Rule 12-603. Appeals to the Supreme Court in actions challenging candidacies or nominating petitions; primary or general elections; school board recalls and recalls of elected county officials.

A. Scope. This rule governs the following: (1) appeals taken under Section 1-8-18 NMSA 1978, Section 1-8-35 NMSA 1978, Section 1-14-5 NMSA 1978, Section 22-7-9.1 NMSA 1978 and Section 22-7-12 NMSA 1978; and (2) appeals from final orders of the district court in election recall proceedings involving elected county officials initiated under Article X, Section 9 of the New Mexico Constitution. B. Notice of appeal; preparation of record. (1) Notice of appeal, with proof of service on the district court and all parties to the action, shall be filed in the Supreme Court with the certificate of counsel or certificate of appellant required by Paragraph D of this rule. The notice of appeal and certificate shall be filed in the Supreme Court within the time period specified by the statute pursuant to which the appeal is taken or within thirty (30) days of the date the district court’s final decision under Article X, Section 9 of the New Mexico Constitution is filed in the district court clerk’s office. The three (3) day mailing period set forth in Rule 12-308 NMRA does not apply to the time limits set by this paragraph. (2) The appellant shall make all arrangements necessary to ensure that the district court clerk prepares the record for transmission to the Supreme Court clerk. The record shall include a complete copy of all documents filed in the district court and any available audio recording or stenographic transcript of any hearings held in the district court. The district court clerk shall file the record required under this subparagraph with the Supreme Court no later than two (2) days after the notice of appeal and certificate are filed with the Supreme Court. If necessary, the transcript of any hearings in the district court may be supplemented in accordance with the provisions in Subparagraphs (I)(1) and (I)(2) of this rule. C. Content of notice of appeal. The notice of appeal shall state that the appeal is taken to the Supreme Court and shall specify that the appeal is one of the following: (1) a candidacy appeal under Section 1-8-18 NMSA 1978; (2) a nominating petition appeal under Section 1-8-35 NMSA 1978; (3) an election contest appeal under Section 1-14-5 NMSA 1978; (4) an appeal from a district court decision in an election recall proceeding under Article X, Section 9 of the New Mexico Constitution; (5) a school board member recall appeal under Section 22-7-9.1 NMSA 1978; or (6) an appeal challenging a school board member recall petition under Section 22-7-12 NMSA 1978. D. Certificate of counsel or appellant. At the same time that the notice of appeal is filed in the Supreme Court, the appellant shall pay the appropriate docket fee, subject to the provisions of Rule 12-304 NMRA and 23-114 NMRA, and shall file a certificate of counsel, or if the appellant is not represented by counsel, a certificate of the appellant, with proof of service on all parties and the district court. Either certificate shall include the following: (1) the name or names of the real parties in interest, if any, when the respondent is a justice, judge or other public officer or employee, court, board or tribunal, purporting to act in the discharge of official duties; (2) the names, business addresses, and telephone numbers of all counsel appearing in the district court and of those parties not represented by counsel; (3) a statement of the nature of the proceeding; (4) the date of entry of the decision appealed from and an acknowledgment that the notice of appeal was timely filed with the Supreme Court at the same time as the certificate; (5) a concise statement of the facts material to consideration of the questions presented; and (6) a concise statement of the points relied upon for reversal, including a concise, accurate statement of the case summarizing all facts material to a consideration of the points presented, but without unnecessary detail. General conclusory statements such as "the judgment of the trial court is not supported by the law or facts" will not be accepted. E. Involuntary dismissal. If the appellant fails to file a timely notice of appeal or certificate in accordance with the requirements of this rule, the appeal shall be dismissed forthwith by the Supreme Court. F. Notice of proceedings. (1) Immediately upon the filing of the notice of appeal and certificate, the Supreme Court clerk shall notify the Court of the docketing of the appeal. (2) If it appears to a majority of the Court that the appeal is without merit, the decision of the district court may be summarily affirmed in accordance with Paragraph J of this rule. (3) If the appeal is not summarily affirmed, the Court may order one or more of the following: (a) direct the other parties to the appeal to file a response; (b) request briefs under Paragraph H of this rule; or (c) set a hearing. (4) If the Court decides to set a hearing, notwithstanding the provisions of Rule 23-102(D) NMRA, the Supreme Court clerk shall give notice of the setting in the most expeditious manner practicable and the hearing shall proceed in accordance with Paragraph I of this rule. G. Stay. The appellant may seek a stay pending appeal in accordance with the provisions of Rule 12-207 NMRA. H. Briefs. Briefs may be filed only upon, and in accordance with, the directions of the Supreme Court. I. Hearing. At the hearing appellant shall be limited to arguing the points specified in the certificate filed under Paragraph D. Appellee may present any grounds for affirmance of the trial court’s decision. For the purpose of making available such portions of the district court proceedings as may not appear in the record filed with the Supreme Court under Subparagraph (B)(2) of this rule, the appellant shall, unless a complete transcript of proceedings is available, have present at the hearing the following: (1) the court reporter who reported the district court proceedings, with the reporter’s notes; and (2) any audio recording of the district court proceedings or any part thereof made by the court monitor or other court-designated official, together with equipment and personnel necessary to play back such portions as may be required. J. Disposition. Disposition of the appeal shall be by order of the Supreme Court, which may, but need not be, accompanied by a written opinion. The order of the Supreme Court shall be effective upon filing the same with the Supreme Court clerk, and there shall be no rehearing. Upon filing the order, the Supreme Court clerk shall forthwith furnish to each party to the appeal and the district court a certified copy of the order. The order shall constitute the mandate of the Supreme Court.