2018 New Mexico Statutes
Chapter 22 - Public Schools
Article 7 - Local School Board Member Recall
Section 22-7-2 - Purpose of act.
The purpose of the Local School Board Member Recall Act is to establish the methods and procedures by which a local school board member may be recalled as provided in Article 12, Section 14 of the constitution of New Mexico.
History: 1953 Comp., § 77-4A-2, enacted by Laws 1977, ch. 308, § 2.
Protections when exercising the right to petition. — Where respondent, a Taos school board member, brought a malicious abuse of process claim against petitioners, eighteen members of an unincorporated citizens' association who sought to remove respondent from office, the district court properly granted petitioners' motion to dismiss, because petitioners who pursue the recall of a local school board member under the Local School Board Member Recall Act, 22-7-1 to 22-7-16 NMSA 1978, are entitled to the procedural protections of the New Mexico statute prohibiting strategic litigations against public participation (Anti-SLAPP statute, 38-2-9.1 NMSA 1978), and are entitled to immunity under the Noerr-Pennington doctrine when they exercise their first amendment right to petition. Cordova v. Cline, 2017-NMSC-020, rev'g 2013-NMCA-083, 308 P.3d 975.
