A. Any person filing any court action challenging a recall petition provided for in the Recall Act shall do so within seven days after the determination of the county clerk as to whether sufficient signatures have been submitted. Challenges to the recall petition shall be directed to:

(1) the validity of the signatures on the petitions; or

(2) the determination of the county clerk as to the minimum number of signatures.

B. Within ten days after the filing of the action, the district court shall hear and render a decision on the matter. The decision shall be appealable only to the supreme court, and notice of appeal shall be filed within five days after the decision of the district court. The supreme court shall hear and render a decision on the appeal forthwith.

History: 1953 Comp., § 77-4A-12, enacted by Laws 1977, ch. 308, § 12; 1979, ch. 277, § 2; 1985, ch. 169, § 7; 1978 Comp., § 22-7-12, recompiled and amended as § 1-25-10 by Laws 2019, ch. 212, § 168.

Recompilations. — Laws 2019, ch. 212, § 168 recompiled and amended former 22-7-12 NMSA 1978 as 1-25-10 NMSA 1978, effective April 3, 2019.

The 2019 amendment, effective April 3, 2019, revised the procedures for challenging a recall petition; in the section heading, added "petition"; in Subsection A, in the introductory clause, after "for in the", deleted "Local School Board Member", after "within", deleted "ten" and added "seven", after "county clerk as", deleted "set forth in Section 22-7-9 NMSA 1978" and added "to whether sufficient signatures have been submitted", and deleted Paragraph A(3); added new subsection designation "B." and deleted former Subsection B.

Standing. — Sections 22-7-9.1 and 22-7-12 NMSA 1978 do not authorize local school board members facing a recall petition to challenge the form of the petition. Do a Ana Cnty. Clerk v. Martinez, 2005-NMSC-037, 138 N.M. 575, 124 P.3d 210.