reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-39 - Repealed.

History:
1978 Comp., § 3-8-39, enacted by Laws 1985, ch. 208, § 47; 1995, ch. 200, § 3; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-39 NMSA 1978, as enacted by Laws 1985, ch. 208, § 47, relating to conduct of election, maintenance of order, peace officer, memoranda of actions or omissions, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-40 - Repealed.

History:
1978 Comp., § 3-8-40, enacted by Laws 1985, ch. 208, § 48; 1987, ch. 323, § 19; 1997, ch. 266, § 11; 1999, ch. 278, § 10; 2003, ch. 244, § 6; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-40 NMSA 1978, as enacted by Laws 1985, ch. 208, § 48, relating to conduct of election, persons not permitted to vote, certificate voting, fraudulent and double voting, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-40.1 - Repealed.

History:
Laws 1999, ch. 278, § 45; repealed by Laws 2009, ch. 278, § 40.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 278, § 40 repealed 3-8-40.1 NMSA 1978, as enacted by Laws 1999, ch. 278, § 45, relating to certificate voting, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-41 - Repealed.

History:
1978 Comp., § 3-8-41, enacted by Laws 1985, ch. 208, § 49; 2009, ch. 278, § 11; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-41 NMSA 1978, as enacted by Laws 1985, ch. 208, § 49, relating to conduct of election; voter's name, address, signature; entries by precinct board, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-42 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 22, § 7 repealed 3-8-42 NMSA 1978, as enacted by Laws 1985, ch. 208, § 50, relating to assistance to a voter, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-43 - Repealed.

History:
1978 Comp., § 3-8-43, enacted by Laws 1985, ch. 208, § 51; 1987, ch. 323, § 20; 1997, ch. 266, § 12; 1999, ch. 278, § 11; 2003, ch. 244, § 7; 2009, ch. 278, § 12; repealed by Laws 2018, ch. , § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-43 NMSA 1978, as enacted by Laws 1985, ch. 208, § 51, relating to conduct of election, challenges, required challenges, entries, disposition, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-44 - Repealed.

History:
1978 Comp., § 3-8-44, enacted by Laws 1985, ch. 208, § 52; 1995, ch. 200, § 4; 2009, ch. 278, § 13; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-44 NMSA 1978, as enacted by Laws 1985, ch. 208, § 52, relating to conduct of election, voting machines, instructions, inspection of voting machine face after vote, entry into machine, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-45 - Repealed.

History:
1978 Comp., § 3-8-45, enacted by Laws 1985, ch. 208, § 53; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-45 NMSA 1978, as enacted by Laws 1985, ch. 208, § 53, relating to conduct of election, closing polls, arrival of voter after the polls close, election clerk certificate, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-46 - Repealed.

History:
1978 Comp., § 3-8-46, enacted by Laws 1985, ch. 208, § 54; 1987, ch. 323, § 21; 2001, ch. 197, § 5; 2009, ch. 278, § 14; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-46 NMSA 1978, as enacted by Laws 1985, ch. 208, § 54, relating to conduct of elections, closing polls, locking voting machines, opening voting machines, verification of votes, admittance of watchers and candidates, proclamation of results, completion of locking, duration of locking and sealing, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-47 - Repealed.

History:
1978 Comp., § 3-8-47, enacted by Laws 1985, ch. 208, § 55; 1997, ch. 266, § 13; 1999, ch. 278, § 12; 2009, ch. 278, § 15; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-47 NMSA 1978, as enacted by Laws 1985, ch. 208, § 55, relating to conduct of elections, disposition of signature roster, machine-printed returns, ballot boxes, election return certificate, affidavits, other election materials, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-48 - Repealed.

History:
1978 Comp., § 3-8-48, enacted by Laws 1985, ch. 208, § 56; 1997, ch. 266, § 14; 2009, ch. 278, § 16; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-48 NMSA 1978, as enacted by Laws 1985, ch. 208, § 56, relating to conduct of elections, paper ballots, one to a voter, receipt or delivery, occupation of voting machines, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-49 - Repealed.

