Qualifications

NMSA 1978 ch. 10, art. 1

in effect

NMSA 1978, § 10-1-1 [Ineligibility for recess appointment after rejection by senate.]

10-1-1. [Ineligibility for recess appointment after rejection by senate.] No person, whose nomination or appointment to any office in the state shall have been rejected by the senate, shall be eligible to hold office under recess appointment. Laws 1915, ch. 61, § 1; C.S. 1929, § 96-138; 1941 Comp., § 10-101; 1953 Comp., § 5-1-1.

NMSA 1978, § 10-1-2 [Person convicted of crime; ineligibility for office; exception.]

10-1-2. [Person convicted of crime; ineligibility for office; exception.] 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. Laws 1912, ch. 44, § 1; Code 1915, § 3951; C.S. 1929, § 96-102; 1941 Comp., § 10-102; 1953 Comp., § 5-1-2.

NMSA 1978, § 10-1-3 [Deputies and assistants convicted of crimes; penalty for appointment or retention.]

10-1-3. [Deputies and assistants convicted of crimes; penalty for appointment or retention.] It shall be unlawful for any state, county, district, or municipal officer to appoint, employ, or retain as a deputy or assistant any person convicted of a felonious or infamous crime, unless such person has been pardoned or restored to political rights; and any public officer who shall knowingly violate the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not less than one hundred dollars [($100)] nor more than five hundred dollars [($500)] and, in addition to such punishment, shall be removed from office in accordance with the provisions of this chapter. Laws 1912, ch. 44, § 2; Code 1915, § 3952; C.S. 1929, § 96-103; 1941 Comp., § 10-103; 1953 Comp., § 5-1-3.

NMSA 1978, § 10-1-4 [Women eligible for appointment.]

10-1-4. [Women eligible for appointment.] Women may hold any appointive office in the state of New Mexico. Laws 1913, ch. 60, § 1; Code 1915, § 3953; C.S. 1929, § 96-104; 1941 Comp., § 10-104; 1953 Comp., § 5-1-4.

NMSA 1978, § 10-1-6 [Affidavits of residence; prima facie value as evidence.]

10-1-6. [Affidavits of residence; prima facie value as evidence.] Any person whose duty it is to engage or hire employees mentioned in Section 1 of this act may require any person applying for such employment to file an affidavit with such person, stating his name and residence and that he has been a bona fide resident of the state of New Mexico for a period of one year next previous to the date of application for such employment. In all prosecutions against any persons for violation of the provisions of this act [10-1-6 to 10-1-9 NMSA 1978], such affidavits shall be received in evidence as prima facie proof of the truth of the statements therein contained. Laws 1933, ch. 68, § 2; 1941 Comp., § 10-106; 1953 Comp., § 5-1-6.

NMSA 1978, § 10-1-7 [Provisions of employment contracts.]

10-1-7. [Provisions of employment contracts.] Every written contract entered into by the state of New Mexico and all political subdivisions thereof, including all of the departments, bureaus, boards, commissions or institutions of said state and all of its political subdivisions, involving the employment of persons mentioned in Section 1 of this act shall contain such provisions relating to employment as comply with the provisions of this act. Laws 1933, ch. 68, § 3; 1941 Comp., § 10-107; 1953 Comp., § 5-1-7.

NMSA 1978, § 10-1-8 [Failure to employ residents; penalties.]

10-1-8. [Failure to employ residents; penalties.] Any person, firm, corporation or association having charge of or control over the employment of persons mentioned in Section 1 of this act, who shall willfully refuse to comply with the provisions of said Section 1, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $300 or by imprisonment in the county jail not to exceed ninety days or both such fine and imprisonment, in the discretion of the court. Laws 1933, ch. 68, § 4; 1941 Comp., § 10-108; 1953 Comp., § 5-1-8.

NMSA 1978, § 10-1-9 [False affidavit to obtain employment; penalty.]

10-1-9. [False affidavit to obtain employment; penalty.] Any applicant for employment mentioned in Section 1 thereof, who shall willfully file any false affidavit for the purpose of obtaining employment shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the penalties mentioned in Section 4 [10-1-8 NMSA 1978] hereof. Laws 1933, ch. 68, § 5; 1941 Comp., § 10-109; 1953 Comp., § 5-1-9.

NMSA 1978, § 10-1-10 [Nepotism prohibited; exceptions.]

