§ RULE 1-096.1. REVIEW OF ELECTION RECALL PETITIONS

RULE 1-096.1. REVIEW OF ELECTION RECALL PETITIONS

A. Scope. This rule governs district court review of petitions to recall elected county officials as required by Article X, Section 9 of the New Mexico Constitution and challenges to petitions to recall local school board members as required by Section 22-7-12 NMSA 1978.

B. Initiation of District Court Review.

(1) Prior to circulating a petition for recall of an elected county official pursuant to the provisions of Article X, Section 9 of the New Mexico Constitution, the plaintiff seeking permission to circulate a recall petition shall file a complaint in the district court for the county where the recall is proposed. The complaint shall attach a copy of the proposed recall petition.

(2) Any person seeking to challenge a recall petition under the Local School Board Member Recall Act shall file a complaint in the district court for the county where the local school board is located within ten (10) days after the county clerk determines whether sufficient signatures have been submitted in accordance with the provisions of Section 22-7-9 NMSA 1978. The complaint shall attach a copy of the recall petition.

C. Contents of Complaint. A complaint filed pursuant to the provisions of Paragraph B of this rule shall set forth:

(1) for the proposed recall of an elected county official, the factual allegations that the plaintiff asserts as grounds, as stated in the proposed recall petition, for determining that the elected county official committed malfeasance or misfeasance in office or otherwise violated the oath of office.

(2) for recall petitions concerning a local school board member,

(a) any challenges to the validity of signatures on the recall petitions;

(b) any challenges to the determination of the county clerk as to the minimum number of signatures; and

(c) any challenges to the sufficiency of the charges in the recall petition not previously considered by the district court under the provisions of Section 22-7-9.1 NMSA 1978.

D. Challenges to Signatures on Local School Board Member Recall Petitions.

(1) If a complaint alleges that any signature on the recall petition should not be counted, the complaint shall specify each signature so challenged and the specific ground on which it is challenged; it shall further identify the line number and the page of the recall petition where each such signature appears;

(2) If a complaint challenges any signature on the ground that the person signing has signed more than one petition for the same office, the complaint shall identify the page and line number on such other recall petition the person is alleged to have signed and shall attach such other recall petition as an exhibit;

(3) If a complaint challenges any signature on the ground that the person signing is not a registered voter of the county and school district represented by the local school member who is the subject of the recall petition, the complaint shall allege that the challenge is based on a diligent search of all registration records of the appropriate county and shall specify as to each challenged signature:

(a) the county where the search was made;

(b) the name and address of each person making the search;

(d) any variations in names, spelling or addresses for which search was made.

E. Service of Process. The plaintiff shall, immediately after filing the complaint, serve a copy of the complaint and notice of hearing to the county clerk, the person subject to the recall, and the person, group or organization initiating the recall petition. Service shall be effected in the manner provided by Rule 1-004 NMRA.

F. Hearing. Within ten (10) days after the complaint is filed in the district court, the court shall set a hearing and render a decision in accordance with the standards set forth in Article X, Section 9 of the New Mexico Constitution or Section 22-7-12 NMSA 1978, as applicable. At the hearing, the plaintiff, the county clerk, the official sought to be recalled, and the person, group or organization initiating the recall petition shall be given an opportunity to present evidence and argument as directed by the district court.

G. Appeal. Any party to the recall proceeding who is aggrieved by the decision of the district court may appeal to the Supreme Court in accordance with the provisions of Rule 12-603 NMRA.