New Mexico Constitution
Introduction
PREAMBLE
Article I
Distribution of Powers
Art. I §0 | NAME AND BOUNDARIES
thence along said one hundred and third meridian to the thirtysecond parallel of north latitude;
thence along said thirty-second parallel to the Rio Grande, also known as the Rio Bravo del Norte, as it existed on the ninth day of September, one thousand eight hundred and fifty; thence, following the main channel of said river, as it existed on the ninth day of September, one thousand eight hundred and fifty, to the parallel of thirty-one degrees forty-seven minutes north latitude;
thence west one hundred miles to a point;
thence south to the parallel of thirty-one degrees twenty minutes north latitude;
thence along said parallel of thirty-one degrees twenty minutes, to the thirty-second meridian of longitude west from Washington;
thence along said thirty-second meridian to the thirty-seventh parallel of north latitude;
thence along said thirty-seventh parallel to the point of beginning.
Article II
Boundaries of the State
Art. II §1 | SUPREME LAW OF THE LAND
Art. II §2 | POPULAR SOVEREIGNTY
Art. II §3 | RIGHT OF SELF-GOVERNMENT
Art. II §4 | INHERENT RIGHTS
Art. II §5 | RIGHTS UNDER TREATY OF GUADALUPE HIDALGO PRESERVED
Art. II §6 | RIGHT TO BEAR ARMS
Art. II §7 | HABEAS CORPUS
Art. II §8 | FREEDOM OF ELECTIONS
Art. II §9 | MILITARY POWER SUBORDINATE; QUARTERING OF SOLDIERS
Art. II §10 | SEARCHES AND SEIZURES
Art. II §11 | FREEDOM OF RELIGION
Art. II §12 | TRIAL BY JURY; LESS THAN UNANIMOUS VERDICTS IN CIVIL CASES
Art. II §13 | BAIL; EXCESSIVE FINES; CRUEL AND UNUSUAL PUNISHMENT
Bail may be denied by a court of record pending trial for a defendant charged with a felony if the prosecuting authority requests a hearing and proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. An appeal from an order denying bail shall be given preference over all other matters.
A person who is not detainable on grounds of dangerousness nor a flight risk in the absence of bond and is otherwise eligible for bail shall not be detained solely because of financial inability to post a money or property bond. A defendant who is neither a danger nor a flight risk and who has a financial inability to post a money or property bond may file a motion with the court requesting relief from the requirement to post bond. The court shall rule on the motion in an expedited manner.
Art. II §14 | INDICTMENT AND INFORMATION; GRAND JURIES; RIGHTS OF ACCUSED
A grand jury shall be composed of such number, not less than twelve, as may be prescribed by law. Citizens only, residing in the county for which a grand jury may be convened and qualified as prescribed by law, may serve on a grand jury. Concurrence necessary for the finding of an indictment by a grand jury shall be prescribed by law; provided, such concurrence shall never be by less than a majority of those who compose a grand jury, and, provided, at least eight must concur in finding an indictment when a grand jury is composed of twelve in number. Until otherwise prescribed by law a grand jury shall be composed of twelve in number of which eight must concur in finding an indictment. A grand jury shall be convened upon order of a judge of a court empowered to try and determine cases of capital, felonious or infamous crimes at such times as to him shall be deemed necessary, or a grand jury shall be ordered to convene by such judge upon the filing of a petition therefor signed by not less than the greater of two hundred registered voters or two percent of the registered voters of the county, or a grand jury may be convened in any additional manner as may be prescribed by law.
In all criminal prosecutions, the accused shall have the right to appear and defend himself in person, and by counsel; to demand the nature and cause of the accusation; to be confronted with the witnesses against him; to have the charge and testimony interpreted to him in a language that he understands; to have compulsory process to compel the attendance of necessary witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Art. II §15 | SELF-INCRIMINATION; DOUBLE JEOPARDY
Art. II §16 | TREASON
Art. II §17 | FREEDOM OF SPEECH AND PRESS; LIBEL
Art. II §18 | DUE PROCESS; EQUAL PROTECTION; SEX DISCRIMINATION
Art. II §19 | RETROACTIVE LAWS; BILLS OF ATTAINDER; IMPAIRMENT OF CONTRACTS
Art. II §20 | EMINENT DOMAIN
Art. II §21 | IMPRISONMENT FOR DEBT
Art. II §23 | RESERVED RIGHTS
Art. II §24 | VICTIM’S RIGHTS
(2) the right to timely disposition of the case;
(3) the right to be reasonably protected from the accused throughout the criminal justice process;
(4) the right to notification of court proceedings;
(5) the right to attend all public court proceedings the accused has the right to attend;
(6) the right to confer with the prosecution;
(7) the right to make a statement to the court at sentencing and at any postsentencing hearings for the accused;
(8) the right to restitution from the person convicted of the criminal conduct that caused the victim's loss or injury;
(9) the right to information about the conviction, sentencing, imprisonment, escape or release of the accused;
(10) the right to have the prosecuting attorney notify the victim's employer, if requested by the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that may necessitate the absence of the victim from work for good cause; and
(11) the right to promptly receive any property belonging to the victim that is be ing held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property.
C. The provisions of this amendment shall not take effect until the legislature enacts laws to implement this amendment.
Article III
Bill of Rights
Art. III §1 | SEPARATION OF DEPARTMENTS; ESTABLISHMENT OF WORKERS COMPENSATION BODY
Article IV
Legislative Department
Art. IV §1 | VESTING OF LEGISLATIVE POWER; LOCATION OF SESSIONS; REFERENDUM ON LEGISLATION
The people reserve the power to disapprove, suspend and annul any law enacted by the legislature, except general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws. Petitions disapproving any law other than those above excepted, enacted at the last preceding session of the legislature, shall be filed with the secretary of state not less than four months prior to the next general election. Such petitions shall be signed by not less than ten per centum of the qualified electors of each of three-fourths of the counties and in the aggregate by not less than ten per centum of the qualified electors of the state, as shown by the total number of votes cast at the last preceding general election. The question of the approval or rejection of such law shall be submitted by the secretary of state to the electorate at the next general election; and if a majority of the legal votes cast thereon, and not less than forty per centum of the total number of legal votes cast at such general election, be cast for the rejection of such law, it shall be annulled and thereby repealed with the same effect as if the legislature had then repealed it, and such repeal shall revive any law repealed by the act so annulled; otherwise, it shall remain in force unless subsequently repealed by the legislature. If such petition or petitions be signed by not less than twenty-five per centum of the qualified electors under each of the foregoing conditions, and be filed with the secretary of state within ninety days after the adjournment of the session of the legislature at which such law was enacted, the operation thereof shall be thereupon suspended and the question of its approval or rejection shall be likewise submitted to a vote at the next ensuing general election. If a majority of the votes cast thereon and not less than forty per centum of the total number of votes cast at such general election be cast for its rejection, it shall be thereby annulled; otherwise, it shall go into effect upon publication of the certificate of the secretary of state declaring the result of the vote thereon. It shall be a felony for any person to sign any such petition with any name other than his own, or to sign his name more than once for the same measure, or to sign such petition when he is not a qualified elector in the county specified in such petition; provided, that nothing herein shall be construed to prohibit the writing thereon of the name of any person who cannot write, and who signs the same with his mark. The legislature shall enact laws necessary for the effective exercise of the power hereby reserved.
Art. IV §2 | POWERS GENERALLY; DISASTER EMERGENCY PROCEDURE
Art. IV §3 | NUMBER AND QUALIFICATIONS OF MEMBERS; SINGLE-MEMBER DISTRICTS; REAPPORTIONMENT
B. The senate shall be composed of no more than forty-two members elected from single-member districts.
C. The house of representatives shall be composed of no more than seventy members elected from single-member districts.
D. Once following publication of the official report of each federal decennial census hereafter conducted, the legislature may by statute reapportion its membership.
Art. IV §4 | TERMS OF OFFICE OF MEMBERS; TIME OF ELECTION; FILLING OF VACANCIES
Such legislative appointments as provided in this section shall be for a term ending on December 31, subsequent to the next succeeding general election.
Art. IV §5 | TIME AND LENGTH OF SESSIONS; ITEMS CONSIDERED IN EVEN-NUMBERED YEARS
B. Every regular session of the legislature convening during an even-numbered year shall consider only the following:
(2) bills drawn pursuant to special messages of the governor; and
(3) bills of the last previous regular session vetoed by the governor.
