Bill > HB49

This bill amends existing law to provide grounds for the recall election of elective officers in commission-manager municipalities in New Mexico. The key provisions of the bill are as follows: 1. Elective officers in commission-manager municipalities can be subject to a recall election for malfeasance or misfeasance in office, or a violation of the oath of office, based on acts or failures to act during their current term. 2. The factual allegations supporting the grounds for recall must be presented to the district court, which will hold a hearing to determine if probable cause exists for the grounds of recall. 3. If the district court finds probable cause, the recall petition can be circulated, and if it is signed by a sufficient number of qualified electors, a recall election will be held. 4. The recall election will be conducted using a special ballot, and if a majority of votes cast favor the recall, and the number of votes cast for the recall are equal to or more than the number the officer received when they were initially elected, the officer will be recalled from office, and the office will be declared vacant. 5. The bill also includes provisions regarding the eligibility of a recalled officer for reelection, the timing of subsequent recall attempts, and the process for filling vacancies created by a successful recall election.

Government Affairs, Justice

https://www.nmlegis.gov/lcs/legislation.aspx?chamber=H&legtype=B&legno=49&year=18