Constitution of New Mexico (2025 publisher edition) — ARTICLE X

Publisher edition notice: This collection preserves the complete Secretary of State's 2025 compilation, identifying amendments through 2024, including the publisher's source notes and annotations. Later amendments have not been independently verified.

ARTICLE X

ARTICLE X County and Municipal Corporations Sec. 1. Classification of counties; salaries and fees of county officers. 2. Terms of county officers. 3. Removal of county seats. 4. Combined city and county corporations. 5. Incorporated counties. 6. Municipal home rule. 7. Five- member boards of county commis- sioners. 8. New activity or service mandated by state rule or regulation.

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124© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations Sec. 9. Recall of elected county officials. 10. Urban counties. 11. Single urban governments. Sec. 1. [Classification of counties; salaries and fees of county officers.] The legislature shall classify the counties of the state. No county officer shall receive any fees or emoluments other than an an- nual salary, as established by the board of county commissioners. All fees collected by a county official shall be paid into the treasury of the county. (As amended No- vember 5, 2024.) Sec. 2. [Terms of county officers.] A. In every county all elected officials shall serve four-year terms, subject to the provisions of Subsection B of this section. B. In those counties that prior to 1992 have not had four-year terms for elected officials, the assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk shall be elected to two- year terms in the first election fol- lowing the adoption of this amendment.

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125© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations In subsequent elections, the treasurer and clerk shall be elected to four-year terms. C. To provide for staggered county commission terms, in counties with three county commissioners, the terms of no more than two commissioners shall expire in the same year; and in counties with five county commissioners, the terms of no more than three commissioners shall expire in the same year. D. All county officers, after having served two consecutive four-year terms, shall be ineligible to hold any county of- fice for two years thereafter. (As amended, November 3, 1914, November 3, 1993 and November 3, 1998.) Sec. 3. [Removal of county seats.] No county seat, where there are county buildings, shall be removed unless three- fifths of the votes cast by qualified electors on the question of removal at an election called and held as now or hereafter pro- vided by law, be in favor of such removal. The proposition of removal shall not be submitted in the same county oftener than once in eight years.

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126© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations Sec. 4. [Combined city and county corporations.] A. The legislature shall, by general law, provide for the formation of combined city and county municipal corporations, and for the manner of determining the territorial limits thereof, each of which shall be known as a "city and county," and, when organized, shall contain a population of at least fifty thousand (50,000) inhabitants. No such city and county shall be formed except by a ma- jority vote of the qualified electors of the area proposed to be included therein, and if the proposed area includes any area not within the existing limits of a city, a major- ity of those electors living outside the city, voting separately shall be required. Any such city and county shall be permitted to frame a charter for its own government, and amend the same, in the manner provided by the legislature by general law for the forma- tion and organization of such corporations. B. Every such charter shall designate the respective officers of such city and county who shall perform the duties im- posed by law upon county officers and shall make provisions for the payment of existing city and county indebtedness as hereinafter

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127© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations required. The officers of a city and county, their compensation, qualifications, term of office and manner of election or appoint- ment, shall be as provided for in its char- ter, subject to general laws and applicable constitutional provisions. The salary of any elective or appointive officer of a city and county shall not be changed after his elec- tion or appointment or during his term of office; nor shall the term of any such officer be extended beyond the period for which he is elected or appointed. Every such city and county shall have and enjoy all rights, powers and privileges asserted in its charter not inconsistent with its general laws, and, in addition thereto, such rights, powers and privileges as may be granted to it, or pos- sessed and enjoyed by cities and counties of like population separately organized. C. No city or county government exist- ing outside the territorial limits of such city and county shall exercise any police, tax- ation or other powers within the territorial limits of such city and county, but all such powers shall be exercised by the city and county and the officers thereof, subject to such constitutional provisions and general laws as apply to either cities or counties.