History:
1978 Comp., § 3-8-49, enacted by Laws 1985, ch. 208, § 57; 2009, ch. 278, § 17; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-49 NMSA 1978, as enacted by Laws 1985, ch. 208, § 57, relating to conduct of election, paper ballots, marking; use of pen or other writing implement, identification marks, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-50 - Repealed.

History:
1978 Comp., § 3-8-50, enacted by Laws 1985, ch. 208, § 58; 2009, ch. 278, § 18; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-50 NMSA 1978, as enacted by Laws 1985, ch. 208, § 58, relating to conduct of election, paper ballots, procedure after marking, delivery of two or more ballots, person authorized to receive ballots, spoiled or defaced ballots, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-51 - Repealed.

History:
1978 Comp., § 3-8-51, enacted by Laws 1985, ch. 208, § 59; 1999, ch. 278, § 13; 2009, ch. 278, § 19; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-51 NMSA 1978, as enacted by Laws 1985, ch. 208, § 59, relating to conduct of election, paper ballots, unused ballots, destruction of unused ballots, counting and tallying, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-52 - Repealed.

History:
1978 Comp., § 3-8-52, enacted by Laws 1985, ch. 208, § 60; 1987, ch. 323, § 22; 2009, ch. 278, § 20; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-52 NMSA 1978, as enacted by Laws 1985, ch. 208, § 60, relating to conduct of election, paper ballots, signature rosters, disposition, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-53 - Repealed.

History:
1953 Comp., § 14-8-14, enacted by Laws 1965, ch. 300; 1971, ch. 306, § 14; 1978 Comp., § 3-8-16, recompiled as 1978 Comp., § 3-8-53 by Laws 1985, ch. 208, § 61; 1987, ch. 323, § 23; 1999, ch. 278, § 14; 2001, ch. 197, § 6; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-53 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to post-election duties, canvass of returns, majority vote for questions, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-54 - Repealed.

History:
1978 Comp., § 3-8-54, enacted by Laws 1985, ch. 208, § 62; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-54 NMSA 1978, as enacted by Laws 1985, ch. 208, § 62, relating to post-election duties, canvass method, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-55 - Repealed.

History:
1978 Comp., § 3-8-55, enacted by Laws 1985, ch. 208, § 63; 1997, ch. 266, § 15; 1999, ch. 278, § 15; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-55 NMSA 1978, as enacted by Laws 1985, ch. 208, § 63, relating to post-election duties, canvass, defective returns, correction, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-56 - Repealed.

History:
1978 Comp., § 3-8-56, enacted by Laws 1985, ch. 208, § 64; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-56 NMSA 1978, as enacted by Laws 1985, ch. 208, § 64, relating to post-election duties, canvass, when recheck is required, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-57 - Repealed.

History:
1978 Comp., § 3-8-57, enacted by Laws 1985, ch. 208, § 65; 1999, ch. 278, § 16; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-57 NMSA 1978, as enacted by Laws 1985, ch. 208, § 65, relating to post-election duties; canvass; search for missing returns, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-58 - Repealed.

History:
1978 Comp., § 3-8-58, enacted by Laws 1985, ch. 208, § 66; 2001, ch. 197, § 7; 2009, ch. 278, § 21; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-58 NMSA 1978, as enacted by Laws 1985, ch. 208, § 66, relating to post-election duties, canvass, voting machine recheck, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-59 - Repealed.

History:
1978 Comp., § 3-8-59, enacted by Laws 1985, ch. 208, § 67; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-59 NMSA 1978, as enacted by Laws 1985, ch. 208, § 67, relating to post-election duties, voting machine recheck cost, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-60 - Repealed.

History:
1978 Comp., § 3-8-60, enacted by Laws 1985, ch. 208, § 68; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-60 NMSA 1978, as enacted by Laws 1985, ch. 208, § 68, relating to post-election duties, tie vote, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-61 - Repealed.

History:
1978 Comp., § 3-8-61, enacted by Laws 1985, ch. 208, § 69; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-61 NMSA 1978, as enacted by Laws 1985, ch. 208, § 69, relating to post-election duties, nature of documents, expense of corrections, proceedings for contempt, responsibility for voting machines, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-62 - Repealed.