Art. IV §6 | SPECIAL SESSION; EXTRAORDINARY SESSION
Art. IV §7 | JUDGE OF ELECTION AND QUALIFICATION OF MEMBERS; QUORUM
Art. IV §8 | CALL TO ORDER; PRESIDING OFFICERS
Art. IV §9 | SELECTION AND COMPENSATION OF OFFICERS AND EMPLOYEES
Art. IV §10 | COMPENSATION OF MEMBERS
B. per diem expense and mileage at the same rates as provided in Subsection A of this section for service at meetings required by legislative committees established by the legislature to meet in the interim between sessions; and
C. no other compensation, perquisite or allowance.
Art. IV §11 | RULES OF PROCEDURE; CONTEMPT OR DISORDERLY CONDUCT; EXPULSION OF MEMBERS
Art. IV §12 | PUBLIC SESSIONS; JOURNALS
Art. IV §13 | PRIVILEGES AND IMMUNITIES
Art. IV §14 | ADJOURNMENT
Art. IV §15 | LAWS TO BE PASSED BY BILL; ALTERATION OF BILL; ENACTING CLAUSE; PRINTING AND READING OF BILL
Art. IV §16 | SUBJECT OF BILL IN TITLE; APPROPRIATION BILLS
Art. IV §17 | PASSAGE OF BILLS
Art. IV §18 | AMENDMENT OF STATUTES
Notwithstanding the foregoing or any other provision of this constitution, the legislature, in any law imposing a tax or taxes, may define the amount on, in respect to or by which such tax or taxes are imposed or measured, by reference to any provision of the laws of the United States as the same may be or become effective at any time or from time to time, and may prescribe exceptions or modifications to any such provision.
Art. IV §19 | INTRODUCTION OF BILLS
Art. IV §20 | ENROLLMENT, ENGROSSMENT AND SIGNING OF BILLS
Art. IV §21 | ALTERATION OR THEFT OF BILL
Art. IV §22 | GOVERNOR’S APPROVAL OR VETO OF BILLS
Art. IV §23 | EFFECTIVE DATE OF LAW; EMERGENCY ACTS
Art. IV §24 | LOCAL OR SPECIAL LAWS
the jurisdiction and duties of justices of the peace, police magistrates and constables;
the practice in courts of justice; the rate of interest on money;
the punishment for crimes and misdemeanors;
the assessment or collection of taxes or extending the time of collection thereof;
the summoning and impaneling of jurors;
the management of public schools;
the sale or mortgaging of real estate of minors or others under disability;
the change of venue in civil or criminal cases.
laying out, opening, altering or working roads or highways, except as to state roads extending into more than one county, and military roads;
vacating roads, town plats, streets, alleys or public grounds;
locating or changing county seats, or changing county lines, except in creating new counties;
incorporating cities, towns or villages, or changing or amending the charter of any city, town or village;
the opening or conducting of any election or designating the place of voting;
declaring any person of age;
chartering or licensing ferries, toll bridges, toll roads, banks, insurance companies or loan and trust companies;
remitting fines, penalties, forfeitures or taxes; or
refunding money paid into the state treasury, or relinquishing, extending or extinguishing, in whole or in part, any indebtedness or liability of any person or corporation, to the state or any municipality therein;
creating, increasing or decreasing fees, percentages or allowances of public officers;
changing the laws of descent;
granting to any corporation, association or individual the right to lay down railroad tracks or any special or exclusive privilege, immunity or franchise, or amending existing charters for such purpose;
changing the rules of evidence in any trial or inquiry;
the limitation of actions;
giving effect to any informal or invalid deed, will or other instrument;
exempting property from taxation;
restoring to citizenship any person convicted of an infamous crime;
the adoption or legitimizing of children;
changing the name of persons or places; and
the creation, extension or impairment of liens.
Art. IV §25 | VALIDATING UNAUTHORIZED OFFICIAL ACTS; FINES AGAINST OFFICERS, ETC
Art. IV §26 | GRANT OF FRANCHISE OR PRIVILEGE
Art. IV §27 | EXTRA OR INCREASED COMPENSATION FOR OFFICERS, CONTRACTORS, ETC
Art. IV §28 | APPOINTMENT OF PRESENT AND FORMER LEGISLATORS TO OFFICE; INTEREST OF LEGISLATORS IN CONTRACTS
Art. IV §29 | LAWS CREATING DEBTS
Art. IV §30 | PAYMENTS FROM TREASURY TO BE UPON APPROPRIATIONS AND WARRANT
Art. IV §31 | APPROPRIATIONS FOR CHARITABLE, EDUCATIONAL, ETC, PURPOSES
Art. IV §32 | REMISSION OF DEBTS DUE STATE OR MUNICIPALITIES
Art. IV §33 | PROSECUTIONS UNDER REPEALED LAWS
Art. IV §34 | CHANGE OF RIGHTS OR PROCEDURE IN PENDING CASES
Art. IV §35 | POWER AND PROCEDURE FOR IMPEACHMENT AND TRIAL
Art. IV §36 | OFFICERS SUBJECT TO IMPEACHMENT
Art. IV §37 | RAILROAD PASSES
Art. IV §38 | MONOPOLIES
Art. IV §39 | BRIBERY AND SOLICITATION DEFINED
Art. IV §40 | PENALTY FOR BRIBERY
Art. IV §41 | COMPELLING TESTIMONY IN BRIBERY CASES
Art. IV §42 | HEARINGS ON CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
Article V
Executive
Art. V §1 | COMPOSITION OF DEPARTMENT; TERMS OF OFFICE OF MEMBERS; RESIDING AND MAINTAINING RECORDS AT SEAT OF GOVERNMENT
Such officers shall, after having served two terms in a state office, be ineligible to hold that state office until one full term has intervened.
The officers of the executive department, except the lieutenant governor, shall during their terms of office, reside and keep the public records, books, papers and seals of office at the seat of government.
Upon the adoption of this amendment by the people, the terms provided for in this section shall apply to those officers elected at the general election in 1990 and all state executive officers elected thereafter.
Art. V §2 | CANVASS OF ELECTIONS; TIE VOTES
Art. V §3 | QUALIFICATIONS OF EXECUTIVE OFFICERS
Art. V §4 | GOVERNOR’S EXECUTIVE POWER; COMMANDER OF MILITIA
Art. V §5 | GOVERNOR’S APPOINTIVE AND REMOVAL POWER; INTERIM APPOINTEES
Art. V §6 | GOVERNOR’S POWER TO PARDON AND REPRIEVE
Art. V §7 | SUCCESSION TO GOVERNORSHIP
If after the governor-elect has qualified a vacancy occurs in the office of governor, the lieutenant governor shall succeed to that office, and to all the powers, duties and emoluments thereof, provided he has by that time qualified for the office of lieutenant governor. In case the governor is absent from the state, or is for any reason unable to perform his duties, the lieutenant governor shall act as governor, with all the powers, duties and emoluments of that office until such disability be removed. In case there is no lieutenant governor, or in case he is for any reason unable to perform the duties of governor, then the secretary of state shall perform the duties of governor, and, in case there is no secretary of state, then the president pro tempore of the senate, or in case there is no president pro tempore of the senate, or he is for any reason unable to perform the duties of governor, then the speaker of the house shall succeed to the office of governor, or act as governor as hereinbefore provided.
Art. V §8 | LIEUTENANT GOVERNOR TO BE PRESIDENT OF SENATE
Art. V §9 | PUBLIC ACCOUNTS AND REPORTS
Art. V §10 | STATE SEAL
Art. V §11 | COMMISSIONS
Art. V §12 | COMPENSATION OF EXECUTIVE OFFICERS
secretary of state, three thousand dollars [($3,000)];
state auditor, three thousand dollars [($3,000)];
state treasurer, three thousand dollars [($3,000)];
attorney general, four thousand dollars [($4,000)];
superintendent of public instruction, three thousand dollars [$3,000)]; and
commissioner of public lands, three thousand dollars [($3,000)];
The lieutenant governor shall receive ten dollars [($10.00)] per diem while acting as presiding officer of the senate, and mileage at the same rate as a state senator.
The compensation herein fixed shall be full payment for all services rendered by said officers and they shall receive no other fees or compensation whatsoever.
The compensation of any of said officers may be increased or decreased by law after the expiration of ten years from the date of the admission of New Mexico as a state.
Art. V §13 | RESIDENCE OF PUBLIC OFFICERS; ELECTION FROM EQUAL DISTRICTS
Counties, school districts and municipalities may be divided by their governing bodies into districts composed of populations as nearly equal as practicable for the purpose of electing the members of the respective governing bodies.
Art. V §14 | STATE TRANSPORTATION COMMISSION
Art. V §15 | CONFIRMATION OF CABINET SECRETARIES
Art. V §16 | VACANCY IN THE OFFICE OF THE LIEUTENANT GOVERNOR
Art. V §17 | STATE ETHICS COMMISSION
B. The state ethics commission may initiate, receive, investigate and adjudicate complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements, as may be provided by law, for state officers and employees of the executive and legislative branches of government, candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts and have such other jurisdiction as provided by law.
