2-7F-4: Elections; vacancies.

A. Members of the house of representatives shall be elected for terms of two years.

B. If a vacancy occurs in the office of representative for any reason, the vacancy shall be filled as follows:

(1) for a representative district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the representative to fill the vacancy; and

(2) for a representative district situated within two or more counties:

(a) the board of county commissioners of each county in the representative district shall submit one name to the governor; and

(b) the governor shall appoint the representative to fill the vacancy from the list of names so submitted.

C. An appointment to fill a vacancy in the house of representatives shall be for a term ending on December 31 after the next general election.

D. An appointment to fill a vacancy made before the general election of 2022 shall be made from the district as it was described in Section 2-7E-1 NMSA 1978, as established by the court in Egolf v. Duran, D-101-CV-2011-02942 (1st Dist. Ct., Judgment and Final Order on Remand (State House of Representatives Trial) filed February 28, 2012). On or after the general election of 2022, a vacancy shall be filled by appointment from the district as set out in the 2021 House Redistricting Act.