2020 New Mexico Statutes
Chapter 1 - Elections
Article 22 - Local Elections
Section 1-22-3.2 - Municipalities; municipal election provisions; adjustment of dates and charter amendments for procedures affected by the Election Code; public financing.
A. Election provisions or procedures in the laws of a municipality that operate in addition to and do not conflict with the provisions of the Election Code continue in effect as long as such provisions do not conflict with the Election Code or until amended or repealed by the municipality. Election provisions or procedures in an ordinance or charter of a municipality that conflict with the Election Code or other applicable state or federal law are not operable and shall not be enforced. Election provisions or procedures in an ordinance or charter of a municipality that do not conflict with the Election Code shall be administered pursuant to the ordinances or charter of the municipality, unless the municipal clerk and the county clerk have signed a memorandum of understanding for the county clerk to conduct election provisions or procedures on behalf of the municipality.
B. A municipality with election provisions or procedures in an ordinance or its charter that do not conflict with the Election Code shall adjust the calendar dates that implement those election provisions and procedures to accord with the schedules imposed by the Election Code. At the discretion of the municipality, the adjustment of calendar dates may be done administratively, by ordinance or as otherwise provided by the charter of the municipality. The municipal clerk shall post the adjusted dates no later than June 30 of each odd-numbered year.
C. At the discretion of the municipality, a municipality with a charter may amend its charter by ordinance or as otherwise provided by the municipality to conform its ordinances or charter with the requirements of the Election Code and other applicable state or federal laws related to elections.
D. In any municipality implementing public financing for its municipal elections consistent with this section and notwithstanding any provision to the contrary in the ordinances or charter of the municipality:
(1) the municipality shall require as a precondition to the receipt of public financing that a person first be qualified as a candidate;
(2) if the date in the ordinances or charter of the municipality for submitting documents to be approved for public financing is an earlier date than the filing date for declarations of candidacy provided in the Local Election Act, the municipal clerk shall accept declarations of candidacy and other candidate qualification documents from persons seeking to be approved for public financing on the date provided in the ordinances or charter of the municipality upon which the municipal clerk shall deliver to the county clerk the candidate qualification documents of each person seeking to be approved for public financing;
(3) the county clerk shall notify the municipal clerk in writing no later than 5:00 p.m. on the third day following receipt of the candidate qualification documents that the certificate of registration of the candidate, the declaration of candidacy and the petition, if any, are in proper order and whether the person, based on those documents, is qualified to be a candidate;
(4) any voter may challenge the candidacy of a person seeking election to municipal office by the county clerk for the reason that the person does not meet the candidate qualification requirements by filing a petition in the district court within seven days after the deadline for the municipal clerk to approve candidates to receive public financing. The district court shall hear and render a decision on the matter within ten days after the filing of the petition. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith; and
(5) on the day provided in the Local Election Act to submit declarations of candidacy, any qualified person may file a declaration of candidacy for municipal office and other candidate qualification documents, including a person who failed to be approved for public financing but who otherwise qualifies to be a candidate, but not including a person who previously sought public financing in the same election but was not qualified to be a candidate; provided that any candidate qualification requirements imposed by the municipality other than those pertinent to public financing and the date for filing a declaration of candidacy must be fulfilled by a person who submits a declaration of candidacy on the day provided in the Local Election Act.
History: Laws 2018, ch. 79, § 35; 2019, ch. 212, § 144; repealed and reenacted by Laws 2019, ch. 212, § 145.
ANNOTATIONSRepeals and reenactments. — Laws 2019, ch. 212, § 145 repealed former 1-22-3.2 NMSA 1978 and enacted a new section, effective January 1, 2020.
The 2019 amendment, effective April 3, 2019, revised municipal election procedures; in the section heading, added "municipal election provisions", and "and charter amendments", and after "election", deleted "act" and added "code; public financing"; added a new Subsection A and redesignated former Subsections A and B as Subsections B and C, respectively; in Subsection B, after "charter that", deleted "are supplemental to provisions in" and added "do not conflict with", after "imposed by the", deleted "Local Election Act for the conduct of local or municipal officer elections" and added "Election Code. At the discretion of the municipality, the adjustment of calendar dates may be done administratively, by ordinance or as otherwise provided by the charter of the municipality.", and after "no later than", deleted "January" and added "June"; in Subsection C, after the subsection designation, added "At the discretion of the municipality", after "requirements of", deleted "this section" and added "the Election Code and other applicable state or federal laws related to elections."; and added Subsections D and E.
