reglab/housing_qa huggingface dataset:
NM Stat § 10-1-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-1 - [Ineligibility for recess appointment after rejection by senate.]

No person, whose nomination or appointment to any office in the state shall have been rejected by the senate, shall be eligible to hold office under recess appointment. History: Laws 1915, ch. 61, § 1; C.S. 1929, § 96-138; 1941 Comp., § 10-101; 1953 Comp., § 5-1-1. ANNOTATIONSCross references. — For constitutional provision relating to qualifications to hold office, see N.M. Const., art. VII, § 2. For employment of handicapped persons, policy of the state, see 28-10-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 16 to 19.
NM Stat § 10-1-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-3 - [Deputies and assistants convicted of crimes; penalty for appointment or retention.]

It shall be unlawful for any state, county, district, or municipal officer to appoint, employ, or retain as a deputy or assistant any person convicted of a felonious or infamous crime, unless such person has been pardoned or restored to political rights; and any public officer who shall knowingly violate the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not less than one hundred dollars [($100)] nor more than five hundred dollars [($500)] and, in addition to such punishment, shall be removed from office in accordance with the provisions of this chapter. History: Laws 1912, ch. 44, § 2; Code 1915, § 3952; C.S. 1929, § 96-103; 1941 Comp., § 10-103; 1953 Comp., § 5-1-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Cross references. — For persons convicted of crime ineligible for office, see 10-1-2 NMSA 1978. "Public officer" and "state officer" are synonyms. 1966 Op. Att'y Gen. No. 66-114. Employment in position other than deputy or assistant. — It would appear that the employment by the commission or the chief highway engineer of a person (convicted of a felonious crime) in any position other than as deputy or assistant to the commission or the chief highway engineer would not violate the statute. 1954 Op. Att'y Gen. No. 54-5952. Am. Jur. 2d, A.L.R. and C.J.S. references. — Conviction of offense under federal law or law of another state or country as vacating accused's holding of state or local office, 20 A.L.R.2d 732. Effect of conviction in federal court, or court of another state or country, on right to hold public office, 39 A.L.R.3d 303. Pardon as restoring eligibility to public office, 58 A.L.R.3d 1191. 67 C.J.S. Officers and Public Employees §§ 22, 35.
NM Stat § 10-1-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-4 - [Women eligible for appointment.]

Women may hold any appointive office in the state of New Mexico. History: Laws 1913, ch. 60, § 1; Code 1915, § 3953; C.S. 1929, § 96-104; 1941 Comp., § 10-104; 1953 Comp., § 5-1-4. ANNOTATIONSCross references. — For eligibility of women to any public office, see N.M. Const., art. VII, § 2. For women as public officers, see N.M. Const., art. XX, § 11. Assistant commissioner of public lands. — Under this section and N.M. Const., art. XX, § 11, a woman may hold the appointive office of assistant commissioner of public lands. 1920 Op. Att'y Gen. No. 20-2752. A woman can hold the office of school director. 1912 Op. Att'y Gen. No. 12-934. Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and application of provisions of Equal Pay Act of 1963 (29 U.S.C. § 206(d)) prohibiting wage discrimination on basis of sex, 7 A.L.R. Fed. 707. Construction and application of provisions of Title VII of 1964 Civil Rights Act making sex discrimination in employment unlawful, 12 A.L.R. Fed. 15, 27 A.L.R. Fed. 274, 27 A.L.R. Fed. 537, 34 A.L.R. Fed. 648, 35 A.L.R. Fed. 15, 62 A.L.R. Fed. 33, 110 A.L.R. Fed. 28, 116 A.L.R. Fed. 1, 123 A.L.R. Fed. 1 What constitutes "establishment" for purposes of § 6(d)(1) of Equal Pay Act (29 USCS § 206(d)(1)), prohibiting wage discrimination within establishment based on sex, 124 A.L.R. Fed. 159. What constitutes termination of employee due to pregnancy in violation of Pregnancy Discrimination Act amendment to Title VII of Civil Rights Act of 1964 (42 USCS § 2000e(k)), 130 A.L.R. Fed. 473. 67 C.J.S. Officers and Public Employees § 20.
NM Stat § 10-1-5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 54, § 1, repealed 10-1-5 NMSA 1978, relating to residence requirement for public employees and percentage of residents on public works projects.
NM Stat § 10-1-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-6 - [Affidavits of residence; prima facie value as evidence.]

