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Current as of January 01, 2024 | Updated by FindLaw Staff
Any county at the time of the adoption of this amendment, which is less than one hundred forty-four square miles in area and has a population of ten thousand or more may become an incorporated county by the following procedure:
A. upon the filing of a petition containing the signatures of at least ten percent of the registered voters in the county, the board of county commissioners shall appoint a charter commission consisting of not less than three persons to draft an incorporated county charter; or
B. the board of county commissioners may, upon its own initiative, appoint a charter commission consisting of not less than three persons to draft an incorporated county charter; and
C. the proposed charter drafted by the charter commission shall be submitted to the qualified voters of the county within one year after the appointment of the commission and if adopted by a majority of the qualified voters voting in the election the county shall become an incorporated county.
The charter of an incorporated county shall provide for the form and organization of the incorporated county government and shall designate those officers which shall be elected, and those officers and employees which shall perform the duties assigned by law to county officers.
An incorporated county may exercise all powers and shall be subject to all limitations granted to municipalities by Article 9, Section 12 of the constitution of New Mexico and all powers granted to municipalities by statute.
A charter of an incorporated county shall be amended in accordance with the provisions of the charter.
Nothing herein contained shall be construed to alter or amend the existing constitutional provisions regarding apportionment of representation in the legislature or in the boundaries of legislative districts or judicial districts, nor the jurisdiction or organization of the district or probate courts.
The provisions of this amendment shall be self-executing.
Cite this article: FindLaw.com - New Mexico Constitution Art. X, § 5. Incorporated counties - last updated January 01, 2024 | https://codes.findlaw.com/nm/new-mexico-constitution/nm-const-art-x-sect-5/
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 or via Westlaw before relying on it for your legal needs.
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