C. The state ethics commission may require the attendance of witnesses or the production of records and other evidence relevant to an investigation by subpoena as provided by law and shall have such other powers and duties and administer or enforce such other acts as further provided by law.
Article VI
Judiciary
Art. VI §1 | JUDICIAL POWER VESTED
Art. VI §2 | SUPREME COURT; APPELLATE JURISDICTION
Art. VI §3 | SUPREME COURT; ORIGINAL JURISDICTION; SUPERVISORY CONTROL; EXTRAORDINARY WRITS
Art. VI §4 | SUPREME COURT; SELECTION OF CHIEF JUSTICE
Art. VI §5 | SUPREME COURT; QUORUM; MAJORITY CONCURRING IN JUDGMENTS
Art. VI §6 | SUPREME COURT; ABSENT OR DISQUALIFIED JUSTICE
Art. VI §7 | SUPREME COURT; TERMS, SESSIONS AND RECESSES
Art. VI §8 | SUPREME COURT; QUALIFICATIONS OF JUSTICES
Art. VI §9 | SUPREME COURT; OFFICERS
Art. VI §10 | SUPREME COURT; ADDITIONAL JUSTICES
Art. VI §11 | SUPREME COURT; SALARY OF JUSTICES
Art. VI §12 | JUDICIAL DISTRICTS; DISTRICT JUDGES
Art. VI §13 | DISTRICT COURT; JURISDICTION AND TERMS
Art. VI §14 | DISTRICT COURT; QUALIFICATIONS AND RESIDENCE REQUIREMENT OF JUDGES
Art. VI §15 | DISTRICT COURT; JUDGES PRO TEMPORE
B. Whenever the public business may require, the chief justice of the supreme court shall designate any district judge of the state, or any justice of the supreme court when no district judge may be available within a reasonable time, to hold court in any district, and two or more judges may sit in any district or county separately at the same time.
C. If any district judge is disqualified from hearing any cause or is unable to expeditiously dispose of any cause in the district, the chief justice of the supreme court may designate any retired New Mexico district judge, court of appeals judge or supreme court justice, with said designees' consent, to hear and determine the cause and to act as district judge pro tempore for such cause.
D. If any judge shall be disqualified from hearing any cause in the district, the parties to such cause, or their attorneys of record, may select some member of the bar to hear and determine said cause, and act as judge pro tempore therein.
Art. VI §16 | DISTRICT COURT; ADDITIONAL JUDGES; REDISTRICTING
Art. VI §17 | DISTRICT COURT; JUDGES' COMPENSATION
Art. VI §18 | DISQUALIFICATION OF JUDGES OR MAGISTRATES
Art. VI §19 | INELIGIBILITY OF JUSTICES OR JUDGES FOR NONJUDICIAL OFFICES
Art. VI §20 | STYLE OF WRITS AND PROCESSES
Art. VI §21 | JUDGES AS CONSERVATORS OF THE PEACE; PRELIMINARY EXAMINATIONS IN CRIMINAL CASES
Art. VI §22 | COUNTY CLERK AS DISTRICT AND PROBATE COURT CLERK
Art. VI §23 | PROBATE COURT
Art. VI §24 | DISTRICT ATTORNEYS
The legislature shall have the power to provide for the election of additional district attorneys in any judicial district and to designate the counties therein for which the district attorneys shall serve; but no district attorney shall be elected for any district of which he is not a resident.
Art. VI §26 | MAGISTRATE COURT
Art. VI §27 | APPEALS FROM PROBATE COURTS AND OTHER INFERIOR COURTS
Art. VI §28 | COURT OF APPEALS; NUMBER, QUALIFICATIONS, COMPENSATION; QUORUM; MAJORITY CONCURRING IN JUDGMENT; POWER OF CHIEF JUSTICE TO SELECT ACTING JUSTICES
Three judges of the court of appeals shall constitute a quorum for the transaction of business, and a majority of those participating must concur in any judgment of the court.
When necessary, the chief justice of the supreme court may designate any justice of the supreme court, or any district judge of the state, to act as a judge of the court of appeals, and the chief justice may designate any judge of the court of appeals to hold court in any district, or to act as a justice of the supreme court.
Art. VI §29 | COURT OF APPEALS; JURISDICTION; ISSUANCE OF WRITS
Art. VI §30 | FEES COLLECTED BY JUDICIARY PAID TO STATE TREASURY
Art. VI §31 | JUSTICES OF THE PEACE ABOLISHED
Art. VI §32 | JUDICIAL STANDARDS COMMISSION
In accordance with this section, any justice, judge or magistrate of any court may be disciplined or removed for willful misconduct in office, persistent failure or inability to perform a judge's duties, or habitual intemperance, or may be retired for disability seriously interfering with the performance of the justice's, judge's or magistrate's duties that is, or is likely to become, of a permanent character. The commission may, after investigation it deems necessary, order a hearing to be held before it concerning the discipline, removal or retirement of a justice, judge or magistrate, or the commission may appoint three masters who are justices or judges of courts of record to hear and take evidence in the matter and to report their findings to the commission. After hearing or after considering the record and the findings and report of the masters, if the commission finds good cause, it shall recommend to the supreme court the discipline, removal or retirement of the justice, judge or magistrate.
The supreme court shall review the record of the proceedings on the law and facts and may permit the introduction of additional evidence, and it shall order the discipline, removal or retirement as it finds just and proper or wholly reject the recommendation. Upon an order for retirement, any justice, judge or magistrate participating in a statutory retirement program shall be retired with the same rights as if the justice, judge or magistrate had retired pursuant to the retirement program. Upon an order for removal, the justice, judge or magistrate shall thereby be removed from office, and the justice's, judge's or magistrate's salary shall cease from the date of the order.
All papers filed with the commission or its masters, and proceedings before the commission or its masters, are confidential. The filing of papers and giving of testimony before the commission or its masters is privileged in any action for defamation, except that the record filed by the commission in the supreme court continues privileged but, upon its filing, loses its confidential character, and a writing that was privileged prior to its filing with the commission or its masters does not lose its privilege by the filing. The commission shall promulgate regulations establishing procedures for hearings under this section. No justice, judge or magistrate who is a member of the commission or supreme court shall participate in any proceeding involving the justice's, judge's or magistrate's own discipline, removal or retirement.
This section is alternative to, and cumulative with, the removal of justices, judges and magistrates by impeachment and the original superintending control of the supreme court.
Art. VI §33 | RETENTION OR REJECTION AT GENERAL ELECTION
B. Each justice of the supreme court or judge of the court of appeals shall be subject to retention or rejection in like manner at the general election every eighth year.
C. Each district judge shall be subject to retention or rejection in like manner at the general election every sixth year.
D. Each metropolitan court judge shall be subject to retention or rejection in like manner at the general election every fourth year.
E. Every justice of the supreme court, judge of the court of appeals, district judge or metropolitan court judge holding office on January 1 next following the date of the election at which this amendment is adopted shall be deemed to have fulfilled the requirements of Subsection A of this section and the justice or judge shall be eligible for retention or rejection by the electorate at the general election next preceding the end of the term of which the justice or judge was last elected prior to the adoption of this amendment.
Art. VI §34 | VACANCIES IN OFFICE; DATE FOR FILING DECLARATION OF CANDIDACY
Art. VI §35 | APPELLATE JUDGES NOMINATING COMMISSION
two judges of the court of appeals appointed by the chief judge of the court of appeals;
the governor,
the speaker of the house of representatives and
the president pro tempore of the senate
the other who shall be a citizen who is not licensed to practice law in any state;
a faculty member,
a retired faculty member or
a former dean of the university of New Mexico school of law;
The commission shall actively solicit, accept and evaluate applications from qualified lawyers for the position of justice of the supreme court or judge of the court of appeals and may require an applicant to submit any information it deems relevant to the consideration of the application.
Upon the occurrence of an actual vacancy in the office of justice of the supreme court or judge of the court of appeals, the commission shall meet within thirty days and within that period submit to the governor the names of persons qualified for the judicial office and recommended for appointment to that office by a majority of the commission.
Immediately after receiving the commission nominations, the governor may make one request of the commission for submission of additional names, and the commission shall promptly submit such additional names if a majority of the commission finds that additional persons would be qualified and recommends those persons for appointment to the judicial office. The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of justice of the supreme court or judge of the court of appeals within thirty days after receiving final nominations from the commission by appointing one of the persons nominated by the commission for appointment to that office. If the governor fails to make the appointment within that period or from those nominations, the appointment shall be made from those nominations by the chief justice or the acting chief justice of the supreme court. The person appointed shall serve until the first general election following one year after appointment. The appointee's successor shall be chosen at such election and shall hold the office until the expiration of the term in effect at the time of election.
