Governing body; mayor-council; change in number of

members. A. The number of members of the governing body or board of trustees of a municipality having a mayor-council form of government may be changed as set forth in this section; provided such number shall not be less than or more than that number specified in Subsection E of Section 3-12-2 NMSA 1978. B. The members of a governing body may adopt an ordinance that increases or decreases the number of members of the governing body or trustees and call an election on that question in accordance with the Election Code. C. The governing body of the municipality shall adopt an election resolution calling an election on the question of approving or disapproving a change in the number of members of a governing body or trustees if there is filed with the municipal clerk a petition requesting an election on such a change and the petition is signed by at least five percent of the number of registered voters of the municipality. The petition shall specify the number of members of the governing body in addition to the mayor that shall constitute the governing body of the municipality. The petition shall be validated by the municipal clerk by verification that it contains the required number of signatures of registered voters. The election resolution shall be adopted within thirty days after the petition is verified by the municipal clerk. D. A special election to approve or disapprove a change in the number of members of the governing body or trustees shall be held at the first available election in which the question can be placed on the ballot in accordance with the provisions of the Election Code. The municipality shall pay for the cost of the election. E. If at an election called pursuant to this section a majority of the registered voters voting on the question of changing the number of members of the governing body or trustees vote in favor of such change, all members of the governing body or trustees shall serve until their current term of office expires. At each of the subsequent two regular municipal elections, one-half of the newly required number of members of the governing body or trustees shall be elected. F. If a majority of the registered voters voting on the question of changing the number of members of the governing body or trustees disapproves or approves of such change, then such change in the number of members shall not be considered again for a period of four years from the date of the election. History: 1978 Comp., § 3-12-2.1, enacted by Laws 1981, ch. 198, § 1; 1985, ch. 208, § 108; 1991, ch. 130, § 1; 2025, ch. 40, § 10.