2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 3 - Incorporation of Municipality Under Special Act
Section 3-3-4 - Municipalities incorporated under special act; reorganization approved; election for new officers; term of office.

A. If a majority of the votes cast on the question of reorganizing a municipality incorporated by a special act favors reorganizing the municipality under general law, the governing body shall adopt an election resolution calling for an election of officers, which shall be held at the first regular local or general election following approval of reorganization. The election shall be called, conducted and canvassed in the manner provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978].

B. The terms of office for the mayor, municipal judge and one-half of the members of the governing body shall be until the next regular local election. The terms of office for the remaining one-half of the governing body shall be until the second regular local election is held. The elected municipal officers shall continue in office until their successors are elected and qualified. The length of terms of the first members shall be determined by lot.

History: 1953 Comp., § 14-3-4, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 5; 2018, ch. 79, § 47.

The 2018 amendment, effective July 1, 2018, changed when the governing body must hold an election for the purpose of electing officers after a majority of votes cast in a special election favors reorganizing a municipality, and made minor technical changes; in Subsection A, after "governing body shall", deleted "within fourteen days after the results of the election reorganizing the municipality under general law have been canvassed and certified", after "for an election of officers", added "which shall be held at the first regular local or general election following approval of reorganization", and after "in the manner provided in the", deleted "Municipal Election Code for the election of officers at a regular municipal election, except that the provisions of Section 3-8-25 NMSA 1978 shall not apply and the election shall be held not later than one hundred and twelve days from the adoption of the election resolution" and added "Local Election Act"; and in Subsection B, after each occurrence of "regular", deleted "municipal" and added "local".

Temporary provisions. — Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.