10-1-10. [Nepotism prohibited; exceptions.] It shall hereafter be unlawful for any person elected or appointed to any public office or position under the laws of this state or by virtue of any ordinance of any municipality thereof, to employ as clerk, deputy or assistant, in such office or position, whose compensation is to be paid out of public funds, any persons related by consanguinity or affinity within the third degree to the person giving such employment, unless such employment shall first be approved by the officer, board, council or commission, whose duty it is to approve the bond of the person giving such employment; provided, that this act [10-1-10, 10-1-11 NMSA 1978] shall not apply where the compensation of such clerk, deputy or assistant shall be at the rate of $600 or less a year, nor shall it apply to persons employed as teachers in the public schools. Laws 1925, ch. 50, § 1; C.S. 1929, § 96-136; 1941 Comp., § 10-110; 1953 Comp., § 5-1-10.

NMSA 1978, § 10-1-11 [Payment of nepotic employees; liability of employer and bondsmen; employment void.]

10-1-11. [Payment of nepotic employees; liability of employer and bondsmen; employment void.] No person so unlawfully employed shall be paid or receive any compensation from public funds, and such employment shall be null and void, and the person or persons giving such employment, together with his or their bondsmen, shall be liable for any and all monies so unlawfully paid out. Laws 1925, ch. 50, § 2; C.S. 1929, § 96-137; 1941 Comp., § 10-111; 1953 Comp., § 5-1-11.

NMSA 1978, § 10-1-12 [Employment of persons advocating sabotage, sedition or treason prohibited; discharge of such persons already employed.]

10-1-12. [Employment of persons advocating sabotage, sedition or treason prohibited; discharge of such persons already employed.] No person shall be knowingly employed by any state department, office, board, commission or bureau, county, municipality or other political subdivision, board of education or school board, who either directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the government of the United States or of this state. When it becomes reasonably apparent to his appointing power that any employee has committed any of the acts hereinabove described it shall be the duy [duty] of such employer to refer the data and information available to him to the district attorney of the judicial district wherein such employee resides, and it shall thereupon become the mandatory duty of the district attorney to institute a proceeding in the district court to determine whether the employee has violated this act [section]. If such court determines that this act has been violated, such employee shall be immediately discharged and shall not be again employed in any capacity by any state department, office, board, commission, or bureau, county, municipality, or other political subdivision, board of education, or school board. No part of any money appropriated from the state treasury shall ever be expended to compensate any person whose employment is forbidden by this section. Laws 1949, ch. 45, § 1; 1941 Comp., § 10-112; 1953 Comp., § 5-1-12.

NMSA 1978, § 10-1-13 County officers; oath; bond

10-1-13. County officers; oath; bond A. As used in this section, "county officer" means county commissioner, county assessor, county clerk, county sheriff, county treasurer, probate judge, county flood commissioner and small claims court clerk. B. Before assuming the duties of office, each county officer shall take and subscribe the oath of office prescribed by the constitution of New Mexico and give an official bond payable to the state and conditioned for the faithful performance of duties, during the county officer's term of office and until a successor is elected or appointed and is qualified, and that the county officer shall pay all money received in the county officer's official capacity to the person entitled to receive it. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond required shall be fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled by the county officer during the preceding fiscal year but not to exceed: county commissioner $ 5,000 county assessor 5,000 county clerk 10,000 county sheriff 20,000 county treasurer 50,000 probate judge 5,000 county flood commissioner 10,000 small claims court clerk 10,000. county commissioner $ 5,000 county assessor 5,000 county clerk 10,000 county sheriff 20,000 county treasurer 50,000 probate judge 5,000 county flood commissioner 10,000 small claims court clerk 10,000. C. Each county officer shall appoint a deputy or clerk, as allowed by law, who shall take the oath of office required of the appointing county officer and shall receive salary as provided by law. In case of the death of the appointing county officer, the deputy shall continue in office and perform the duties of the county officer until a new county officer is appointed and qualified as required by law. D. The cost of official bonds for county officers shall be paid from the county general fund, and the board of county commissioners may elect to provide a schedule or blanket corporate surety bond covering county officers and employees for any period of time not exceeding four years. E. If any county officer fails to give bond by January 10 following the county officer's election or within ten days of appointment, the board of county commissioners shall declare the office vacant. 1953 Comp., § 5-1-13, enacted by Laws 1967, ch. 238, § 1; 2011, ch. 56, § 25.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18510/index.doFetched: 10/20/2026