Section 5-15-8 - Election. - New Mexico Statutes

5-15-8. Election.

A.     The election procedures set forth in this section shall be used for: 

(1)     formation of a new tax increment development district; 

(2)     election of a district board member; 

(3)     adoption of a property tax levy by a tax increment development district;  

(4)     use of property tax increment financing by a tax increment development district; or 

(5)     issuing of property tax increment bonds to be repaid by funds raised by property tax increments.  

B.     An election may be waived and a tax increment development district shall be formed upon the governing body's adoption of a resolution to form a tax increment development district if a petition is presented to a governing body in accordance with the Tax Increment for Development Act [5-15-1 NMSA 1978] and if the petition contains the signatures of all owners of the real property within the proposed tax increment development area and states that the owners waive the right to an election.  

C.     An election pursuant to the Tax Increment for Development Act shall be a nonpartisan election called by posting notices in three public places within the boundaries of the district not less than twenty days before the election.  Notice shall also be published in a newspaper of general circulation once each week for two consecutive weeks before the election in the municipality or county in which the proposed district is located.  

D.     The notice shall state: 

(1)     the place of holding the election and provisions for voting by mail, if any; 

(2)     the hours during the day during which the polls will be open; 

(3)     if the election is a formation election, the boundaries of the proposed tax increment development district; 

(4)     if the election is a bond election, the purpose for which the bonds are to be issued and the amount of the issue; 

(5)     if the election is a property tax levy election, the maximum tax rate per one thousand dollars ($1,000) of assessed valuation to be imposed, the purposes for which the revenues raised will be used and the existing maximum tax rate, if any; 

(6)     that an approved tax increment development plan is on file with the clerk of the governing body; 

(7)     the purposes for which property taxes will be imposed and for which the revenues raised will be used, including a description of the public improvements to be financed with tax revenues, bond proceeds or other revenues of the tax increment development district; and 

(8)     that the imposition of property taxes will result in a lien for the payment on property within the district.   

E.     The district board, or, in the case of a formation election, the governing body, shall determine the date of the election and the polling places for the election and may consolidate county precincts.  The district board or the governing body may establish provisions for voting by mail.  

F.     Voter lists shall be used to determine the resident qualified electors.  If a district or proposed district includes land lying partly in and partly out of any county election precinct, the voter lists may contain the names of all registered voters in the precinct, and the precinct boards at these precincts shall require that a prospective elector execute an affidavit stating that the elector is also a resident qualified elector.     

G.     For an election held pursuant to the Tax Increment for Development Act, a prospective elector who is not a resident qualified elector shall execute an affidavit stating that the elector is the owner of land in the proposed or existing district and stating the area of land in acres owned by the prospective elector.  If the prospective elector is not an individual, the affidavit shall provide that the individual casting the vote is the designated representative of the corporation, association, partnership, limited liability company or other legal entity entitled to vote in the election.  Precinct board members may administer oaths or accept affirmations for those purposes.   

H.     Except as otherwise provided by this section, the election shall comply with the general election laws of the state.  The ballot material provided to each voter shall include: 

(1)     for a formation election, an impartial description of the tax increment development plan and a brief description of arguments for and against the formation of the tax increment development district, if any; 

(2)     for an election concerning the imposition of property taxes, an impartial description of the taxes to be imposed, the method of apportionment, collection and enforcement and other details sufficient to enable each resident qualified elector to determine the amount of tax it will be obligated to pay; a brief description of arguments for and against the imposition of taxes that are the subject of the election, if any; and a statement that the imposition of property taxes is for the provision of certain, but not necessarily all, public improvements that may be needed or desirable within the tax increment development district, and that other taxes, levies or assessments by other governmental entities may be presented for approval by owners and resident qualified electors; 

(3)     for an election concerning the use of property tax increment financing, an impartial description of the estimated increment to be generated over the life of the project and the nature and extent of the public improvements to be constructed and maintained using such financing; 

(4)     for a formation election, the question to be voted upon as "district, yes" and "district, no"; 

(5)     for a property tax imposition election, the question to be voted upon as "property tax, yes" and "property tax, no"; 

(6)     for an election to change an existing maximum tax or eliminate an existing tax, the question to be voted upon as "tax change, yes" and "tax change, no" and shall specify the type of tax to which the proposed change pertains; and 

(7)     for an election concerning the use of property tax increment bonds, the ballot shall pose the question to be voted upon as "bonds, yes" and "bonds, no".  

I.     The governing body or, if after district formation, the district board, may provide for the returns of the election to be made in person or by mail.  

J.     Within thirty days after an election, the governing body, or if after district formation, the district board, shall meet and canvass the returns, determining the number of votes properly cast by owners and resident qualified electors.  A majority of the votes cast at the election shall be required.  The canvass may be continued for an additional period not to exceed thirty days at the election of the governing body or district board for the purpose of completing the canvass.  Failure of a majority to vote in favor of the matter submitted shall not prejudice the submission of the same or similar matters at a later election; provided that an election on the same question shall not be held within one year of the failure of a majority to vote in favor of that question.  

K.     If a person transfers real property located in a district and the name of the successor owner becomes known and is verified by recorded deed or other similar evidence of transfer of ownership, the successor owner is deemed to be the owner of the real property for the purposes of the Tax Increment for Development Act.     

L.     If there are no persons registered to vote within a district or proposed district within fifty days immediately preceding a scheduled election date, an election required to be held pursuant to the Tax Increment for Development Act shall be held by vote of the owners of property within the district or proposed district.  Each owner shall have the number of votes or portion of votes equal to the number of acres or portion of acres rounded upward to the nearest one-fifth of an acre owned in the district by that owner.  

M.     In an election held pursuant to the Tax Increment for Development Act, an owner who is also a resident qualified elector shall have the number of votes or portion of votes equal to the number of acres or portion of acres rounded upward to the nearest one-fifth of an acre owned in the district by that owner and shall not be entitled to an additional vote as a result of residing within the district.