N.M. Stat. » Chapter 3 — Municipalities
New Mexico Statutes

N.M. Stat. § 3-12-1 (2026)

Vacancy on governing body; appointment; procedures

✓ current as of May 2026
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A. A 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, the consent and a majority vote of the members of the governing body that are present; provided that 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.

B. A qualified elector appointed to fill a vacancy on the governing body shall serve until the next regular local election or municipal officer election, whichever is applicable, 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; 2025, ch. 40, § 8.

ANNOTATIONS

The 2025 amendment, effective June 20, 2025, revised appointment procedures for vacancies on the governing body; added new subsection designations "A" and "B"; in Subsection A, after "the consent" added "and a majority vote of the members" and after "the governing body" deleted "Any" and added the remainder of the subsection; and in Subsection B, after "next regular local election" added "or municipal officer election, whichever is applicable".

The 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.

Notes of Decisions
Cited in 2 cases, 2019–2019 · leading case: Unite New Mexico v. Oliver, 438 P.3d 343 (N.M. 2019).
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Unite New Mexico v. Oliver, 438 P.3d 343 (N.M. 2019). · cites it 2× “…§§ 41-301 to -360 (1929) (same); NMSA 1941, §§ 56-301 to -362 (1941) (same); NMSA 1953, §§ 3-31 to -40 (1953) (same); NMSA 1953, §§ 3-12-1 to -16 (1969) (Conduct of Elections). The statutes that would eventually become Section 1-10-12 were originally codified at Article 10, an…”
Unite New Mexico v. Oliver, No. S-1-SC-37227 (N.M. Feb. 7, 2019). · cites it 2× “…§§ 41-301 to -360 (1929) (same); NMSA 1941, §§ 56-301 to -362 (1941) (same); NMSA 1953, §§ 3-31 to -40 (1953) (same); NMSA 1953, §§ 3-12-1 to -16 (1969) (Conduct of Elections). The statutes that would eventually become Section 1-10-12 were originally codified at Article 10, an…”
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