Art. VI §36 | DISTRICT COURT JUDGES NOMINATING COMMITTEE
there shall be only one appointment from the court of appeals; and
the citizen members and state bar members shall be persons who reside in that judicial district.
Art. VI §37 | METROPOLITAN COURT JUDGES NOMINATING COMMITTEE
Art. VI §38 | CHIEF JUDGE OF DISTRICT AND METROPOLITAN COURT DISTRICTS
Art. VI §39 | CREATION OF PUBLIC DEFENDER DEPARTMENT AND PUBLIC DEFENDER COMMISSION
B. The "public defender commission" is established. The public defender com mission shall appoint the chief public defender. The public defender commission shall exercise independent oversight of the department and provide guidance to the chief public defender in the administration of the department and the representation of indigent persons. The commission shall not interfere with the discretion or the professional judgment or advocacy of a public defender office, a public defender contractor or assigned counsel in the representation of individual cases. Terms, qualifications and membership of the public defender commission shall be as provided by law.
Article VII
Corporations
Art. VII §1 | QUALIFICATIONS OF VOTERS; ABSENTEE VOTING; SCHOOL ELECTIONS; REGISTRATION
B. The legislature shall have the power to require the registration of the qualified electors as a requisite for voting and shall regulate the manner, time and places of voting. The legislature shall enact such laws as will secure the secrecy of the ballot and the purity of elections and guard against the abuse of elective franchise. Not more than two members of the board of registration and not more than two judges of election shall belong to the same political party at the time of their appointment.
Art. VII §2 | QUALIFICATIONS FOR HOLDING OFFICE
B. The legislature may provide by law for such qualifications and standards as may be necessary for holding an appointive position by any public officer or employee.
C. The right to hold public office in New Mexico shall not be denied or abridged on account of sex, and wherever the masculine gender is used in this con stitution, in defining the qualifications for specific offices, it shall be construed to include the feminine gender. The payment of public road poll tax, school poll tax or service on juries shall not be made a prerequisite to the right of a person to vote or hold office.
Art. VII §3 | RELIGIOUS AND RACIAL EQUALITY PROTECTED; RESTRICTIONS ON AMENDMENTS
Art. VII §4 | RESIDENCE
Art. VII §5 | ELECTION BY BALLOT; PLURALITY ELECTS CANDIDATE
B. The legislature may provide by law for runoff elections for all elections other than municipal, primary or statewide elections. If the legislature does not provide for runoff elections, the person who receives the highest number of votes for any office, except as provided in this section, and except in the cases of the offices of governor and lieutenant governor, shall be declared elected to that office. The joint candidates receiving the highest number of votes for the offices of governor and lieutenant governor shall be declared elected to those offices.
C. In a municipal election, the candidate that receives the most votes for an office shall be declared elected to that office, unless the municipality has provided for runoff elections. A municipality may provide for runoff elections as follows:
(2) a municipality that has adopted a charter pursuant to Article 10, Section 6 of the constitution of New Mexico, and prior to the adoption of this amendment the charter provided for runoff elections, shall hold runoff elections pursuant to the charter; or
(3) a municipality that adopts or has adopted a charter pursuant to Article 10, Section 6 of the constitution of New Mexico may, subsequent to the adoption of this amendment, provide for runoff elections as provided in its charter.
Article VIII
Education
Art. VIII §1 | LEVY TO BE PROPORTIONATE TO VALUE; UNIFORM AND EQUAL TAXES; PERCENTAGE OF VALUE TAXED; LIMITATION ON ANNUAL VALUATION INCREASES
B. The legislature shall provide by law for the valuation of residential property for property taxation purposes in a manner that limits annual increases in valuation of residential property. The limitation may be applied to classes of residential property taxpayers based on owner-occupancy, age or income. The limitations may be authorized statewide or at the option of a local jurisdiction and may include conditions under which the limitation is applied. Any valuation limitations authorized as a local jurisdiction option shall provide for applying statewide or multi-jurisdictional property tax rates to the value of the property as if the valuation increase limitation did not apply.
Art. VIII §2 | PROPERTY TAX LIMITS; EXCEPTION
Art. VIII §3 | TAX-EXEMPT PROPERTY
Provided, however, that any property acquired by public libraries, community ditches and all laterals thereof, property acquired by churches, property acquired and used for educational or charitable purposes, and property acquired by cemeteries not used or held for private, or corporate profit, and property acquired by the Indian service and property acquired by the United States government or by the state of New Mexico by outright purchase or trade, where such property was, prior to such transfer, subject to the lien of any tax or assessment for the principal or interest of any bonded indebtedness shall not be exempt from such lien, nor from the payment of such taxes or assessments.
Exemptions of personal property from ad valorem taxation may be provided by law if approved by a three-fourths majority vote of all the members elected to each house of the legislature.
Art. VIII §4 | MISUSE AND DEPOSIT OF PUBLIC MONEY
Art. VIII §5 | HEAD OF FAMILY AND VETERAN EXEMPTIONS
B. The legislature shall exempt from taxation the property, including the community or joint property of married individuals, of every honorably discharged member of the armed forces of the United States and the widow or widower of every such honorably discharged member of the armed forces of the United States, in the sum of:
(2) in 2024, ten thousand dollars ($10,000); and
(3) in 2025 and each subsequent year, the amount provided in Paragraph (2) of this subsection, adjusted for inflation.
Art. VIII §6 | ASSESSMENT OF LANDS
Art. VIII §7 | JUDGMENTS AGAINST LOCAL OFFICIALS
Art. VIII §8 | EXEMPTION OF CERTAIN PERSONALTY IN TRANSIT THROUGH THE STATE
Art. VIII §9 | ELECTED GOVERNING AUTHORITY PREREQUISITE TO LEVY OF TAX
Art. VIII §10 | SEVERANCE TAX PERMANENT FUND
B. All additions to the fund and all earnings, including interest, dividends and capital gains from investment of the fund shall be credited to the corpus of the fund.
C. The annual distributions from the fund shall be one hundred two percent of the amount distributed in the immediately preceding fiscal year until the annual distributions equal four and seven-tenths percent of the average of the year-end market values of the fund for the immediately preceding five calendar years. Thereafter, the amount of the annual distributions shall be four and seven-tenths percent of the average of the year-end market values of the fund for the immediately preceding five calendar years.
D. The frequency and the time of the distributions made pursuant to Subsection C of this section shall be as provided by law.
Art. VIII §15 | PROPERTY TAX EXEMPTION FOR DISABLED VETERANS
B. The legislature shall provide the same amount of exemption from taxation for property owned by the widow or widower of a veteran who was eligible for the exemption provided in this section, if the widow or widower continues to occupy the property as the widow's or widower's principal place of residence.
C. The burden of proving eligibility for the exemptions provided in this section is on the person claiming the exemption.
Art. VIII §16 | PROPERTY TAX EXEMPTION FOR PROPERTY OF VETERANS' ORGANIZATION CHARTERED BY UNITED STATES CONGRESS
Article IX
Militia
Art. IX §1 | DEBTS OF TERRITORY AND ITS COUNTIES ASSUMED
Art. IX §2 | PAYMENT OF COUNTY DEBTS BY ANOTHER COUNTY
Art. IX §3 | STATE REFUNDING BONDS FOR ASSUMED DEBTS
Series B. To provide for the payment of such debts of said counties.
Series C. To provide for the payment of the bonds and accrued interest thereon of Grant and Santa Fe counties which were validated, approved and confirmed by act of congress, January sixteenth, eighteen hundred and ninety-seven.
Art. IX §4 | SALE OF LANDS FOR CERTAIN BOND PAYMENTS
Any money received by the state from rentals and sales of said lands in excess of the amounts required for the purposes above-mentioned shall be paid into the cur
Art. IX §5 | REMISSION OF COUNTY DEBTS TO STATE PROHIBITED
Art. IX §6 | MILITIA WARRANTS
Art. IX §7 | STATE INDEBTEDNESS; PURPOSES
Art. IX §8 | STATE INDEBTEDNESS; RESTRICTIONS
B. For the purposes of this section and Article 4, Section 29 of the constitution of New Mexico, a financing agreement entered into by the state for the leasing of a building or other real property with an option to purchase for a price that is reduced according to the payments made by the state pursuant to the financing agreement is not a debt if:
(2) the agreement provides that the lease shall be terminated if sufficient appropriations are not available to meet the current lease payments.
