A. A county having a population greater than thirteen thousand, according to the most recent federal decennial census, shall be divided by the board of county commissioners into as many compact single-member districts as there are board members to be elected. The districts shall be as equal in population as possible and numbered respectively to correspond to the number of board members. One commissioner shall be elected from each district by the voters of the district and shall be a resident of the district from which he is elected. If a commissioner permanently removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned. The division of the county into single-member districts shall be made once immediately following each federal decennial census.

B. An H class county or a county having a population of thirteen thousand or fewer according to the most recent federal decennial census, may be divided by the board of county commissioners into single-member districts. If the county is districted, the districts shall be as equal in population as possible and numbered respectively to correspond to the number of board members. A commissioner shall be a resident of the district from which he is elected. If a commissioner permanently removes his residence from or maintains no residence in the district from which he was elected, he shall be deemed to have resigned. The division of the county into single-member districts shall be made once immediately following each federal decennial census. The board of county commissioners in a county with only three board members may require either that:

(1) commissioners shall be elected from each district by the voters of the whole county; or

(2) each commissioner shall be elected by the voters of the district from which that commissioner is running for office.

History: Laws 1876, ch. 1, § 10; 1880, ch. 19, § 1; C.L. 1884, § 341; C.L. 1897, § 660; Code 1915, § 1190; C.S. 1929, § 33-4203; 1941 Comp., § 15-3503; 1953 Comp., § 15-37-3; Laws 1959, ch. 106, § 1; 1961, ch. 27, § 1; 1974, ch. 21, § 2; 1985, ch. 204, § 1; 1987, ch. 290, § 1; 1991 (1st S.S.), ch. 5, § 1; 2002, ch. 61, § 2.

Cross references. — For election of county commissioners, see 4-38-6 NMSA 1978.

For class H county, see 4-44-3 NMSA 1978.

For authority of legislature to enact laws permitting division of counties into county commission districts and to provide that elective county commissioners reside in respective county commission districts, see N.M. Const., art. V, § 13.

For qualifications for holding office generally, see N.M. Const., art. VII, § 2.

For five member boards of county commissioners, see N.M. Const., art. X, § 7.

The 2002 amendment, effective May 15, 2002, in Subsection A, inserted "according to the most recent federal decennial census," in the first sentence, and inserted "immediately following" in the last sentence; and in Subsection B, inserted "according to the most recent federal decennial census," in the present first sentence and added the remainder of the subsection.

The 1991 (1st S.S.) amendment, effective December 18, 1991, deleted the Subsection A designation and deleted former Subsection B, relating to division, based on census results, of counties having a population of over 100,000 and having a final, full assessed valuation in excess of $75,000,000.

Constitutionality of scheme for election of county commissioners. — Statutory provisions for election of county commissioners from five separate voting districts in certain heavily populated counties does not deny equal protection under federal constitution to residents of less heavily populated counties where three county commissioners are elected at large, since classification between heavily populated counties, with a greater variety of social and economic needs of the populace, and more rural counties, where needs of the general populace were likely to be similar, has a substantial and reasonable relation to the subject matter involved. Pierce v. King, 373 F. Supp. 1130 (D.N.M. 1974).

Power to draw boundaries for election of five member boards of county commissioners. State ex rel. Robinson v. King, 1974-NMSC-028, 86 N.M. 231, 522 P.2d 83 (decided prior to 1992 amendment to N.M. Const. art. X, § 7).

Residency requirement. — A candidate for county commissioner must reside in the district in which he runs. Velasquez v. Chavez, 1984-NMSC-109, 102 N.M. 54, 691 P.2d 55.

Candidates must be resident of district at time name certified. — A reason for restricting candidates to residents of the district from which they seek election is to insure that each elected commissioner has knowledge of the problems and the needs of the district from which he is elected. It is properly within the spirit of such restriction, and will promote efficient filing administration, to require that a candidate be a resident of the district from which he seeks election at the time his name is certified. State ex rel. Rudolph v. Lujan, 1973-NMSC-077, 85 N.M. 378, 512 P.2d 951.

Redistricting. — If redistricting has not occurred within two years and in the board's discretion redistricting is needed and justifiable, the board of county commissioners may do so, filing a map and record of the change in the county clerk's office. 1941 Op. Att'y Gen. No. 41-3863 (rendered under prior law).

Candidate for county commissioner must file in district of residency. — In order for a candidate for county commissioner to qualify for that office, he must file in the district where he resides. 1966 Op. Att'y Gen. No. 66-30.

Declaration of candidacy to be used in determining residency of candidate. — Since a candidate may move without changing his affidavit of registration, the address (or precinct) shown on the declaration of candidacy should be used in determining the candidate's precinct. 1966 Op. Att'y Gen. No. 66-30.

Investigation by county clerk of residency of candidate. — If the county clerk's office has any reason to believe that a person's residence is other than that shown on the declaration of candidacy, the county clerk should investigate to ascertain if the address (or precinct) shown on the declaration of candidacy is in fact the candidate's residency. The county clerk may use his staff to do so, or may call upon the services of the sheriff's office. 1966 Op. Att'y Gen. No. 66-30.

Residency of persons appointed to fill vacancies. — Person appointed to fill vacancy in office of county commissioner must, at the time of appointment, be a resident of the commissioner district from which his predecessor was elected. 1916 Op. Att'y Gen. No. 16-1764.

Effect of change of residence by county commissioner subsequent to election. — A county commissioner, once elected and qualified, does not lose his right to the office by change of residence, unless he removes entirely from the county. 1915 Op. Att'y Gen. No. 15-1516.

Where a county is divided and a new county is made, commissioners who reside in the new county forfeit their office as commissioners of the old county. 1918 Op. Att'y Gen. No. 18-2079.

Holding of another office or position by county commissioner. — There is nothing in our statutes prohibiting a county commissioner from holding a position with the state administration, but under 10-3-1 NMSA 1978, his office would be vacated if he undertook to discharge the duties of an incompatible office. Whether it would be incompatible depends on the position itself. 1939 Op. Att'y Gen. No. 39-3196.

Incompatible positions. — A person may serve as a member of the board of trustees of a town and county commissioner or county assessor at the same time unless the two offices held at the same time are considered legally incompatible. 1960 Op. Att'y Gen. No. 60-30.

Am. Jur. 2d, A.L.R. and C.J.S. references. — "At-large" elections as violation of § 2 of Voting Rights Act of 1965 (42 USCS § 1973), 92 A.L.R. Fed. 824.

20 C.J.S. Counties § 65.