constitution of the state of new mexico mexico constitution.pdflaw of the land. 3 article ii –...

CONSTITUTIONOF THE

STATE OF NEW MEXICO

ADOPTED JANUARY 21,1911

PREAMBLE

We, the people of New Mexico, gratefulto Almighty God for the blessings of lib-erty, in order to secure the advantages of astate government, do ordain and establishthis constitution.

ARTICLE I

Name and Boundaries

The name of this state is New Mexico,and its boundaries are as follows:

Beginning at the point where the thirty-seventh parallel of north latitude intersectsthe one hundred and third meridian westfrom Greenwich; thence along said one hun-dred and third meridian to the thirty-secondparallel of north latitude; thence along saidthirty-second parallel to the Rio Grande,

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Article II – Bill of Rights

also known as the Rio Bravo del Norte, as itexisted on the ninth day of September, onethousand eight hundred and fifty; thence,following the main channel of said river, asit existed on the ninth day of September, onethousand eight hundred and fifty, to the par-allel of thirty-one degrees forty-seven min-utes north latitude; thence west one hun-dred miles to a point; thence south to theparallel of thirty-one degrees twenty min-utes north latitude; thence along said par-allel of thirty-one degrees twenty minutes,to the thirty-second meridian of longitudewest from Washington; thence along saidthirty-second meridian to the thirty-seventhparallel of north latitude; thence along saidthirty-seventh parallel to the point of begin-ning.

ARTICLE II

Bill of Rights

Sec.1. Supreme law of the land.2. Popular sovereignty.3. Right of self-government.4. Inherent rights.5. Rights under Treaty of Guadalupe Hidalgo

preserved.6. Right to bear arms.

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Sec.7. Habeas corpus.8. Freedom of elections.9. Military power subordinate; quartering of

soldiers.10. Searches and seizures.11. Freedom of religion.12. Trial by jury; less than unanimous verdicts

in civil cases.13. Bail; excessive fines; cruel and unusual

punishment.14. Indictment and information; grand juries;

rights of accused.15. Self-incrimination; double jeopardy.16. Treason.17. Freedom of speech and press; libel.18. Due process; equal protection; sex dis-

crimination.19. Retroactive laws; bills of attainder; im-

pairment of contracts.20. Eminent domain.21. Imprisonment for debt.23. Reserved rights.24. Victim’s rights.

Sec. 1. [Supreme law of the land.]

The state of New Mexico is an insepara-ble part of the federal union, and the con-stitution of the United States is the supremelaw of the land.

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Sec. 2. [Popular sovereignty.]

All political power is vested in and de-rived from the people: all government ofright originates with the people, is foundedupon their will and is instituted solely fortheir good.

Sec. 3. [Right of self-government.]

The people of the state have the sole andexclusive right to govern themselves as afree, sovereign and independent state.

Sec. 4. [Inherent rights.]

All persons are born equally free, andhave certain natural, inherent and inalien-able rights, among which are the rights ofenjoying and defending life and liberty, ofacquiring, possessing and protecting prop-erty, and of seeking and obtaining safety andhappiness.

Sec. 5. [Rights under Treaty ofGuadalupe Hidalgo preserved.]

The rights, privileges and immunities,civil, political and religious guaranteed tothe people of New Mexico by the Treaty

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of Guadalupe Hidalgo shall be preservedinviolate.

Sec. 6. [Right to bear arms.]

No law shall abridge the right of the cit-izen to keep and bear arms for security anddefense, for lawful hunting and recreationaluse and for other lawful purposes, but noth-ing herein shall be held to permit the carry-ing of concealed weapons. No municipalityor county shall regulate, in any way, an inci-dent of the right to keep and bear arms. (Asamended November 2, 1971 and November2, 1986.)

Sec. 7. [Habeas corpus.]

The privilege of the writ of habeas corpusshall never be suspended, unless, in caseof rebellion or invasion, the public safetyrequires it.

Sec. 8. [Freedom of elections.]

All elections shall be free and open, andno power, civil or military, shall at any timeinterfere to prevent the free exercise of theright of suffrage.

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Sec. 9. [Military power subordinate;quartering of soldiers.]

The military shall always be in strict sub-ordination to the civil power; no soldiershall in time of peace be quartered in anyhouse without the consent of the owner, norin time of war except in the manner pre-scribed by law.

Sec. 10. [Searches and seizures.]

