A. Within ten days of the verification of a petition submitted to the municipal clerk and signed by thirty percent of the qualified electors of the municipality, the commission shall adopt an election resolution calling for the holding of a special election to vote on the question of abandoning the commission-manager form of government. The election shall be held in June or July in odd-numbered years or July or August in even-numbered years in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
B. If a majority of the votes cast at the special election favors abandonment of the commission-manager form of government, the form of government reverts to that form of government existing immediately preceding the adoption of the commission-manager form of government after the election and taking office of the new officers and the commission shall adopt an election resolution calling for the holding of an election to elect new officers, which shall be held at the first regular local or general election following adoption of the resolution.
C. The election shall be held in the same manner as regular local elections are held as provided in the Local Election Act. The mayor and one-half of the members of the governing body shall hold office until the next regular local election and the remaining one-half of the members of the governing body shall hold office until the succeeding regular local election. The terms of the members of the governing body shall be determined by lot after their election.
D. No election shall be held upon the question of abandoning the commission-manager form of government within two years after an election has been held adopting the commission-manager form of government or confirming its continued existence.
History: 1953 Comp., § 14-13-19, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 115; 2018, ch. 79, § 58.
The 2018 amendment, effective July 1, 2018, changed when the commission must hold an election for the purpose of voting on the question of abandoning the commission-manager form of government after verification of a petition submitted by thirty percent of the qualified electors of the municipality or after a majority of votes cast in a special election favors abandonment of the commission-manager form of government, and made technical changes; in Subsection A, after "holding of a special election", deleted "within ninety days of verification", and added the last sentence; in Subsection B, after "new officers and the commission shall", deleted "within ten days after the filing of the certificate of canvass in the minute book", after "calling for the holding of", deleted "a special" and added "an", after "election", deleted "within one hundred twenty days of such filing", and after "elect new officers", added "which shall be held at the first regular local or general election following adoption of the resolution"; and in Subsection C, after each occurrence of "regular", deleted "municipal" and added "local", and after "held as provided in the", deleted "Municipal Election Code" and added "Local Election Act".
Temporary provisions. — 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 substituted "Within ten days of the verification of a petition submitted to the municipal clerk and" for "Upon petition" at the beginning and substituted "shall adopt an election resolution calling for the holding of a special election within ninety days of verification" for "shall call for a special election" near the end of Subsection A, substituted "and taking office" for "and qualifications" and "within ten days after the filing of the certificate of canvass in the minute book adopt an election resolution calling" for "immediately provide" and inserted "within one hundred twenty days of such filing" preceding "to elect new officers" near the end of Subsection B, and inserted "as provided in the Municipal Election Code" at the end of the first sentence in Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 184.
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