2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 12 - Governing Body of Municipality
Section 3-12-1.1 - Election of members of governing bodies; requiring residency.

Except as provided in Section 3-12-2 NMSA 1978, members of governing bodies, excluding mayors, of municipalities having a population in excess of ten thousand shall reside in and be elected from single-member districts. If any member of the governing body permanently removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned. Once, following every federal decennial census, the governing body of the municipality shall divide the municipality into a number of districts equal to the number of members on the governing body. Such districts shall be compact and contiguous and composed of populations as nearly equal as practicable; provided that the governing body of H class counties and of any municipality having a population of ten thousand or less may provide for single-member districts as provided in this section.

History: 1978 Comp., § 3-12-1.1, enacted by Laws 1985, ch. 203, § 1; 1987, ch. 287, § 1; 1992, ch. 6, § 1.

Cross references. — For class H counties, see 4-44-3 NMSA 1978.

The 1992 amendment, effective May 20, 1992, substituted "Except as provided in Section 3-12-2 NMSA 1978" for "Notwithstanding any other provision of the Municipal Code" in the first sentence and substituted "H class" for "class H" in the last sentence.

The 1987 amendment, effective June 19, 1987, added the second sentence.

Constitutionality. — Although this section applies only to municipalities of over 10,000 population, it is not unconstitutional as written. Casuse v. City of Gallup, 1987-NMSC-112, 106 N.M. 571, 746 P.2d 1103.

Equal protection. — This section does not violate equal protection rights of the residents of Los Alamos County by exempting the county from the requirement of single-member districts. Montano v. Los Alamos Cnty., 1996-NMCA-108, 122 N.M. 454, 926 P.2d 307.

Exemption from requirement for single-member districts. — The proviso of this section stating that H class counties may provide for single-member districts unambiguously exempted Los Alamos County from the requirement that members of the governing body be elected from single-member districts. Montano v. Los Alamos Cnty., 1996-NMCA-108, 122 N.M. 454, 926 P.2d 307.

This section invalidates Gallup's home rule election charter that allows at-large elections for city councilors. Casuse v. City of Gallup, 1987-NMSC-112, 106 N.M. 571, 746 P.2d 1103.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 147.

"At-large" elections as violation of § 2 of Voting Rights Act of 1965 (42 USCS § 1973), 92 A.L.R. Fed. 824.

62 C.J.S. Municipal Corporations §§ 213 to 217.