LWV NEWS RELEASE
A representative democracy represents its citizens. In New Mexico, as in the US, our Constitution is written by a governing body elected by the people, and therefore all amendments to the Constitution require a majority vote from the people whom it serves.
Early voting for New Mexico’s 2026 midterm election begins at the County Building on Tuesday, October 6. It will propose four amendments to our State Constitution: 1) Eliminate the pocket veto, 2) Allow school board and bond elections to be on the same ballot as the general/partisan election (the off-year dates are a holdover from when women could only vote for school board), 3) Require that the governor appoint state university regents from a pool selected by a nominating committee and student board members are selected from a list provided by the schools’ elected student government, and 4) allow for compensation for legislators.
The League of Women Voters Los Alamos Voter Guide offers the Arguments For and the Arguments Against the amendments.
“Democracy is not a spectator sport.” Informed and active voters are to goal keepers of our democracy. Your Vote, Your Voice.
Constitutional Amendment 1
PROPOSING AN AMENDMENT TO ARTICLE 4, SECTION 22 OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE THE GOVERNOR TO PROVIDE VETO MESSAGES ON ALL BILLS VETOED IN WHOLE OR IN PART AND TO PROVIDE THAT ALL BILLS PASSED BY THE LEGISLATURE AND NOT ACTED ON BY THE GOVERNOR WILL BECOME LAW.
Explanation:
This proposed amendment would remove the “pocket veto.” The pocket veto occurs when the governor does not sign a bill that was passed during the last three days of the legislative session, stopping the bill from becoming law. Under the proposed amendment, a bill sent to the governor during the last three days of the session would automatically become law unless the governor vetoes the bill within 20 days after the legislature’s adjournment. Also, the governor would be required to provide a written, substantive explanation for any veto.
Arguments For:
· Requires the governor to give a written explanation about why any legislation is vetoed, so that the legislature can reintroduce legislation in the future to address the governor’s concerns.
· May bring greater balance among branches of government because lawmakers could ask the courts to determine whether the governor has provided a substantive explanation.
Arguments Against:
· The term ‘substantive explanation’ is undefined and may lead to court action between the legislature and the governor.
· The governor’s office might be burdened after the session by a large number of bills that would need a ‘substantive explanation’ of their veto.
· It is unnecessary since the legislature could eliminate the pocket veto simply by enacting important legislation earlier in the session.
Constitutional Amendment 2
PROPOSING TO AMEND ARTICLE 7, SECTION 1 OF THE CONSTITUTION OF NEW MEXICO TO REMOVE THE REQUIREMENT THAT SCHOOL ELECTIONS BE SEPARATE FROM PARTISAN ELECTIONS.
Explanation:
This amendment would allow school districts the option to add bond and mill levy questions to ballots in a partisan election, such as the regular general election. It would also give the legislature the authority to allow local school board elections to be held during the same election cycle as partisan elections.
Arguments For:
· Currently school districts can only place bond issues and mill levy questions in local nonpartisan elections, which are held in odd numbered years. If the proposed amendment passes, school boards have the option to place bond issues or mill levy questions on the ballot in any election cycle, giving them more flexibility to manage their capital needs.
· Allowing school districts to place a bond or mill levy question on the ballot during partisan general elections may increase the number of voters who participate in school elections, better reflecting the voice of the community.
· School districts would still have the option to hold special bond elections.
Arguments Against:
· Adding school questions to the general election ballot may create voter fatigue and increase the cost of elections if a longer ballot is needed.
· The importance of school issues on a partisan general election ballot may be diminished due to the high number of issues and candidates on the ballot.
Constitutional Amendment 3
PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO TO ESTABLISH NOMINATING COMMITTEES TO PROVIDE LISTS OF NOMINEES TO THE GOVERNOR FOR APPOINTMENT OF NONSTUDENT MEMBERS TO THE BOARDS OF REGENTS OF STATE EDUCATIONAL INSTITUTIONS; PROVIDING THAT STUDENT MEMBERS OF BOARDS OF REGENTS SHALL BE APPOINTED FROM A LIST PROVIDED BY AN ELECTED STUDENT GOVERNING BODY OF THE INSTITUTION; PROVIDING THAT, EXCEPT FOR A STUDENT MEMBER, MEMBERS OF THE BOARDS OF REGENTS SHALL NOT HAVE CHANGED THEIR POLITICAL PARTY REGISTRATION IN THE TWELVE MONTHS PRECEDING APPOINTMENT.
Explanation:
A board of regents governs each of the ten state educational institutions. Currently, the regents for each of these institutions are appointed by the governor and approved by the Senate. The amendment would:
● Require the governor to appoint:
○ regents from a list of candidates selected by a nonpartisan nominating committee established by the legislature; and
○ student regents from a list provided by each institution’s student government.
● Disqualify any non-student regents if they changed political party registration in the 12 months before being appointed.
Arguments For:
● A regent nominating committee should ensure that nominees will best serve the interests of the particular institution, thereby providing more accountability in its control and management.
● Since the nominating committee would be nonpartisan, nominees would more likely be best qualified and would not be appointed based on their relationship with the governor or the governing political party.
Arguments Against:
● This amendment would dilute both the governor’s constitutional authority to appoint regents and the senate’s power to advise and consent.
● The Governor and the Senate are directly responsible to voters, whereas a regent nominating committee would not be.
Constitutional Amendment 4
PROPOSING TO AMEND ARTICLE 4, SECTION 10 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW LEGISLATIVE COMPENSATION THAT IS LIMITED TO THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO, TO REQUIRE LEGISLATIVE COMPENSATION TO BE REDUCED IF THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO FALLS, TO ALLOW LEGISLATIVE COMPENSATION TO BE INCREASED ONLY IF THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO RISES AND TO PROVIDE FOR DELAYED IMPLEMENTATION.”
Explanation:
Currently, New Mexico state senators and representatives only receive daily limited compensation for mileage and per diem for meals and lodging.
This amendment would allow legislators to receive a salary equal to the median household income for New Mexico, currently approximately $68,000. This amount could be adjusted by the legislature in the future. The amendment would go into effect in January 2029.
Arguments For:
· A more diverse group of people might run for the legislature if they were paid, relieving them of the need to choose between earning a living and public service.
· Positions the legislature to serve as a co-equal branch of government with the governor and judicial branches since they will be able to dedicate more time to their duties.
· Legislators actually work year-round, beyond the 30 or 60-day sessions, by serving on interim committees, drawing up legislation, and handling constituent needs.
Arguments Against:
· Considering the short legislative sessions and the state’s level of poverty, the salary proposed is higher than that of many other states
· Incumbent legislators would be paid while they run for office, giving them an advantage over candidates dependent on income from other employment who must still find time to campaign.
● Paying legislators would add more than $7 million each year to public spending.