HB0399GES

HOUSE GOVERNMENT, ELECTIONS AND INDIAN AFFAIRS

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 399

56th legislature - STATE OF NEW MEXICO - first session, 2023

AN ACT

RELATING TO COUNTIES; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY WITH A POPULATION GREATER THAN THIRTY-FIVE THOUSAND AS SHOWN BY THE MOST RECENT FEDERAL DECENNIAL CENSUS SHALL CONSIST OF FIVE QUALIFIED ELECTORS; ESTABLISHING A PROCEDURE TO REDISTRICT AND ELECT COUNTY COMMISSIONERS TO THE NEWLY ESTABLISHED FIVE-MEMBER BOARDS OF COUNTY COMMISSIONERS; PROVIDING A TEMPORARY PROCEDURE TO REDISTRICT AND ELECT COUNTY COMMISSIONERS FOR A TERM BEGINNING JANUARY 1, 2025.

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

SECTION 1. Section 4-38-2 NMSA 1978 (being Laws 1876, Chapter 1, Section 8, as amended) is amended to read:

"4-38-2. MEMBERS--QUORUM.--

A. The board of county commissioners shall consist of either three or five qualified electors who shall be elected according to law. For a three-member board, two members constitute a quorum for the purpose of transacting business. For a five-member board, three members constitute a quorum for the purpose of transacting business.

B. The board of county commissioners of any county having a population of more than [one hundred thousand] thirty-five thousand, as shown by the most recent federal decennial census, [and having a final, full assessed valuation in excess of seventy-five million dollars ($75,000,000)] shall consist of five qualified electors who shall be elected according to law."

SECTION 2. [NEW MATERIAL] PROCEDURE FOR BOARD TRANSITION TO FIVE COUNTY COMMISSIONERS--LEGISLATIVE FINDINGS.--

A. The legislature finds that the following adjustment to terms of office for certain county commissioners is necessary to provide for consistency in the timing of elections in light of the county redistricting for the boards of county commissioners that change to a five-member board pursuant to the provisions of Subsection B of Section 4-38-2 NMSA 1978.

B. For each county with a population of more than thirty-five thousand, as shown by the most recent federal decennial census, that is required to change to a five-member board of county commissioners pursuant to Subsection B of Section 4-38-2 NMSA 1978:

(1) the board of county commissioners shall, by January 1 of the next succeeding year ending in the number two, divide the county into five compact single-member county commission districts in accordance with the provisions of the Precinct Boundary Adjustment Act and shall notify the county clerk, who shall notify the secretary of state. The board of county commissioners shall keep current commissioners in their current district number unless it would be contrary to law;

(2) at the general election of the next succeeding year ending in the number two and for a term beginning January 1 of the subsequent year, county commissioners for the newly created districts and existing even-numbered districts shall be elected pursuant to the provisions of the Election Code. The board of county commissioners shall provide a process to renumber the county commission district numbers so that subsequent elections for the offices are aligned with the offices listed for election in Section 1-10-8 NMSA 1978 and, when necessary, shall adjust term lengths only as required to align offices and positions to the offices listed for election in Section 1-10-8 NMSA 1978; and

(3) if a precinct is added to an existing odd-numbered county commission district that was not previously a part of the district, a county commissioner shall be elected for that district at the general election of the next succeeding year ending in the number two.

SECTION 3. TEMPORARY PROVISION--ONE-TIME PROCEDURE TO DIVIDE NEW DISTRICTS AND ELECT COUNTY COMMISSIONERS FOR A TERM BEGINNING 2025.--

B. For each county with a population of more than thirty-five thousand, as shown by the 2020 federal decennial census, that is required to change to a five-member board of county commissioners pursuant to Subsection B of Section 4-38-2 NMSA 1978:

(1) the board of county commissioners shall, by November 1, 2023, divide the county into five compact single-member county commission districts in accordance with the provisions of the Precinct Boundary Adjustment Act and shall notify the county clerk, who shall notify the secretary of state. The secretary of state shall review the newly drawn county precinct map for compliance with the law. A county precinct map determined not to be in compliance shall be rejected and returned to the board of county commissioners as soon as is practicable with a written statement detailing the instances of noncompliance, and the board shall make the required adjustments by January 1, 2024. For a board of county commissioners that does not make any necessary adjustments by January 1, 2024, the secretary of state shall adjust the boundaries of the precincts only to the extent necessary to achieve compliance with the law and notify the county of those boundary adjustments;

(2) at the 2024 general election and for a term beginning January 1, 2025, county commissioners for the newly created commission districts and existing odd-numbered districts shall be elected pursuant to the provisions of the Election Code. The board of county commissioners shall provide a process to renumber the district numbers so that subsequent elections for the offices are aligned with the offices listed for election in Section 1-10-8 NMSA 1978 and, when necessary, shall adjust term lengths only as required to align offices and positions to the offices listed for election in Section 1-10-8 NMSA 1978; and

(3) if a precinct is added to an existing even-numbered county commission district that was not previously a part of the district, a county commissioner shall be elected for that district at the 2024 general election.

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