New Mexico Code § 2-7F-4

Elections; vacancies
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A. Members of the house of representatives shall be elected for terms of two years.
B. If a vacancy occurs in the office of representative for any reason, the vacancy shall be filled as follows:
(1) for a representative district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the representative to fill the vacancy; and
(2) for a representative district situated within two or more counties:
(a) the board of county commissioners of each county in the representative district shall submit one name to the governor; and
(b) the governor shall appoint the representative to fill the vacancy from the list of names so submitted.
C. An appointment to fill a vacancy in the house of representatives shall be for a term ending on December 31 after the next general election.
D. An appointment to fill a vacancy made before the general election of 2022 shall be made from the district as it was described in Section 2-7E-1 NMSA 1978, as established by the court in Egolf v. Duran , D-101-CV-2011-02942 (1st Dist. Ct., Judgment and Final Order on Remand (State House of Representatives Trial) filed February 28, 2012). On or after the general election of 2022, a vacancy shall be filled by appointment from the district as set out in the 2021 House Redistricting Act.
History: Laws 2021 (2nd S.S.), ch. 6, § 4.
Effective dates. — Laws 2021 (2nd S.S.), ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective March 17, 2022, 90 days after adjournment of the legislature.

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