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PREAMBLE
   We, the people of the City of Albuquerque, under the law of the State of New Mexico, do ordain and establish this form of government for the City of Albuquerque, New Mexico.
(Adopted at Special Election, June 29, 1971.)
ARTICLE I. INCORPORATION AND POWERS
   The municipal corporation now existing and known as the City of Albuquerque shall remain and continue to be a body corporate and may exercise all legislative powers and perform all functions not expressly denied by general law or charter. Unless otherwise provided in this Charter, the power of the city to legislate is permissive and not mandatory. If the city does not legislate, it may nevertheless act in the manner provided by law. The purpose of this Charter is to provide for maximum local self government. A liberal construction shall be given to the powers granted by this Charter.
(Adopted at Special Election, June 29, 1971.)
ARTICLE II. ELECTIONS
Section 1. CHARTER ELECTION LAWS.
   Article II, Elections, Article XIII, Election Code, and Article XVI, Open and Ethical Elections Code, all govern elections in Albuquerque. Article II sets forth candidate qualifications, governing law, and the non-partisan election process. Article XIII establishes campaign reporting requirements, contribution limitations, and the regulation of campaign practices by the Board of Ethics. Article XVI allows candidates to run for office with public financing. Candidates may choose to run for office with either public financing or private financing. Whether publicly or privately financed, a candidate must meet the Section 4 qualification requirement of petition signatures.
(Adopted at Regular Municipal Election, October 6, 2009.)
Section 2. ELECTION DATES.
   The Councillors representing even-numbered Districts shall be elected by the voters to four- year terms at the regular municipal election held on October 7, 1975. The Mayor and the Councillors representing odd- numbered Districts shall be elected by the voters to four- year terms at the regular municipal election held on October 4, 1977. Thereafter, regular municipal elections shall be held on the first Tuesday after the first Monday in November of odd-numbered years, provided that a regular municipal election day may be set by election resolution on an alternate date when the first Tuesday after the first Monday in November falls on a recognized holiday or a recognized religious holiday or eve.
(Amended at Regular Municipal Election, October 2, 2007. Am. Ord. 2018-034)
Section 3. REFERENCE TO STATE LAW.
   (a)   The Municipal Election Code, Chapter 3, Articles 8 and 9, NMSA 1978, as amended and as supplemented from time to time, shall govern the conduct of all aspects of municipal elections, except where inconsistent with the terms of this Charter, in which event this Charter shall control.
   (b)   Any ordinance adopted subsequent to the effective date of this Section by a majority of the entire membership of the Council plus two additional members thereof voting in favor of such ordinance, and said ordinance being otherwise governed by Article XI of this Charter, which ordinance expressly provides that it is to take precedence over the Municipal Election Code, shall take precedence over such Code except where such ordinance is inconsistent with the terms of this Charter, in which event this Charter shall control.
Section 4. QUALIFICATIONS FOR MAYOR AND COUNCILLORS.
   Persons desiring to become candidates for Mayor shall, before being placed on the ballot, file with the City Clerk a petition containing signatures of three thousand (3,000) registered city voters. Persons desiring to become candidates for District Councillor shall, before being placed on the ballot, file with the City Clerk a petition containing signatures of five hundred (500) registered voters residing in the district which the person desires to represent.
(Amended at a Special Election held in conjunction with a Regular Municipal Election, October 5, 1999, as Question #3. Amended at a Regular Municipal Election, October 6, 2009.)
Section 5. DESIGNATION OF CANDIDATES.
   The ballots shall be printed by the city and shall contain the names of the candidates without party or other designation. In city elections, paper ballots may be used exclusively if found more expedient or desir- able. Where voting machines are used, any references to ballots will apply equally to voting machines.
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