New Mexico § 62-6-5 - Local option
Full text of New Mexico New Mexico Statutes Annotated § 62-6-5 — Local option, with citation guidance and answers to common questions.
§ 62-6-5. Local option
Notwithstanding any of the provisions in Section 62-6-4 NMSA 1978 , any municipality desiring to avail itself of all the benefits of the Public Utility
Act and of the regulatory services of the commission may elect to come within the
provisions of that act and to have the utilities owned and operated by it, either
directly or through a municipally owned corporation, regulated and supervised under
the provisions of that act. When a municipality so elects, in the manner provided in this section, it shall
be subject to all the provisions of the Public Utility Act. The election shall be held as follows: A. at any time after the effective date of the Public Utility Act, the legal voters
of any municipality may petition in writing the governing body of the municipality
by filing a petition in the office of the municipal clerk to hold an election for
the purpose of determining whether the municipality shall be subject to the provisions
of that act. If the aggregate of the names signed to the petition equals or exceeds twenty-five
percent of the number of legal votes cast in the municipality for governor at the
last preceding general election, the governing body of the municipality shall call
an election to be held within sixty days of the filing of the petition in accordance
with the provisions of the Local Election Act. Provided, however, that if a local election is to be held within six months of the
filing of the petition, the election provided for in this section shall be held at
the same time as that election; B. the election shall be held in the same manner as and with the same registration
books as for other municipal elections. The ballots to be submitted to the voters at the election shall present the following
questions: “For regulation of municipally owned utilities by the public regulation commission __________ Against regulation of municipally owned utilities by the public regulation commission __________”. The votes at the election shall be counted, returned and canvassed as provided for
in the Local Election Act. If the majority of all the votes are in favor of regulation of municipally owned
utilities, the governing body of the municipality shall declare, by order entered
upon the records of the municipality, that it is subject to all the provisions of
the Public Utility Act. If the majority of all the votes are against such regulation, the result of the
election shall be declared and entered in the same manner; and C. no elections for the same purpose shall be held within two years of each other.
Frequently Asked Questions About New Mexico § 62-6-5
What does New Mexico Statutes Annotated § 62-6-5 cover?
Section 62-6-5 ("Local option") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 62-6-5?
A common citation format is "New Mexico Statutes Annotated § 62-6-5" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 62-6-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.