The people shall be secure in their per-sons, papers, homes and effects, from unrea-sonable searches and seizures, and no war-rant to search any place, or seize any personor thing, shall issue without describing theplace to be searched, or the persons or thingsto be seized, nor without a written showingof probable cause, supported by oath or af-firmation.

Sec. 11. [Freedom of religion.]

Every man shall be free to worship Godaccording to the dictates of his own con-science, and no person shall ever be mo-lested or denied any civil or political rightor privilege on account of his religious opin-ion or mode of religious worship. No person

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shall be required to attend any place of wor-ship or support any religious sect or denom-ination; nor shall any preference be given bylaw to any religious denomination or modeof worship.

Sec. 12. [Trial by jury; less thanunanimous verdicts in civil cases.]

The right of trial by jury as it has hereto-fore existed shall be secured to all and re-main inviolate. In all cases triable in courtsinferior to the district court the jury mayconsist of six. The legislature may providethat verdicts in civil cases may be renderedby less than a unanimous vote of the jury.

Sec. 13. [Bail; excessive fines; cruel andunusual punishment.]

All persons shall, before conviction bebailable by sufficient sureties, except forcapital offenses when the proof is evidentor the presumption great and in situationsin which bail is specifically prohibited bythis section. Excessive bail shall not berequired, nor excessive fines imposed, norcruel and unusual punishment inflicted.

Bail may be denied by the district courtfor a period of sixty days after the incarcer-

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ation of the defendant by an order enteredwithin seven days after the incarceration, inthe following instances:

A. the defendant is accused of a felonyand has previously been convicted of twoor more felonies, within the state, whichfelonies did not arise from the same transac-tion or a common transaction with the caseat bar;

B. the defendant is accused of a felonyinvolving the use of a deadly weapon andhas a prior felony conviction, within thestate. The period for incarceration withoutbail may be extended by any period of timeby which trial is delayed by a motion for acontinuance made by or on behalf of the de-fendant. An appeal from an order denyingbail shall be given preference over all othermatters. (As amended November 4, 1980and November 8, 1988.)

Sec. 14. [Indictment and information;grand juries; rights of accused.]

No person shall be held to answer for acapital, felonious or infamous crime unlesson a presentment or indictment of a grandjury or information filed by a district attor-ney or attorney general or their deputies, ex-

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cept in cases arising in the militia when inactual service in time of war or public dan-ger. No person shall be so held on informa-tion without having had a preliminary ex-amination before an examining magistrate,or having waived such preliminary exami-nation.

A grand jury shall be composed of suchnumber, not less than twelve, as may be pre-scribed by law. Citizens only, residing in thecounty for which a grand jury may be con-vened and qualified as prescribed by law,may serve on a grand jury. Concurrencenecessary for the finding of an indictment bya grand jury shall be prescribed by law; pro-vided, such concurrence shall never be byless than a majority of those who composea grand jury, and, provided, at least eightmust concur in finding an indictment when agrand jury is composed of twelve in number.Until otherwise prescribed by law a grandjury shall be composed of twelve in num-ber of which eight must concur in findingan indictment. A grand jury shall be con-vened upon order of a judge of a court em-powered to try and determine cases of cap-ital, felonious or infamous crimes at suchtimes as to him shall be deemed necessary,or a grand jury shall be ordered to convene

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by such judge upon the filing of a petitiontherefor signed by not less than the greaterof two hundred registered voters or two per-cent of the registered voters of the county, ora grand jury may be convened in any addi-tional manner as may be prescribed by law.

In all criminal prosecutions, the accusedshall have the right to appear and defendhimself in person, and by counsel; to de-mand the nature and cause of the accusa-tion; to be confronted with the witnessesagainst him; to have the charge and testi-mony interpreted to him in a language thathe understands; to have compulsory processto compel the attendance of necessary wit-nesses in his behalf, and a speedy public trialby an impartial jury of the county or dis-trict in which the offense is alleged to havebeen committed. (As amended November4, 1924, effective January 1, 1925, Novem-ber 4, 1980, and November 8, 1994.)

Sec. 15. [Self-incrimination; doublejeopardy.]

No person shall be compelled to testifyagainst himself in a criminal proceeding,nor shall any person be twice put in jeopardyfor the same offense; and when the indict-

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ment, information or affidavit upon whichany person is convicted charges different of-fenses or different degrees of the same of-fense and a new trial is granted the accused,he may not again be tried for an offense ordegree of the offense greater than the one ofwhich he was convicted.

Sec. 16. [Treason.]