Art. IX §9 | USE OF BORROWED FUNDS
Art. IX §10 | COUNTY INDEBTEDNESS; RESTRICTIONS
B. constructing or repairing public roads and bridges and purchasing capital equipment for such projects;
C. constructing or acquiring a system for supplying water, including the acquisition of water and water rights, necessary real estate or rights-of-way and easements;
D. constructing or acquiring a sewer system, including the necessary real estate or rights-of-way and easements;
E. constructing an airport or sanitary landfill, including the necessary real estate;
F. acquiring necessary real estate for open space, open space trails and related areas and facilities; or
G. the purchase of books and other library resources for libraries in the county.
Art. IX §11 | SCHOOL DISTRICT INDEBTEDNESS; RESTRICTIONS
B. No school district shall ever become indebted in an amount exceeding six percent on the assessed valuation of the taxable property within the school district as shown by the preceding general assessment.
C. A school district may create a debt by entering into a lease-purchase arrangement to acquire education technology equipment without submitting the proposition to a vote of the qualified electors of the district, but any debt created is subject to the limitation of Subsection B of this section.
D. For the purposes of this section, a financing agreement entered into by a school district or a charter school for the leasing of a building or other real property with an option to purchase for a price that is reduced according to the payments made by the school district or charter school pursuant to the financing agreement is not a debt if:
(2) the agreement provides that the lease shall be terminated if sufficient money is not available to meet the current lease payments.
Art. IX §12 | MUNICIPAL INDEBTEDNESS; RESTRICTIONS
Art. IX §13 | COUNTY AND MUNICIPAL DEBT LIMIT; EXCEPTIONS
Art. IX §14 | AID TO PRIVATE ENTERPRISE; VETERANS' SCHOLARSHIP PROGRAMS; STUDENT LOANS; JOB OPPORTUNITIES; AFFORDABLE HOUSING
B. Nothing in this section prohibits the state from establishing a veterans' scholarship program for Vietnam conflict veterans who are post-secondary students at educational institutions under the exclusive control of the state by exempting such veterans from the payment of tuition. For the purposes of this subsection, a "Vietnam conflict veteran" is any person who has been honorably discharged from the armed forces of the United States, who was a resident of New Mexico at the original time of entry into the armed forces from New Mexico or who has lived in New Mexico for ten years or more and who has been awarded a Vietnam campaign medal for service in the armed forces of this country in Vietnam during the period from August 5, 1964 to the official termination date of the Vietnam conflict as designated by executive order of the president of the United States.
C. The state may establish by law a program of loans to students of the healing arts, as defined by law, for residents of the state who, in return for the payment of educational expenses, contract with the state to practice their profession for a period of years after graduation within areas of the state designated by law.
D. Nothing in this section prohibits the state or a county or municipality from creating new job opportunities by providing land, buildings or infrastructure for facilities to support new or expanding businesses if this assistance is granted pursuant to general implementing legislation that is approved by a majority vote of those elected to each house of the legislature. The implementing legislation shall include adequate safeguards to protect public money or other resources used for the purposes authorized in this subsection. The implementing legislation shall further provide that:
(2) each specific state project providing assistance pursuant to this subsection shall be approved by law.
(2) donating or otherwise providing or paying a portion of the costs of construction or renovation of affordable housing or the costs of conversion or renovation of buildings into affordable housing; or
(3) providing or paying the costs of financing or infrastructure necessary to support affordable housing projects.
(2) establish eligibility criteria for the recipients of land, buildings and infrastructure;
(3) contain provisions to ensure the successful completion of affordable housing projects supported by assistance authorized pursuant to Subsection E of this section;
(4) require a county or municipality providing assistance pursuant to Subsection E of this section to give prior formal approval by ordinance for a specific affordable housing assistance grant and include in the ordinance the conditions of the grant;
(5) require prior approval by law of an affordable housing assistance grant by the state; and
(6) require the governing body of the instrumentality of the state, designated by the legislature as the state's housing authority, to give prior approval, by resolution, for affordable housing grants that are to be given by the instrumentality.
H. Nothing in this section prohibits the state from expending state funds or resources for the purpose of providing essential services primarily for residential purposes if the assistance is granted pursuant to general implementing legislation approved by a majority vote of those elected to each house of the legislature. The implementing legislation shall provide for accessibility to essential services primarily for residential purposes and include safeguards to protect public money and other public resources used for the purposes authorized in this subsection.
Art. IX §15 | STATE AND LOCAL REFUNDING
Art. IX §16 | STATE HIGHWAY BONDS
Article X
The Penitentiary and Prisons
Art. X §1 | CLASSIFICATION OF COUNTIES; SALARIES AND FEES OF COUNTY OFFICERS
Art. X §2 | TERMS OF COUNTY OFFICERS
B. In those counties that prior to 1992 have not had four-year terms for elected officials, the assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk shall be elected to two-year terms in the first election following the adoption of this amendment. In subsequent elections, the treasurer and clerk shall be elected to four-year terms.
C. To provide for staggered county commission terms, in counties with three county commissioners, the terms of no more than two commissioners shall expire in the same year; and in counties with five county commissioners, the terms of no more than three commissioners shall expire in the same year.
D. All county officers, after having served two consecutive four-year terms, shall be ineligible to hold any county office for two years thereafter.
Art. X §3 | REMOVAL OF COUNTY SEATS
Art. X §4 | COMBINED CITY AND COUNTY CORPORATIONS
B. Every such charter shall designate the respective officers of such city and county who shall perform the duties imposed by law upon county officers and shall make provisions for the payment of existing city and county indebtedness as hereinafter required. The officers of a city and county, their compensation, qualifications, term of office and manner of election or appointment, shall be as provided for in its charter, subject to general laws and applicable constitutional provisions. The salary of any elective or appointive officer of a city and county shall not be changed after his election or appointment or during his term of office; nor shall the term of any such officer be extended beyond the period for which he is elected or appointed. Every such city and county shall have and enjoy all rights, powers and privileges asserted in its charter not inconsistent with its general laws, and, in addition thereto, such rights, powers and privileges as may be granted to it, or possessed and enjoyed by cities and counties of like population separately organized.
C. No city or county government existing outside the territorial limits of such city and county shall exercise any police, taxation or other powers within the territorial limits of such city and county, but all such powers shall be exercised by the city and county and the officers thereof, subject to such constitutional provisions and general laws as apply to either cities or counties.
D. In case an existing county is divided in the formation of city and county government, such city and county shall be liable for a just proportion of the existing debts or liabilities of the former county and shall account for and pay the county remaining a just proportion of the value of any real estate or other property owned by the former county and taken over by the city and county government, the method of determining such proportion shall be prescribed by general law, but such division shall not affect the rights of creditors.
E. Nothing herein contained shall be construed to alter or amend the existing constitutional provisions regarding apportionment of representation in the legislature or in the boundaries of legislative districts or judicial districts, nor the jurisdiction or organization of the district or probate courts.
Art. X §5 | INCORPORATED COUNTIES
B. the board of county commissioners may, upon its own initiative, appoint a charter commission consisting of not less than three persons to draft an incorporated county charter; and
C. the proposed charter drafted by the charter commission shall be submitted to the qualified voters of the county within one year after the appointment of the commission and if adopted by a majority of the qualified voters voting in the election the county shall become an incorporated county.
An incorporated county may exercise all powers and shall be subject to all limitations granted to municipalities by Article 9, Section 12 of the constitution of New Mexico and all powers granted to municipalities by statute.
A charter of an incorporated county shall be amended in accordance with the provisions of the charter.
Nothing herein contained shall be construed to alter or amend the existing constitutional provisions regarding apportionment of representation in the legislature or in the boundaries of legislative districts or judicial districts, nor the jurisdiction or organization of the district or probate courts.
The provisions of this amendment shall be self-executing.
Art. X §6 | MUNICIPAL HOME RULE
(2) if districts have not been established as authorized by law, the governing body of a municipality may, by resolution, authorize the districting of the municipality. The resolution shall not become effective in the municipality until approved by a majority vote in the municipality; and
(3) if districts have not been established as authorized by law or by resolution, the voters of a municipality, by a petition which is signed by not less than five percent of the registered qualified electors of the municipality and which specified the number of members of the governing body to be elected from districts, may require the governing body to submit to the registered qualified electors of the municipality, at the next regular municipal election held not less than sixty days after the petition is filed, a resolution requiring the districting of the municipality by its governing body.
B. Any member of the governing body of a municipality representing a district shall be a resident of, and elected by, the registered qualified electors of that district.