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128© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations D. In case an existing county is divided in the formation of city and county govern- ment, such city and county shall be liable for a just proportion of the existing debts or liabilities of the former county and shall account for and pay the county remaining a just proportion of the value of any real estate or other property owned by the for- mer county and taken over by the city and county government, the method of deter- mining such proportion shall be prescribed by general law, but such division shall not affect the rights of creditors. E. Nothing herein contained shall be construed to alter or amend the existing constitutional provisions regarding ap- portionment of representation in the leg- islature or in the boundaries of legislative districts or judicial districts, nor the juris- diction or organization of the district or probate courts. (As added September 20, 1949.) Sec. 5. [Incorporated counties.] Any county at the time of the adoption of this amendment, which is less than one hundred forty- four square miles in area and has a population of ten thousand or more

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129© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations may become an incorporated county by the following procedure: A. upon the filing of a petition contain- ing the signatures of at least ten percent of the registered voters in the county, the board of county commissioners shall appoint a charter commission consisting of not less than three persons to draft an incorporated county charter; or B. the board of county commission- ers may, upon its own initiative, appoint a charter commission consisting of not less than three persons to draft an incorporated county charter; and C. the proposed charter drafted by the charter commission shall be submitted to the qualified voters of the county within one year after the appointment of the com- mission and if adopted by a majority of the qualified voters voting in the election the county shall become an incorporated county. The charter of an incorporated county shall provide for the form and organization of the incorporated county government and shall designate those officers which shall be elected, and those officers and employees which shall perform the duties assigned by law to county officers.

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130© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations An incorporated county may exercise all powers and shall be subject to all limita- tions granted to municipalities by Article 9, Section 12 of the constitution of New Mex- ico and all powers granted to municipalities by statute. A charter of an incorporated county shall be amended in accordance with the provi- sions of the charter. Nothing herein contained shall be con- strued to alter or amend the existing con- stitutional provisions regarding apportion- ment of representation in the legislature or in the boundaries of legislative districts or judicial districts, nor the jurisdiction or or- ganization of the district or probate courts. The provisions of this amendment shall be self- executing. (As added November 3, 1964.) Sec. 6. [Municipal home rule.] A. For the purpose of electing some or all of the members of the governing body of a municipality: (1) the legislature may authorize a mu- nicipality by general law to be districted; (2) if districts have not been established as authorized by law, the governing body of

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131© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations a municipality may, by resolution, autho- rize the districting of the municipality. The resolution shall not become effective in the municipality until approved by a majority vote in the municipality; and (3) if districts have not been established as authorized by law or by resolution, the voters of a municipality, by a petition which is signed by not less than five per- cent of the registered qualified electors of the municipality and which specified the number of members of the governing body to be elected from districts, may require the governing body to submit to the regis- tered qualified electors of the municipality, at the next regular municipal election held not less than sixty days after the petition is filed, a resolution requiring the districting of the municipality by its governing body. The resolution shall not become effective in the municipality until approved by a major- ity vote in the municipality. The signatures for a petition shall be collected within a six- months period. B. Any member of the governing body of a municipality representing a district shall be a resident of, and elected by, the registered qualified electors of that district.

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132© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations C. The registered qualified electors of a municipality may adopt, amend or repeal a charter in the manner provided by law. In the absence of law, the governing body of a mu- nicipality may appoint a charter commission upon its own initiative or shall appoint a char- ter commission upon the filing of a petition containing the signatures of at least five per- cent of the registered qualified electors of the municipality. The charter commission shall consist of not less than seven members who shall draft a proposed charter. The proposed charter shall be submitted to the registered qualified electors of the municipality within one year after the appointment of the charter commission. If the charter is approved by a majority vote in the municipality, it shall be- come effective at the time and in the manner provided in the charter. D. A municipality which adopts a char- ter may exercise all legislative powers and perform all functions not expressly denied by general law or charter. This grant of pow- ers shall not include the power to enact pri- vate or civil laws governing civil relation- ships except as incident to the exercise of an independent municipal power, nor shall it include the power to provide for a pen- alty greater than the penalty provided for a

