A. Members of the senate shall be elected for terms of four years.B. If a vacancy occurs in the office of senator for any reason, the vacancy shall be filled as follows:(1) for a senate district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the senator to fill the vacancy; and(2) for a senate district situated within two or more counties:(a) the board of county commissioners of each county in the senate district shall submit one name to the governor; and(b) the governor shall appoint the senator to fill the vacancy from the list of names so submitted.C. All appointments to fill vacancies in the senate shall be for a term ending on December 31 subsequent to the next succeeding general election, at which general election a person shall be elected to fill the remainder of any unexpired term.D. An appointment to fill a vacancy made before the general election of 2024 shall be made from the district as it was described in Section 2-8E-1 NMSA 1978, as established by the court in Egolf v. Duran, D-101-CV-2011-02942 (1st Dist. made before the general election of 2024 shall be made from the district as it was described in Section 2-8E-1 NMSA 1978, as established by the court in Egolf v. Duran, D-101-CV-2011-02942 (1st Dist. Ct., Judgement and Final Order (State Senate Trial) filed January 25, 2012). On or after the general election of 2024, a vacancy shall be filled by appointment from the district as set out in the 2021 Senate Redistricting Act.History: Laws 2021 (2nd S.S.), ch. 7, § 4. ANNOTATIONSEffective dates. — Laws 2021 (2nd S.S.), ch. 7 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective March 17, 2022, 90 days after adjournment of the legislature.
New Mexico Legal Code