That no person convicted of a felonious or infamous crime, unless such person has been pardoned or restored to political rights, shall be qualified to be elected or appointed to any public office in this state.

History: Laws 1912, ch. 44, § 1; Code 1915, § 3951; C.S. 1929, § 96-102; 1941 Comp., § 10-102; 1953 Comp., § 5-1-2.

Cross references. — For the Criminal Offender Employment Act, see 28-2-1 NMSA 1978.

For disqualification for bribery, see 30-24-2 NMSA 1978.

Felony convictions occurring during term of office. — A felony conviction that occurs during the term of an elective office disqualifies the elected official from continuing to hold that office effective upon entry of a judgment of conviction. State ex rel. King v. Sloan, 2011-NMSC-020, 149 N.M. 620, 253 P.3d 33.

Restoration of citizenship rights. — A convicted felon who was elected to the position of county commissioner became eligible to hold that office when, prior to taking the oath of office, she applied for and received a certificate of restoration of full rights of citizenship from the governor. Lopez v. Kase, 1999-NMSC-011, 126 N.M. 733, 975 P.2d 346.

Effect of appeal pending. — Person who committed felony by assaulting a federal officer was ineligible to run for governor where although a jury rendered a guilty verdict, the person was appealing the judgment. A judgment on a verdict of a guilty is a conviction, and the fact that an appeal is pending does not alter that interpretation. 1968 Op. Att'y Gen. No. 68-98.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 48 to 50.

Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.

Conviction of offense under federal law or law of another state or country as vacating accused's holding of state or local office, 20 A.L.R.2d 732.

Legislative power to prescribe qualifications for or conditions of eligibility to constitutional office, 34 A.L.R.2d 155, 90 A.L.R.3d 900.

What is an infamous crime or one involving moral turpitude constituting disqualification to hold public office, 52 A.L.R.2d 1314.

Previous tenure of office, construction and effect of constitutional or statutory provisions disqualifying one for public office because of, 59 A.L.R.2d 716.

Effect of conviction in federal court, or court of another state or country, on right to hold public office, 39 A.L.R.3d 303.

Misconduct: removal of public officer for misconduct during previous term, 42 A.L.R.3d 691.

Pardon as restoring eligibility to public office, 58 A.L.R.3d 1191.

What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office, 10 A.L.R.5th 139.

Validity under federal constitution of regulations, rules, or statutes requiring random or mass drug testing of public employees or persons whose employment is regulated by state, local, or federal government, 86 A.L.R. Fed. 420.

67 C.J.S. Officers and Public Employees § 22.