2020 New Mexico Statutes
Chapter 22 - Public Schools
Article 25 - Public School Capital Improvements
Section 22-25-5 - Conduct of election; notice; ballot.

A. An election on the question of imposing a tax under the Public School Capital Improvements Act shall be conducted as prescribed in the Local Election Act [Chapter 1, Article 22 NMSA 1978].

B. The proclamation authorizing the ballot question or calling for a special election shall include as the question to be submitted to the voters whether a property tax at a rate not to exceed the rate specified in the authorizing resolution should be imposed for the specified number of property tax years not exceeding six years upon the net taxable value of all property allocated to the school district for the capital improvements specified in the authorizing resolution.

C. The ballot shall include the information specified in Subsection B of this section and shall present the voter the choice of voting "for the public school capital improvements tax" or "against the public school capital improvements tax".

History: 1953 Comp., § 77-25-5, enacted by Laws 1975 (S.S.), ch. 5, § 5; 1986, ch. 32, § 22; 1997, ch. 138, § 2; 2003, ch. 147, § 7; 2018, ch. 79, § 94; 2019, ch. 212, § 224.

The 2019 amendment, effective April 3, 2019, revised the notice provision of the section; in Subsection B, after "The proclamation", deleted "required to be published as notice of the election under Section 1-22-11 NMSA 1978" and added "authorizing the ballot question or calling for a special election".

The 2018 amendment, effective July 1, 2018, provided that elections on the question of imposing a tax under the Public School Capital Improvements Act shall be held as prescribed in the Local Election Act, and made technical and conforming changes; in Subsection A, after "Public School Capital Improvements Act", deleted "may" and added "shall", after "be held", deleted "in conjunction with a regular school district election or may be conducted as or held in conjunction with a special school district election, but the election shall be held prior to July 1 of the property tax year in which the tax is proposed to be imposed. Conduct of the election shall be", and after "as prescribed in the", deleted "School Election Law for regular and special school district elections" and added "Local Election Act"; and in Subsection B, after "under Section", deleted "1-22-4 or 1-22-5" and added "1-22-11".

The 2003 amendment, effective April 4, 2003, substituted "proclamation" for "resolution" and "six years" for "four years" in Subsection B.

The 1997 amendment, effective June 20, 1997, substituted "four years" for "three years" in Subsection B.