2023 New Mexico Statutes › Chapter 62 - Electric, Gas and Water Utilities › Article 15 - Rural Electric Cooperatives › Section 62-15-8 - Members.

A. No person who is not an incorporator shall become a member of a cooperative unless the person agrees to use electric energy furnished by the cooperative when electric energy is available through its facilities. The bylaws of a cooperative may provide that any person, including an incorporator, shall cease to be a member of a cooperative if the person fails or refuses to use electric energy made available by the cooperative or if the electric energy is not made available to that person by the cooperative within a specified time after the person becomes a member of the cooperative. Membership in the cooperative shall not be transferable except as provided in the bylaws. The bylaws may prescribe additional qualifications and limitations in respect of membership.
B. An annual meeting of the members shall be held at such time as shall be provided in the bylaws or, if not contrary to the bylaws, by the board of trustees.
C. Special meetings of the members may be called by the board of trustees, by any three trustees, by petition signed by not less than ten percent of the members or by the president.
D. Annual and special meetings of members, whether general or by voting districts established pursuant to the Rural Electric Cooperative Act, shall be held at such place as may be provided in the bylaws. In the absence of any such provision, all general meetings shall be held in the city or town in which the principal office of the cooperative is located, and all meetings by voting districts shall be held at a location set by the board of trustees within the boundaries of each district.
E. Except as otherwise provided in the Rural Electric Cooperative Act, written or printed notice stating the time and place of each meeting of members and, in the case of a special meeting, the purpose for which the meeting is called, shall be given to each member by the board of trustees or the secretary, or their legal representatives, either personally or by mail not less than ten or more than twenty-five days before the date of the meeting. Failure to receive notice deposited in the mail addressed to a member at the member's address shown on the cooperative's books and records shall not affect the validity of any business conducted at a meeting.
F. Five percent of all members present in person constitutes a quorum for the transaction of business at all meetings of the members, unless the bylaws prescribe a different number of members for determining a quorum. The bylaws may allow for ballots submitted by mail to be considered in establishing a quorum for the sole purpose of voting on an issue or question, the language of which is stated exactly in the notices and on the ballots provided to all members. If less than a quorum is present at any meeting, the majority of those present in person may adjourn the meeting from time to time without further notice. The failure to hold a meeting of members due to the absence of a quorum shall not affect the validity of any business conducted by the board of trustees.
G. Each member shall be entitled to one vote on each matter submitted to a vote at a meeting. Voting shall be in person; provided that if the bylaws provide for voting by proxy or by mail, the bylaws shall prescribe the conditions under which proxy or mail voting shall be exercised. No person shall vote as proxy for more than three members at any meeting of the members.
H. All actions required by the Rural Electric Cooperative Act to be adopted or approved by a simple majority or greater number of members voting on the action at an annual or special meeting may be acted upon by voting at a general meeting or, to the extent and in the manner that the board of trustees may authorize, by voting by the voting districts established pursuant to that act, so long as the requisite majority of members voting on the action is obtained regardless of whether such a majority is obtained in any particular voting district. Action by voting by the voting districts shall be valid if a quorum exists as a result of a series of voting district meetings regardless of whether a quorum is present in any particular voting district.
History:
Laws 1939, ch. 47, § 8; 1941 Comp., § 48-408; 1953 Comp., § 45-4-8; Laws 1961, ch. 210, § 1; 1983, ch. 273, § 1; 2019, ch. 131, § 1.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, provided that the bylaws of a rural electric cooperative may allow for ballots submitted by mail to be considered in establishing a quorum for voting on an issue or question; in Subsection F, after "unless the bylaws prescribe", deleted "the presence of a greater or lesser" and added "a different", after "number of members for", added "determining", and added "The bylaws may allow for ballots submitted by mail to be considered in establishing a quorum for the sole purpose of voting on an issue or question, the language of which is stated exactly in the notices and on the ballots provided to all members.".
The 1983 amendment
rewrote Subsection A, substituted "bylaws or, if not contrary to the bylaws, by the board of trustees" for "bylaw" in Subsection B, inserted "by petition signed" and substituted "percent" for "per centum (10%)" in Subsection C, deleted "and the meeting shall be held at the place as may be designated in the petition" at the end of Subsection C and, in Subsection D, inserted "and special" and the language beginning with "whether general" and ending with "Cooperative Act" in the first sentence, and "general" in the second sentence and added the language beginning with "and all meetings" at the end of the second sentence. The 1983 amendment also, in Subsection E, added the second sentence and rewrote the first sentence; in Subsection F, substituted "constitutes" for "shall constitute" and "or lesser number of" for "of the" in the first sentence, inserted "in person" in the second sentence and added the last sentence; in Subsection G, substituted "provided that" for "but" and "provide for voting by proxy or by mail, the bylaws shall prescribe" for "so provide, may also be by proxy or by mail; they shall also prescribe" in the second sentence, deleted "In any event" at the beginning of the third sentence; and added Subsection H.
Statutes, articles of incorporation, bylaws, application and certificate are contract.
— Sections 62-15-1 to 62-15-32 NMSA 1978, together with the articles of incorporation and the bylaws of the cooperative, the application made by the plaintiff and the certificate of membership issued to him, constituted the contract between him and the cooperative.
King v. Farmers' Elec. Coop., Inc.
, 1952-NMSC-073, 56 N.M. 552, 246 P.2d 1041.
Member is bound by bylaws.
— A member, in view of provision in his application agreeing to comply with and to be bound by provisions of the charter and bylaws of the cooperative, will, when such bylaws are reasonable, and enacted under properly delegated authority, be bound thereby.
King v. Farmers' Elec. Coop., Inc.
, 1952-NMSC-073, 56 N.M. 552, 246 P.2d 1041.
A member of the cooperative is not in position to challenge the validity of its bylaws, is presumed to know contents of its charter and bylaws and, having agreed, if accepted as a member, to abide by all its rules, regulations and bylaws, cannot be permitted to repudiate the same.
King v. Farmers' Elec. Coop., Inc.
, 1952-NMSC-073, 56 N.M. 552, 246 P.2d 1041.
Refusal of easement for line forfeits membership.
— Member's refusal to grant needed right-of-way easement for transmission line, ipso facto, worked a forfeiture of his membership and abrogation of the contract for supplying member with electric service.
King v. Farmers' Elec. Coop., Inc.
, 1952-NMSC-073, 56 N.M. 552, 246 P.2d 1041.
Law reviews.
— For note, "Corporate Law Formulating and Applying a 'Proper Purpose' Analysis to a Books and Records Request Schein v. Northern Rio Arriba Electric Cooperative," see 28 N.M. L. Rev. 133 (1998).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 18 Am. Jur. 2d Cooperative Associations §§ 13 to 15, 21 to 23, 25, 26.
43 C.J.S. Industrial Cooperative Societies §§ 7, 11.