History:
1953 Comp., § 14-8-16, enacted by Laws 1965, ch. 300; 1971, ch. 306, § 15; 1978 Comp., § 3-8-18, recompiled as 1978 Comp., § 3-8-62 by Laws 1985, ch. 208, § 70; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-62 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to contest of elections, destruction of ballots, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-63 - Repealed.

History:
1978 Comp., § 3-8-63, enacted by Laws 1985, ch. 208, § 71; 1999, ch. 278, § 17; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-63 NMSA 1978, as enacted by Laws 1985, ch. 208, § 71, relating to contest of elections, who may contest, status of person holding certificate, filing of complaint, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-64 - Repealed.

History:
1978 Comp., § 3-8-64, enacted by Laws 1985, ch. 208, § 72; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-64 NMSA 1978, as enacted by Laws 1985, ch. 208, § 72, relating to contest of elections, judgment, effect, costs, disqualification of trial judge, appeal, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-65 - Repealed.

History:
1978 Comp., § 3-8-65, enacted by Laws 1985, ch. 208, § 73; 1995, ch. 200, § 5; 1999, ch. 278, § 18; 2003, ch. 244, § 8; 2009, ch. 278, § 22; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-65 NMSA 1978, as enacted by Laws 1985, ch. 208, § 73, relating to contest of elections, preservation of ballots, ballots defined, application for order, deposit, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-66 - Repealed.

History:
1978 Comp., § 3-8-66, enacted by Laws 1985, ch. 208, § 74; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-66 NMSA 1978, as enacted by Laws 1985, ch. 208, § 74, relating to contest of elections, order of impoundment, subsequent orders, access, termination of order, disposition of deposit, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-67 - Repealed.

History:
1978 Comp., § 3-8-67, enacted by Laws 1985, ch. 208, § 75; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-67 NMSA 1978, as enacted by Laws 1985, ch. 208, § 75, relating to contest of election, burden of proof, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-68 - Repealed.

History:
1978 Comp., § 3-8-68, enacted by Laws 1985, ch. 208, § 76; 1999, ch. 278, § 19; 2001, ch. 197, § 8; 2009, ch. 278, § 23; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-68 NMSA 1978, as enacted by Laws 1985, ch. 208, § 76, relating to recount, recheck, application, costs, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-69 - Repealed.

History:
1978 Comp., § 3-8-69, enacted by Laws 1985, ch. 208, § 77; 1999, ch. 278, § 20; 2003, ch. 244, § 9; 2009, ch. 278, § 24; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-69 NMSA 1978, as enacted by Laws 1985, ch. 208, § 77, relating to recount, recheck, proceedings, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-70 - Repealed.

History:
1978 Comp., § 3-8-70, enacted by Laws 1985, ch. 208, § 78; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-70 NMSA 1978, as enacted by Laws 1985, ch. 208, § 78, relating to recount, recheck, recanvass, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-71 - Repealed.

History:
1978 Comp., § 3-8-71, enacted by Laws 1985, ch. 208, § 79; 1995, ch. 200, § 6; 1997, ch. 266, § 16; 1999, ch. 278, § 21; 2003, ch. 244, § 10; 2009, ch. 278, § 25; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-71 NMSA 1978, as enacted by Laws 1985, ch. 208, § 79, relating to preservation of election information, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-72 - Repealed.

History:
1978 Comp., § 3-8-72, enacted by Laws 1985, ch. 208, § 80; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-72 NMSA 1978, as enacted by Laws 1985, ch. 208, § 80, relating to penalties, applicability, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-73 - Repealed.

History:
1978 Comp., § 3-8-73, enacted by Laws 1985, ch. 208, § 81; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-73 NMSA 1978, as enacted by Laws 1985, ch. 208, § 81, relating to unlawful opening of ballot box or voting machine, penalty, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-74 - Repealed.

History:
1978 Comp., § 3-8-74, enacted by Laws 1985, ch. 208, § 82; 1999, ch. 278, § 22; 2003, ch. 244, § 11; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-74 NMSA 1978, as enacted by Laws 1985, ch. 208, § 82, relating to unlawful possession of keys, absentee ballot, penalty, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-75 - Repealed.

