HOUSE BILL 438

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Paul A. Pacheco

AN ACT

RELATING TO COUNTIES; PROVIDING FOR QUALIFICATIONS TO SERVE AS SHERIFF.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 4, Article 41 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHERIFF--QUALIFICATIONS.--

          A. In addition to other requirements imposed by law, in order to be elected or appointed as a sheriff, a person shall meet the following qualifications:

                (1) be at least twenty-one years of age;

                (2) have at least seven years of professional law enforcement experience;

                (3) be a resident of the state and of the county for which the person is seeking to be elected or appointed sheriff for at least one year;

                (4) not have been convicted of a felony;

                (5) hold a certificate attesting to completion of a basic law enforcement training program pursuant to Section 29-7-6.1 NMSA 1978; and

                (6) not have been recalled from public office.

          B. A candidate for election to the office of sheriff shall certify by notarized affidavit that the candidate meets the qualification requirements of Subsection A of this section to be filed with the declaration of candidacy.

          C. A voter may challenge the candidacy for election to the office of sheriff of any person seeking nomination on the grounds that the person seeking nomination does not meet the qualification requirements of Subsection A of this section. The challenge shall be made by filing a petition in the district court within ten days after the last day for filing a declaration of candidacy or a statement of candidacy, which petition shall be heard in the same manner as provided in Subsection F of Section 1-8-26 NMSA 1978."

- 2 -