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133© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations petty misdemeanor. No tax imposed by the governing body of a charter municipality, except a tax authorized by general law, shall become effective until approved by a major- ity vote in the charter municipality. E. The purpose of this section is to pro- vide for maximum local self-government. A liberal construction shall be given to the powers of municipalities. (As added No- vember 3, 1970.) Sec. 7. [Five- member boards of county commissioners.] 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 cre- ation 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 popula- tion as practicable. One county commis- sioner 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

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134© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations the service of that commissioner and the office shall be declared vacant. (As added November 3, 1992.) Sec. 8. [New activity or service mandated by state rule or regulation.] A state rule or regulation mandating any county or city to engage in any new activity, to provide any new service or to increase any current level of activity or to provide any service beyond that required by ex- isting law, shall not have the force of law, unless, or until, the state provides sufficient new funding or a means of new funding to the county or city to pay the cost of per- forming the mandated activity or service for the period of time during which the activity or service is required to be performed. (As added November 6, 1984.) Sec. 9. [Recall of elected county officials.] A. An elected official of a county is subject to recall by the voters of the county. Subject to the provisions of Subsection B of this section, a petition for a recall election shall cite grounds of malfeasance or misfea- sance in office or violation of the oath of

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135© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations office by the official concerned. The cited grounds shall be based upon acts or failures to act occurring during the current term of the official sought to be recalled. The recall petition shall be signed by registered voters: (1) of the county if the official sought to be recalled was elected at-large; or (2) of the district from which the offi- cial sought to be recalled was elected; and (3) not less in number than thirty-three and one- third percent of the number of per- sons who voted in the election for the of- fice in the last preceding general election at which the office was voted upon. B. Prior to and as a condition of cir- culating a petition for recall pursuant to the provisions of Subsection A of this sec- tion, the factual allegations supporting the grounds of malfeasance or misfeasance in office or violation of the oath of office stated in the petition shall be presented to the dis- trict court for the county in which the recall is proposed to be conducted. The petition shall not be circulated unless, after a hearing in which the proponents of the recall effort and the official sought to be recalled are given an opportunity to present evidence, the district court determines that probable cause exists for the grounds for recall.

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136© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations C. After the requirements of Subsec- tion B of this section are fulfilled, the pe- tition shall be circulated and filed with the county clerk for verification of the signa- tures, as to both number and qualifications of the persons signing. If the county clerk verifies that the requisite number of signa- tures of registered voters appears on the pe- tition, the question of recall of the official shall be placed on the ballot for a special election to be called and held within ninety days or the next occurring general election if that election is to be held within less than ninety days. If at the election a majority of the votes cast on the question of recall is in favor of recall, the official who is the subject of recall is recalled from the office, and a vacancy exists. That vacancy shall be filled in the manner provided by law for fill- ing vacancies for that office. D. A recall election shall not be con- ducted after May 1 in a calendar year in which an election is to be held for the office for which the recall is sought if the official sought to be recalled is a candidate for re- election to the office. No petition for recall of an elected county official shall be sub- mitted more than once during the term for

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137© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations which the official is elected. (As added No- vember 5, 1996.) Sec. 10. [Urban counties.] A. A county that is less than one thou- sand five hundred square miles in area and has a population of three hundred thousand or more may become an urban county by the following procedure: (1) the board of county commissioners shall appoint a charter commission consist- ing of not less than three persons to draft a proposed urban county charter; (2) the proposed charter shall provide for the form and organization of the urban county government and shall designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county offi- cers; and (3) within one year after the appoint- ment of the charter commission, the pro- posed charter shall be submitted to the qualified voters of the county and, if ad- opted by a majority of those voting, the county shall become an urban county. If, at the election or any subsequent election, the proposed charter is not adopted, then, after

