NMSA 1-24-5. Special election procedures; costs of election; prohibition on

1-24-5. Special election procedures; costs of election; prohibition on nongovernmental entities. A. The costs of conducting a special election shall be paid for by the state or local public body calling for the election. B. When the proclamation is issued by: (1) the secretary of state, the state shall pay all costs of the special election, including reasonable costs incurred by each county clerk; and (2) a local public body: (a) unless the local public body has made appropriate arrangements with the county clerk by means of a written memorandum of understanding or has provided the county clerk with written documentation that the local public body has made arrangements for payment with an election vendor, the local public body shall deposit the estimated actual amount for all costs associated with the conduct of the special local election with the county clerk no later than forty- nine days before the special local election; and if multiple local public bodies jointly conduct a special local election, each local public body shall post a pro rata share of the estimated actual cost of conducting the special local election; (b) a county clerk may refuse to print or mail ballots for a special local election if the estimated actual cost of the election has not been deposited with the county clerk no later than forty-nine days before the special local election and the local public body has not made appropriate arrangements with the county clerk by means of a written memorandum of understanding; (c) within sixty days following the special local election, the county clerk shall provide an accounting of expenses along with a refund for any funds not expended or a bill for the remainder of the expenses to be paid by the local public body within ninety days following the special local election; and (d) the secretary of state shall maintain current on the secretary's website guidance for calculating the estimated actual cost of a special local election. C. No individual, corporation, person, political action committee or other nongovernmental entity shall pay for or reimburse the state or a local public body for the costs associated with conducting a special election. Upon a finding of a violation of this subsection, the district court shall nullify the votes cast in the special election and shall void the result of the special election. History: Laws 2018, ch. 79, § 42; 2019, ch. 212, § 158.