2021 New Mexico Statutes
Chapter 3 - Municipalities
Article 30 - Municipal Debt; Voting on Question
Section 3-30-1 - Bond elections; findings; qualified electors.

A. The legislature finds that the provisions of Article 9, Section 12 of the constitution of New Mexico regarding nonresident municipal electors violate the rights of property owners who are not qualified electors of the county where such city, town or village is situated compared to nonresident property owners who are qualified electors of the county where such city, town or village is located, and further finds that providing voting rights based on property ownership violates the franchise provisions in Article 7, Section 1 of the constitution of New Mexico.

B. Voting for all purposes in all public elections in a municipality shall be based exclusively on voter registration by qualified electors of the municipality as provided in the Municipal Code and Election Code [Chapter 1 NMSA 1978].

History: 1953 Comp., § 14-29-1, enacted by Laws 1965, ch. 300; 1978 Comp., § 3-30-1, repealed and reenacted by Laws 2019, ch. 212, § 184.

Repeals and reenactments. — Laws 2019, ch. 212, § 184 repealed former 3-30-1 NMSA 1978 and enacted a new section, effective April 3, 2019.

Laws 2019, ch. 212, § 284 repealed 3-30-1 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to county constitutes a precinct for purpose of voting on municipal debt, single voting division outside municipality, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.

Cross references. — For election on question of acquiring utility, see 3-23-2 NMSA 1978.

For use of borrowed funds, see N.M. Const., art. IX, § 9.

For restrictions on municipal indebtedness, see N.M. Const., art. IX, § 12.

For excess indebtedness permitted for water or sewer system, see N.M. Const., art. IX, § 13.

For refunding bonds authorized without election, see N.M. Const., art. IX, § 15.

For limitation on municipal expenditures during year officials' terms expire, see 6-6-9 NMSA 1978.

For Bateman Act, see 6-6-11 NMSA 1978 et seq.

For notice of issuance of bonds, see 6-15-1, 6-15-2 NMSA 1978.

For refunding bonds of municipality, see 6-15-11 NMSA 1978 et seq.

Constitutional voter qualifications not affected. — That additional electors may now vote in municipal bond elections cannot be held to apply to or affect the general voter qualifications set forth in N.M. Const., art. VII, § 1. The voter qualifications expressly recited in that constitutional provision remain exactly the same. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.

Constitutionality. — This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.

Precincts need not be geographically identical for all elections. — There is nothing in the directive of N.M. Const., art. VII, § 1, which says that voting precincts must be geographically identical for all elections. City of Raton v. Sproule, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.

Waterworks revenue bonds did not create debt. — Waterworks revenue bonds, payable exclusively from net revenues thereof, did not create a "debt" within constitutional provision requiring vote and tax levy. Seward v. Bowers, 1933-NMSC-056, 37 N.M. 385, 24 P.2d 253.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 579 to 582, 592, 593.

"Emergency" within exception to limitation of municipal indebtedness, 17 A.L.R. 586.

Obligation for local improvements as within municipal debt limits, 33 A.L.R. 1415.

Local improvements, liability of municipality for failure to collect cost of, from property primarily liable, as affected by limitation of indebtedness, 38 A.L.R. 1277, 51 A.L.R. 973, 172 A.L.R. 1030.

Application to permanent improvements of constitutional or statutory provision against municipality exceeding current revenue, 41 A.L.R. 790.

Power of municipality to incur indebtedness for relief of distress due to general unemployment or other unusual condition, 73 A.L.R. 699, 87 A.L.R. 371.

Limitation of municipal indebtedness as affected by combination or merger of two or more municipalities, 103 A.L.R. 154.

Installments payable under continuing service contract as present indebtedness within organic limitation of municipal indebtedness, 103 A.L.R. 1160.

Municipal debt limit as affected by obligations due municipality, 105 A.L.R. 687.

Legislature's power to add to or make more onerous conditions prescribed by Constitution upon incurring of public debt, 106 A.L.R. 231.

Undelivered bonds or other obligations authorized but not delivered prior to adoption or effective date of debt-limit provision as affected by such provision, 109 A.L.R. 961.

School purposes, debts incurred for, as part of municipal indebtedness, for purposes of debt limitation, 111 A.L.R. 544.

"Emergency" or "urgency," exception regarding in statute or charter forbidding municipal corporations to expend money or incur indebtedness in absence, or in excess, of appropriation, 111 A.L.R. 703.

Aggregate of rent for entire period of lease of property to municipality as present indebtedness, payment for which must be provided, 112 A.L.R. 278.

"Necessary expenses" within exception in constitutional or statutory provision requiring vote of people to authorize contracting of debt by municipality, 113 A.L.R. 1202.

Actual or permissible maximum of indebtedness of municipality under statute or constitutional provision limiting indebtedness with reference to income or revenue, 122 A.L.R. 330.

Assessment or assessed valuation, meeting of, when used as basis of debt limit, 156 A.L.R. 594.

Subsequent exhaustion of funds as affecting contract validly entered into by the municipality under constitutional provision limiting indebtedness to revenues for current year, 159 A.L.R. 1261.

Airport, construction of, as loan of credit, 161 A.L.R. 733.

Separate independent political units within rule permitting separate computation of constitutional debt limit notwithstanding overlapping or identical boundaries, 171 A.L.R. 729.

Housing and slum clearance laws, validity as affected by debt limitations, 172 A.L.R. 973.

Bond issue in excess of amount permitted by law, validity of, within authorized debt, tax, or voted limit, 175 A.L.R. 823.

Inclusion of tax exempt property in determining value of taxable property for debt limit purposes, 30 A.L.R.2d 903.

Rescission of vote authorizing school district or other municipal bond issue, expenditure or tax, 68 A.L.R.2d 1041.

Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331.

64 C.J.S. Municipal Corporations §§ 1858 to 1864.