Any person whose duty it is to engage or hire employees mentioned in Section 1 of this act may require any person applying for such employment to file an affidavit with such person, stating his name and residence and that he has been a bona fide resident of the state of New Mexico for a period of one year next previous to the date of application for such employment. In all prosecutions against any persons for violation of the provisions of this act [10-1-6 to 10-1-9 NMSA 1978], such affidavits shall be received in evidence as prima facie proof of the truth of the statements therein contained. History: Laws 1933, ch. 68, § 2; 1941 Comp., § 10-106; 1953 Comp., § 5-1-6. ANNOTATIONSCompiler's notes. — "Section 1 of this act," referred to near the beginning of the first sentence, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1. Application to construction project. — This section, when read together with the provisions of 10-1-7 and 10-1-8 NMSA 1978, has specific application to the construction of the public works project contemplated by the interstate streams commission (the Ute dam), and would have to be considered by the commission in the carrying out of the construction work. 1962 Op. Att'y Gen. No. 62-80. When production of affidavits required. — Under 6-2-1 NMSA 1978, the heads of departments may be compelled to produce the affidavit required under this section before making payment to any person or persons employed who have not been residents of New Mexico for one year prior to their employment as state employees. 1951 Op. Att'y Gen. No. 51-5388. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and application of enactments relating to requirement of residency within or near specified governmental unit as condition of continued employment for policemen or firemen, 4 A.L.R.4th 380. 67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
NM Stat § 10-1-7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-7 - [Provisions of employment contracts.]

Every written contract entered into by the state of New Mexico and all political subdivisions thereof, including all of the departments, bureaus, boards, commissions or institutions of said state and all of its political subdivisions, involving the employment of persons mentioned in Section 1 of this act shall contain such provisions relating to employment as comply with the provisions of this act. History: Laws 1933, ch. 68, § 3; 1941 Comp., § 10-107; 1953 Comp., § 5-1-7. ANNOTATIONSCompiler's notes. — "Section 1 of this act," referred to near the beginning of the first sentence, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
NM Stat § 10-1-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-8 - [Failure to employ residents; penalties.]

Any person, firm, corporation or association having charge of or control over the employment of persons mentioned in Section 1 of this act, who shall willfully refuse to comply with the provisions of said Section 1, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $300 or by imprisonment in the county jail not to exceed ninety days or both such fine and imprisonment, in the discretion of the court. History: Laws 1933, ch. 68, § 4; 1941 Comp., § 10-108; 1953 Comp., § 5-1-8. ANNOTATIONSCompiler's notes. — "Section 1 of this act," referred to near the beginning of the first sentence, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
NM Stat § 10-1-9 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-9 - [False affidavit to obtain employment; penalty.]

Any applicant for employment mentioned in Section 1 thereof, who shall willfully file any false affidavit for the purpose of obtaining employment shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the penalties mentioned in Section 4 [10-1-8 NMSA 1978] hereof. History: Laws 1933, ch. 68, § 5; 1941 Comp., § 10-109; 1953 Comp., § 5-1-9. ANNOTATIONSCompiler's notes. — "Section 1 thereof," referred to near the beginning of the section, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
NM Stat § 10-1-11 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-11 - [Payment of nepotic employees; liability of employer and bondsmen; employment void.]

No person so unlawfully employed shall be paid or receive any compensation from public funds, and such employment shall be null and void, and the person or persons giving such employment, together with his or their bondsmen, shall be liable for any and all monies so unlawfully paid out. History: Laws 1925, ch. 50, § 2; C.S. 1929, § 96-137; 1941 Comp., § 10-111; 1953 Comp., § 5-1-11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 23.
NM Stat § 10-1-12 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-12 - [Employment of persons advocating sabotage, sedition or treason prohibited; discharge of such persons already employed.]

