All qualified electors under the laws of this state who are property taxpayers shall be entitled to vote at all elections provided by this article.

History: Laws 1891, ch. 83, § 7; C.L. 1897, § 355; Code 1915, § 1162; C.S. 1929, § 33-3907; 1941 Comp., § 15-4608; 1953 Comp., § 15-49-11.

Cross references. — For restrictions on county indebtedness, see N.M. Const., art. IX, § 10.

For bond elections generally, see 6-15-23 NMSA 1978 et seq.

Compiler's notes. — The restriction by this section of the right to vote in bond elections to property owners appears to be unconstitutional under the rationale of the decision in Bd. of Educ. v. Maloney, 82 N.M. 167, 477 P.2d 605 (1970). See also N.M. Const., art. IX, § 10, 6-15-25, 6-15-26 NMSA 1978.

Persons entitled to vote at elections. — Petitions may be signed by any qualified electors of the county though only property owners may vote on the proposition in view of N.M. Const., art. IX, § 10. 1941 Op. Att'y Gen. No. 41-3755. But see 6-15-25, 6-15-26 NMSA 1978.

Members of a firm or a corporation whose individual names do not appear on the tax rolls, or where it is not shown that certain individual members have paid property taxes, are not entitled to vote in bond election for a courthouse and jail. 1938 Op. Att'y Gen. No. 38-2041.

Ex-soldiers who have completely used up their exemption are not entitled to vote for a bond election for a courthouse and jail, unless they have actually paid property taxes during the preceding year. 1938 Op. Att'y Gen. No. 38-2013; 1938 Op. Att'y Gen. No. 38-2041.

In a bond election for a courthouse and jail, the petition must be signed by not less than 200 qualified electors of the county who may not be taxpayers, but the voters at such election must have paid a property tax the preceding year. 1938 Op. Att'y Gen. No. 38-2013; 1938 Op. Att'y Gen. No. 38-2041.

Persons who pay no tax are not entitled to vote at a county bond election by reason of their having purchased an automobile license plate because, while it may be in lieu of a property tax, it is not a property tax, and the proceeds, so far as the county is concerned, go to the road fund and not to payment of the county bonded indebtedness. 1939 Op. Att'y Gen. No. 39-3240 (rendered prior to amendment of N.M. Const. art. IX, § 10).

Law reviews. — For comment, "The Last Bastion Crumbles: All Property Restrictions on Franchise Are Unconstitutional," see 1 N.M.L. Rev. 403 (1971).