New Mexico Constitution Article X - County and Municipal Corporations
New Mexico Constitution – Article X: County and Municipal Corporations
Article X of the New Mexico Constitution establishes the framework for local government, specifically counties and municipal corporations (cities, towns, villages). It covers the structure, powers, and home rule authority of these local entities.
🔍 Section-by-Section Summary:
Section 1: County Government Structure
Each county must elect officials including:
Sheriff
Assessor
Clerk
Treasurer
Commissioners
Counties can adopt a home rule charter with voter approval, which gives them more local autonomy.
Section 2: County Seats
The county seat may only be moved by a two-thirds vote of the county electorate.
Section 3: Consolidation of Counties
Two or more counties may consolidate if a majority of voters in each county approve the consolidation in an election.
Section 4: Consolidation of City and County Governments
Permits city-county consolidation into a single local government with a home rule charter, if approved by voters in both jurisdictions.
Section 5: County Home Rule
Counties may adopt a charter for self-government (home rule) with voter approval.
Home rule counties may exercise all legislative powers not expressly denied by the Constitution or state law.
Section 6: Municipal Home Rule
Municipalities (cities, towns, etc.) may adopt a home rule charter.
Grants them broad authority to govern local affairs, again unless specifically restricted by state law.
Section 7: Local Ordinances and State Law
Local ordinances must not conflict with general laws unless the municipality or county is operating under home rule.
Even under home rule, state law may still preempt local law in areas of statewide concern.
🏛️ Key Principles:
Encourages local self-governance through home rule charters.
Establishes a process for restructuring local governments, including county consolidation and city-county mergers.
Balances local autonomy with state oversight, especially in areas considered of general or statewide importance.
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