A. When the national guard or a part thereof is called or ordered into active federal service under the constitution and laws of the United States and the numbers or composition of the national guard forces are insufficient to meet such call or order, the governor may order out and cause through the adjutant general to be enrolled into the organized militia such persons as may be required and expected to reasonably meet the federal call or order.
B. The governor may order out the organized militia when:
(1) the national guard or any significant portion thereof is called or ordered into active federal service and the remaining national guard forces are insufficient for the needs of the state; or
(2) the governor deems it necessary to meet a major disaster, experienced or anticipated. The governor is authorized to call into active state service the state defense force or any portion thereof as may be necessary for the protection and well being of the state. If the numbers or composition of the state defense force is inadequate to meet the need, the governor may call out and cause through the adjutant general to be enrolled from the unorganized militia such persons as are required to bring the organized militia up to strength.
History: 1978 Comp., § 20-2-6, enacted by Laws 1987, ch. 318, § 13; 2021, ch. 55, § 3.
Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-2-6 NMSA 1978, as enacted by Laws 1925, ch. 113, § 5, and enacted a new section, effective April 10, 1987.
The 2021 amendment, effective June 18, 2021, authorized the governor to order out the organized militia, which may be formed when the numbers or composition of the national guard forces are insufficient, when the governor deems it necessary, and removed a provision that authorized the governor to call out the organized militia when the total strength or composition of the national guard is deemed by the governor to be insufficient; and in Subsection B, Paragraph B(2), after the first occurrence of "the", deleted "total strength or composition of the national guard within the state is deemed by the governor to be insufficient" and added "governor deems it necessary".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 C.J.S. Armed Services § 295.
Structure 2021 New Mexico Statutes
Section 20-2-1 - Definitions and principles.
Section 20-2-2 - Militia composition.
Section 20-2-3 - Governor; power to call out militia.
Section 20-2-4 - Governor; proclamation of a state of insurrection.
Section 20-2-5 - Fresh pursuit.
Section 20-2-6 - Governor; call for federal or state service; powers.
Section 20-2-7 - Miscellaneous provisions.