N.M. Stat. § 10-3-1

Current through 2024, ch. 69

Section 10-3-1 - Circumstances causing vacancy in local office

Any office of a political subdivision of the state subject to election by the qualified electors within the political subdivision becomes vacant under any of the following circumstances:

A. by resignation or death of the party in office;

B. removal of the officer as provided by Sections 10-4-1 through 10-4-29 NMSA 1978;

C. failure of the officer to qualify as provided by law;

D. expiration of the term of office when no successor has been chosen as provided by law;

E. when the officer removes from the area from which the officer was elected to represent and, in case of an officer serving pursuant to an appointment, when the officer removes from the area the officer was appointed to represent;

F. absence from the political subdivision in which the officer serves for six consecutive months; but this provision does not apply to those officers wherein the law provides that the duties may be discharged by a deputy, when such absence is due to illness or other unavoidable cause;

G. by an officer accepting and undertaking an employment relationship with the political subdivision in which the officer serves in a position subject to election; or

H. by an officer taking the oath of office or undertaking to discharge the duties of another incompatible office.

NMS § 10-3-1

Laws 1909, ch. 36, § 3; Code 1915, § 3956; C.S. 1929, § 96-107; 1941 Comp., § 10-301; 1953 Comp., § 5-3-1.

Amended by 2019, c. 212,s. 211, eff. 4/3/2019.

Amended by 2018, c. 79,s. 81, eff. 7/1/2018.