SENATE BILL 223
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Leonard Tsosie
AN ACT
RELATING TO LOCAL GOVERNMENTS; REQUIRING DISTRICTED MUNICIPALITIES AND COUNTIES TO REDISTRICT WITHIN ONE YEAR OF THE RELEASE OF EACH FEDERAL DECENNIAL CENSUS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 3-12-2 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-11-2, as amended) is amended to read:
"3-12-2. GOVERNING BODY--CORPORATE AUTHORITY-- LEGISLATIVE BODY--MEMBERS OF COUNCIL AND BOARDS OF TRUSTEES-- QUORUM.--
A. The corporate authority of a municipality is vested in the governing body that shall constitute the legislative branch of the municipality and shall not perform any executive functions except those functions assigned to it by law.
B. A majority of the members of the governing body is a quorum for the purpose of transacting business.
C. Unless otherwise provided by law, a question before the governing body shall be decided by a majority vote of the members present.
D. The governing body of a municipality having a mayor-council form of government is the council or board of trustees whose members are the mayor and not less than four or more than ten councilmen or trustees. Any governing body of more than six councilmen or trustees may provide by ordinance for the election of two councilmen or trustees for each ward or district or create or abolish wards or districts or alter the boundary of existing wards or districts; provided that only one councilman or trustee shall be elected from a ward or district at any one election.
E. In those municipalities with a mayor-council form of government, when there is a requirement that a certain fraction or percentage of the members of the entire governing body or of all the members of the governing body or of the entire membership of the governing body or other similar language other than the requirement of a simple majority vote for the measure, the mayor shall not be counted in determining the actual number of votes needed but he shall vote to break a tie vote as provided in Section 3-11-3 NMSA 1978 unless he has declared a conflict of interest.
F. The governing body of a municipality [may] shall redistrict the municipality [whenever redistricting is warranted. Upon petition signed by qualified electors equal in number to the votes cast for the councilman or trustee receiving the greatest number of votes at the last regular municipal election, the governing body of the municipality shall redistrict the municipality] once within one year of the release of each federal decennial census."
Section 2. Section 4-38-3 NMSA 1978 (being Laws 1876, Chapter 1, Section 10, as amended) is amended to read:
"4-38-3. RESIDENCE IN DISTRICTS--PERIOD FOR DISTRICTING--ELECTION AT LARGE.--
A. A county having a population greater than thirteen thousand, according to the most recent federal decennial census, shall be divided by the board of county commissioners into as many compact single-member districts as there are board members to be elected. The districts shall be as equal in population as possible and numbered respectively to correspond to the number of board members. One commissioner shall be elected from each district by the voters of the district and shall be a resident of the district from which he is elected. If a commissioner permanently removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned. The division of the county into single-member districts shall be made once [immediately following] within one year of the release of each federal decennial census.
B. An H class county or a county having a population of thirteen thousand or fewer according to the most recent federal decennial census may be divided by the board of county commissioners into single-member districts. If the county is districted, the districts shall be as equal in population as possible and numbered respectively to correspond to the number of board members. A commissioner shall be a resident of the district from which he is elected. If a commissioner permanently removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned. The division of the county into single-member districts shall be made once [immediately following] within one year of the release of each federal decennial census. The board of county commissioners in a county with only three board members may require either that:
(1) commissioners shall be elected from each district by the voters of the whole county; or
(2) each commissioner shall be elected by
the voters of the district from which that commissioner is
running for office."
- 4 -