Signed by Governor Susana Martinez

Vote Smart's Synopsis:

Vote to pass a bill that amends municipality recall elections.

Highlights:

• Requires the factual allegations that support the grounds for a recall to be presented in a complaint to the district court for the county in which the recall is proposed to be conducted, and for the district court to hold a hearing to determine if probable cause exists for the grounds for a recall (Sec. 1).

• Authorizes the recall petition to be circulated if the district court determines that probable cause for the recall exists (Sec. 1).

• Requires the recall petition to cite the grounds of malfeasance or misfeasance in office, or violation of the oath of office by the official concerned, based on the acts or failures to act occurring during the current term of the official sought to be recalled (Sec. 1).

• Requires the recall election to be signed by the qualified electors in a number more than 20 percent of the average number of voters who voted at the previous 4 regular municipal elections, or more than 20 percent of the number of voters who voted at the previous regular municipal election, whichever is greater (Sec. 1).

• Requires that if the municipal clerk has verified the petition, the commission must call a special election unless the regular municipal election occurs within 60 days, in which case the qualified electors must vote on the recall at the regular election (Sec. 1).

• Requires that if the officer is recalled, they will not be eligible for re-election until the term for which the officer was originally elected has expired (Sec. 1).

• Specifies that a vacancy created by a recall election shall be filled in the same manner as other vacancies on the commission are filled and that if all commissioners are recalled at the same election, the municipal or district clerk court must call an election within 3 days for the election of 5 commissioners (Sec. 1).

Full Bill Text