Section 4-44-38 - Notice of petition; challenging sufficiency of petition. - New Mexico Statutes

4-44-38. [Notice of petition; challenging sufficiency of petition.]

Immediately upon the filing of such petition, the board of county commissioners with whom the petition was filed shall cause notice that such petition has been filed to be published in some newspaper of general circulation in the county for two (2) consecutive weeks. Within thirty (30) days after the first publication of such notice, but not thereafter, any registered elector of the county may bring an action in the district court of the county, against any one or more signers of the petition, alleging that the petition does not bear the names of the required percentage of registered electors of the county. Such case shall be given a preference on the docket and heard as soon as possible. No jury shall be allowed. The judge, after hearing, shall make determination either that the petition bears the requisite number of signers or does not bear the requisite number of signers. No appeal shall be had from such determination.