Section 22-7-12 - Recall petition; limitation on appeals of validity of recall petition. - New Mexico Statutes

22-7-12. Recall petition; limitation on appeals of validity of recall petition.

A.     Any person filing any court action challenging a recall petition provided for in the Local School Board Member Recall Act [22-7-1 NMSA 1978] shall do so within ten days after the determination of the county clerk as set forth in Section 22-7-9 NMSA 1978. Challenges to the recall petition shall be directed to:   

(1)     the validity of the signatures on the petitions;   

(2)     the determination of the county clerk as to the minimum number of signatures; or   

(3)     the sufficiency of the charge.   

Within ten days after the filing of the action, the district court shall hear and render a decision on the matter. The decision shall be appealable only to the supreme court, and notice of appeal shall be filed within five days after the decision of the district court. The supreme court shall hear and render a decision on the appeal forthwith.   

B.     For the purpose of an action challenging a recall petition, each petitioner filing a recall petition under the Local School Board Member Recall Act [22-7-1 NMSA 1978] appoints the proper filing officer as his agent to receive service of process. Immediately upon receipt of process served upon the proper filing officer, that officer shall, by certified mail, return receipt requested, mail the process to the person.