Laws governing recall in New Mexico
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A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in New Mexico. New Mexico only allows for recall of local officials.
The recall of local elected government officials in New Mexico is authorized in §9 of Article 10 of the New Mexico Constitution (county officials), in §14 of Article 12 (school officials), and in NMSA 3-14-16 (elected officials in commission-manager municipalities).
In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.
Officers subject to recall
Federal officials
The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here for more information.
State officials
New Mexico does not allow the recall of state officials.
Local officials
- Article X of the New Mexico Constitution authorizes recall of elected officials of New Mexico's 33 counties.
- Article XII of the New Mexico Constitution authorizes recall of elected officials of school districts.
- NMSA 3-14-16 authorizes recall of elected officials of commission-manager municipalities.
Process
Prerequisites
Reasons for recall
- See also: Grounds required for recall elections
Counties: Allowable grounds are "malfeasance or misfeasance in office or violation of the oath of office by the official concerned." The acts cited as grounds must have taken place during the elected official's current term in office.
School boards: Allowable grounds are "malfeasance or misfeasance in office or violation of the oath of office."
Commission-manager municipalities: Allowable grounds are "malfeasance or misfeasance in office or a violation of the oath of office based upon acts or failures to act occurring during the current term of the official sought to be recalled."[2]
Petition
Signature requirements
Counties: Signatures equalling 33.3% of the number of voters who voted in the last election for the office held by the recall target are required to force a recall election.
School boards: "The recall petition shall be signed by registered voters not less in number than thirty-three and one-third percent of those who voted for the office at the last preceding election at which the office was voted upon."
Commission-manager municipalities: Signatures are required from "qualified electors in a number more than twenty percent of the average number of voters who voted at the previous four regular municipal elections or more than twenty percent of the number of voters who voted at the previous regular municipal election, whichever is the greater."[2]
There is no time limit for gathering the required signatures.
Circulation timeline
Counties: A recall election cannot be conducted after May 1 in a calendar year in which an election is to be held for the office subject to the proposed recall.
Commission-manager municipalities: "If the municipal clerk has so verified the petition, the commission shall call a special election unless the regular municipal election occurs within sixty days, in which case the qualified electors shall vote on the recall at the regular election."[2]
Legislation involving recall elections
The table below lists bills related to recall elections in New Mexico. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
Footnotes
