CITY of ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO. O-24-16_______ ENACTMENT NO. ________________________
SPONSORED BY: Joaquín Baca, by request
ORDINANCE
title
Amending Chapter 2, Article 4 Of The City Code Relating To Elections And Petitions (Baca, by request)
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AMENDING CHAPTER 2, ARTICLE 4 OF THE CITY CODE RELATING TO ELECTIONS AND PETITIONS.
WHEREAS, the bill aims to make changes to the existing provisions of the ordinance to mitigate redundancy; and
WHEREAS, it is necessary to align with Section 1-22-18 NMSA 1978, which delineates the timeframe for when a candidate assumes office, ensuring consistency and compliance with state law.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. ROA 1994, Chapter 2, Article 4 is hereby amended as follows and its sections and subsections are to be renumbered accordingly:
Ҥ 2-4-6 REGULAR MUNICIPAL ELECTION; TAKING OFFICE.
(A) Each candidate, elected to the office of Mayor or Councilor, shall personally appear before the City Clerk at a time and place specified by the City Clerk, [but not earlier than after canvass] [within ten days] and after the candidate has received the certificate of election and not later than the administration of the oath of office. When the candidate appears, the candidate shall sign a written statement acknowledging receipt of the certificate of election and acknowledging that the candidate is legally qualified to hold office. The City Clerk shall cause a copy of the certificate of election and the written receipt and qualification statement to be filed in the Journal of the Council.
(B) The City Clerk or any other person allowed by law to administer oaths shall administer the oath of office to each candidate who has provided the written receipt and qualifications statement to the City Clerk. A public ceremony repeating the swearing in shall also be conducted on or about January 1, following each election. Officials who have satisfied the requirements of division ‘(A)’ or ‘(C)’ of this section shall be deemed to have taken office on January 1, regardless of the date of the public swearing in ceremony.
(C) If a candidate fails to appear as required in division (A) of this section, then the candidate or the candidate's authorized personal representative shall file an affidavit with the City Clerk, not later than 5:00 p.m. on the fifth day after the time specified by the City Clerk pursuant to division (A) of this section, stating that the candidate was unable to personally appear before the City Clerk as required by division (A) of this section. If such an affidavit is timely filed, the candidate shall appear before the City Clerk not later than 5:00 p.m. on the 15th day following the specified date for the commencement of the term of office to provide the election certificate, file the receipt and qualifications statement and take the oath of office.
(D) If a candidate fails to comply with division (A) of this section prior to the specified date for the commencement of the term of office, then the person holding the office shall remain in office until the candidate takes office or the office is declared vacant.
(E) If a candidate fails to comply with division (A) or division (C) of this section, then that office is deemed vacant.
[§ 2-4-15 LIMITATION ON USE OF FUNDS.
(A) Short title. This section may be referred to as the "Limitation on Use of Open and Ethical Elections Code Funds Ordinance".
(B) Limitation on use of funds. Funds distributed to participating candidates under the provisions of the Open and Ethical Elections Code, in addition to the limitations contained in that Code, shall not be used for the following purposes:
(1) The purchase of "alcoholic beverages" as that term is defined at § 13-2-2 ROA 1994.
(2) Any payment to a registered voter in exchange for that voter agreeing to vote in an election.
(C) Penalty. Violation of this section shall be a criminal act punishable as provided for at § 1-1-99 ROA 1994.]
SECTION 2. SEVERABILITY CLAUSE. If any section, paragraph, word or phrase of this ordinance is for any reason held to be invalid, or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. Section 1 of this ordinance shall amend, be incorporated in, and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 4. EFFECTIVE DATE. This ordinance shall take effect five (5) days after publication by title and general summary.
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