OFFICIALS ELIGIBILITY REQUIREMENTS

Eligibility Requirements & Duties Of Elected Officials


United States Senator

In addition to the general requirements, to serve as U.S. Senator a person:

  • must be at least twenty-five years of age;
  • must be a citizen of the United States for nine years;
  • must be an inhabitant of New Mexico. (U.S. Const Art I, Sec 3, cl.3)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office represents the interests of constituents in his or her state, as well as the interests of the federal government, and helps set national policy.


United States Representative 
In addition to the general requirements, to serve as U.S. Representative a person: 

  • must be at least twenty-five years of age;
  • must have been a citizen of the United States for seven years; and
  • must be an inhabitant of New Mexico. (U.S. Const, Art I, Sec. 2, cl.2)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office represents the interests of constituents in his or her district, serves as an ombudsman between the citizens and the federal government, and helps set national policy.


Governor 
In addition to the general requirements, to serve as Governor a person: 

  • must be at least thirty years of age;
  • must be a citizen of the United States; and
  • must have resided continuously in New Mexico for five years next preceding his election. (N.M. Const, Art 1/; Sec.3)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office holds the "supreme executive power of the state"; nominates and, with the consent of the state senate, appoints all officers whose appointments or election is not otherwise provided for; grants reprieves or pardons; issues executive orders; and serves as commander in chief of the state militia.


Lieutenant Governor 
In addition to the general requirements, to serve as Lieutenant Governor a person: 

  • must be at least thirty years of age;
  • must be a citizen of the United States; and
  • must have resided continuously in New Mexico for five years next preceding his election. (N.M. Const., Art V, Sec.3)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office acts as Governor if the Governor is absent from the state or unable to perform his duties; serves as president of the state senate; and promotes cooperation and understanding between the people of New Mexico and the various state agencies.


Secretary of State 
In addition to the general requirements, to serve as Secretary of State a person: 

  • must be at least thirty years of age;
  • must be a citizen of the United States; and
  • must have resided continuously in New Mexico for five years next preceding his election. (N.M. Const, Art V, Sec.3)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office is second in succession to the Office of Governor, after the Lieutenant Governor; is the keeper of the Great Seal of the state; serves as the chief election officer of the state; provides the depository for legislative journals and all bills passed and signed into law; and records, certifies, and files numerous business-related documents.


State Auditor 
In addition to the general requirements, to serve as State Auditor a person: 

  • must be at least thirty years of age;
  • must be a citizen of the United States; and
  • must have resided continuously in New Mexico for five years next preceding his election. (N.M., Const., Art. V, Sec.3)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office produces a complete written report of each annual or special audit of a state agency and examines all reports of audits of state agencies conducted by independent auditors under contract.

State Treasurer 
In addition to the genera] requirements, to serve as State Treasurer a person: 

  • must be at least thirty years of age;
  • must be a citizen of the United States; and
  • must have resided continuously in New Mexico for five years next preceding his election. (N.M. Const., Art. V, Sec.3)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office receives and keeps all monies of the state, except as otherwise provided; disburses state money according to law; and keeps an accurate accounting of money received and disbursed.

Attorney General 
In addition to the general requirements, to serve as Attorney General a person: 

  • must be at least thirty years of age;
  • must be a citizen of the United States; and
  • must have resided continuously in New Mexico for five years next preceding his election. (N.M. Const., Art. V; Sec.3)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office represents the legal interest of the state and provides, upon request, written legal opinions to the legislature, any state official, or any district attorney.

Commissioner of Public Lands 
In addition to the general requirements, to serve as Commissioner of Public Lands a person: 

  • must be at least thirty years of age;
  • must be a citizen of the United States; and
  • must have resided continuously in New Mexico for five years next preceding his election. (N.M. Const., Art. V, Sec3)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office makes rules governing the management and disposition of state lands and reviews all applications for the lease or purchase of state lands and timber.

