Each house shall be the judge of the election and qualifications of its own members. A majority of either house shall constitute a quorum to do business, but a less number may effect a temporary organization, adjourn from day to day and compel the attendance of absent members.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. III, §§ 9, 10.

Iowa Const., art. III, §§ 7, 8.

Montana Const., art. V, § 10.

Utah Const., art. VI, §§ 10, 11.

Wyoming Const., art. III, §§ 10, 11.

Only legislature is judge of qualifications of its members. 1961 Op. Att'y Gen. No. 61-131.

Legislature judge of seating qualifications of elected candidates. — Once a candidate has been elected, the legislature then is the sole judge as to his qualifications for seating, and the courts will not take jurisdiction in such a matter as it is a legislative problem. 1956 Op. Att'y Gen. No. 56-6400.

Unless and until the house of representatives refuses to seat a member who, since his election, has been convicted of a felony, the member will continue to occupy his office and no vacancy exists. 1961 Op. Att'y Gen. No. 61-131.

Only the legislature can determine the qualifications of its own members and hence, only the legislature can determine whether public school teachers are qualified to serve. 1975 Op. Att'y Gen. No. 75-21.

Final determination of vacancy for legislature. — The final determination of the eligibility of individuals for legislative office is within the exclusive power of the particular legislative body itself to rule upon; this authority also extends to determining whether or not a vacancy has occurred in the legislature for which a replacement may be seated. 1961 Op. Att'y Gen. No. 61-119.

In any instance wherein a question of procedure arises as to the action of the board of county commissioners in making a determination of the fact of vacancy in a legislative office, or in certifying or in evidencing the action taken by such county commission, the ultimate authority to decide such issue rests solely in the particular branch of the legislature wherein the vacancy is alleged to have occurred. 1961 Op. Att'y Gen. No. 61-119.

When membership begins. — A person who has been elected to the legislature, but who has not qualified, is not a member of that body for purposes of the constitutional prohibition against being appointed to any other civil office. 1962 Op. Att'y Gen. No. 62-145.

A person who was elected to the New Mexico legislature for the first time at the general election in November of 1962 is not a member of the legislature prior to being seated at the session to be convened in January, 1963. 1962 Op. Att'y Gen. No. 62-145.

Advice of attorney general. — Although only the legislature can determine the qualifications of its own members, this does not mean that the attorney general cannot or should not opine and advise the legislature what is legal in our constitutional system, so that the members of each house may be better informed when exercising its constitutional role of judging the election and qualifications of its members. 1988 Op. Att'y Gen. No. 88-20.

Law reviews. — For comment, "The Rise and Demise of the New Mexico Environmental Quality Act, 'Little Nepa' " see 14 Nat. Resources J. 401 (1974).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories and Dependencies §§ 37, 44, 58.

Jurisdiction of courts to determine election or qualifications of member of legislative body, and conclusiveness of its decision, as affected by constitutional or statutory provision making legislative body the judge of election and qualification of its own members, 107 A.L.R. 205.

81A C.J.S. States §§ 41, 44, 50, 51.