Treason against the state shall consistonly in levying war against it, adhering toits enemies, or giving them aid and comfort.No person shall be convicted of treason un-less on the testimony of two witnesses tothe same overt act, or on confession in opencourt.

Sec. 17. [Freedom of speech and press;libel.]

Every person may freely speak, write andpublish his sentiments on all subjects, be-ing responsible for the abuse of that right;and no law shall be passed to restrain orabridge the liberty of speech or of the press.In all criminal prosecutions for libels, thetruth may be given in evidence to the jury;and if it shall appear to the jury that the mat-ter charged as libelous is true and was pub-

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lished with good motives and for justifiableends, the party shall be acquitted.

Sec. 18. [Due process; equal protection;sex discrimination.]

No person shall be deprived of life, lib-erty or property without due process of law;nor shall any person be denied equal protec-tion of the laws. Equality of rights underlaw shall not be denied on account of the sexof any person. (As amended November 7,1972, effective July 1, 1973).

Sec. 19. [Retroactive laws; bills ofattainder; impairment of contracts.]

No ex post facto law, bill of attaindernor law impairing the obligation of contractsshall be enacted by the legislature.

Sec. 20. [Eminent domain.]

Private property shall not be taken ordamaged for public use without just com-pensation.

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Sec. 21. [Imprisonment for debt.]

No person shall be imprisoned for debt inany civil action.

Sec. 23. [Reserved rights.]

The enumeration in this constitution ofcertain rights shall not be construed to deny,impair or disparage others retained by thepeople.

Sec. 24. [Victim’s rights.]

A. A victim of arson resulting in bod-ily injury, aggravated arson, aggravatedassault, aggravated battery, dangerous useof explosives, negligent use of a deadlyweapon, murder, voluntary manslaugh-ter, involuntary manslaughter, kidnapping,criminal sexual penetration, criminal sexualcontact of a minor, homicide by vehicle,great bodily injury by vehicle or abandon-ment or abuse of a child or that victim’srepresentative shall have the followingrights as provided by law:

(1) the right to be treated with fair-ness and respect for the victim’s dignityand privacy throughout the criminal justiceprocess;

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(2) the right to timely disposition of thecase;

(3) the right to be reasonably protectedfrom the accused throughout the criminaljustice process;

(4) the right to notification of court pro-ceedings;

(5) the right to attend all public courtproceedings the accused has the right to at-tend;

(6) the right to confer with the prosecu-tion;

(7) the right to make a statement to thecourt at sentencing and at any post-sentenc-ing hearings for the accused;

(8) the right to restitution from the per-son convicted of the criminal conduct thatcaused the victim’s loss or injury;

(9) the right to information about theconviction, sentencing, imprisonment, es-cape or release of the accused;

(10) the right to have the prosecuting at-torney notify the victim’s employer, if re-quested by the victim, of the necessity ofthe victim’s cooperation and testimony ina court proceeding that may necessitate theabsence of the victim from work for goodcause; and

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Article III – Distribution of Powers

(11) the right to promptly receive anyproperty belonging to the victim that is be-ing held for evidentiary purposes by a lawenforcement agency or the prosecuting at-torney, unless there are compelling eviden-tiary reasons for retention of the victim’sproperty.

B. A person accused or convicted of acrime against a victim shall have no stand-ing to object to any failure by any person tocomply with the provisions of Subsection Aof Section 24 of Article 2 of the constitutionof New Mexico.

C. The provisions of this amendmentshall not take effect until the legislature en-acts laws to implement this amendment. (Asadded November 3, 1992.)

ARTICLE III

Distribution of Powers

Sec.1. Separation of departments; establishment

of workers compensation body.

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Article III – Distribution of Powers

Sec. 1. [Separation of departments;establishment of workers compensationbody.]

The powers of the government of thisstate are divided into three distinct depart-ments, the legislative, executive and judi-cial, and no person or collection of personscharged with the exercise of powers prop-erly belonging to one of these departments,shall exercise any powers properly belong-ing to either of the others, except as in thisconstitution otherwise expressly directed orpermitted. Nothing in this section, or else-where in this constitution, shall prevent thelegislature from establishing, by statute, abody with statewide jurisdiction other thanthe courts of this state for the determina-tion of rights and liabilities between personswhen those rights and liabilities arise fromtransactions or occurrences involving per-sonal injury sustained in the course of em-ployment by an employee. The statute shallprovide for the type and organization of thebody, the mode of appointment or electionof its members and such other matters as thelegislature may deem necessary or proper.(As amended November 4, 1986.)