C. The registered qualified electors of a municipality may adopt, amend or repeal a charter in the manner provided by law. In the absence of law, the governing body of a municipality may appoint a charter commission upon its own initiative or shall appoint a charter commission upon the filing of a petition containing the signatures of at least five percent of the registered qualified electors of the municipality. The charter commission shall consist of not less than seven members who shall draft a proposed charter. The proposed charter shall be submitted to the registered qualified electors of the municipality within one year after the appointment of the charter commission. If the charter is approved by a majority vote in the municipality, it shall become effective at the time and in the manner provided in the charter.
D. A municipality which adopts a charter may exercise all legislative powers and perform all functions not expressly denied by general law or charter. This grant of powers shall not include the power to enact private or civil laws governing civil relationships except as incident to the exercise of an independent municipal power, nor shall it include the power to provide for a penalty greater than the penalty provided for a petty misdemeanor. No tax imposed by the governing body of a charter municipality, except a tax authorized by general law, shall become effective until approved by a majority vote in the charter municipality.
E. The purpose of this section is to provide for maximum local self-government.
A liberal construction shall be given to the powers of municipalities.
Art. X §7 | FIVE-MEMBER BOARDS OF COUNTY COMMISSIONERS
Art. X §8 | NEW ACTIVITY OR SERVICE MANDATED BY STATE RULE OR REGULATION
Art. X §9 | RECALL OF ELECTED COUNTY OFFICIALS
(2) of the district from which the official sought to be recalled was elected; and
(3) not less in number than thirty-three and one-third percent of the number of persons who voted in the election for the office in the last preceding general election at which the office was voted upon.
C. After the requirements of Subsection B of this section are fulfilled, the petition shall be circulated and filed with the county clerk for verification of the signatures, as to both number and qualifications of the persons signing. If the county clerk verifies that the requisite number of signatures of registered voters appears on the petition, the question of recall of the official shall be placed on the ballot for a special election to be called and held within ninety days or the next occurring general election if that election is to be held within less than ninety days. If at the election a majority of the votes cast on the question of recall is in favor of recall, the official who is the subject of recall is recalled from the office, and a vacancy exists. That vacancy shall be filled in the manner provided by law for filling vacancies for that office.
D. A recall election shall not be conducted after May 1 in a calendar year in which an election is to be held for the office for which the recall is sought if the official sought to be recalled is a candidate for reelection to the office. No petition for recall of an elected county official shall be submitted more than once during the term for which the official is elected.
Art. X §10 | URBAN COUNTIES
(2) the proposed charter shall provide for the form and organization of the urban county government and shall designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county officers; and
(3) within one year after the appointment of the charter commission, the proposed charter shall be submitted to the qualified voters of the county and, if adopted by a majority of those voting, the county shall become an urban county. If, at the election or any subsequent election, the proposed charter is not adopted, then, after at least one year has elapsed after the election, pursuant to this section another charter commission may be appointed and another proposed charter may be submitted to the qualified voters for approval or disapproval.
C. A charter of an urban county shall only be amended in accordance with the provisions of the charter.
D. If the charter of an urban county provides for a governing body composed of members elected by districts, a member representing a district shall be a resident and elected by the registered qualified electors of that district.
E. The purpose of this section is to provide for maximum local self-government.
A liberal construction shall be given to the powers of urban counties.
F. The provisions of this section shall be self-executing.
Art. X §11 | SINGLE URBAN GOVERNMENTS
(2) the proposed charter shall:
(b) designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county officers;
(c) provide for a transition period for elected county and city officials whose terms have not expired on the effective date of the charter; and
(d) provide for a transition period, no less than one year, to ensure the continuation of government services; and
C. A municipality, with a population of ten thousand or less, in a county that has adopted a charter pursuant to this section may become a part of the single urban govern ment by a vote of a majority of the qualified voters within the municipality voting in an election held upon the filing of a petition containing the signatures of ten percent of the registered voters of that municipality. If a majority of the voters elect to become a part of the single urban government, then the municipality is disincorporated.
D. All property, debts, employees, records and contracts of a municipality disincorporated pursuant to this section shall be transferred to the county and become the property, debts, employees, records and contracts of the county. The rights of a municipality, disincorporated pursuant to this section, to receive taxes, fees, distributions or any other thing of value shall be transferred to the county. Any law granting any power or authorizing any distribution to a municipality disincorporated pursuant to this section shall be interpreted as granting the power or authorizing the distribution to the county.
E. The provisions of this section shall be self-executing.
Article XI
Levees
Art. XI §1 | CREATION AND COMPOSITION OF PUBLIC REGULATION COMMISSION
B. Beginning January 1, 2023, the commission shall consist of three members. The governor shall nominate members from a list of qualified nominees submitted to the governor by the public regulation commission nominating committee, as provided by law, and by and with the consent of the senate shall appoint members to fill positions and vacancies on the commission; provided that no more than two commissioners shall be members of the same political party. Members so appointed shall serve six-year staggered terms; provided that, after serving two consecutive six-year terms, members shall be ineligible to hold office as commissioner until one full term has intervened. A person appointed to fill a vacancy on the commission shall serve for the remainder of the unexpired term.
C. A six-year term for a commission position shall begin on January 1 of the year following the expiration of the prior term for that position; provided that in January 2023, one member shall be appointed for an initial term of two years, one member for an initial term of four years and one member for a six-year term.
D. The legislature shall provide, by law, for professional qualifications and continuing education requirements for commissioners and for the creation of and procedures for the public regulation commission nominating committee.
E. A commission member may be removed by impeachment for accepting anything of value from a person or entity whose charges for services to the public are regulated by the commission, malfeasance, misfeasance or neglect of duty.
Art. XI §2 | RESPONSIBILITIES OF PUBLIC REGULATION COMMISSION
Art. XI §13 | GENERAL CORPORATION LAWS
Art. XI §14 | CORPORATIONS SUBJECT TO POLICE POWER
Art. XI §18 | EMINENT DOMAIN OF CORPORATE PROPERTY
Art. XI §19 | CHARTERING CORPORATIONS
Art. XI §20 | CREATION OF OFFICE OF SUPERINTENDENT OF INSURANCE
B. The insurance nominating committee shall be appointed and have such qualifications as may be provided by law. The insurance nominating committee shall evaluate applications for superintendent of insurance in accordance with qualifications for superintendent of insurance established by law.
Article XII
Franchise
Art. XII §1 | FREE PUBLIC SCHOOLS
Art. XII §2 | PERMANENT SCHOOL FUND
Art. XII §3 | CONTROL OF CONSTITUTIONAL EDUCATIONAL INSTITUTIONS; USE OF STATE LAND PROCEEDS AND OTHER EDUCATIONAL FUNDS
Art. XII §4 | CURRENT SCHOOL FUND
Art. XII §5 | COMPULSORY SCHOOL ATTENDANCE
Art. XII §6 | PUBLIC EDUCATION DEPARTMENT; PUBLIC EDUCATION COMMISSION
B. Ten members of the public education commission shall be elected for staggered terms of four years as provided by law. Commission members shall be residents of the public education commission district from which they are elected. Change of residence of a commission member to a place outside the district from which he was elected shall automatically terminate the term of that member.
C. The governor shall fill vacancies on the commission by appointment of a resident from the district in which the vacancy occurs until the next regular election for membership on the commission.
D. The secretary of public education shall have administrative and regulatory powers and duties, including all functions relating to the distribution of school funds and financial accounting for the publics chools to be performed as provided by law.
E. The elected members of the 2003 state board of education shall constitute the public education commission, if this amendment is approved, until their terms expire and the districts from which the state board of education were elected shall constitute the state public education commission districts until changed by law.
Art. XII §7 | INVESTMENT OF PERMANENT SCHOOL FUND
B. The land grant permanent funds shall be invested by the state investment officer in accordance with policy rules promulgated by the state investment council.
C. In making investments, the state investment officer, under the supervision of the state investment council, shall invest and manage the land grant permanent funds in accordance with the Uniform Prudent Investor Act [45-7-601 to 45-7-612 NMSA 1978].
D. The legislature may establish criteria for investing the land grant permanent funds if the criteria are enacted by a threefourths' vote of the members elected to each house, but investment of the land grant permanent funds is subject to the following restrictions:
(2) not more than ten percent of the voting stock of a corporation shall be held; and
(3) stocks eligible for purchase shall be restricted to those stocks of businesses listed upon a national stock exchange or included in a nationally recognized list of stocks.
F. The annual distributions from the land grant permanent funds to the beneficiaries specified in the Ferguson Act and the Enabling Act shall be five percent of the average of the year-end market values of the land grant permanent funds for the immediately preceding five calendar years.
