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NM HB40

NM HB40
Municipality Officer Recall Elections


summary

Introduced
01/17/2017
In Committee
01/26/2017
Crossed Over
01/21/2017
Passed
Dead
03/18/2017

Introduced Session

2017 Regular Session

Bill Summary

AN ACT RELATING TO MUNICIPALITIES; PROVIDING GROUNDS FOR THE RECALL ELECTION OF ELECTIVE OFFICERS IN COMMISSION-MANAGER MUNICIPALITIES; REQUIRING A DETERMINATION BY THE DISTRICT COURT THAT PROBABLE CAUSE EXISTS FOR THE GROUNDS FOR RECALL; MAKING TECHNICAL AND CONFORMING CHANGES.

AI Summary

This bill amends an existing law to provide grounds for the recall election of elective officers in commission-manager municipalities in New Mexico. The key provisions are: 1) The bill allows for the recall of any elective officer in a commission-manager municipality, with the grounds being malfeasance, misfeasance in office, or violation of the oath of office, based on acts or failures to act during the current term. 2) Before a recall petition can be circulated, the factual allegations supporting the grounds for recall must be presented to the district court, which must determine that probable cause exists for the grounds before the petition can move forward. 3) The recall election process is outlined, including ballot requirements, vote thresholds, and ineligibility for reelection for a recalled officer until their original term expires. 4) Provisions are included for filling vacancies created by a successful recall election, and for the timing of any subsequent recall attempts.

Committee Categories

Government Affairs, Justice

Sponsors (2)

Last Action

[LD 10] Referred to Senate Rules (on 01/26/2017)

bill text


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