N.M. Stat. § 3-7-7
Annexation; election of three members from territory
proposed to be annexed; notice; polling places; election officials;
ballots; canvass of votes.
A. Within ten days after the filing of the resolution and plat of the territory proposed
to be annexed, the county clerk shall publish a notice stating that an election will be held
for the purpose of electing three members to a board of arbitration that shall determine if
the territory is to be annexed to the municipality. The notice shall include a description
of the boundary of the territory proposed to be annexed. The date of election shall not
be less than fifty days nor more than sixty days after the date of first publication of the
notice.
B. These three members shall be qualified electors and owners of real property
within the territory proposed to be annexed. If there are less than three qualified electors
and owners of real property residing within the territory proposed to be annexed, the
district court shall appoint three members of the board to represent the territory
proposed to be annexed and they need not be residents of this territory.
C. Petitions of nomination for the three members on the board of arbitration may be
filed with the county clerk from the date of first publication of the notice of election until
thirty-five days before the day of election. The petition shall be signed either by not less
than ten percent of the qualified electors residing in the territory desired to be annexed
or by not less than twenty-five qualified electors residing in the territory desired to be
annexed. No elector may sign more than three petitions of nomination.
D. The board of county commissioners of the county in which the territory proposed
to be annexed lies shall designate the polling places which shall not be less in number
than the polling places existing in the area at the last general election. At the election all
qualified electors who reside in the territory proposed to be annexed may vote.
E. The board of county commissioners shall appoint one judge and not less than
two clerks of election for each polling place, or not less than two clerks of election for
each voting machine. The board of county commissioners shall furnish the election
supplies and ballots. Each ballot shall contain the names of all candidates who have
filed petitions of nomination. The ballot shall also have printed on it the words "Vote for
any three".
F. The ballots cast shall be counted by the election officials and the results certified
by the county clerk. Within three days after the election, the board of county
commissioners shall canvass the votes cast and shall issue certificates of election as
members of the board of arbitration to the three candidates receiving the greatest
number of votes.
G. If within three days after the day of the election the board of county
commissioners is unable to determine who has been elected to the board of arbitration,
the board of county commissioners shall certify such determination to the district court
or if there is a vacancy in such membership, the district court wherein the municipality
lies shall appoint within three days the member of the board of arbitration. The member
so appointed shall have the same qualifications as required as if he had been elected a
member of the board of arbitration.
H. The actual expense of the election shall be paid by the municipality proposing to
annex the territory.