G. In addition to the annual distributions made pursuant to Subsection F of this section, unless suspended pursuant to Subsection J of this section, an annual distribution of one and one-fourth percent of the average of the year-end market value of the permanent school fund for the immediately preceding five calendar years shall be made as provided in Subsection H of this section; provided that the additional distribution shall not be made in any fiscal year if the average of the year-end market values of the land grant permanent funds for the immediately preceding five calendar years is less than seventeen billion dollars ($17,000,000,000).
H. Unless suspended pursuant to Subsection G or J of this section, the additional distribution from the permanent school fund provided for in Subsection G of this section shall be as follows and as provided by law:
(2) sixty percent of the additional distribution shall be for the provision of early childhood education.
J. The legislature, by a three-fifths' vote of the members elected to each house, may suspend any additional distribution provided for in Subsection G of this section.
Art. XII §8 | TEACHERS TO LEARN ENGLISH AND SPANISH
Art. XII §9 | RELIGIOUS TESTS IN SCHOOLS
Art. XII §10 | EDUCATIONAL RIGHTS OF CHILDREN OF SPANISH DESCENT
Art. XII §11 | STATE EDUCATIONAL INSTITUTIONS
Art. XII §12 | ACCEPTANCE AND USE OF ENABLING ACT EDUCATIONAL GRANTS
Art. XII §13 | BOARD OF REGENTS FOR EDUCATIONAL INSTITUTIONS
B. The governor shall nominate and by and with the consent of the senate shall appoint the members of each board of regents for each of the institutions. The terms of nonstudent members shall be for staggered terms of six years, and the terms of student members shall be two years.
C. The governor shall select, with the advice and consent of the senate, a student member from a list provided by the president of the institution. In making the list, the president of the institution shall give due consideration to the recommendations of the student body president of the institution. Following the approval by the voters of this 2014 amendment and upon the first vacancy of a position on the northern New Mexico state school board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term.
D. The legislature shall provide for the control and management of the university of New Mexico by a board of regents consisting of seven members, six of whom shall be qualified electors of the state of New Mexico, one of whom shall be a mem ber of the student body of the university of New Mexico and no more than four of whom at the time of their appointment shall be members of the same political party. The governor shall nominate and by and with the consent of the senate shall appoint the members of the board of regents. The present five members shall serve out their present terms. The two additional members shall be appointed in 1987 for terms of six years. Following the approval by the voters of this amendment and upon the first vacancy of a position held by a nonstudent member on the university of New Mexico's board of regents, the governor shall nominate and by and with the consent of the senate shall appoint a student member to serve a two-year term. The governor shall select, with the advice and consent of the senate, a student member from a list provided by the president of the university of New Mexico. In making the list, the president of the university of New Mexico shall give due consideration to the recommendations of the student body president of the university.
E. Members of the board shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given such member. The supreme court of the state of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove members of the board under such rules as it may promulgate, and its decision in connection with such matters shall be final.
Art. XII §14 | RECALL OF LOCAL SCHOOL BOARD MEMBERS
Art. XII §15 | LOCAL SCHOOL BOARDS HAVING SEVEN SINGLEMEMBER DISTRICTS
If a majority of the qualified electors voting in such a district election vote to have a seven-member board, the school district shall be divided into seven local school board member districts which shall be compact, contiguous and as nearly equal in population as possible. One school board member shall reside within, and be elected from each local school board member district. Change of residence to a place outside the district from which a school board member was elected shall automatically terminate the service of that school board member and the office shall be declared vacant.
The school board member districts shall be established by resolution of the local school board with the approval of the state legislature, and may be changed once after each federal decennial census by the local school board with the approval of the state legislature.
The elections required under this amendment shall be called and conducted as provided by law for other local school board elections. The state board of education shall, by resolution, establish the terms of the first board elected after the creation of such a seven-member board.
Article XIII
Apportionment
Art. XIII §1 | DISPOSITION OF STATE LANDS
Art. XIII §2 | DUTIES OF LAND COMMISSIONER
Art. XIII §3 | PATENTS FOR PUBLIC LANDS
B. sale of a portion of a tract under sales contract, if the right to purchase the portion is derived from an assignment made on or before September 4, 1956; or
C. sale of a portion of a tract under sales contract, or under a contract entered into in substitution of such contract, if the right to purchase all other portions of the tract were assigned or relinquished on or before September 4, 1956 by the person holding the contract. The legislature may enact laws to carry out the purposes of this amendment.
Article XIV
General Provisions
Art. XIV §1 | STATE INSTITUTIONS
Art. XIV §2 | FEDERAL LAND GRANTS AND DONATIONS
Art. XIV §3 | CONTROL AND MANAGEMENT
Article XV
Amendments to the Constitution
Art. XV §1 | DEPARTMENT OF AGRICULTURE
Art. XV §2 | FOREST FIRE PREVENTION
Article XVI
Medical Marijuana
Art. XVI §1 | EXISTING WATER RIGHTS CONFIRMED
Art. XVI §2 | APPROPRIATION OF WATER
Art. XVI §3 | BENEFICIAL USE OF WATER
Art. XVI §4 | DRAINAGE DISTRICTS AND SYSTEMS
Art. XVI §5 | APPEALS IN MATTERS RELATING TO WATER RIGHTS
Art. XVI §6 | WATER TRUST FUND
B. On July 1, 2008 and each fiscal year thereafter, an annual distribution shall be made from the water trust fund pursuant to law, and that distribution shall then be appropriated by the legislature only for water projects consistent with a state water plan and as otherwise provided by law.
Article XVII
Medical Marijuana
Art. XVII §1 | INSPECTOR OF MINES
Art. XVII §2 | MINING REGULATIONS; EMPLOYMENT OF CHILDREN UNDER FOURTEEN
Article XVIII
Medical Marijuana
Art. XVIII §1 | COMPOSITION, NAME AND COMMANDER IN CHIEF OF MILITIA
Art. XVIII §2 | ORGANIZATION, DISCIPLINE AND EQUIPMENT OF MILITIA
Article XIX
Medical Marijuana
Art. XIX §1 | PROPOSING AND RATIFYING AMENDMENTS
An amendment or amendments may also be proposed by an independent commission established by law for that purpose, and the amendment or amendments shall be submitted to the legislature for its review in accordance with the provisions of this section.
The secretary of state shall cause any such amendment or amendments to be published in at least one newspaper in every county of the state, where a newspaper is published once each week, for four consecutive weeks, in English and Spanish when newspapers in both of said languages are published in such counties, the last publication to be not more than two weeks prior to the election at which time said amendment or amendments shall be submitted to the electors of the state for their approval or rejection; and shall further provide notice of the content and purpose of legislatively approved constitutional amendments in both English and Spanish to inform electors about the amendments in the time and manner provided by law. The secretary of state shall also make reasonable efforts to provide notice of the content and purpose of legislatively approved constitutional amendments in indigenous languages and to minority language groups to inform electors about the amendments. Amendments approved by the legislature shall be voted upon at the next regular election held after the adjournment of that legislature or at a special election to be held not less than six months after the adjournment of that legislature, at such time and in such manner as the legislature may by law provide. An amendment that is ratified by a majority of the electors voting on the amendment shall become part of this constitution.
If two or more amendments are initiated by the legislature, they shall be so submitted as to enable the electors to vote on each of them separately. Amendments initiated by an independent commission created by law for that purpose may be submitted to the legislature separately or as a single ballot question, and any such commissioninitiated amendments that are not substantially altered by the legislature may be submitted to the electors in the separate or single ballot question form recommended by the commission. No amendment shall restrict the rights created by Sections One and Three of Article VII hereof, on elective franchise, and Sections Eight and Ten of Article XII hereof, on education, unless it be proposed by vote of three-fourths of the members elected to each house and be ratified by a vote of the people of this state in an election at which at least three-fourths of the electors voting on the amendment vote in favor of that amendment.
Art. XIX §2 | CONSTITUTIONAL CONVENTIONS
Revisions or amendments proposed by a constitutional convention shall be submitted to the voters of the state at an election held on a date set by the convention. The revisions or amendments proposed by the convention may be submitted in whole or in part, or with alternatives, as determined by the convention. If a majority vote favors a proposal or alternative, it is adopted and becomes effective thirty days after the certification of the election returns unless otherwise provided by the convention.
Art. XIX §3 | INITIATIVE RESTRICTED
Art. XIX §4 | AMENDMENT OF COMPACT WITH UNITED STATES
Article XX
Medical Marijuana
Art. XX §1 | OATH OF OFFICER
Art. XX §2 | TENURE OF OFFICE
Art. XX §3 | DATE TERMS OF OFFICE BEGIN
B. A state, county or district officer elected to fill a vacancy in office shall take office on the first day of January next after the officer's election to serve the remainder of the unexpired term for that office.