History:
1978 Comp., § 3-8-75, enacted by Laws 1985, ch. 208, § 83; 1999, ch. 278, § 23; 2003, ch. 244, § 12; 2009, ch. 278, § 26; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-75 NMSA 1978, as enacted by Laws 1985, ch. 208, § 83, relating to false voting, falsifying election documents, false swearing, penalty, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-76 - Repealed.

History:
1978 Comp., § 3-8-76, enacted by Laws 1985, ch. 208, § 84; 1987, ch. 323, § 24; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-76 NMSA 1978, as enacted by Laws 1985, ch. 208, § 84, relating to offering a bribe, accepting a bribe, intimidation, penalty, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-77 - Repealed.

History:
1978 Comp., § 3-8-77, enacted by Laws 1985, ch. 208, § 85; 1997, ch. 266, § 17; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-77 NMSA 1978, as enacted by Laws 1985, ch. 208, § 85, relating to electioneering too close to polling place, obstructing polling place, disturbing polling place, penalty, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-78 - Repealed.

History:
1978 Comp., § 3-8-78, enacted by Laws 1985, ch. 208, § 86; 1997, ch. 266, § 18; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-78 NMSA 1978, as enacted by Laws 1985, ch. 208, § 86, relating to coercion of employees, permitting prisoners to vote, malfeasance by messengers, unlawful use or possession of liquor or illegal drugs, penalty, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-79 - Repealed.

History:
1978 Comp., § 3-8-79, enacted by Laws 1985, ch. 208, § 87; 1999, ch. 278, § 24; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-79 NMSA 1978, as enacted by Laws 1985, ch. 208, § 87, relating to conspiracy, general penalty, violation by municipal clerk, penalty, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-80 - Repealed.

History:
1978 Comp., § 3-8-80, enacted by Laws 1985, ch. 208, § 88; 1999, ch. 278, § 25; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-8-80 NMSA 1978, as enacted by Laws 1985, ch. 208, § 88, relating to uniform procedure, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 8 - Municipal Elections (Repealed.) › Section 3-8-81 to 3-8-95 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 244, § 20, effective June 20, 2003, repealed Sections 3-8-81 to 3-8-95 NMSA 1978, relating to early voting. For provisions of former sections,
see
the 2002 NMSA 1978 on the
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-1 - Repealed.

History:
1953 Comp., § 14-8A-2, enacted by Laws 1973, ch. 375, § 2; 1978 Comp., § 3-9-2, recompiled as 1978 Comp., § 3-9-1 by Laws 1985, ch. 208, § 89; 2003, ch. 244, § 13; 2009, ch. 278, § 27; 2015, ch. 145, § 87; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-1 NMSA 1978, as enacted by Laws 1973, ch. 375, § 2, relating to definitions, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-2 - Repealed.

History:
1953 Comp., § 14-8A-1 enacted by Laws 1973, ch. 375, § 1; 1975, ch. 75, § 1; 1978 Comp., § 3-9-1, recompiled as 1978 Comp., § 3-9-3 by Laws 1985, ch. 208, § 91; 1993, ch. 22, § 4; 1999, ch. 278, § 26; 2009, ch. 278, § 29; repealed by Laws 2015, ch. 145, § 101.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 145, § 101 repealed 3-9-2 NMSA 1978, as enacted by Laws 1973, ch. 375, § 4, relating to certain applications constitute registration, effective July 1, 2015. For provisions of the former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-3 - Repealed.

History:
1953 Comp., § 14-8A-1 enacted by Laws 1973, ch. 375, § 1; 1975, ch. 75, § 1; 1978 Comp., § 3-9-1, recompiled as 1978 Comp., § 3-9-3 by Laws 1985, ch. 208, § 91; 1993, ch. 22, § 4; 1999, ch. 278, § 26; 2009, ch. 278, § 29; 2015, ch. 145, § 88; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-3 NMSA 1978, as enacted by Laws 1973, ch. 375, § 1, relating to absentee voting, regular or special municipal elections, right to vote, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-4 - Repealed.

