A. The elective officers of a municipality having a mayor-council form of government are:

(1) one mayor;

(2) the members of the governing body; and

(3) a municipal judge.

B. The elective officers of a municipality having a commission-manager form of government are:

(1) five commissioners; and

(2) a municipal judge.

C. Notwithstanding the provisions of Subsection A of this section, a municipality with a population of five hundred persons or less in the last federal decennial census shall not have a municipal judge if it adopts an effective ordinance in accordance with the provisions of Subsection B of Section 35-14-1 NMSA 1978.

D. In every noncharter municipality, except those noncharter municipalities having a commission-manager form of government or electing members of the governing body from districts, the terms of office for the mayor and members of the governing body shall be four years. The term of office for members of the governing body shall be staggered so that the terms of office for one-half of the members of the governing body will expire every two years.

E. Any elected municipal official whose term of office has expired shall continue in that office until a successor is elected and has taken office pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].

History: 1953 Comp., § 14-9-1, enacted by Laws 1965, ch. 300; 1984, ch. 30, § 1; 1985, ch. 208, § 105; 2018, ch. 79, § 51.

Cross references. — For definition of "mayor", see 3-1-2 NMSA 1978.

For Tort Claims Act, see 41-4-1 NMSA 1978.

The 2018 amendment, effective July 1, 2018, removed a reference to the repealed Municipal Election Code; and in Subsection E, after "pursuant to the provisions of", deleted "Municipal Election Code" and added "Local Election Act".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 added "term of office" in the section heading and added Subsections C, D, and E.

The 1984 amendment added Subsection C.

Section inapplicable to home rule municipality. — This section is not applicable to a home rule municipality to deny it the power to provide for a different number of city commissioners than otherwise proscribed because the composition of a municipal government is a matter of local, not statewide concern, and to construe otherwise would frustrate the purpose of the home rule amendment, N.M. Const., art. X, § 6. State ex rel. Haynes v. Bonem, 1992-NMSC-062, 114 N.M. 627, 845 P.2d 150.

Law reviews. — For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M.L. Rev. 249 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 231 to 268.

62 C.J.S. Municipal Corporations § 330.