Justice of the Supreme Court 
In addition to the general requirements, to serve as Supreme Court Justice a person:

  • must be at least thirty years of age;
  • must have been in actual practice in law for at least ten years preceding assumption of office; and
  • must have resided in the state for at least three years immediately preceding assumption of office. (N.M. Const., Art. VI, Sec.8)

In addition to performing other duties prescribed by law or dictated by c1,1stom, the person in this office, together with other justices. acts as a conservator of the peace; has original jurisdiction in certain cases against state officers, boards, and commissions; and has a superintending control over all inferior courts, including the authority to review any civil or criminal matter in which the decision of the court of appeals meets certain conditions prescribed by law.

Judge of the Court of Appeals 
In addition to the general requirements, to serve as Court of Appeals Judge a person: 

  • must be at least thirty-five years of age;
  • must have been engaged in actual practice of law for at least ten years preceding assumption of office; and
  • must have resided in the state for at least three years immediately preceding assumption of office. (N.M. Const., Art. VI, Sec.8)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office, together with other judges. exercises appellate jurisdiction in a number of actions and decisions specified by law.

State Representative 
In addition to the general requirements, to serve as State Representative a person: 

  • must be at least twenty-one years of age; and
  • must be a resident of district from which elected. (N.M. Const. Art. IV; Sec. 3(A) and Art. VII, Sec. 2(A))

Note: No person shall be eligible to serve in the state legislature who, at the time of qualifying, holds any office of trust or profit with the state, county or national governments, except for notaries public and officers of the militia who receive no salary. 
In addition to other duties prescribed by law or dictated by custom, the person in either of these legislative offices. together with other representatives and senators, enacts "reasonable and appropriate laws," represents the constituents in his or her district. and serves on standing or interim committees.

Public Regulation Commissioner 
In addition to the general requirements, to serve as Public Regulation Commissioner a person: 

  • must be at least eighteen years of age; and
  • must be a citizen of the United States; and
  • must reside in the district he or she represents. (N.M. Const. Art. VII, Sec. 2(A) and Art XI, Sec. 1)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office, together with other members of the Commission, shall have responsibility for chartering and regulating business corporations in such manner as the legislature shall provide, regulating public utilities including electric, natural gas and water companies; transportation companies, including common and contract carriers; transmission and pipeline companies, including telephone, telegraph and information transmission companies; insurance companies and others engaged in risk assumption; and other public service companies in such manner as the legislature shall provide. (Adopted November 5, 1996)

Member of the State Board of Education 
In addition to the general requirements, to serve as a member of the State Board of Education a person: 

  • must be at least eighteen years of age;
  • must be a United States citizen; and
  • must reside in the district he or she represents. (N.M. Cons!. Art. VII, Sec. 2(A}, and Art. XII, Sec 6(B))

In addition to performing other duties prescribed by law or dictated by custom, the person in this office, together with other members of the Board, acts as the governing authority that controls, manages, and directs all public schools, except as otherwise provided by law; appoints a state superintendent of schools; and determines the qualifications for teachers, counselors, and administrators in the public schools.

District Judge 
In addition to the general requirements, to serve as District Judge a person: 

  • must be at least thirty-five years of age;
  • must have been engaged in actual practice of law for at least six years preceding assumption of office;
  • must have resided in the state for at least three years immediately preceding assumption of office; and
  • must be a resident of the district from which elected (N.M. Const. Art. VI, Sec. 14, as amended in 1988). The increased qualifications imposed by the 1988 constitutional amendment do not apply to district judges who were serving at the time the amendment passed or who were elected at the 1988 general election.

In addition to performing other duties prescribed by law or dictated by custom, the person in this office acts as a conservator of the peace, holds preliminary examinations in criminal cases, and abides by the rules of criminal and civil procedure.

County Commissioner 
In addition to the general requirements, to serve as County Commissioner a person: 

  • must be at least eighteen years of age; and
  • must be a resident of the district (or county) from which elected.

