2018 New Mexico Statutes
Chapter 22 - Public Schools
Article 7 - Local School Board Member Recall
Section 22-7-8 - Responsibilities of petitioner.
A. The petitioner may obtain a face sheet form and a subsequent page form from the county clerk, or the petitioner may assemble both as provided in Section 22-7-6 NMSA 1978.
B. The petitioner shall complete the following portions of the face sheet:
(1) name of the named member; and
(2) name of the person, group or organization initiating the petition.
C. The petitioner shall cite the specific charges in support of the recall of the named member on the face sheet in compliance with the federal Voting Rights Act of 1965, as amended. The charges shall constitute misfeasance in office, malfeasance in office or violation of oath of office.
D. The petitioner shall submit the completed face sheet to the county clerk for affixing of the initiation date.
E. The petitioner shall duplicate the completed face sheet with the initiation date affixed.
F. The petitioner shall file all petitions collected to recall the named member with the county clerk on the same day within one hundred ten calendar days from the initiation date.
History: 1953 Comp., § 77-4A-8, enacted by Laws 1977, ch. 308, § 8; 1985, ch. 169, § 4.
Cross references. — For the federal Voting Rights Act of 1965, see 42 U.S.C. §§ 1973 to 1973bb-1.
Premature signing of affidavit. — Canvassers signed affidavits prior to obtaining signatures, in the mistaken belief that this was necessary before the circulation of the petitions could begin. These premature signatures of the affidavits did not invalidate the petitions or the results of the recall election. Montoya v. Lopez, 1983-NMSC-024, 99 N.M. 448, 659 P.2d 900.
Improper motive as component of misfeasance. — When a public officer has a right to perform an act which is discretionary, the manner in which the discretion is exercised does not rise to the level of misfeasance unless the discretion is exercised with an improper or corrupt motive; therefore where the school board engaged in a site selection process spanning approximately two years, including consideration of 15 sites and a myriad of relevant factors, and nothing in the record indicated that any of the challenged board members acted out of an improper or corrupt motive, there was no misfeasance. CAPS v. Board Members, 1992-NMSC-035, 113 N.M. 729, 832 P.2d 790.
