ARTICLE VII
ELECTIONS

7.01 City Elections.

A. The New Mexico Municipal Election Code shall apply to and govern elections of the City of Rio Rancho, except to the extent that the Municipal Election Code is inconsistent with the provisions of this Charter, in which case the Charter shall govern.

B. The regular municipal election shall be held on the first Tuesday in March of each even-numbered year.

C. Candidates for all municipal elective offices shall run for office without any political party designation, and no references to any slate of candidates shall be made on any ballots.

D. The election of all municipal elective offices shall be by majority of the votes cast for the particular office in question. The Governing Body shall by ordinance determine the procedures for breaking a tie vote and for run off elections.

E. For the conduct of City elections, for the prevention of fraud in such elections, and for such other purposes as may be determined by the Governing Body, the Governing Body may adopt ordinances consistent with this Charter. Such ordinances may include a policy concerning campaign practices, candidate expenses, contribution reports, and campaign ethics. The Governing Body by ordinance shall require photo identification for municipal elections.

(Section 7.01 amended at Special Election on March 7, 2006 as Proposition 25; Section 7.01.E. amended at Special Election on March 6, 2012 as Proposition 34)

7.02 Initiative and Referendum.

A. The powers of initiative and referendum are hereby reserved by the voters of the City.

B. Except as otherwise provided herein, the provisions of the New Mexico Municipal Election Code and Section 3-1-5 NMSA 1978, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this Charter.

C. Initiative. The following provisions shall govern the right of initiative:

(1) The qualified electors of the City shall have the power to propose ordinances to the Governing Body.

(2) The power of initiative shall not extend to: the budget; the capital program; any ordinance relating to appropriation of money; the levy of taxes, unless a referendum is specifically authorized by state law; salaries of City officers or employees; or ordinances authorizing bonds or other obligations where such ordinance, bonds or other obligations previously have been approved at a City election.

(3) Initiative shall commence by the filing of a petition with the city clerk which complies with the following requirements:

(a) The form of the proposed petition shall be submitted to the city clerk prior to its circulation in the City for signature. If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept that initiative petition for filing.

(b) The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:

(i) the petition contains a heading which states that the petition is for the purpose of initiative;

(ii) the heading sets forth in full the text of the proposed ordinance;

(iii) the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and

(iv) the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Rio Rancho, is guilty of a fourth degree felony.

(v) each page of the petition for signatures contains the requirements as specified in subsections (i) through (iv) in the heading.

(Section 7.02.C.3.b. amended at Special Election on March 1, 2016 as Proposition 44)

(c) The signed petition shall be filed with the city clerk not more than sixty consecutive days following the date upon which the city clerk approved the petition as to form.

(d) The petition shall be signed by not less than 10 percent of the number of registered voters of the City of Rio Rancho at the regular municipal election immediately preceding the filing of the Notice of Intent

(Section 7.02.C(3)(d) amended at Special Election on March 5, 1996 as Proposition 8)

(4) The Governing Body shall select a qualified attorney to review and render an opinion as to legality and form of any proposed ordinance before it is submitted to the Governing Body for consideration.

(Section 7.02.C (4) adopted at Special Election on March 5, 1996 as Proposition 9)

(5) Upon the filing of an initiative petition which has been previously approved as to form, the city clerk shall verify the initiative petition pursuant to Section 3-1-5 NMSA 1978, and the city clerk and Governing Body shall perform the duties otherwise required in Section 3-1-5 NMSA 1978, except to the extent that such provisions are inconsistent with this section of the Charter.

(6) Upon the filing of an initiative petition which has been certified as complying with the requirements of Paragraph 4 of this subsection, the initiated ordinance shall be proposed to the Governing Body for enactment within thirty days of the date of filing the petition.

(7) If the Governing Body fails to act, acts adversely, or amends any legally proposed ordinance, then the Governing Body must enact an election resolution calling for a special election, pursuant to the special election calendar and procedures of the New Mexico Municipal Election Code, for the purpose of submitting the initiated ordinance to the electorate. If the Governing Body fails to enact an election resolution, interested persons shall have recourse to the District Court. If the interested persons prevail, they shall be entitled to reasonable court costs and reasonable attorney fees.

(Section 7.02.C(7) amended at Special Election on March 5, 1996 as Proposition 10)

(8) The ballot shall contain the initiated ordinance and the initiated ordinance as amended, if the Governing Body amends the initiated ordinance. After each version of the initiated ordinance there shall be printed the words: “FOR” and “AGAINST” with spaces for crosses after each word.

