N.M. Stat. § 73-16-5
Election for approval of construction fund assessment levy
of certain districts; form of ballot; supplemental levies.
A. In all cases excepting those hereinafter excluded, as soon as the first
construction fund assessment levy is made the board shall call an election to be held
not less than sixty days after notice of the election is completed by publication. The
procedure for and conduct of the election shall be that provided for election of boards of
directors who are elected. The question to be referred to the voters shall be the
approval or rejection of the construction fund assessment levy resolved by the board.
The form of ballots shall be substantially as follows:
CONSTRUCTION FUND ASSESSMENT LEVY FOR
___________________________________ DISTRICT
(Name of District)
FOR the construction fund assessment levy of the district in the maximum total sum
of $______ ..... [ ]
AGAINST the construction fund assessment levy of the district in the maximum total
sum of $______ ..... [ ]
B. If the majority of voters are against the levy, upon exhibit to the court of the
returns so proving, the district shall be dissolved after insuring payment of all
outstanding debts. If the majority of voters are for the levy, upon exhibit to the court of
the returns so proving, the levy shall be ordered executed and the secretary shall
prepare the construction fund assessment record of the district.
C. Thereafter, from time to time, as the affairs of the district may demand, the board
may make supplemental levies for the construction fund; provided, that the aggregate of
all these supplemental levies shall not exceed ten percent of the first levy approved in
the election or, in principal, the appraised benefits adjudicated, whichever is less;
provided, further, that if for any reason the affairs of the district shall demand a
supplemental levy in excess of ten percent, an election as herein provided shall be
required to approve and order them into execution, and in the event they are rejected
the district shall not execute supplemental levies in excess of the limits above stated;
and provided further, that in no case shall a levy be submitted to election where the
amount thereof exceeds in principal the appraised benefits adjudicated.
Nothing in this section applies to any district which has commenced or completed
any phase of improvements pursuant to official plans, or to any district containing
between fifteen thousand to thirty thousand acres.