N.M. Stat. § 10-1-2 (2026)

exception.]
   That no person convicted of a felonious or infamous crime, unless such person has
been pardoned or restored to political rights, shall be qualified to be elected or
appointed to any public office in this state.

History: Laws 1912, ch. 44, § 1; Code 1915, § 3951; C.S. 1929, § 96-102; 1941 Comp.,
§ 10-102; 1953 Comp., § 5-1-2.

                                     ANNOTATIONS

Cross references. — For the Criminal Offender Employment Act, see 28-2-1 NMSA
1978.

For disqualification for bribery, see 30-24-2 NMSA 1978.
Felony convictions occurring during term of office. — A felony conviction that
occurs during the term of an elective office disqualifies the elected official from
continuing to hold that office effective upon entry of a judgment of conviction. State ex
rel. King v. Sloan, 2011-NMSC-020, 149 N.M. 620, 253 P.3d 33.

Restoration of citizenship rights. — A convicted felon who was elected to the position
of county commissioner became eligible to hold that office when, prior to taking the oath
of office, she applied for and received a certificate of restoration of full rights of
citizenship from the governor. Lopez v. Kase, 1999-NMSC-011, 126 N.M. 733, 975 P.2d
346.

Effect of appeal pending. — Person who committed felony by assaulting a federal
officer was ineligible to run for governor where although a jury rendered a guilty verdict,
the person was appealing the judgment. A judgment on a verdict of a guilty is a
conviction, and the fact that an appeal is pending does not alter that interpretation. 1968
Op. Att'y Gen. No. 68-98.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and
Employees §§ 48 to 50.

Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.

Conviction of offense under federal law or law of another state or country as vacating
accused's holding of state or local office, 20 A.L.R.2d 732.

Legislative power to prescribe qualifications for or conditions of eligibility to
constitutional office, 34 A.L.R.2d 155, 90 A.L.R.3d 900.

What is an infamous crime or one involving moral turpitude constituting disqualification
to hold public office, 52 A.L.R.2d 1314.

Previous tenure of office, construction and effect of constitutional or statutory provisions
disqualifying one for public office because of, 59 A.L.R.2d 716.

Effect of conviction in federal court, or court of another state or country, on right to hold
public office, 39 A.L.R.3d 303.

Misconduct: removal of public officer for misconduct during previous term, 42 A.L.R.3d
691.

Pardon as restoring eligibility to public office, 58 A.L.R.3d 1191.

What constitutes conviction within statutory or constitutional provision making conviction
of crime ground of disqualification for, removal from, or vacancy in, public office, 10
A.L.R.5th 139.
Validity under federal constitution of regulations, rules, or statutes requiring random or
mass drug testing of public employees or persons whose employment is regulated by
state, local, or federal government, 86 A.L.R. Fed. 420.

67 C.J.S. Officers and Public Employees § 22.