In case of the death, disability, resignation or change of residence from the municipality of the mayor, the governing body shall appoint a qualified elector to fill the vacancy of the office of the mayor by a majority vote of the members of the governing body that are present; provided that:

1. A. the governing body shall vote at the next meeting immediately following the vacancy to fill the vacancy if the vacancy has not been filled within fifteen days after the vacancy occurred; and provided further that so long as the vacancy remains unfilled, the item shall be included on each subsequent governing body meeting agenda until the vacancy is filled;
2. B. the qualified elector appointed to fill the vacancy shall serve until the next regular local election or municipal officer election, whichever is applicable, when a qualified elector shall be elected to fill the remaining unexpired term, if any; and
3. C. a resigning mayor shall not select a nominee or be involved in the appointment of a successor to fill a vacancy in the office of mayor.

History: 1953 Comp., § 14-10-2, enacted by Laws 1965, ch. 300; 1978 Comp., § 3-11-2, 2025, ch. 40, § 2.

ANNOTATIONS

Cross references. — For election of mayor pro tem by governing body in the absence of the mayor, see 3-12-3 NMSA 1978.

The 2025 amendment, effective June 20, 2025, revised the procedures for filling a mayoral vacancy, and specified that any appointed mayor serves until the next regular election; in the introductory paragraph, after "shall appoint" deleted "by majority vote" and after "fill the vacancy" deleted "for the unexpired term of office" and added "of the office of the mayor by a majority vote of the members of the governing body that are present; provided that:"; and added Subsections A through C.

Office of mayor is not vacant so long as present mayor retains authority to conduct the affairs of that office. 1969 Op. Att'y Gen. No. 69-106.

The fact that a mayor may have tendered to the city council a prospective resignation effective at a future date does not compromise or defeat his legal authority to act as mayor until that date. 1969 Op. Att'y Gen. No. 69-106.

When successor to resigning mayor acquires authority. — Although the city council may choose the successor to a resigning mayor before the effective date of the present mayor's resignation, the successor does not acquire any authority or power by way of that selection and may not assume such power or authority until the office becomes vacant. 1969 Op. Att'y Gen. No. 69-106.

A resigning mayor may not appoint his successor. 1969 Op. Att'y Gen. No. 69-106.

Members of the city council possess the authority to select a resigning mayor's successor. 1969 Op. Att'y Gen. No. 69-106.

Resigning mayor authorized to cast tie-breaking vote. — Since it is contemplated that the city council's action in selecting a resigning mayor's successor would be taken before the effective date of the former's resignation, the resigning mayor would be authorized to cast a deciding vote in the event of a tie on the choice of a successor. 1969 Op. Att'y Gen. No. 69-106.