NEW MEXICO CONSTITUTION
ARTICLE X
THE PENITENTIARY AND PRISONS
Art. X §1 | CLASSIFICATION OF COUNTIES; SALARIES AND FEES OF COUNTY OFFICERS
Art. X §2 | TERMS OF COUNTY OFFICERS
B. In those counties that prior to 1992 have not had four-year terms for elected officials, the assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk shall be elected to two-year terms in the first election following the adoption of this amendment. In subsequent elections, the treasurer and clerk shall be elected to four-year terms.
C. To provide for staggered county commission terms, in counties with three county commissioners, the terms of no more than two commissioners shall expire in the same year; and in counties with five county commissioners, the terms of no more than three commissioners shall expire in the same year.
D. All county officers, after having served two consecutive four-year terms, shall be ineligible to hold any county office for two years thereafter.
Art. X §3 | REMOVAL OF COUNTY SEATS
Art. X §4 | COMBINED CITY AND COUNTY CORPORATIONS
B. Every such charter shall designate the respective officers of such city and county who shall perform the duties imposed by law upon county officers and shall make provisions for the payment of existing city and county indebtedness as hereinafter required. The officers of a city and county, their compensation, qualifications, term of office and manner of election or appointment, shall be as provided for in its charter, subject to general laws and applicable constitutional provisions. The salary of any elective or appointive officer of a city and county shall not be changed after his election or appointment or during his term of office; nor shall the term of any such officer be extended beyond the period for which he is elected or appointed. Every such city and county shall have and enjoy all rights, powers and privileges asserted in its charter not inconsistent with its general laws, and, in addition thereto, such rights, powers and privileges as may be granted to it, or possessed and enjoyed by cities and counties of like population separately organized.
C. No city or county government existing outside the territorial limits of such city and county shall exercise any police, taxation or other powers within the territorial limits of such city and county, but all such powers shall be exercised by the city and county and the officers thereof, subject to such constitutional provisions and general laws as apply to either cities or counties.
D. In case an existing county is divided in the formation of city and county government, such city and county shall be liable for a just proportion of the existing debts or liabilities of the former county and shall account for and pay the county remaining a just proportion of the value of any real estate or other property owned by the former county and taken over by the city and county government, the method of determining such proportion shall be prescribed by general law, but such division shall not affect the rights of creditors.
E. Nothing herein contained shall be construed to alter or amend the existing constitutional provisions regarding apportionment of representation in the legislature or in the boundaries of legislative districts or judicial districts, nor the jurisdiction or organization of the district or probate courts.
Art. X §5 | INCORPORATED COUNTIES
B. the board of county commissioners may, upon its own initiative, appoint a charter commission consisting of not less than three persons to draft an incorporated county charter; and
C. the proposed charter drafted by the charter commission shall be submitted to the qualified voters of the county within one year after the appointment of the commission and if adopted by a majority of the qualified voters voting in the election the county shall become an incorporated county.
An incorporated county may exercise all powers and shall be subject to all limitations granted to municipalities by Article 9, Section 12 of the constitution of New Mexico and all powers granted to municipalities by statute.
A charter of an incorporated county shall be amended in accordance with the provisions of the charter.
Nothing herein contained shall be construed to alter or amend the existing constitutional provisions regarding apportionment of representation in the legislature or in the boundaries of legislative districts or judicial districts, nor the jurisdiction or organization of the district or probate courts.
The provisions of this amendment shall be self-executing.
Art. X §6 | MUNICIPAL HOME RULE
(2) if districts have not been established as authorized by law, the governing body of a municipality may, by resolution, authorize the districting of the municipality. The resolution shall not become effective in the municipality until approved by a majority vote in the municipality; and
(3) if districts have not been established as authorized by law or by resolution, the voters of a municipality, by a petition which is signed by not less than five percent of the registered qualified electors of the municipality and which specified the number of members of the governing body to be elected from districts, may require the governing body to submit to the registered qualified electors of the municipality, at the next regular municipal election held not less than sixty days after the petition is filed, a resolution requiring the districting of the municipality by its governing body.
B. Any member of the governing body of a municipality representing a district shall be a resident of, and elected by, the registered qualified electors of that district.