History:
1953 Comp., § 14-8A-3, enacted by Laws 1973, ch. 375, § 3; 1978 Comp., § 3-9-3, recompiled as 1978 Comp., § 3-9-4 by Laws 1985, ch. 208, § 92; 1987, ch. 323, § 25; 1993, ch. 22, § 5; 1999, ch. 278, § 27; 2001, ch. 197, § 10; 2003, ch. 244, § 14; 2009, ch. 278, § 30; 2015, ch. 145, § 89; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-4 NMSA 1978, as enacted by Laws 1973, ch. 375, § 3, relating to absentee ballot application, rejection, acceptance, issuance of absentee ballot, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-5 - Repealed.

History:
1953 Comp., § 14-8A-6, enacted by Laws 1973, ch. 375, § 6; 1978 Comp., § 3-9-6, recompiled as 1978 Comp., § 3-9-5 by Laws 1985, ch. 208, § 93; 1999, ch. 278, § 28; 2001, ch. 105, § 2; 2009, ch. 278, § 32; 2015, ch. 145, § 90; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-5 NMSA 1978, as enacted by Laws 1973, ch. 375, § 6, relating to absentee ballot register, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-6 - Repealed.

History:
1953 Comp., § 14-8A-7, enacted by Laws 1973, ch. 375, § 7; 1978 Comp., § 3-9-7, recompiled as 1978 Comp., § 3-9-6 by Laws 1985, ch. 208, § 94; 1993, ch. 22, § 6; 1995, ch. 98, § 1; 1997, ch. 266, § 19; 1999, ch. 278, § 29; 2009, ch. 278, § 33; 2015, ch. 145, § 91; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-6 NMSA 1978, as enacted by Laws 1973, ch. 375, § 7, relating to form of absentee ballot, form of absentee ballot envelopes, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-7 - Repealed.

History:
1953 Comp., § 14-8A-8, enacted by Laws 1973, ch. 375, § 8; 1978 Comp., § 3-9-8, recompiled as 1978 Comp., § 3-9-7 by Laws 1985, ch. 208, § 95; 1995, ch. 98, § 2; 1995, ch. 200, § 7; 1997, ch. 266, § 20; 1999, ch. 278, § 30; 2003, ch. 244, § 15; 2009, ch. 278, § 34; 2015, ch. 145, § 92; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-7 NMSA 1978, as enacted by Laws 1973, ch. 375, § 8, relating to manner of voting, use of an electronic voting device, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-8 - Repealed.

History:
1953 Comp., § 14-8A-9, enacted by Laws 1973, ch. 375, § 9; 1978 Comp., § 3-9-9, recompiled as 1978 Comp., § 3-9-8 by Laws 1985, ch. 208, § 96; 1999, ch. 278, § 31; 2003, ch. 244, § 16; 2009, ch. 278, § 35; 2015, ch. 145, § 93; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-8 NMSA 1978, as enacted by Laws 1973, ch. 375, § 9, relating to care of absentee ballots, destruction of unused ballots by municipal clerk, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-9 - Repealed.

History:
1953 Comp., § 14-8A-10, enacted by Laws 1973, ch. 375, § 10; 1978 Comp., § 3-9-10, recompiled as 1978 Comp., § 3-9-9 by Laws 1985, ch. 208, § 97; 1995, ch. 200, § 8; 1999, ch. 278, § 32; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-9 NMSA 1978, as enacted by Laws 1973, ch. 375, § 10, relating to absent voter precinct, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-10 - Repealed.

History:
1978 Comp., § 3-9-10, enacted by Laws 1985, ch. 208, § 98; 1995, ch. 200, § 9; 1999, ch. 278, § 33; 2003, ch. 244, § 17; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-10 NMSA 1978, as enacted by Laws 1985, ch. 208, § 98, relating to delivery of absentee ballots to absent voter precinct, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-11 - Repealed.

