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Current as of January 01, 2024 | Updated by Findlaw Staff
Any office of a political subdivision of the state subject to election by the qualified electors within the political subdivision becomes vacant under any of the following circumstances:
A. by resignation or death of the party in office;
B. removal of the officer as provided by Sections 10-4-1 through 10-4-29 NMSA 1978;
C. failure of the officer to qualify as provided by law;
D. expiration of the term of office when no successor has been chosen as provided by law;
E. when the officer removes from the area from which the officer was elected to represent and, in case of an officer serving pursuant to an appointment, when the officer removes from the area the officer was appointed to represent;
F. absence from the political subdivision in which the officer serves for six consecutive months; but this provision does not apply to those officers wherein the law provides that the duties may be discharged by a deputy, when such absence is due to illness or other unavoidable cause;
G. by an officer accepting and undertaking an employment relationship with the political subdivision in which the officer serves in a position subject to election; or
H. by an officer taking the oath of office or undertaking to discharge the duties of another incompatible office.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 10. Public Officers and Employees § 10-3-1. Circumstances causing vacancy in local office - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-10-public-officers-and-employees/nm-st-sect-10-3-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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