2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 12 - Governing Body of Municipality › Section 3-12-2.1 - Governing body; mayor-council; change in number of members.

A. The number of members on the council or board of trustees of a municipality having a mayor-council form of government may be changed as set forth in this section provided such number shall not be less than or more than that number specified in Subsection D of Section 3-12-2 NMSA 1978.
B. A majority of the members elected to the governing body may adopt an ordinance increasing or decreasing the number of councilmen or trustees of that body and calling a special election on the question of approving or disapproving the change.
C. The governing body of the municipality shall adopt an election resolution calling a special election on the question of approving or disapproving a change in the number of councilmen or trustees if there is filed with the municipal clerk a petition requesting an election on such a change and the petition is signed by at least five percent of the number of registered voters of the municipality. The petition shall specify the number of councilmen in addition to the mayor which shall constitute the governing body of the municipality. The petition shall be validated by the municipal clerk by verification that it contains the required number of signatures of registered voters. The election resolution shall be adopted within ten days after the petition is verified by the municipal clerk.
D. A special election to approve or disapprove a change in the number of councilmen or trustees shall be held within ninety days after the adoption of the ordinance as provided in Subsection B of this section or within ninety days after the date the petition is verified as provided in Subsection C of this section, as the case may be, or the election may be held in conjunction with a regular municipal election if such election occurs within ninety days after the adoption of the ordinance or verification of the petition. The municipality shall pay for the cost of the election.
E. If at an election called pursuant to this section a majority of the registered voters voting on the question of changing the number of councilmen or trustees vote in favor of such change, all councilmen or trustees shall serve until their current term of office expires. At each of the subsequent two regular municipal elections, one-half of the newly required number of councilmen or trustees shall be elected.
F. If a majority of the registered voters voting on the question of changing the number of councilmen or trustees disapproves or approves of such change, then such change in the number of members shall not be considered again for a period of four years from the date of the election.
History:
1978 Comp., § 3-12-2.1, enacted by Laws 1981, ch. 198, § 1; 1985, ch. 208, § 108; 1991, ch. 130, § 1.
ANNOTATIONS
The 1985 amendment
substituted "a special election" for "an election" near the end of Subsection B, near the beginning of Subsection C, and at the beginning of Subsection D, substituted "shall adopt an election resolution" for "shall adopt a resolution" near the beginning of Subsection C and near the middle of Subsection E, added the last sentence in Subsection C, substituted "ninety days" for "sixty days" three times in Subsection D, inserted "after filing of the certificate of canvass in the minute book" following "within one hundred twenty days" near the middle of Subsection E, and added the last sentence in Subsection E.
The 1991 amendment,
effective June 14, 1991, substituted "ordinance" for "resolution" in two places in the first sentence in Subsection D and rewrote Subsection E.