History:
1978 Comp., § 3-9-11, enacted by Laws 1985, ch. 208, § 99; 1995, ch. 98, §3; 1995, ch. 200, § 10; 2009, ch. 278, § 36; 2015, ch. 145, § 94; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-11 NMSA 1978, as enacted by Laws 1985, ch. 208, § 99, relating to handling absentee ballots by absent voter precinct boards, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-12 - Repealed.

History:
1978 Comp., § 3-9-12, enacted by Laws 1985, ch. 208, § 100; 2009, ch. 278, § 37; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-12 NMSA 1978, as enacted by Laws 1985, ch. 208, § 100, relating to canvass, recount or recheck, disposition, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-13 - Repealed.

History:
1953 Comp., § 14-8A-11, enacted by Laws 1973, ch. 375, § 11; 1978 Comp., § 3-9-11, recompiled as 1978 Comp., § 3-9-13 by Laws 1985, ch. 208, § 101; 1999, ch. 278, § 34; 2003, ch. 244, § 18; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-13 NMSA 1978, as enacted by Laws 1973, ch. 375, § 11, relating to voting in person prohibited, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-13.1 - Repealed.

History:
Laws 2003, ch. 244, § 19; 2009, ch. 278, § 38; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-13.1 NMSA 1978, as enacted by Laws 2003, ch. 244, § 19, relating to absentee ballot, conduct of election, when not timely received, emergency procedure for voting and counting, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 278, § 53 repealed 3-9-14 NMSA 1978, enacted by Laws 1973, ch. 375, § 12, as amended by Laws 1985, ch. 208, § 102, relating to the cancellation of absentee ballots at death, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-15 - Repealed.

History:
1953 Comp., § 14-8A-13, enacted by Laws 1973, ch. 375, § 13; 1978 Comp., § 3-9-13, recompiled as 1978 Comp., § 3-9-15 by Laws 1985, ch. 208, § 103; 1999, ch. 278, § 35; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-15 NMSA 1978, as enacted by Laws 1973, ch. 375, § 13, relating to watchers, challengers, and observers for absent voter precinct, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 9 - Absentee Voting (Repealed.) › Section 3-9-16 - Repealed.

History:
1953 Comp., § 14-8A-14, enacted by Laws 1973, ch. 375, § 14; 1978 Comp., § 3-9-14, recompiled as 1978 Comp., § 3-9-16 by Laws 1985, ch. 208, § 104; 1999, ch. 278, § 36; 2009, ch. 278, § 39; repealed by Laws 2018, ch. 79, § 175.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 79, § 175 repealed 3-9-16 NMSA 1978, as enacted by Laws 1973, ch. 375, § 14, relating to penalties, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 10 - Municipal Officers; Qualifications; Compensation; Removal from Office › Section 3-10-2 - Officers; oath and bond; failure to qualify.

A. Any officer elected or appointed to any municipal office shall take an oath or affirmation to support the constitution of the United States, the constitution and laws of New Mexico and to faithfully perform the duties of his office.
B. For the care and disposition of municipal funds in the employee's custody and for the faithful discharge of the employee's duties, the governing body of the municipality shall require a corporate surety bond from the treasurer, the police officer and any other employee it designates. In lieu of individual corporate surety bonds, the governing body may secure a blanket corporate surety bond. The municipality shall pay for the surety bond.
C. The governing body of any municipality may declare vacated the office of any person who fails, within ten days after he has been notified of his election or appointment to office, to take the oath of office, or to give bond when required.
History:
1953 Comp., § 14-9-2, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For oath of office,
see
N.M. Const., art. XX, § 1.
For bonds of municipal treasurers,
see
6-10-38 NMSA 1978 et seq.
There is no bond required for an elective city council.
1961 Op. Att'y Gen. No. 61-125.
Amount of treasurer's bond.
— Except in cases involving personal sureties, the bond of the municipal treasurer should be in a sum equal to 20% of the public moneys received by such treasurer during the preceding fiscal year, with a maximum of $50,000. 1961 Op. Att'y Gen. No. 61-125.
Bond of city clerk where jobs of clerk and treasurer are combined.
— Since the council may require a bond from a city clerk where the jobs of clerk and treasurer are combined, the council may require a bond from that individual over and above the amount required by statute for his duties as treasurer. In absence of an ordinance requiring a bond for the clerk, however, no additional bonding is required. 1961 Op. Att'y Gen. No. 61-125.
Responsibility of city clerk for office property.
— The city clerk would not be responsible, on the bond, for office property, unless, by stated condition or ordinance provided, the duties and responsibilities of the clerk were made specific. In the absence of such delegation of responsibility, the local governing body or the city council must be looked to for accountability. 1957 Op. Att'y Gen. No. 57-315.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 291 to 293.
Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.
62 C.J.S. Municipal Corporations §§ 357 to 359.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 10 - Municipal Officers; Qualifications; Compensation; Removal from Office › Section 3-10-3 - Noncharter municipalities; governing bodies; compensation.