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Article IV – Legislative Department

ARTICLE IV

Legislative Department

Sec.1. Vesting of legislative power; location of

sessions; referendum on legislation.2. Powers generally; disaster emergency pro-

cedure.3. Number and qualifications of members;

single-member districts; reapportion-ment.

4. Terms of office of members; time of elec-tion; filling of vacancies.

5. Time and length of sessions; items consid-ered in even-numbered years.

6. Special session; extraordinary session.7. Judge of election and qualification of mem-

bers; quorum.8. Call to order; presiding officers.9. Selection and compensation of officers and

employees.10. Compensation of members.11. Rules of procedure; contempt or disor-

derly conduct; expulsion of members.12. Public sessions; journals.13. Privileges and immunities.14. Adjournment.15. Laws to be passed by bill; alteration of bill;

enacting clause; printing and reading ofbill.

16. Subject of bill in title; appropriation bills.17. Passage of bills.18. Amendment of statutes.19. Introduction of bills.

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Sec.20. Enrollment, engrossment and signing of

bills.21. Alteration or theft of bill.22. Governor’s approval or veto of bills.23. Effective date of law; emergency acts.24. Local or special laws.25. Validating unauthorized official acts; fines

against officers, etc.26. Grant of franchise or privilege.27. Extra or increased compensation for offi-

cers, contractors, etc.28. Appointment of present and former legis-

lators to office; interest of legislators incontracts.

29. Laws creating debts.30. Payments from treasury to be upon appro-

priations and warrant.31. Appropriations for charitable, educa-

tional, etc., purposes.32. Remission of debts due state or municipal-

ities.33. Prosecutions under repealed laws.34. Change of rights or procedure in pending

cases.35. Power and procedure for impeachment

and trial.36. Officers subject to impeachment.37. Railroad passes.38. Monopolies.39. "Bribery" and "solicitation" defined.40. Penalty for bribery.41. Compelling testimony in bribery cases.42. Hearings on confirmation of gubernatorial

appointments.

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Sec. 1. [Vesting of legislative power;location of sessions; referendum onlegislation.]

The legislative power shall be vested in asenate and house of representatives whichshall be designated the legislature of thestate of New Mexico, and shall hold its ses-sions at the seat of government.

The people reserve the power to disap-prove, suspend and annul any law enactedby the legislature, except general appropri-ation laws; laws providing for the preser-vation of the public peace, health or safety;for the payment of the public debt or inter-est thereon, or the creation or funding of thesame, except as in this constitution other-wise provided; for the maintenance of thepublic schools or state institutions, and lo-cal or special laws. Petitions disapprovingany law other than those above excepted,enacted at the last preceding session of thelegislature, shall be filed with the secretaryof state not less than four months prior tothe next general election. Such petitionsshall be signed by not less than ten percentum of the qualified electors of each ofthree-fourths of the counties and in the ag-gregate by not less than ten per centum of

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the qualified electors of the state, as shownby the total number of votes cast at the lastpreceding general election. The question ofthe approval or rejection of such law shallbe submitted by the secretary of state to theelectorate at the next general election; andif a majority of the legal votes cast thereon,and not less than forty per centum of the to-tal number of legal votes cast at such gen-eral election, be cast for the rejection ofsuch law, it shall be annulled and therebyrepealed with the same effect as if the legis-lature had then repealed it, and such repealshall revive any law repealed by the act soannulled; otherwise, it shall remain in forceunless subsequently repealed by the legisla-ture. If such petition or petitions be signedby not less than twenty-five per centum ofthe qualified electors under each of the fore-going conditions, and be filed with the sec-retary of state within ninety days after theadjournment of the session of the legislatureat which such law was enacted, the oper-ation thereof shall be thereupon suspendedand the question of its approval or rejectionshall be likewise submitted to a vote at thenext ensuing general election. If a majorityof the votes cast thereon and not less thanforty per centum of the total number of votes

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cast at such general election be cast for itsrejection, it shall be thereby annulled; oth-erwise, it shall go into effect upon publica-tion of the certificate of the secretary of statedeclaring the result of the vote thereon. Itshall be a felony for any person to sign anysuch petition with any name other than hisown, or to sign his name more than oncefor the same measure, or to sign such peti-tion when he is not a qualified elector in thecounty specified in such petition; provided,that nothing herein shall be construed to pro-hibit the writing thereon of the name of anyperson who cannot write, and who signs thesame with his mark. The legislature shallenact laws necessary for the effective exer-cise of the power hereby reserved.

