Disaster successors may act in the office to which appointed only:
A. in case of a disaster declared by the chief executive officer of the United States, and the chief executive officer of the state, and as long as a state of martial law is declared to exist or until a duly elected or appointed legislature, fulfilling all constitutional requirements, declares by joint resolution that the disaster emergency period has ended; and
B. the officer or authorized deputy in whose stead they are acting is unavailable; and
C. any disaster successors who are ahead of them in the line of succession to the office are unavailable; and
D. a successor to the office has not been selected and qualified as provided by law, other than the Disaster Succession Act [12-11-1 to 12-11-10 NMSA 1978].
History: 1953 Comp., § 4-18-9, enacted by Laws 1959, ch. 137, § 9.
Structure New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Part 1 - DISASTER SUCCESSION ACT
Section 12-11-1 - Short title.
Section 12-11-2 - Declaration of policy.
Section 12-11-3 - Definitions.
Section 12-11-4 - Disaster successors to the governor.
Section 12-11-5 - Disaster successors to other state executive offices.
Section 12-11-6 - Disaster successors to local offices.
Section 12-11-7 - [Disaster successors for members of supreme court and judges of district courts.]
Section 12-11-8 - Formalities of taking office.
Section 12-11-9 - Period during which disaster successors may act.