A noncharter municipality may provide by ordinance for the compensation of the mayor and other individual members of the governing body.
History:
1953 Comp., § 14-9-3, enacted by Laws 1971, ch. 194, § 1; 1995, ch. 119, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 194, § 1, repealed former 14-9-3, 1953 Comp., relating to compensation of municipal officers, and enacted a new section.
The 1995 amendment,
effective June 16, 1995, deleted the former second sentence which read: "Annual compensation paid to the mayor or another member of the governing body shall not exceed the annual compensation paid to a member of the board of county commissioners of the county in which the noncharter municipality is located."
Compensation of city officials could be fixed only by ordinance,
and not by motion.
Ward v. City of Roswell
, 1929-NMSC-074, 34 N.M. 326, 281 P. 28.
Application of salary-fixing provisions of municipal code.
— The salary-fixing provisions of the municipal code has reference only to municipalities organized directly under a code-established plan. 1970 Op. Att'y Gen. No. 70-41.
Officials not to realize salary increase during term.
— Subject to its applicable laws, the governing body of a municipality may enact an ordinance to increase the salary of its members, but members serving during the term in which such an ordinance is enacted cannot benefit from the increase during that term. 1981 Op. Att'y Gen. No. 81-17.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 258 to 268.
62 C.J.S. Municipal Corporations §§ 372 to 390.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 10 - Municipal Officers; Qualifications; Compensation; Removal from Office › Section 3-10-4 - Repealed.

History:
1953 Comp., § 14-9-4.1, enacted by Laws 1977, ch. 78, § 1; repealed by Laws 2011, ch. 138, § 14.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 138, § 14 repealed 3-10-4 NMSA 1978, as enacted by Laws 1977, ch. 78, § 1, relating to financial interests of municipal officers and employees, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 10 - Municipal Officers; Qualifications; Compensation; Removal from Office › Section 3-10-5 - Repealed.

History:
1953 Comp., § 14-9-5, enacted by Laws 1965, ch. 300; repealed by Laws 2011, ch. 138, § 14.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 138, § 14 repealed 3-10-5 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to officers disclosure of interest and disqualified from voting, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 10 - Municipal Officers; Qualifications; Compensation; Removal from Office › Section 3-10-6 - Officers; extra compensation; penalty.

Any mayor or member of the governing body of a municipality who receives payment for services rendered by him, contrary to law, is guilty of a misdemeanor. The fine shall be paid into the general fund of the municipality.
History:
1953 Comp., § 14-9-6, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 10 - Municipal Officers; Qualifications; Compensation; Removal from Office › Section 3-10-8 - Officers; delivery of records.

Any officer who vacates his office shall forthwith deliver to his successor all money, records, property or other things in his charge and belonging to the municipality.
History:
1953 Comp., § 14-9-9, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 11 - Mayor-Council Municipality; Mayor › Section 3-11-1 - Powers of mayor; applicability.

The provisions of Sections 3-11-1 through 3-11-7 NMSA 1978 are applicable only to those municipalities governed under the mayor-council form of government, and which have not elected to be governed under the commission-manager form of government.
History:
1953 Comp., § 14-10-1, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For definition of "mayor",
see
3-1-2 NMSA 1978.
For municipal officers,
see
3-10-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 281.
62 C.J.S. Municipal Corporations § 370.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 11 - Mayor-Council Municipality; Mayor › Section 3-11-2 - Mayor; vacated office; appointment by governing body.

