N.M. Const. art. X, § 7
The board of county commissioners by unanimous vote may adopt an ordinance to increase the size of the boards of county commissioners to five members. Upon creation of a five-member board, the county shall be divided by the incumbent board of county commissioners into five county commission districts that shall be compact, contiguous and as nearly equal in population as practicable. One county commissioner shall reside within and be elected from each county commission district. Change of residence to a place outside the district from which a county commissioner was elected shall automatically terminate the service of that commissioner and the office shall be declared vacant. (As added November 3, 1992.)
The 1992 amendment, which was proposed by S.J.R. No. 15 (Laws 1992) and adopted at the general election held on November 3, 1992, by a vote of 317,887 for and 151,625 against, rewrote this section. For provisions of former section, see 1992 Replacement Pamphlet.
The 1988 amendment, which was proposed by S.J.R. No. 6, § 1 (Laws 1988) and adopted at the general election held on November 8, 1988, by a vote of 230,390 for and 123,799 against, added Subsections C and D.
The 1980 amendment, which was proposed by H.J.R. No. 4 (Laws 1979) and adopted at the general election held on November 4, 1980, by a vote of 132,542 for and 100,449 against, designated the three paragraphs of the former section as Subsection A and added Subsection B.
The 1973 amendment of Article X, proposed by H.J.R. No. 33 (Laws 1973) and adopted at the special election held on November 6, 1973, by a vote of 20,369 for and 19,865 against, added this section to the article.
Compiler's notes. — An amendment to this section proposed by H.J.R. No. 4 (Laws 1975), which would have allowed voters in certain class B counties to provide for five-member boards of county commissioners to be elected from districts, was submitted to the people at the general election held on November 2, 1976. It was defeated by a vote of 110,893 for and 133,708 against.
Cross references. — For terms of county officers, see N.M. Const., art. X, § 2.
For terms of county officers in counties not covered by this section, see N.M. Const., art. X, § 2.
For tenure of office, see N.M. Const., art. XX, § 2.
For membership and quorum of three or five member boards, see 4-38-2 NMSA 1978.
For election of county commissioners, see 4-38-6 NMSA 1978.
Effect of section. — When this section was added by constitutional amendment, the old § 2 of article X ceased to apply to counties having a population greater than 100,000 and an assessed valuation greater than $75,000,000. Under this section the original offices of county commissioner for two-year terms in affected counties were in effect abolished and new offices of county commissioner with four-year terms were created, notwithstanding that this section does not expressly say that the old offices were abolished and new ones created. Morris v. Gonzales, 1978-NMSC-026, 91 N.M. 495, 576 P.2d 755 (decided prior to 1992 amendment).
Third consecutive term. — A county commissioner who has previously served a two-year term as county commissioner under N.M. Const., art. X, § 2, and one four-year term under this section may serve an additional four-year term under this section. Morris v. Gonzales, 1978-NMSC-026, 91 N.M. 495, 576 P.2d 755 (decided prior to 1992 amendment).
Section is not self-executing. — As counties are but political subdivisions of the state, created by the legislature for the purpose of aiding in the administration of the affairs of the state, they have only such powers as are granted them by the legislature. The board of county commissioners had no power to district; the section is not self-executing; and the power to district rests in the state legislature. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
County commissioner candidates must be nominated at primary election. — As there is no legislative act in the primary election code that provides for the nomination of county commissioner candidates other than through the primary election, except for political parties not eligible to participate in the primary, the candidates for such offices in the general election must be nominated at the primary election. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
Electoral proclamation to specify district boundaries and terms of office. — Mandamus was properly granted to compel the governor to specify in his proclamation the boundaries of the district making up the office of county commissioner and terms of that office. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83.
Reelection in counties increasing board to five members. — If a county increased its board of county commissioners to five members pursuant to former Subsections C and D, a county officer elected to a two-year term in 1988 could seek re-election for a four-year term in 1990 and a four-year term in 1994. 1989 Op. Att'y Gen. No. 89-28 (rendered prior to 1992 amendment).
A county commissioner who has served one term in office under N.M. Const., art. X, § 2, and one term of office under this section may not seek a third consecutive term. 1978 Op. Att'y Gen. No. 78-01. See Morris v. Gonzales, 1978-NMSC-026, 91 N.M. 495, 576 P.2d 755 (decided prior to 1992 amendment).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 147, 148, 189.
20 C.J.S. Counties § 63 et seq.