1. A. The board of county commissioners shall, after an election has been ordered as provided in Section 2B [73-22-2B NMSA 1978] of this act, cause notice, embodying the order in substance, signed by the chairman of such board and attested by the clerk thereof, to be issued, giving public notice of such election, the time and place thereof and the matter submitted to the vote of the electors, said notice to be published in English in some newspaper published and having general circulation in said county, or if there be no such paper, then in some newspaper having general circulation therein, at least once a week for two (2) consecutive weeks, the last insertion of such notice to be not less than thirty (30) days prior to said election.

2. B. At said election held under the provisions of this act [73-22-1 to 73-22-5 NMSA 1978], the following persons, and no others, shall be deemed electors:

   1. all persons who are owners of agricultural lands within the district, or have evidence of title to such lands, or who are purchasers under contract of lands within the district;

   2. all resident entrymen of federal public [lands] and lessees of state agricultural lands within such district;

   3. any authorized officer or agent of a corporation owning land within such proposed district may cast the ballot of such corporation in all wind erosion district elections;

   4. all minors who are the owners of agricultural land within such district, entitled to vote at any election shall cast their vote by their father, mother or duly appointed guardian in the order named, and if they have no father, mother or duly appointed guardian, such minors may cast their own vote;

   5. any owner of agricultural lands in said district shall have the right to cast his vote at any election by any other person entitled to vote at such election whom he may so appoint as his proxy for that purpose in writing duly signed by him. Such proxy in writing shall be attached to and deposited with the ballot cast by such designated proxy and such ballot shall be signed by the name of the voter by the proxy, who shall also sign his name as such. Such written proxy shall be acknowledged before some person authorized by the laws of New Mexico to take acknowledgments.

3. C. Insofar as applicable, the general election laws of this state, except the requirements for registration under Section 3-2-49 [repealed] and residence in state, county and precinct under Section 3-2-51 [repealed] New Mexico Statutes Annotated, 1953 Compilation, and except as in this act otherwise provided, shall govern all elections under this act.
4. D. The board of county commissioners shall furnish sufficient printed ballots for all voters at each election. The ballots for the election shall contain, a place for the elector to vote for or against the formation of the proposed wind erosion district. Each elector shall sign his name on a line to be provided at the bottom of the ballot for that purpose before voting or casting such ballot.

5. E. Any qualified elector, as defined in this act, desiring to vote by mail, may do so by preparing his ballot in the manner prescribed by this act, affixing his signature thereto and mailing or sending the same, in a sealed envelope, to the judges of election of the voting district, division or polling place in which he is entitled to vote as designated in the notice of election, provided that such ballot must reach the judges of election therein not later than six o'clock p.m., on the day of such election.

   F. The board of directors or board of supervisors, as the case may be, shall furnish each elector immediately upon request, personally or by mail, with a copy of such printed ballot for his use in voting if he will not be present at the polling place on the day of election. Such ballots shall be printed and ready for distribution at least thirty (30) days before any election. The form of ballot for the first election shall be substantially as follows:

   BALLOT

6. On Question of Formation of ____________________

7. Wind Erosion District

   1. (Place "X" in one of boxes below)

      1. For Wind Erosion District ............................. [ ]
      2. Against Wind Erosion District ......................... [ ]

   2. G. The judges of such election, after the polls have closed, shall count and tally the ballots cast, and the clerk shall certify the result of said election and send such certificate together with all the ballots cast at such election and all written proxies to the county clerk of the county, who shall deliver the same to the board of county commissioners, by which body such votes and returns shall be canvassed. The certificate of said election clerk shall also set forth the number of ballots received; the total number of ballots and votes cast; that the said ballots were duly received and voted within the time fixed; that the same are all of the ballots and votes cast and received and that they are in the same condition as when received. After the board of county commissioners has received such certificate, together with the ballots and pollbooks and proxies of such election and has made its canvass, it shall declare and enter of record the results of such election, which shall be done at the next regular or called meeting of such board succeeding said election.

      No votes of an elector cast at any election shall be counted unless the ballot has been signed as provided herein.

   3. H. The board of county commissioners shall cause the petition herein provided for, all notices of publication and all orders of said board to be duly entered and recorded in the records of the board of county commissioners.
   4. I. The expense of carrying out the provisions of this act shall be paid by said board of county commissioners out of the general funds of said county.

History: 1953 Comp., § 45-6-24, enacted by Laws 1955, ch. 241, § 3.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Sections 3-2-49 and 3-2-51, 1953 Comp., cited in Subsection C of this section, were repealed by Laws 1969, ch. 240, § 451. For comparable provisions in the Election Code, see 1-1-4, 1-4-1 and 1-4-2 NMSA 1978.

Cross references. — For Election Code, see Chapter 1 NMSA 1978.

For publication of legal notice, see Chapter 14, Article 11 NMSA 1978.

For acknowledgments, see Chapter 14, Article 13 NMSA 1978.

Polling places. — Under former 3-2-3.4, 1953 Comp., being part of election laws and therefore governing manner in which elections for creation of wind erosion districts were to be held, a polling place was to be placed in each and every precinct in the area wherein the election was to be held. 1956 Op. Att'y Gen. No. 56-6352.

Nonpartisan election. — In this type of election notice to the chairmen of the dominant political parties need not be given because the election is nonpartisan, in the sense that political parties as such are not involved. 1956 Op. Att'y Gen. No. 56-6352.