Sec. 2. [Powers generally; disasteremergency procedure.]

In addition to the powers herein enumer-ated, the legislature shall have all powersnecessary to the legislature of a free state,including the power to enact reasonable andappropriate laws to guarantee the continu-ity and effective operation of state and localgovernment by providing emergency proce-dure for use only during periods of disas-

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ter emergency. A disaster emergency is de-fined as a period when damage or injury topersons or property in this state, caused byenemy attack, is of such magnitude that astate of martial law is declared to exist in thestate, and a disaster emergency is declaredby the chief executive officer of the UnitedStates and the chief executive officer of thisstate, and the legislature has not declared byjoint resolution that the disaster emergencyis ended. Upon the declaration of a disasteremergency the chief executive of the stateshall within seven days call a special ses-sion of the legislature which shall remain incontinuous session during the disaster emer-gency, and may recess from time to time for[not] more than three days. (As amendedNovember 8, 1960.)

Sec. 3. [Number and qualificationsof members; single-member districts;reapportionment.]

A. Senators shall not be less thantwenty-five years of age and representa-tives not less than twenty-one years of ageat the time of their election. If any senatoror representative permanently removes hisresidence from or maintains no residence in

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the district from which he was elected, thenhe shall be deemed to have resigned and hissuccessor shall be selected as provided inSection 4 of this article. No person shall beeligible to serve in the legislature who, atthe time of qualifying, holds any office oftrust or profit with the state, county or na-tional governments, except notaries publicand officers of the militia who receive nosalary.

B. The senate shall be composed of nomore than forty-two members elected fromsingle-member districts.

C. The house of representatives shall becomposed of no more than seventy memberselected from single-member districts.

D. Once following publication of theofficial report of each federal decennial cen-sus hereafter conducted, the legislature mayby statute reapportion its membership. (Asrepealed and reenacted November 2, 1976.)

Sec. 4. [Terms of office of members; timeof election; filling of vacancies.]

Members of the legislature shall beelected as follows: those senators fromBernalillo, Chaves, Curry, DeBaca, Grant,Lea, Lincoln, Luna, Sandoval, San Juan,

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San Miguel, Socorro, Taos, Torrance, Unionand Valencia counties for a term of six yearsstarting January 1, 1961, and after servingsuch terms shall be elected for a term offour years thereafter; those senators fromall other counties for the terms of four years,and members of the house of representa-tives for a term of two years. They shallbe elected on the day provided by law forholding the general election of state officersor representatives in congress. If a vacancyoccurs in the office of senator or member ofthe house of representatives, for any reason,the county commissioners of the countywherein the vacancy occurs shall fill suchvacancy by appointment.

Such legislative appointments as pro-vided in this section shall be for a termending on December 31, subsequent tothe next succeeding general election. (Asamended September 15, 1953, and Novem-ber 8, 1960.)

Sec. 5. [Time and length of sessions;items considered in even-numberedyears.]

A. Each regular session of the legisla-ture shall begin annually at 12:00 noon on

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the third Tuesday of January. Every regu-lar session of the legislature convening dur-ing an odd-numbered year shall remain insession not to exceed sixty days, and everyregular session of the legislature conveningduring an even-numbered year shall remainin session not to exceed thirty days. No spe-cial session of the legislature shall exceedthirty days.

B. Every regular session of the legis-lature convening during an even-numberedyear shall consider only the following:

(1) budgets, appropriations and revenuebills;

(2) bills drawn pursuant to special mes-sages of the governor; and

(3) bills of the last previous regular ses-sion vetoed by the governor.

(As amended November 5, 1940,November 5, 1946, and November 3, 1964.)

Sec. 6. [Special session; extraordinarysession.]

Special sessions of the legislature may becalled by the governor, but no business shallbe transacted except such as relates to theobjects specified in this proclamation. Pro-vided, however, that when three-fifths of the

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members elected to the house of representa-tives and three-fifths of the members electedto the senate shall have certified to the gov-ernor of the state of New Mexico that in theiropinion an emergency exists in the affairs ofthe state of New Mexico, it shall thereuponbe the duty of said governor and mandatoryupon him, within five days from the receiptof such certificate or certificates, to convenesaid legislature in extraordinary session forall purposes; and in the event said governorshall, within said time, Sundays excluded,fail or refuse to convene said legislature asaforesaid, then and in that event said legisla-ture may convene itself in extraordinary ses-sion, as if convened in regular session, forall purposes, provided that such extraordi-nary self-convened session shall be limitedto a period of thirty days, unless at the expi-ration of said period, there shall be pendingan impeachment trial of some officer of thestate government, in which event the legis-lature shall be authorized to remain in ses-sion until such trial shall have been com-pleted. (As amended November 2, 1948.)

