N.M. Stat. § 22-3B-16
Continuing terms; vacancies.
A. A public education commissioner who is serving on the public education
commission as of the effective date of this section shall serve the remainder of the term
for which the commissioner was elected or appointed.
B. The governor shall by appointment fill a vacancy on the public education
commission. An appointment to fill a vacancy on the public education commission shall
be for a term ending on December 31 after the next general election, at which election a
person shall be elected to fill any remainder of the unexpired term.
C. Before the general election of 2022, an appointment to fill a vacancy on the
public education commission shall be made from the district as it existed when the
person creating the vacancy in office was elected or appointed.
D. After the general election of 2022, an appointment to fill a vacancy in district two,
three, five, six or seven shall be made from the district as set out in Sections 7 [22-3B-7
NMSA 1978], 8 [22-3B-8 NMSA 1978], 10 [22-3B-10 NMSA 1978], 11 [22-3B-11 NMSA
1978] and 12 [22-3B-12 NMSA 1978] of the 2021 Educational Redistricting Act.
E. After the general election of 2022 and before the general election of 2024, an
appointment to fill a vacancy in district one, four, eight, nine or ten shall be made from
the district as it existed when the person creating the vacancy in office was elected or
appointed. After the general election of 2024, an appointment to fill a vacancy in district
one, four, eight, nine or ten shall be made from the district as set out in Sections 6 [22-
3B-6 NMSA 1978], 9 [22-3B-9 NMSA 1978], 13 [22-3B-13 NMSA 1978], 14 [22-3B-14
NMSA 1978] and 15 [22-3B-15 NMSA 1978] of the 2021 Educational Redistricting Act.