In case of the death, disability, resignation or change of residence, from the municipality, of the mayor, the governing body shall appoint by majority vote a qualified elector to fill the vacancy for the unexpired term of office.
History:
1953 Comp., § 14-10-2, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For election of mayor pro tem by governing body in the absence of the mayor,
see
3-12-3 NMSA 1978.
Office of mayor is not vacant so long as present mayor retains authority
to conduct the affairs of that office. 1969 Op. Att'y Gen. No. 69-106.
The fact that a mayor may have tendered to the city council a prospective resignation
effective at a future date does not compromise or defeat his legal authority to act as mayor until that date. 1969 Op. Att'y Gen. No. 69-106.
When successor to resigning mayor acquires authority.
— Although the city council may choose the successor to a resigning mayor before the effective date of the present mayor's resignation, the successor does not acquire any authority or power by way of that selection and may not assume such power or authority until the office becomes vacant. 1969 Op. Att'y Gen. No. 69-106.
A resigning mayor may not appoint his successor.
1969 Op. Att'y Gen. No. 69-106.
Members of the city council possess the authority to select a resigning mayor's successor.
1969 Op. Att'y Gen. No. 69-106.
Resigning mayor authorized to cast tie-breaking vote.
— Since it is contemplated that the city council's action in selecting a resigning mayor's successor would be taken before the effective date of the former's resignation, the resigning mayor would be authorized to cast a deciding vote in the event of a tie on the choice of a successor. 1969 Op. Att'y Gen. No. 69-106.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 11 - Mayor-Council Municipality; Mayor › Section 3-11-3 - Mayor; presiding officer of governing body; limitation on vote.

The mayor of a municipality is the presiding officer of the governing body. In all municipalities the mayor shall vote only when there is a tie vote.
History:
1953 Comp., § 14-10-3, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Discharge of municipal employee.
— In a mayor-council form of municipal government which has four councilmen and a mayor, who votes only to break a tie vote, where one councilman voted against the discharge of a municipal employee, while two councilmen and the mayor voted in favor of his termination, and one councilman was absent, the vote did not result in a valid discharge, which could only result from three councilmen voting in favor thereof, or a tie vote, broken by the mayor in favor of termination. However, it was not error for the trial court to concede that the vote was improper but nonetheless refuse to grant the equitable relief requested because even if the absent councilman had voted against termination there would have been a tie, which the mayor's vote would have broken.
Abeyta v. Town of Taos
, 499 F.2d 323 (10th Cir. 1974).
A mayor is counted for purposes of a quorum,
but his vote is counted only if there is a tie vote of the councilmen present at a meeting. 1969 Op. Att'y Gen. No. 69-148.
Mayor's voting rights.
. — A mayor always has the right to break a tie vote even when a supermajority vote is required. This opinion letter overrules 1990 Op. Att'y Gen No. 90-02. 2003 Op. Att'y Gen. No. 03-02.
Three-fourths vote requirement.
— If a municipal ordinance requires the vote of three-fourths of the entire membership of the municipal board of trustees to decide a question, the mayor's vote is not counted in the event of tie. 1990 Op. Att'y Gen. No. 90-02, overruled by 2003 Op. Att'y Gen. No. 03-02.
In the case of a municipal zoning ordinance requiring the approval of three of the four trustees on the board of trustees, if only two of the trustees were to vote for a particular action, the mayor does not vote and the action is defeated. 1990 Op. Att'y Gen. No. 90-02, overruled by 2003 Op. Att'y Gen. No. 03-02.
Councilman presiding as mayor pro tem.
— A councilman who is elected to preside over a meeting as mayor pro tem may vote, not as the mayor, who can only vote to break ties, but pursuant to his right to vote as a councilman. 1989 Op. Att'y Gen. No. 89-13.
Tie-breaking vote on choice of resigning mayor's successor.
— A resigning mayor would be authorized to cast a deciding vote in the event of a tie on the choice of a successor. 1969 Op. Att'y Gen. No. 69-106.