2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000 › Section 3-14-8 - Commissioners; special election; terms.

A. Within ten days after the adoption of the commission-manager form of government, the governing body shall adopt an election resolution calling for the holding of an election for the purpose of electing five commissioners at the first regular or local or general election following adoption of the resolution. The election shall be conducted in the same manner as are regular local elections pursuant to the terms of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. The commissioners so elected shall determine their terms of office by lot, so that three commissioners shall serve until the next regular local election and two commissioners shall serve until the succeeding regular local election.
B. Their respective successors shall hold office for staggered periods of four years and until their successors are elected and take office as provided in the Local Election Act.
History:
1953 Comp., § 14-13-8, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 111; 2018, ch. 79, § 56.
ANNOTATIONS
Cross references.
— For giving notice of special election,
see
3-8-35 NMSA 1978.
The 2018 amendment,
effective July 1, 2018, changed when the governing body shall hold an election for the purpose of electing commissioners after the adoption of the commission-manager form of government, provided that the election shall be governed by the Local Election Act, and made technical changes; in Subsection A, after "calling for the holding of", deleted "a special" and added "an", after the next occurrence of "election", deleted "within one hundred twenty days after the adoption of the commission-manager form of government", after "electing five commissioners", added "at the first regular or local or general election following adoption of the resolution", replaced "municipal" with "local" throughout the subsection, and after "pursuant to the terms of", deleted "Municipal Election Code" and added "Local Election Act"; and in Subsection B, after "as provided in the", deleted "Municipal Election Code" and added "Local Election Act".
Temporary provisions.
— Laws 2018, ch. 79, § 172 provided:
A. The term of an elected local government officer that was set to expire on or before June 30, 2020 pursuant to the governing statutes of that local government in effect before the effective date of this act shall expire on December 31, 2019, and that officer's successor shall be elected in the regular local election held on the first Tuesday after the first Monday of November 2019 for a term beginning on January 1, 2020.
B. The term of an elected local government officer that was set to expire on or after July 1, 2020 but on or before June 30, 2022 pursuant to the governing statutes of that local government in effect before the effective date of this act shall expire on December 31, 2021, and that officer's successor shall be elected in the regular local election held on the first Tuesday after the first Monday of November 2021 for a term beginning on January 1, 2022.
C. The term of an elected local government officer that was set to expire on or after July 1, 2022 pursuant to the governing statutes of that local government in effect before the effective date of this act shall expire on December 31, 2023, and that officer's successor shall be elected in the regular local election held on the first Tuesday after the first Monday of November 2023 for a term beginning on January 1, 2024.
D. The provisions of this section do not apply to the elections for municipal officers, the lengthening or shortening of terms of which shall be determined by ordinance of the municipality opting into having its municipal officers elected at the regular local elections.
E. The provisions of this section only apply to local government officers whose elections are subject to the provisions of the Local Election Act but do not apply to conservancy district or watershed district elections, which are subject to the provisions of Section 173 of this act.
Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
The 1985 amendment,
in Subsection A, substituted "ten days" for "ninety days" near the beginning of the first sentence, substituted "shall adopt an election resolution calling for the holding of a special election within one hundred twenty days after the adoption of the commission-manager form of government" for "shall call a special election" near the middle of the first sentence, and added "pursuant to the terms of the Municipal Election Code" at the end of the second sentence and substituted "take office as provided in the Municipal Election Code" for "qualified" at the end of Subsection B.
Transition to commission-manager form of government.
— Where a petition was filed with the clerk of the Town of Edgewood seeking to change Edgewood's form of government from a mayor-council form of government to a commission-manager form of government, and where the governing body of Edgewood passed a resolution calling for a special election and placing the ballot question regarding the potential transition on the ballot, should the electorate of Edgewood vote in favor of the commission-manager form of government as part of the special election, each current member of Edgewood's mayor-council governing body should remain in their official position until the new commission takes office, and during the transition period, the current governing body should utilize its powers and authority to arrange for an appropriate administrative structure in order for the new commission to assume governing authority over the town, including the districting of Edgewood into five separate commissioner districts, as well as any additional actions necessary to provide for the election of five new commissioners and the transition to a commission-manager form of government, and any commissioner elected pursuant to that election will commence their terms on January 1 of the following year.
Potential Transition to Commission-Manager Form of Government
(7/29/20), Att'y Gen. Adv. Ltr. 2020-07.