SENATE BILL 425
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Stuart Ingle
AN ACT
RELATING TO MUNICIPALITIES; STREAMLINING PROVISIONS IN THE MUNICIPAL CODE FOR EFFICIENCY AND COST REDUCTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-8-9 NMSA 1978 (being Laws 1985, Chapter 208, Section 17, as amended) is amended to read:
"3-8-9. ELECTION SCHEDULING--CONFLICTS--NOTICE.--
A. Except as otherwise provided by law, a municipal election may be held concurrently with, but shall not be held within forty-two days prior to or within thirty days after, any statewide special, general or primary election or any regular school district election. Whenever a municipal election would be or has been scheduled within the prohibited time, the governing body shall adopt an election resolution scheduling or rescheduling the election on a date as soon as is practicable outside the prohibited period and in compliance with the requirements of the Municipal Election Code and any other statute specifically related to such election. If an election resolution has already been adopted, the new election resolution shall supersede the existing election resolution and the new election resolution shall be published as required by the Municipal Election Code.
B. Except as otherwise provided by law, one or more municipal special elections, including but not limited to bond elections, may be held in conjunction with a regular municipal election or one or more special municipal elections.
C. When concurrent elections are called for, publications, notices, selection of precinct boards, election schools, ordering election supplies, conduct of the election, canvassing, [record keeping] recordkeeping and all other election matters shall be conducted to comply with all election requirements for each such election as if it were held separately. However, any requirement may be satisfied by a combined action if such action would satisfy the requirements set by law for each individual election. Allowable combined actions include [but are not limited to] combined:
(1) publications;
(2) notices;
(3) appointment of precinct boards;
(4) ordering of election supplies;
(5) conduct of election;
(6) canvassing; and
(7) recordkeeping.
D. If no more candidates qualify for office than there are vacancies to be filled and no ballot questions are submitted, the candidates shall be declared elected without a vote upon certification by the municipal clerk. If there is no candidate for any office, the office shall be declared vacant and the vacancy shall be filled after the date scheduled for the election in accordance with law."
SECTION 2. Section 3-10-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-9-1, as amended) is amended to read:
"3-10-1. OFFICERS--ELECTIVE--TERM OF OFFICE.--
A. The elective officers of a municipality having a mayor-council form of government are:
(1) one mayor;
(2) the members of the governing body; and
(3) a municipal judge.
B. The elective officers of a municipality having a commission-manager form of government are:
(1) five commissioners; and
(2) a municipal judge.
C. Notwithstanding the provisions of Subsection A of this section, a municipality with a population of five hundred persons or less in the last federal decennial census shall not have a municipal judge if it adopts an effective ordinance in accordance with the provisions of Subsection B of Section 35-14-1 NMSA 1978.
D. In every noncharter municipality, except those noncharter municipalities having a commission-manager form of government or electing members of the governing body from districts, the terms of office for the mayor and members of the governing body shall be four years. The term of office for members of the governing body shall be staggered so that the terms of office for one-half of the members of the governing body will expire every two years.
E. Any elected municipal official whose term of office has expired shall continue in that office until [his] a successor is elected and has taken office pursuant to the provisions of the Municipal Election Code.
F. If no more candidates qualify for office than there are vacancies to be filled and no ballot questions are submitted, the candidates shall be declared elected without a vote upon certification by the municipal clerk. If there is no candidate for any office, the office shall be declared vacant and the vacancy shall be filled after the date scheduled for the election in accordance with law."
SECTION 3. Section 3-14-7 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-13-7) is amended to read:
"3-14-7. COMMISSION-MANAGER--CANDIDATES FOR OFFICE [WRITE-IN BALLOTS].--If no more candidates qualify for office than there are vacancies to be filled and no ballot questions are submitted, [they] the candidates shall be declared elected without a vote upon certification by the municipal clerk. If there is no candidate for any office, the [ballot shall be printed without names and a voter may write in the name of a qualified elector upon the ballot] office shall be declared vacant and the vacancy shall be filled after the date scheduled for the election in accordance with law."
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