In addition to performing other duties prescribed by law or dictated by custom, the person in this office, together with other members of the Board of County Commissioners, represents the county and its interests in all cases not otherwise provided for by law; and appoints elections officials to fill vacancies. 
(Section 4-38-1 NMSA 1978 establishes the office of county commissioner. See also Section 4-38-3 NMSA 1978; N.M. Const. Ar{ 11; Sec. 13 and Art.VII, Sec. 2(A))

County Clerk 
In addition to the general requirements, to serve as County Clerk a person: 

  • must be at least eighteen years of age. (Sections 4-38-6 NMSA 1 978 establishes the office of county clerk- See also NM Cons{ Art VII, Sec- 2(A))

In addition to performing other duties prescribed by law or dictated by custom, the person in this office serves as voter registration officer for his or her county; serves as ex-officio clerk of the Board of County Commissioners; and supervises the elections process in his or her county.

County Treasurer 
In addition to the general requirements, to serve as County Treasurer a person: 

  • must be at least eighteen years of age. (Sections 4-38-6NMSA 1978 establishes the office of county treasurer. See also NMConst Art. VII, Sec. 2(A}}

In addition to performing other duties prescribed by law or dictated by custom, the person in this office keeps an account of all county monies received and disbursed and an account of all warrants drawn on the treasury and paid.

County Assessor 
In addition to the general requirements, to serve as County Assessor a person: 

  • must be at least eighteen years of age. (Sections 4-38-6 NMSA 1978 establishes the office of county assessor. See also NM Const. Arl. VII, Sec. 2(-4))

In addition to performing other duties prescribed by law or dictated by custom; the person in this office is responsible for the tax- related valuation of all county property, with certain exceptions, and prepares a periodic property tax schedule.

County Sheriff 
In addition to the general requirements, to serve as County Sheriff, a person: 

  • must be at least eighteen years of age. (Section 4-41-1 NMSA 1978 establishes the office of county sheriff See also NM Const. Art VII. Sec 2(A))

In addition to performing other duties prescribed by law or dictated by custom, the person in this office enforces the provisions of all county ordinances; aids in the arrest and detention of escaped prisoners; and serves and' executes all process, writs, and orders directed to him or her by magistrate judges and certain others directed by municipal judges.

Probate Judge 
In addition to the general requirements, to serve as Probate Judge a person: 

  • must be at least eighteen years of age.

In addition to performing other duties prescribed by Jaw or dedicated by custom, the person in this office may take acknowledgment of any instrument of writing and may issue process and make rules to discharge the duties and business of his or her office, (NMConst. Art. VI, Sec. 23; Sections 4-41-1,34-7-1 and 34-7-2 NMSA 1978. See also NM Const. Art. VII, Sec. 2 (A)) 

Metropolitan Court 
(Bernalillo County Only) 
In addition to the general requirements, to serve as Metropolitan Court Judge a person: 

  • must be at least eighteen years of age; and
  • must be a member of the New Mexico bar and must have practiced in the state for a period of three years. 
    (NM Const. Art. VI, Sec. I and 26 and Art. VII, Sec. 2 (A); Sections 34-8A-2 and 34-81-4(B) NMSA 1978)

In addition to performing other duties prescribed by law or dictated by custom, the person in this office has .jurisdiction within the county boundaries over certain offenses and complaints under county or municipal ordinances, certain civil actions, and contested violations of parking. 

Magistrate Judge
In addition to the general requirements, to serve as Magistrate Judge a person: 

  • must be at least eighteen years of age;
  • must reside in the district from which elected;
  • must have graduated from high school or have attained the equivalent of a high school education as indicated by possession of a certificate of equivalency issued by the state department of public education based upon the record made on the general educational development test; and
  • in magistrate districts with a population of more than 200,000 persons in the last federal decennial census, must be a member of the New Mexico bar licensed to practice law in this state but shall not engage in the practice of law during tenure in office. 
    (NM Const. Art VI, Sec I and 26 establish the office of magistrate judge and authorize the legislature to set qualification:,. of office. See also Section 35-2-1 NMSA 1978 and NM Const. Art. VII, Sec. 2(A))
In addition to performing other duties prescribed by law or dictated by custom, the person in this office may perform marriages and has jurisdiction in certain civil cases and all cases of misdemeanors and petty misdemeanors in his or her district.