Any vacancy on the governing body of a mayor-council municipality shall be filled by appointment of a qualified elector by the mayor of the municipality, with the advice and consent of the governing body. Any qualified elector appointed to fill a vacancy on the governing body shall serve until the next regular local election, at which time a qualified elector shall be elected to fill the remaining unexpired term, if any.
History: 1953 Comp., § 14-11-1, enacted by Laws 1965, ch. 300; 1973, ch. 129, § 1; 1985, ch. 208, § 107; 2018, ch. 79, § 53.
ANNOTATIONSThe 2018 amendment, effective July 1, 2018, removed a provision giving mayors the authority to call special elections for the purpose of filling a vacancy on the governing body of a mayor-council municipality; deleted subsection designation "A." and in former Subsection A, deleted "Except as provided in Subsection B of this section", after "next regular", deleted "municipal" and added "local", and after "election", deleted "or any special election called in accordance with Subsection B of this section"; and deleted former Subsection B, which related to special elections called for the purpose of filling vacancies on a governing body.
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 added the second sentence in Subsection B.
Advice and consent required. — The power to appoint being in the mayor, "with the advice and consent of the governing body," there can be no appointment until the advice and consent has been obtained. Arellano v. Lopez, 1970-NMSC-058, 81 N.M. 389, 467 P.2d 715.
Nature of governing body. — A governing body is a continuous body although, by expiration of terms and vacancies, there may be changes in the membership. Ackerman v. Baird, 1938-NMSC-013, 42 N.M. 233, 76 P.2d 947.
"Next regular municipal election". — The phrase "next regular municipal election" in Subsection A refers to the next regular election immediately following the appointment. 1989 Op. Att'y Gen. No. 89-11.
Special election not held. — Under Subsection A, if no special election is held, an appointee's term lasts until the next regular municipal election in point of time after his appointment. The person elected at such election serves out the remainder of the unexpired term of the vacated office, if any. 1989 Op. Att'y Gen. No. 89-11.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 254.
62 C.J.S. Municipal Corporations § 213 to 217.