at least seventy-five qualified electors of the district who reside in that county;
   5. (5) if a candidate for the position at large in the conservancy district, a petition signed by at least one hundred twenty-five qualified electors; and
   6. (6) a statement that the person resides within the conservancy district and in the county for which the person desires to be a candidate on the board of directors.

History: 1953 Comp., § 75-28-11.8, enacted by Laws 1975, ch. 262, § 8; 1996, ch. 42, § 9; 1999, ch. 168, § 4; 2018, ch. 79, § 142; 2025, ch. 21, § 5.

ANNOTATIONS

The 2025 amendment, effective March 21, 2025, revised certain procedures for declaring candidacy for election to the conservancy district board of directors; in Subsection A, after "written declaration of candidacy with the" deleted "proper filing officer in accordance with the provisions of the Local Election Act" and added "election director or election officer at least sixty days before the election. The election director or election officer shall certify the candidates to the board of directors"; and in Subsection B, in the introductory clause, after "The declaration of candidacy shall" deleted "be accompanied by" and added "contain" and deleted former Paragraphs B(1) and B(2) and added new Paragraphs B(1) through B(6).

The 2018 amendment, effective July 1, 2022, required any person who desires to become a candidate for election as a member of the conservancy district board of directors to file a written declaration of candidacy, accompanied by a petition with the requisite number of signatures, with the proper filing officer in accordance with the provisions of the Local Election Act; in Subsection A, deleted "Any" and added "A", after "candidacy with the", deleted "election director or with the election officer at least sixty days before the election. The election officer or the election director shall certify the candidates to the board of directors" and added "proper filing officer in accordance with the provisions of the Local Election Act"; and in Subsection B, after "shall", deleted "contain" and added "be accompanied by", deleted former Paragraphs B(1) through B(3) and redesignated former Paragraphs B(4) and B(5) as Paragraphs B(1) and B(2), respectively, and deleted Paragraph B(6).

The 1999 amendment, effective June 18, 1999, inserted "of directors" and substituted "sixty days" for "thirty days" in Subsection A, deleted "date and" preceding "county of residence", and inserted "and date of declaration of candidacy" in Subsection B(2).

The 1996 amendment, effective March 4, 1996, substituted "Declaration" for "Notice" in the section heading; rewrote Subsection A; in Subsection B, substituted "declaration" for "notice", inserted "date" in Paragraph (2), substituted "who reside" for "resident" in Paragraph (4), deleted "resident in the conservancy district" following "qualified electors" in Paragraph (5), added Paragraph (6), and made a minor stylistic change.

Residency requirement for election. — A person cannot stand for election for the board of directors of the Middle Rio Grande Conservancy District if that person resides in a county in which part of the district is located but outside the district itself. 1988 Op. Att'y Gen. No. 88-34.