A. No election shall be held in an existing conservancy district until the main canals in that district are in such a condition that water can be delivered from them for irrigation on the lands within the district. B. The first election in any district formed after July 1, 1961 shall be held with the first regular local election occurring after the requirements of Subsection A of this section are fulfilled. History: 1953 Comp., § 75-28-53, enacted by Laws 1961, ch. 67, § 6; 1965, ch. 76, § 6; 2018, ch. 79, § 151. The 2018 amendment, effective July 1, 2022, revised the scheduling of elections for certain conservancy districts; and in Subsection B, after "July 1, 1961", deleted "or in a district existing on July 1, 1961, and having an appointed board of directors", and after "shall be held", deleted "on the first Tuesday of October occurring in an odd-numbered year during or" and added "with the first regular local election occurring". Temporary provisions. — Laws 2023, ch. 46, § 1 provided: A. Notwithstanding the provisions of The Conservancy Act of New Mexico that provide for district elections to be conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978], a district organized pursuant to that act shall conduct its 2023 election in accordance with the provisions of this section and election procedures adopted by the district's board of directors. In 2025, a district shall conduct its election pursuant to the Local Election Act. The secretary of state shall work with the districts to identify barriers, provide recommendations and coordinate efforts to ensure each district's participation in the regular local election of 2025. B. A district's board of directors shall select an election director to provide election services. The election director shall operate pursuant to a contract, which may be approved by the secretary of state upon request of the board of directors. C. The 2023 election may be conducted by emergency paper ballot, electronic voting machine or any other state certified tabulating voting machine. D. For the middle Rio Grande conservancy district, the 2023 election shall be held on October 3, 2023. For any other district, the 2023 election shall be held on a date determined by the district's board of directors that is: (1) before the first Tuesday in October 2023; or (2) the later of: (a) forty-five days after the adjournment of the state or county canvassing board for the 2023 regular local election; or (b) forty-five days after any recount, contest or other judicial inquiry regarding the 2023 regular local election. E. As used in Laws 2023, ch. 46, § 1, "district" means a district organized pursuant to The Conservancy Act of New Mexico.
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