Section 4-33-3 - Contest; notice of election.
4-33-3. Contest; notice of election.
Immediately upon the filing of such petition, it shall be the duty of the county commissioners with whom such petition is filed to cause a notice to be published in some newspaper or newspapers of general circulation in each county affected. Within thirty (30) days after the publication of such notice, but not thereafter, any resident of either of the counties affected, on behalf of himself and all others similarly situated, may bring an action in the district court of the county in which such area proposed to be annexed is located, against any one or more of the signers of the petition, alleging that the petition has not been executed by the requisite number of signers or that the description of the area to be annexed is not accurately described or that the conditions described in Section 1 [4-33-1 NMSA 1978] hereof do not exist.
The judge, after hearing, shall make a determination as to whether the allegations of the petition are well taken. If he shall determine that the allegations of the petition are well taken, he shall enter an order, and if the same be not stayed, it shall be the duty of the county commissioners to call an election to be held within 30 days within the county of the area proposed to be annexed, and shall cause a notice of election to be published two (2) times in a newspaper of general circulation in said county, the last publication thereof to be at least seven (7) days before the date set for the election. Such notice shall specify the polling places, which polling places shall be not fewer than there were in said county at the last general election. At such election all qualified electors who reside within said county shall be entitled to vote: provided, however, that this act [section] shall not apply in any case where a petition has been filed with any board of county commissioners under Chapter 196 of New Mexico Session Laws of 1947 [4-33-1 to 4-33-7 NMSA 1978] in accordance with the requirements of said act of 1947 and where such a petition has been filed prior to the effective date of this act, the election shall be held under the provisions of Chapter 196, New Mexico Session Laws of 1947.