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138© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations at least one year has elapsed after the elec- tion, pursuant to this section another charter commission may be appointed and another proposed charter may be submitted to the qualified voters for approval or disapproval. B. An urban county may exercise all leg- islative powers and perform all governmental functions not expressly denied by general law or charter and may exercise all powers granted to and shall be subject to all limitations placed on municipalities by Article 9, Section 12 of the constitution of New Mexico. This grant of powers shall not include the power to enact private or civil laws except as incident to the exercise of an independent municipal power, nor shall it include the power to provide for a penalty greater than the penalty provided for a misdemeanor. No tax imposed by the governing body of an urban county, except a tax authorized by general law, shall become effective until approved by a majority vote in the urban county. C. A charter of an urban county shall only be amended in accordance with the provisions of the charter. D. If the charter of an urban county provides for a governing body composed of members elected by districts, a member representing a district shall be a resident

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139© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations and elected by the registered qualified elec- tors of that district. E. The purpose of this section is to pro- vide for maximum local self-government. A liberal construction shall be given to the powers of urban counties. F. The provisions of this section shall be self- executing. (As added November 7, 2000; as amended November 4, 2014.) Sec. 11. [Single urban governments.] A. A county that is less than one thou- sand five hundred square miles in area and has, at the time of this amendment, a pop- ulation of three hundred thousand or more, and whether or not it is an urban county pursuant to Section 1 of this amendment, may provide for a single urban government by the following procedure: (1) by January 1, 2003, a charter com- mission, composed of eleven members, shall be appointed to draft a proposed charter. Five members shall be appointed by the governing body of the county, five members shall be appointed by the munic- ipality with a population greater than three hundred thousand and one member shall be appointed by the other ten members;

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140© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations (2) the proposed charter shall: (a) provide for the form and organiza- tion of the single urban government; (b) designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county officers; (c) provide for a transition period for elected county and city officials whose terms have not expired on the effective date of the charter; and (d) provide for a transition period, no less than one year, to ensure the continua- tion of government services; and (3) within one year after the appoint- ment of the charter commission, the pro- posed charter shall be submitted to the qualified voters and, if adopted by a major- ity of those voters, the municipalities in that county with a population greater than ten thousand shall be disincorporated and the county shall be governed by a single urban government. If the proposed charter is not adopted by a majority of the qualified vot- ers, then another charter commission shall be appointed and another election, within twelve months of the previous election, shall be held. If the proposed charter is not adopted by a majority of the qualified voters

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141© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations at the second or any subsequent election, then after at least two years have elapsed af- ter the election, pursuant to this section an- other charter commission may be appointed and another proposed charter may be sub- mitted to the qualified voters for approval or disapproval. As used in this paragraph, "qualified voter" means a registered voter of the county. B. Upon the adoption of a charter pursuant to Subsection A of this section, any municipality within the county with a population greater than ten thousand is dis- incorporated and no future municipalities shall be incorporated. A county that adopts a charter pursuant to this section may ex- ercise those powers granted to urban coun- ties by Section 1 of this amendment and is subject to the limitations imposed upon urban counties by that section. A county that adopts a charter pursuant to this sec- tion has the same power to enact taxes as any other county and as any municipality had before being disincorporated pursuant to this section. C. A municipality, with a population of ten thousand or less, in a county that has ad- opted a charter pursuant to this section may become a part of the single urban govern-

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142© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article X – County and Municipal Corporations ment by a vote of a majority of the qualified voters within the municipality voting in an election held upon the filing of a petition containing the signatures of ten percent of the registered voters of that municipality. If a majority of the voters elect to become a part of the single urban government, then the municipality is disincorporated. D. All property, debts, employees, re- cords and contracts of a municipality dis- incorporated pursuant to this section shall be transferred to the county and become the property, debts, employees, records and contracts of the county. The rights of a mu- nicipality, disincorporated pursuant to this section, to receive taxes, fees, distributions or any other thing of value shall be trans- ferred to the county. Any law granting any power or authorizing any distribution to a municipality disincorporated pursuant to this section shall be interpreted as granting the power or authorizing the distribution to the county. E. The provisions of this section shall be self- executing. (As added November 7, 2000.)

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143© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XI – Corporations Other Than Municipal