Section 22-7-9 - Duties of county clerk. - New Mexico Statutes

22-7-9. Duties of county clerk.

A.     The county clerk shall perform the following duties:   

(1)     provide standard face sheet forms to include a place for the mailing address of the petitioner, standard subsequent page forms and standard affidavit forms to the general public upon request;   

(2)     affix the initiation date to the completed face sheet only after the district court has issued an order permitting the continuation of the recall process after a hearing pursuant to Section 22-7-9.1 NMSA 1978 on the sufficiency of facts supporting the charges of malfeasance or misfeasance in office or violation of oath of office;   

(3)     send one copy of the completed face sheet to the named member by registered mail, return receipt requested; and   

(4)     keep one copy of the completed face sheet on file.   

B.     Upon receipt of completed petitions, the county clerk shall stamp the petitions with the date of closure. All completed petitions for the recall of one or more named members shall be filed with the county clerk on the same day within one hundred ten calendar days from the date of initiation.   

C.     The county clerk shall verify the signatures on the completed petitions within ten working days.   

D.     Within five working days of the validation by the county clerk, the county clerk shall determine whether the verified signatures meet the minimum number required by Section 22-7-10 NMSA 1978.   

E.     If the county clerk determines that sufficient signatures have not been submitted, he shall notify the petitioner at the mailing address listed on the face sheet and the named member by registered mail, return receipt requested, within three working days after the determination.   

F.     If the county clerk determines that sufficient signatures have been submitted, he shall do the following within three working days after the determination:   

(1)     notify the petitioner at the mailing address listed on the face sheet and the named member by registered mail, return receipt requested; and   

(2)     initiate procedures for a special recall election as provided in Section 22-7-13 NMSA 1978.