2018 New Mexico Statutes
Chapter 3 - Municipalities
Article 30 - Municipal Debt; Voting on Question
Section 3-30-2 - Nonresident municipal elector; qualifications.
A "nonresident municipal elector" means any qualified elector who:
A. is registered to vote in the county in which the municipality holding an election on the question of creating a debt is situated;
B. has paid a property tax on property located within the municipality holding an election on the question of creating a debt during the year preceding the election; and
C. has registered with the municipal clerk his intention to vote at the municipal election on the question of creating a municipal debt in the manner provided in Section 3-30-3 NMSA 1978.
History: 1953, Comp., § 14-29-2, enacted by Laws 1965, ch. 300.
Cross references. — For definition of "qualified elector", see 3-1-2 NMSA 1978.
For constitutional provision on qualifications of electors, see N.M. Const., art. IX, § 12.
Persons held to be qualified electors. — Property owner whose mortgagee paid assessed tax as agent for him, and property owner exempt from payment of tax under soldier exemption provided in N.M. Const., art. VIII, § 5, were persons who had paid a property tax during the preceding year within constitutional and statutory requirements, and therefore were qualified electors in voting on general obligation bond for municipal improvements. Hair v. Motto, 1971-NMSC-001, 82 N.M. 226, 478 P.2d 554.
Constitutionality. — This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.
The operable provisions of N.M. Const., art. IX, § 12, as interpreted by the New Mexico Supreme Court and the classifications and requirements of the enabling statutes for creation of municipal indebtedness, this section and 3-30-3 and 3-30-6 NMSA 1978, rationally promote legitimate state interests and are constitutionally justified. Snead v. City of Albuquerque, 663 F. Supp. 1084 (D.N.M.), aff'd, 841 F.2d 1131 (10th Cir. 1987), cert. denied, 485 U.S. 1009, 108 S. Ct. 1475, 99 L. Ed. 2d 704 (1988).
Power of state to impose restrictions on right to vote. — The state of New Mexico has the power to impose reasonable residence and other restrictions on the right to vote, so long as the restrictions are not discriminatory and are based on a reasonable classification. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.
Constitutional voter qualifications not affected. — That additional electors may now vote in municipal bond elections cannot be held to apply to or affect the general voter qualifications set forth in N.M. Const., art. VII, § 1. The voter qualifications expressly recited in that constitutional provision remain exactly the same. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.
Limitation of electors to those property owners who are otherwise qualified to vote in the county is based upon the practical and reasonable consideration that in New Mexico the voter registration records are kept and maintained by the county clerk, are readily available for use in checking qualifications of electors and are used by the municipalities in the county in the conduct of municipal elections. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.
Law reviews. — For comment, "The Last Bastion Crumbles: All Property Restrictions on Franchise Are Unconstitutional," see 1 N.M.L. Rev. 403 (1971).
