2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 30 - Municipal Debt; Voting on Question
Section 3-30-6 - Bond election; qualifications of voters; separation of items; time; publication or posting; ballots.

A. Before bonds are issued, the governing body of the municipality shall submit to a vote of the qualified electors of the municipality the question of issuing the bonds. The election may be held at the same time as the regular local election or at any special election held pursuant to Article 9, Section 12 of the constitution of New Mexico.

B. The governing body of the municipality shall give notice of the time and place of holding the election and the purpose for which the bonds are to be issued. The election shall be conducted pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].

C. The question shall state the purpose for which the bonds are to be issued and the amount of the issue. If bonds are to be issued for more than one purpose, a separate question shall be submitted to the voter for each purpose to be voted upon. The ballots shall contain words indicating the purpose of the bond issue and a place for a vote "For . . . (designate type) bonds" and "Against . . . (designate type) bonds" for each bond issue. The ballots shall be deposited in a separate ballot box unless voting machines are used.

History: 1953 Comp., § 14-29-6, enacted by Laws 1965, ch. 300; 1977, ch. 28, § 5; 1985, ch. 208, § 116; 2018, ch. 79, § 65; 2019, ch. 212, § 185.

Cross references. — For definitions of "publish" or "publication," see 3-1-2 NMSA 1978.

The 2019 amendment, effective April 3, 2019, in Subsection A, deleted "registered" preceding "qualified electors", and after "electors of the municipality", deleted "and the nonresident municipal electors".

The 2018 amendment, effective July 1, 2018, provided that the provisions of the Local Election Act govern elections called for the purpose of voting on the issuance of bonds; in Subsection A, after "regular", deleted "municipal" and added "local"; and in Subsection B, deleted "Notice of a bond election shall be given as required in the Municipal Election Code for special elections. A change in the location of a polling place after notice has been given shall not invalidate a bond election." and added "The election shall be conducted pursuant to the provisions of the Local Election Act.".

Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.

Constitutionality. — This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.

The operable provisions of N.M. Const., art. IX, § 12, as interpreted by the New Mexico supreme court and the classifications and requirements of the enabling statutes for creation of municipal indebtedness, 3-30-2 and 3-30-3 NMSA 1978 and this section, rationally promote legitimate state interests and are constitutionally justified. Snead v. City of Albuquerque, 663 F. Supp. 1084 (D.N.M. 1987), aff'd, 841 F.2d 1131 (10th Cir. 1987), cert. denied, 485 U.S. 1009, 108 S. Ct. 1475, 99 L. Ed. 2d 704 (1988).

Power of state to impose restrictions on right to vote. — The state of New Mexico has the power to impose reasonable residence and other restrictions on the right to vote, so long as the restrictions are not discriminatory and are based on a reasonable classification. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.

Limitation of electors to those property owners who are otherwise qualified to vote in the county is based upon the practical and reasonable consideration that in New Mexico the voter registration records are kept and maintained by the county clerk, are readily available for use in checking qualifications of electors and are used by the municipalities in the county in the conduct of municipal elections. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.

Persons held to be qualified electors. — Property owner whose mortgagee paid assessed tax as agent for him, and property owner exempt from payment of tax under soldier exemption provided in N.M. Const., art. VIII, § 5, were persons who had paid a property tax during the preceding year within constitutional and statutory requirements, and therefore were qualified electors in voting on general obligation bond for municipal improvements. Hair v. Motto, 1971-NMSC-001, 82 N.M. 226, 478 P.2d 554.

Notice of election substantially complied with statute. — A notice of election published once a week for four consecutive weeks, the last insertion being 13 days prior to the election, substantially complied with statute. City of Albuquerque v. Water Supply Co., 1918-NMSC-088, 24 N.M. 368, 174 P. 217.

Ballots should present the question to the electors of for or against bonds, and not for or against the object of the issuance of the bonds. Mann v. City of Artesia, 1938-NMSC-014, 42 N.M. 224, 76 P.2d 941.

Question not double proposition. — The submission to the voters of a proposition to issue bonds in a stated amount for the purchase or erection of a system of waterworks is not a double proposition. City of Albuquerque v. Water Supply Co., 1918-NMSC-088, 24 N.M. 368, 174 P. 217, 5 A.L.R. 519 (1918), distinguishing Lanigan v. Town of Gallup, 1913-NMSC-024, 17 N.M. 627, 131 P. 997.

Law reviews. — For comment, "The Last Bastion Crumbles: All Property Restrictions on Franchise Are Unconstitutional," see 1 N.M.L. Rev. 403 (1971).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Securities and Obligations §§ 131 to 140, 164.

Payment or retirement, effect of inclusion in call for election, or in proposal for bond issue submitted to people, of unauthorized method of, 93 A.L.R. 362.

Mistake, ambiguity, or omission in statement as to indebtedness in call for election or proposal for bond issue, as affecting validity of election or bonds issued pursuant thereto, 116 A.L.R. 1258.

Delay after authorization by voters as affecting power of governmental unit to issue bonds, 135 A.L.R. 768.

Several structures or units, inclusion of as affecting validity of submission of proposition to voters at bond election, 4 A.L.R.2d 617.

Validity of municipal bond issue as against owners of property, annexation of which to municipality became effective after date of election at which issue was approved by voters, 10 A.L.R.2d 559.

Construction and effect of absentee voters' laws, 97 A.L.R.2d 257.

Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331.

64 C.J.S. Municipal Corporations § 1927.