New Mexico

Officers Subject to Recall:

  • Elected official of a county.

Key Steps in the Recall Process:

  • A recall election cannot be conducted after May 1 in a calendar year in which an election is to be held for the office subject to the proposed recall.
  • Grounds for recall are malfeasance or misfeasance in office or violation of the oath of office during the official’s current term. Prior to circulating a petition, there must be a court hearing to determine if there is probably cause for the grounds for recall.
  • No time limit for gathering signatures.
  • Signature requirement is number equal to 33⅓% of persons who voted in the last election for the office.

Read the code at Const. Art. 10, §9.

Court Activity

No current cases.

News & Commentary

Recall Petitions filed in New Mexico City | 02/10/15

LAS CRUCES -- Petitions to recall Las Cruces city councilors Gill Sorg, Olga Pedroza, and Nathan Small were submitted on Feb. 6. The city clerk has 20 working days to verify the signatures on the petitions.

The recall campaign was organized by a group, New Mexicans for a Better Tomorrow. The group quickly raised more than $30,000, mostly from local businessmen. In the last year, many in the business community have opposed a new minimum wage law drafted by the group Communities in Action and Faith.

The three councilors targeted in the recall voted against the minimum wage law in a stated effort to get the measure on the November ballot. But that effort failed when the other councilors and the Mayor voted to approve the law with stated intentions of making adjustments at a later date.

Read more.

Each state has its own requirements as to the manner in which petitions must be collected, signed and filed. It is imperative that official recall committees are legally formed in each state according to the state laws and regulations. The handling of the petitions must comply with the laws and regulations of each state.