(9) The measure receiving a majority of the votes cast in its favor is adopted. If each measure receives a majority of the votes cast in its favor, the measure receiving the greatest number of votes cast in its favor is adopted.

D. Referendum. The following provisions shall govern the right of referendum:

(1) The qualified electors of the City shall have the power to require reconsideration by the Governing Body of any adopted ordinance, except as prohibited by law or this Charter.

(2) The power of referendum shall not extend to: the budget; the capital program; any ordinance relating to appropriation of money; the levy of taxes unless a referendum is specifically authorized by state law; salaries of City officers or employees; zone map amendments or ordinances authorizing bonds or other obligations, where such ordinances, bonds or other obligations previously have been approved at a City election or are revenue bonds.

(3) Referendum shall be commenced by the filing of a petition with the city clerk which complies with the following requirements:

(a) The form of the proposed petition shall be submitted to the city clerk prior to its circulation in the City for signature. If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept that referendum petition for filing.

(b) The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:

(i) the petition contains a heading which states that the petition is for the purpose of referendum;

(ii) the heading sets forth in full the title of the ordinance which is the subject of the referendum, the ordinance number, if any, and a brief description of the ordinance;

(iii) the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and

(iv) the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Rio Rancho, is guilty of a fourth degree felony.

(v) each page of the petition for signatures contains the requirements as specified in subsections (i) through (iv) in the heading.

(Section 7.02.D.3.b. amended at Special Election on March 1, 2016 as Proposition 45)

(c) The signed petition shall be filed with the city clerk not more than sixty consecutive days following the date at which the Governing Body voted to approve the ordinance.

(d) The petition shall be signed by not less than 10 percent of the number of registered voters of the City of Rio Rancho at the regular municipal election immediately preceding the filing of the Notice of Intent.

(Section 7.02.D(3)(d) amended at Special Election on March 5, 1996 as Proposition 11)

(4) Upon the filing of a referendum petition which has been previously approved as to form, the city clerk shall verify the referendum petition pursuant to Section 3-1-5 NMSA 1978, and the city clerk and Governing Body shall perform the duties otherwise required in Section 3-1-5 NMSA 1978, except to the extent that such provisions are inconsistent with this section of the Charter.

(5) Upon the filing of a referendum petition, which has been certified as complying with the requirements of Paragraph 4 of this subsection, the ordinance in question shall be presented to the Governing Body for the purpose of determining whether the Governing Body will repeal the ordinance. If the Governing Body fails to repeal the ordinance in question, then the Governing Body shall enact an election resolution calling for a special election, pursuant to the special election calendar and procedures of the New Mexico Municipal Election Code, for the purpose of submitting the ordinance to the electorate.

(6) The ballot shall contain the text of the ordinance or resolution. Below the text shall be the words: “FOR” and “AGAINST” with spaces for crosses after each word.

(7) If a majority of the votes cast are in favor of the measure, then it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect.

(8) If an ordinance eligible for referendum is an emergency measure, it shall go into effect immediately; but it shall be subject to repeal by an adverse majority at a referendum election. Any ordinance subject to referendum other than an emergency ordinance shall become effective as provided in Section 2.11.B. Upon certification that a referendum petition regarding such an ordinance complies with the provisions of Paragraph 4 of this subsection, such an ordinance shall be suspended until it is repealed by the Governing Body, rejected at an election, or approved at an election.

7.03 Recall.*

*Code reviser’s note – Portions of this section were superseded by Chapter 1, Article 25, NMSA 1978 (the Recall Act) in 2019 by the State Legislature.

A. The power of recall is hereby reserved by the voters of the City.

B. Except as otherwise provided herein, the provisions of the New Mexico Municipal Election Code and Section 3-1-5 NMSA 1978, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the power of recall under this Charter.

(1) At any recall election, the official holding office shall be recalled only if:

(a) a majority of the votes cast at the recall election are in favor of recalling the official; and

(b) this majority equals or exceeds the number of votes the official received when elected.

(2) If an official is recalled, he or she shall not be eligible for re-election until the term for which he or she was originally elected has expired.

(3) If a recall election results in a failure to secure the votes necessary to recall, the official who is the subject of the recall election shall not again be subject to recall during the remainder of that official’s term of office.

(Section 7.03 amended pursuant to Chapter 1, Article 25 NMSA 1978)