C. The term of a state, county or district officer may be adjusted by law to align or stagger the election of officers for a particular state, county or district office throughout the state. Any such adjustment shall require a legislative finding that the adjustment is to provide for consistency in the timing of elections for that office or to balance the number of offices appearing on the ballot. The term of any officer affected by such adjustment shall not be shortened or extended by more than two years. An extended term shall be counted as one term for the purposes of any limitation on the number of terms an officer may serve. A shortened term shall not be counted as a term and shall be disregarded for the purposes of any limitation on the number of terms an officer may serve. No statewide elective office may be adjusted pursuant to this subsection.
Art. XX §4 | VACANCIES IN OFFICES OF DISTRICT ATTORNEY OR COUNTY COMMISSIONER
Art. XX §5 | INTERIM APPOINTMENTS
Art. XX §6 | DATE OF GENERAL ELECTIONS
Art. XX §7 | CANVASS OF RETURNS FOR OFFICERS ELECTED BY MORE THAN ONE COUNTY
Art. XX §8 | FIRST NATIONAL ELECTION
Art. XX §9 | STATE OFFICERS LIMITED TO SALARIES
Art. XX §10 | CHILD LABOR
Art. XX §11 | WOMEN AS PUBLIC OFFICERS
Art. XX §12 | PUBLICATION OF LAWS IN ENGLISH AND SPANISH
Art. XX §13 | SACRAMENTAL WINES
Art. XX §14 | PUBLIC OFFICERS BARRED FROM USING RAILROAD PASSES
Art. XX §15 | PENITENTIARY TO BE REFORMATORY AND INDUSTRIAL SCHOOL; LABOR BY INMATES
Art. XX §16 | RAILROAD’S LIABILITY TO EMPLOYEES
An action for negligently causing the death of an employee as above provided shall be maintained by the executor or administrator for the benefit of the employee's surviving widow or husband and children; or if none, then his parents; or if none, then the next of kin dependent upon said deceased. The amount recovered may be distributed as provided by law. Any contract or agreement made in advance of such injury with any employee waiving or limiting any right to recover such damages shall be void.
This provision shall not be construed to affect the provisions of Section Two of Article Twenty-Two of this constitution, being the article upon Schedule.
Art. XX §18 | LEASING OF CONVICT LABOR PROHIBITED
Art. XX §19 | EIGHT-HOUR DAY IN PUBLIC EMPLOYMENT
Art. XX §20 | WAIVER OF INDICTMENT; PROCEEDINGS ON INFORMATION
Art. XX §21 | POLLUTION CONTROL
Art. XX §22 | PUBLIC EMPLOYEES AND EDUCATIONAL RETIREMENT SYSTEMS TRUST FUNDS; EXPENDITURES AND ENCUMBRANCES PROHIBITED; ADMINISTRATION; VESTING OF PROPERTY RIGHTS
B. The retirement board of the public employees retirement system and the board of the educational retirement system shall be the trustees for their respective systems and have the sole and exclusive fiduciary duty and responsibility for administration and investment of the trust fund held by their respective systems.
C. A retirement board shall have the sole and exclusive power and authority to adopt actuarial assumptions for its system based upon the recommendations made by an independent actuary with whom it contracts. The legislature shall not enact any law that increases the benefits paid by the system in any manner or changes the funding formula for a retirement plan unless adequate funding is provided.
D. Upon meeting the minimum service requirements of an applicable retirement plan created by law for employees of the state or any of its political subdivisions or institutions, a member of a plan shall acquire a vested property right with due process protections under the applicable provisions of the New Mexico and United States constitutions.
E. Nothing in this section shall be construed to prohibit modifications to retirement plans that enhance or preserve the actuarial soundness of an affected trust fund or individual retirement plan.
Article XXI
Medical Marijuana
Art. XXI §1 | RELIGIOUS TOLERATION; POLYGAMY
Art. XXI §2 | CONTROL OF UNAPPROPRIATED OR INDIAN LANDS; TAXATION OF FEDERAL GOVERNMENT, NONRESIDENT AND INDIAN PROPERTY
Art. XXI §3 | ASSUMPTION OF TERRITORIAL DEBTS
Nothing in this article shall be construed as validating or in any manner legalizing any territorial, county, municipal or other bonds, warrants, obligations or evidences of indebtedness of, or claims against, said territory or any of the counties or municipalities thereof which now are or may be, at the time this state is admitted, invalid and illegal; nor shall the legislature of this state pass any law in any manner validating or legalizing the same.
Art. XXI §4 | PUBLIC SCHOOLS
Art. XXI §5 | SUFFRAGE
Art. XXI §6 | CAPITAL
Art. XXI §7 | RECLAMATION PROJECTS
"An act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands,"approved June seventeenth, nineteen hundred and two, and acts amendatory thereof or supplementary thereto, to the same extent as if this state had remained a territory.
Art. XXI §8 | ALLOTTED INDIAN LANDS SUBJECT TO FEDERAL LIQUOR CONTROL
Art. XXI §9 | CONSENT TO ENABLING ACT PROVISIONS
Art. XXI §10 | COMPACT IRREVOCABLE
Art. XXI §11 | CONSENT TO EXCHANGE OF LANDS
Article XXII
Medical Marijuana
Art. XXII §1 | EFFECTIVE DATE OF CONSTITUTION
Art. XXII §2 | FEDERAL EMPLOYERS' LIABILITY ACT
Art. XXII §3 | FEDERAL MINING INSPECTION ACT
Art. XXII §4 | TERRITORIAL LAWS
Art. XXII §5 | PARDONS FOR VIOLATION OF TERRITORIAL LAWS
Art. XXII §6 | TERRITORIAL PROPERTY VESTED IN STATE
Art. XXII §7 | OBLIGATIONS DUE TERRITORY OR SUBDIVISION
Art. XXII §8 | TERRITORIAL JUDICIAL PROCESS AND PROCEEDINGS
Art. XXII §9 | TERRITORIAL COURTS AND OFFICERS; SEALS
Until otherwise provided by law, the seal of the territory shall be used as the seal of the state, and the seals of the several courts, officers and official boards in the territory shall be used as the seals of the corresponding courts, officers and official boards in the state; and for any new court, office or board created by this constitution, a seal may be adopted by the judge of said court, or the incumbent of said office, or by the said board.
Art. XXII §10 | PENDING ACTIONS
Art. XXII §11 | EXECUTION AND DEPOSIT OF CONSTITUTION
Art. XXII §12 | TERRITORIAL OBLIGATIONS; NAMES OF POLITICAL SUBDIVISIONS
Art. XXII §13 | ELECTION TO RATIFY CONSTITUTION
Except as to the manner of making returns of said election and canvassing and certifying the result thereof, said election shall be held and conducted in the manner prescribed by the laws of New Mexico now in force.
Art. XXII §14 | BALLOTS FOR RATIFYING CONSTITUTION
Art. XXII §15 | CANVASS OF RATIFICATION ELECTION RETURNS
Art. XXII §16 | SUBMISSION OF CONSTITUTION TO PRESIDENT AND CONGRESS
Art. XXII §17 | PROCLAMATION FOR FIRST ELECTION OF OFFICERS
Art. XXII §18 | CONDUCT OF FIRST STATE ELECTION; CERTIFICATION OF RESULTS TO PRESIDENT
Art. XXII §19 | FIRST STATE OFFICERS
Art. XXII §20 | FIRST LEGISLATIVE SESSION; OATHS OF MEMBERS; ELECTION OF UNITED STATES SENATORS
The members-elect of the legislature shall meet on the day specified, take the oath required by this constitution and within ten days after organization shall proceed to the election of two senators of the United States for the state of New Mexico, in the manner prescribed by the constitution and laws of the United States; and the governor and secretary of the state of New Mexico shall certify the election of the senators and representatives in congress in the manner required by law.
Art. XXII §21 | SUPPLEMENTARY LEGISLATION
Art. XXII §22 | TERMS OF FIRST OFFICERS
Article XXIV
Medical Marijuana
Art. XXIV §1 | CONTRACTS FOR THE DEVELOPMENT AND PRODUCTION OF MINERALS OR DEVELOPMENT AND OPERATION OF GEOTHERMAL STEAM AND WATERS ON STATE LANDS
"An act to enable the people of New Mexico to form a constitution and state government and be admitted into the union on an equal footing with the original states,"may be made under such provisions relating to the necessity or requirement for or the mode and manner of appraisement, advertisement and competitive bidding, and containing such terms and provisions, as may be provided by act of the legislature; the rentals, royalties and other proceeds therefrom to be applied and conserved in accordance with the provisions of said act of congress for the support or in aid of the common schools, or for the attainment of the respective purposes for which the several grants were made.
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
