A. In each county all county commissioners shall be elected to serve four-year terms, subject to the provisions of Subsection B of this section.
B. In those counties that consist of a three-member board of county commissioners, the secretary of state shall designate by lottery the terms for each county commission district, which shall elect two county commissioners for terms of four years and one county commissioner for a term of two years. The terms for two commissioners shall expire in the same year.
C. In those counties that, prior to 1992, have not had four-year terms for elected officials, the assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk shall be elected to two-year terms in the 1994 general election; thereafter, all elected officials shall be elected for terms of four years. The terms of the assessor, sheriff and probate judge shall expire in the same year, and the terms of the treasurer and clerk shall expire in the same year.
History: Laws 1899, ch. 30, § 1; Code 1915, § 1191; C.S. 1929, § 33-4204; 1941 Comp., § 15-3504; 1953 Comp., § 15-37-4; Laws 1974, ch. 21, § 5; 1983, ch. 126, § 3; 1993, ch. 119, § 1.
Cross references. — For residence of county commissioners in areas from which elected, see 4-38-3 NMSA 1978.
For terms of county officers generally, see N.M. Const., art. X, § 2.
For five member boards of county commissioners, see N.M. Const., art. X, § 7.
The 1993 amendment, effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 64.
Structure 2021 New Mexico Statutes
Article 38 - Board of County Commissioners
Section 4-38-1 - [Exercise of county powers.]
Section 4-38-2 - Members; quorum.
Section 4-38-3 - Residence in districts; period for districting; election at large.
Section 4-38-6 - Election; term.
Section 4-38-7 - [Holding office until successor is qualified.]
Section 4-38-11 - [Chairman; powers and duties.]
Section 4-38-12 - [Seal; sessions to be public; rules and regulations.]
Section 4-38-13 - [Powers; property belonging to county.]
Section 4-38-13.1 - County equipment and property; permitted uses.
Section 4-38-13.2 - Legislative findings; community value.
Section 4-38-14 - [County appropriation for state fair authorized.]
Section 4-38-15 - [Agent of county having charge of county exhibit at state fair; appointment.]
Section 4-38-16 - [Accounts; county buildings; taxation.]
Section 4-38-17 - Tax levy for county general purposes; allocation.
Section 4-38-17.1 - Tax levies authorization; procedures; health purposes.
Section 4-38-18 - [Management in general.]
Section 4-38-24 - Powers over highways.
Section 4-38-26 - [Streets in unincorporated county seats.]
Section 4-38-27 - [Receipts and expenditures; publication of report.]
Section 4-38-28 - [Payments without authority; liability of commissioners.]
Section 4-38-29 - [Approving unauthorized account; penalty; recovery of money.]
Section 4-38-30 - [Neglect of duty; penalty.]
Section 4-38-31 - [Establishment of airports.]
Section 4-38-32 - Eminent domain power for acquiring airports.
Section 4-38-33 - [Eminent domain power over land contiguous and adjacent to airport.]
Section 4-38-34 - [Joint county-municipal operation of airports.]
Section 4-38-35 - [Federal aid for airports; gifts.]
Section 4-38-36 - [Power to issue bonds for airports.]
Section 4-38-37 - [Procedure for issuing bonds for airports.]
Section 4-38-38 - Creation of county advisory boards.
Section 4-38-39 - Duties of board.
Section 4-38-40 - Executive committee.