2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 15 - Municipal Charters
Section 3-15-2 - Qualified electors may adopt charter.
The qualified electors of a municipality who wish to be governed pursuant to Article 10, Section 6 of the constitution of New Mexico may adopt, amend or repeal a charter pursuant to the Municipal Charter Act.
History: 1953 Comp., § 14-14-1.1, enacted by Laws 1971, ch. 118, § 2.
ANNOTATIONSUnincorporated county not entitled to home rule charter. — The Municipal Charter Act is specific in its use of the term "incorporated county" in its definition of "municipality" for home rule charter (see 3-15-3 NMSA 1978), indicating that the legislature intended to include as "incorporated counties" only counties organized as full-fledged corporations. Einer v. Rivera, 2015-NMCA-045, cert. denied, 2015-NMCERT-003.
Where petitioner sought to have the San Miguel county commission appoint a charter commission providing for "home rule" government of the county, San Miguel county is not an incorporated county under the Municipal Charter Act, and therefore San Miguel county does not fall within the definition of "municipality" and is not entitled to home rule charter. Einer v. Rivera, 2015-NMCA-045, cert. denied, 2015-NMCERT-003.
Necessary condition for submission of charter to electorate. — Approval of a proposed charter by the governing body of the municipality is a necessary condition to submitting the proposed charter to the electorate for adoption. 1979 Op. Att'y Gen. No. 79-24.