No person shall be knowingly employed by any state department, office, board, commission or bureau, county, municipality or other political subdivision, board of education or school board, who either directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the government of the United States or of this state. When it becomes reasonably apparent to his appointing power that any employee has committed any of the acts hereinabove described it shall be the duy [duty] of such employer to refer the data and information available to him to the district attorney of the judicial district wherein such employee resides, and it shall thereupon become the mandatory duty of the district attorney to institute a proceeding in the district court to determine whether the employee has violated this act [section]. If such court determines that this act has been violated, such employee shall be immediately discharged and shall not be again employed in any capacity by any state department, office, board, commission, or bureau, county, municipality, or other political subdivision, board of education, or school board. No part of any money appropriated from the state treasury shall ever be expended to compensate any person whose employment is forbidden by this section. History: Laws 1949, ch. 45, § 1; 1941 Comp., § 10-112; 1953 Comp., § 5-1-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For public policy regarding communism, see 12-4-1 to 12-4-3 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 48, 241. Oath of allegiance or loyalty: validity of governmental requirement of, 18 A.L.R.2d 268. Self-incrimination: right of witness to refuse to answer, on the ground of self-incrimination, as to membership in or connection with party, society, or similar organization or group, 19 A.L.R.2d 388. Schoolteacher, dismissal or rejection of because of disloyalty, 27 A.L.R.2d 487. Defamatory nature of statements reflecting on plaintiff's religious beliefs, standing, or activities, 33 A.L.R.2d 1196. Libel and slander: public officer's privilege as to statements made in connection with hiring and discharge, 26 A.L.R.3d 492. Libel and slander: public officer's privilege in connection with accusation that another has been guilty of sedition, subversion, espionage, or similar behavior, 33 A.L.R.3d 1330. Imputation of allegedly objectionable political or social beliefs or principles as defamation, 62 A.L.R.4th 314. What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office, 10 A.L.R.5th 139. 67 C.J.S. Officers and Public Employees §§ 22, 120, 121, 125.
NM Stat § 10-1-13 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 1 - Qualifications|Section 10-1-13 - County officers; oath; bond.

A. As used in this section, "county officer" means county commissioner, county assessor, county clerk, county sheriff, county treasurer, probate judge, county flood commissioner and small claims court clerk. B. Before assuming the duties of office, each county officer shall take and subscribe the oath of office prescribed by the constitution of New Mexico and give an official bond payable to the state and conditioned for the faithful performance of duties, during the county officer's term of office and until a successor is elected or appointed and is qualified, and that the county officer shall pay all money received in the county officer's official capacity to the person entitled to receive it. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond required shall be fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled by the county officer during the preceding fiscal year but not to exceed: ||     county commissioner   $ 5,000  ||     county assessor    5,000  ||     county clerk    10,000  ||     county sheriff    20,000  ||     county treasurer    50,000  ||     probate judge    5,000  ||     county flood commissioner    10,000  ||     small claims court clerk    10,000.  |C. Each county officer shall appoint a deputy or clerk, as allowed by law, who shall take the oath of office required of the appointing county officer and shall receive salary as provided by law. In case of the death of the appointing county officer, the deputy shall continue in office and perform the duties of the county officer until a new county officer is appointed and qualified as required by law. D. The cost of official bonds for county officers shall be paid from the county general fund, and the board of county commissioners may elect to provide a schedule or blanket corporate surety bond covering county officers and employees for any period of time not exceeding four years. E. If any county officer fails to give bond by January 10 following the county officer's election or within ten days of appointment, the board of county commissioners shall declare the office vacant. History: 1953 Comp., § 5-1-13, enacted by Laws 1967, ch. 238, § 1; 2011, ch. 56, § 25. ANNOTATIONSThe 2011 amendment, effective December 31, 2012, removed the office of county surveyor from the list of county officers. Appointment to fill county office vacancy. — A vacancy in a county office may occur where a successor in an office fails to qualify. The board of county commissioners must appoint a person to fill the vacancy and an incumbent who has already served two consecutive terms is ineligible for that appointment. 1979 Op. Att'y Gen. No. 79-19. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 45 to 48.
NM Stat § 10-2-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-1 - [Sureties on bonds; qualifications.]

