2020 New Mexico Statutes
Chapter 1 - Elections
Article 22 - Local Elections
Section 1-22-3 - Regular local elections; special local elections; ballot questions; qualifications of candidates.
A. A regular local election shall be held on the first Tuesday after the first Monday in November of each odd-numbered year. A regular local election shall be held to elect qualified persons to membership on a local governing body and, where applicable, to elective municipal executive office and to municipal judicial office.
B. A regular local election shall be a nonpartisan election, and the names of all candidates shall be listed on the ballot with no party or slate designation. No person shall become a candidate in a regular local election unless the person physically resides within the boundaries of the district or districted area in which the person desires to be elected or to represent and the person's record of voter registration shows that the person is both a qualified elector of the state and was registered to vote in the area to be elected to represent on the date the proclamation calling a local election is filed in the office of the secretary of state.
C. A local government may propose a ballot question to be considered by the voters of the local government:
(1) at a regular local election or a general election as provided by Subsection B of Section 1-16-3 NMSA 1978; or
(2) at a special local election called, conducted and canvassed as provided in the Special Election Act [Chapter 1, Article 24 NMSA 1978].
D. Except as otherwise provided in the Local Election Act, local elections shall be called, conducted and canvassed as provided in the Election Code.
History: 1978 Comp., § 1-22-3, enacted by Laws 1985, ch. 168, § 5; 1997, ch. 252, § 1; 2015, ch. 145, § 80; repealed and reenacted by Laws 2018, ch. 79, § 18; 2019, ch. 212, § 142.
ANNOTATIONSRepeals and reenactments. — Laws 2018, ch. 79, § 18 repealed 1-22-3 NMSA 1978 and enacted a new section effective July 1, 2018.
The 2019 amendment, effective April 3, 2019, revised the provisions related to regular local elections; in Subsection B, added " A regular local election shall be a nonpartisan election, and the names of all candidates shall be listed on the ballot with no party or slate designation", after "unless the", added "person physically resides within the boundaries of the district or districted area in which the person desires to be elected or to represent and the", after "qualified elector of the state", deleted "physically resides in the district in which the person is a candidate"; in Subsection C, deleted "In addition to candidates in the election, a regular local election ballot may contain ballot questions proposed by the state, county or local government or as otherwise provided by law. An election on a ballot question held at any time other than the date for a regular local election shall be held with the general election, as provided by law, or municipal officer election if authorized by the governing body of the municipality; or shall be" and added "A local government may propose a ballot question to be considered by the voters of the local government:", added a new Paragraph C(1), in Paragraph C(2), after "as provided in", deleted "Chapter 1, Article 24 NMSA 1978" and added "the Special Election Act"; and deleted former Subsection D and redesignated former Subsection E as new Subsection D.
The 2015 amendment, effective July 1, 2015, removed the qualification that a candidate for a school board election must have physically resided in the district on the date of the board's proclamation calling a regular school district election and instead required that the candidate be registered to vote in the district on the date of the board's proclamation calling a regular school district election; in Subsection A, after "membership on a", deleted "local school", after "a board unless", deleted "his" and added "the person's", deleted "he" and added "the person" in two places, after "candidate and", deleted "physically resided" and added "was registered to vote", after "on the date", deleted "of", after "the", deleted "school", and after "district election", added "is filed in the office of the county clerk"; and in Subsection C, deleted "A school district" and added "An", after "election", added "on a ballot question", and after "special school district election", added "called, conducted and canvassed as provided in the Election Code".
The 1997 amendment, effective June 20, 1997, in the second sentence of Subsection A, substituted "physically resides in the" for "and a resident of the" and added the language beginning "and physically resided" at the end.
Mill levy election. — Pursuant to 21-16-16 NMSA 1978, which sets up two alternative election procedures, the board may hold a mill levy election pursuant either to the repealed Sections 22-6-1 through 22-6-34 NMSA 1978 or the new provisions at Sections 1-22-3 through 1-22-6 NMSA 1978. 1988 Op. Att'y Gen. No. 88-14.
It is necessary to hold election for office of member of board even though only one candidate has filed for each position to be filled. 1973 Op. Att'y Gen. No. 73-6 (issued under former 22-6-1 NMSA 1978).