C. The registered qualified electors of a municipality may adopt, amend or repeal a charter in the manner provided by law. In the absence of law, the governing body of a municipality may appoint a charter commission upon its own initiative or shall appoint a charter commission upon the filing of a petition containing the signatures of at least five percent of the registered qualified electors of the municipality. The charter commission shall consist of not less than seven members who shall draft a proposed charter. The proposed charter shall be submitted to the registered qualified electors of the municipality within one year after the appointment of the charter commission. If the charter is approved by a majority vote in the municipality, it shall become effective at the time and in the manner provided in the charter.
D. A municipality which adopts a charter may exercise all legislative powers and perform all functions not expressly denied by general law or charter. This grant of powers shall not include the power to enact private or civil laws governing civil relationships except as incident to the exercise of an independent municipal power, nor shall it include the power to provide for a penalty greater than the penalty provided for a petty misdemeanor. No tax imposed by the governing body of a charter municipality, except a tax authorized by general law, shall become effective until approved by a majority vote in the charter municipality.
E. The purpose of this section is to provide for maximum local self-government.
A liberal construction shall be given to the powers of municipalities.
Art. X §7 | FIVE-MEMBER BOARDS OF COUNTY COMMISSIONERS
Art. X §8 | NEW ACTIVITY OR SERVICE MANDATED BY STATE RULE OR REGULATION
Art. X §9 | RECALL OF ELECTED COUNTY OFFICIALS
(2) of the district from which the official sought to be recalled was elected; and
(3) not less in number than thirty-three and one-third percent of the number of persons who voted in the election for the office in the last preceding general election at which the office was voted upon.
C. After the requirements of Subsection B of this section are fulfilled, the petition shall be circulated and filed with the county clerk for verification of the signatures, as to both number and qualifications of the persons signing. If the county clerk verifies that the requisite number of signatures of registered voters appears on the petition, the question of recall of the official shall be placed on the ballot for a special election to be called and held within ninety days or the next occurring general election if that election is to be held within less than ninety days. If at the election a majority of the votes cast on the question of recall is in favor of recall, the official who is the subject of recall is recalled from the office, and a vacancy exists. That vacancy shall be filled in the manner provided by law for filling vacancies for that office.
D. A recall election shall not be conducted after May 1 in a calendar year in which an election is to be held for the office for which the recall is sought if the official sought to be recalled is a candidate for reelection to the office. No petition for recall of an elected county official shall be submitted more than once during the term for which the official is elected.
Art. X §10 | URBAN COUNTIES
(2) the proposed charter shall provide for the form and organization of the urban county government and shall designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county officers; and
(3) within one year after the appointment of the charter commission, the proposed charter shall be submitted to the qualified voters of the county and, if adopted by a majority of those voting, the county shall become an urban county. If, at the election or any subsequent election, the proposed charter is not adopted, then, after at least one year has elapsed after the election, pursuant to this section another charter commission may be appointed and another proposed charter may be submitted to the qualified voters for approval or disapproval.
C. A charter of an urban county shall only be amended in accordance with the provisions of the charter.
D. If the charter of an urban county provides for a governing body composed of members elected by districts, a member representing a district shall be a resident and elected by the registered qualified electors of that district.
E. The purpose of this section is to provide for maximum local self-government.
A liberal construction shall be given to the powers of urban counties.
F. The provisions of this section shall be self-executing.
Art. X §11 | SINGLE URBAN GOVERNMENTS
(2) the proposed charter shall:
(b) designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county officers;
(c) provide for a transition period for elected county and city officials whose terms have not expired on the effective date of the charter; and
(d) provide for a transition period, no less than one year, to ensure the continuation of government services; and
C. A municipality, with a population of ten thousand or less, in a county that has adopted a charter pursuant to this section may become a part of the single urban govern ment by a vote of a majority of the qualified voters within the municipality voting in an election held upon the filing of a petition containing the signatures of ten percent of the registered voters of that municipality. If a majority of the voters elect to become a part of the single urban government, then the municipality is disincorporated.
D. All property, debts, employees, records and contracts of a municipality disincorporated pursuant to this section shall be transferred to the county and become the property, debts, employees, records and contracts of the county. The rights of a municipality, disincorporated pursuant to this section, to receive taxes, fees, distributions or any other thing of value shall be transferred to the county. Any law granting any power or authorizing any distribution to a municipality disincorporated pursuant to this section shall be interpreted as granting the power or authorizing the distribution to the county.
E. The provisions of this section shall be self-executing.
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