No bond of any public officer of this state executed by any individual, or firm as surety, shall be accepted or approved unless the persons or firm executing the same shall be the owners of unencumbered real estate or personal property in this state to an amount equal to the amount for which they respectively qualify on such bonds. History: Laws 1909, ch. 122, § 2; Code 1915, § 511; C.S. 1929, § 17-107; 1941 Comp., § 10-201; 1953 Comp., § 5-2-1. ANNOTATIONSCross references. — For amount of bonds of state, county, and municipal treasurers, see 6-10-38 NMSA 1978. For supreme court law library, librarian, bond, see 18-1-8 NMSA 1978. For commissioner of public lands, bond, see 19-1-4 NMSA 1978. For corporation as surety on bond, see 46-6-1 NMSA 1978. Elements of public office. — Five elements are indispensable in any position of public employment, in order to make it a public office of a civil nature: (1) It must be created by the constitution or by the legislature or created by a municipality or other body through authority conferred by the legislature; (2) it must possess a delegation of a portion of the sovereign power of government, to be exercised for the benefit of the public; (3) the powers conferred, and the duties to be discharged, must be defined, directly or impliedly, by the legislature or through legislative authority; (4) the duties must be performed independently and without control of a superior power, other than the law, unless they be those of an inferior or subordinate office, created or authorized by the legislature, and by it placed under the general control of a superior officer or body; (5) it must have some permanency and continuity, and not be only temporary or occasional. In addition, in this state, an officer must take and file an official oath, hold a commission or other written authority, and give an official bond, if the latter be required by proper authority. 1956 Op. Att'y Gen. No. 56-6396. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 487 to 566. 67 C.J.S. Officers and Public Employees § 47.
NM Stat § 10-2-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-2 - [County or district officer not to be surety for another official.]

No county or district officer shall be in future surety on the official bond of another county officer, and no such officer who shall be required to give bond shall be considered as qualified, if any other of the officers above mentioned shall give such bond. History: Laws 1882, ch. 34, § 1; C.L. 1884, § 501; C.L. 1897, § 843; Code 1915, § 512; C.S. 1929, § 17-108; 1941 Comp., § 10-202; 1953 Comp., § 5-2-2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 47.
NM Stat § 10-2-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-3 - [State and county officers prohibited from being sureties.]

It shall be unlawful for any state or county officer who is required by law to give official bonds to sign any bond or become surety for any other person or persons during the term for which he is required to give official bonds for himself. History: Laws 1903, ch. 57, § 1; Code 1915, § 513; C.S. 1929, § 17-109; 1941 Comp., § 10-203; 1953 Comp., § 5-2-3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 47.
NM Stat § 10-2-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-4 - [Public officer becoming surety; misdemeanor in office.]

Any violation of the preceding section [10-2-3 NMSA 1978] shall constitute a misdemeanor in office. History: Laws 1903, ch. 57, § 2; 1905, ch. 85, § 1; Code 1915, § 514; C.S. 1929, § 17-110; 1941 Comp., § 10-204; 1953 Comp., § 5-2-4. ANNOTATIONSCompiler's notes. — The compilers of the 1915 Code substituted "preceding section" for "provisions of this act" and omitted a provision subjecting the offender to summary removal from office by the governor. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 47.
NM Stat § 10-2-5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-5 - [Recording of bonds required.]

The bonds given by all persons elected or appointed to office in this state shall be recorded. History: Laws 1893, ch. 56, § 1; C.L. 1897, § 3187; Code 1915, § 515; C.S. 1929, § 17-111; 1941 Comp., § 10-205; 1953 Comp., § 5-2-5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 47.
NM Stat § 10-2-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-6 - [Record of official bonds of state and district officers.]

The bonds of all state and district officers shall be recorded in a record book to be provided for that purpose, and known as the record of official bonds, in the office of the secretary of state. History: Laws 1893, ch. 56, § 2; C.L. 1897, § 3188; Code 1915, § 516; C.S. 1929, § 17-112; 1941 Comp., § 10-206; 1953 Comp., § 5-2-6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 47.
NM Stat § 10-2-7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-7 - [Filing of bonds by officials of state and state agencies.]

The bonds of all state officials, and of the members of all state boards and institutions, after having been recorded as required by law, shall be filed and kept in the office of the secretary of state; and all state bonds now filed elsewhere shall be transferred to the office of the secretary. History: Laws 1905, ch. 59, § 1; Code 1915, § 517; C.S. 1929, § 17-113; 1941 Comp., § 10-207; 1953 Comp., § 5-2-7. ANNOTATIONSCross references. — For director and officers and employees of financial institutions division, bonds, see 58-1-33 NMSA 1978. For board of dental health care, see 61-5A-8 NMSA 1978. For board of medical examiners, bond of secretary-treasurer, see 61-6-3 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 47.