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Sec. 7. [Judge of election andqualification of members; quorum.]

Each house shall be the judge of the elec-tion and qualifications of its own members.A majority of either house shall constitutea quorum to do business, but a less num-ber may effect a temporary organization, ad-journ from day to day and compel the atten-dance of absent members.

Sec. 8. [Call to order; presiding officers.]

The senate shall be called to order in thehall of the senate by the lieutenant governor.The senate shall elect a president pro tem-pore who shall preside in the absence of thelieutenant governor and shall serve until thenext session of the legislature. The houseof representatives shall be called to orderin the hall of said house by the secretary ofstate. He shall preside until the election of aspeaker, who shall be the member receivingthe highest number of votes for that office.

Sec. 9. [Selection and compensation ofofficers and employees.]

The legislature shall select its own offi-cers and employees and fix their compensa-

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tion. Each house shall have one chaplain,one chief clerk and one sergeant at arms;and there shall be one assistant chief clerkand one assistant sergeant at arms for eachhouse; and each house may employ suchenrolling clerks, reading clerks, stenogra-phers, janitors and such subordinate em-ployees in addition to those enumerated, asthey may reasonably require and their com-pensation shall be fixed by the said legisla-ture at the beginning of each session. (Asamended November 2, 1948.)

Sec. 10. [Compensation of members.]

Each member of the legislature shall re-ceive:

A. per diem at the internal revenue ser-vice per diem rate for the city of Santa Fefor each day’s attendance during each ses-sion of the legislature and the internal rev-enue service standard mileage rate for eachmile traveled in going to and returning fromthe seat of government by the usual traveledroute, once each session as defined by Arti-cle 4, Section 5 of this constitution;

B. per diem expense and mileage at thesame rates as provided in Subsection A ofthis section for service at meetings required

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by legislative committees established by thelegislature to meet in the interim betweensessions; and

C. no other compensation, perquisiteor allowance. (As amended November 7,1944, September 15, 1953, November 2,1971, November 2, 1982 and November 5,1996.)

Sec. 11. [Rules of procedure; contemptor disorderly conduct; expulsion ofmembers.]

Each house may determine the rules ofits procedure, punish its members or oth-ers for contempt or disorderly behavior inits presence and protect its members againstviolence; and may, with the concurrence oftwo-thirds of its members, expel a member,but not a second time for the same act. Pun-ishment for contempt or disorderly behavioror by expulsion shall not be a bar to criminalprosecution.

Sec. 12. [Public sessions; journals.]

All sessions of each house shall be pub-lic. Each house shall keep a journal of itsproceedings and the yeas and nays on anyquestions shall, at the request of one-fifth

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of the members present, be entered thereon.The original thereof shall be filed with thesecretary of state at the close of the session,and shall be printed and published under hisauthority.

Sec. 13. [Privileges and immunities.]

Members of the legislature shall, in allcases except treason, felony and breach ofthe peace, be privileged from arrest duringtheir attendance at the sessions of their re-spective houses, and on going to and return-ing from the same. And they shall not bequestioned in any other place for any speechor debate or for any vote cast in either house.

Sec. 14. [Adjournment.]

Neither house shall, without the consentof the other, adjourn for more than threedays, Sundays excepted; nor to any otherplace than that where the two houses are sit-ting; and on the day of the final adjournmentthey shall adjourn at twelve o’clock, noon.

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Sec. 15. [Laws to be passed by bill;alteration of bill; enacting clause;printing and reading of bill.]

No law shall be passed except by bill, andno bill shall be so altered or amended on itspassage through either house as to changeits original purpose. The enacting clauseof all bills shall be: "Be it enacted by thelegislature of the state of New Mexico." Anybill may originate in either house. No bill,except bills to provide for the public peace,health and safety, and the codification orrevision of the laws, shall become a lawunless it has been printed, and read threedifferent times in each house, not more thantwo of which readings shall be on the sameday, and the third of which shall be in full.

Sec. 16. [Subject of bill in title;appropriation bills.]

The subject of every bill shall be clearlyexpressed in its title, and no bill embracingmore than one subject shall be passed exceptgeneral appropriation bills and bills for thecodification or revision of the laws; but ifany subject is embraced in any act which isnot expressed in its title, only so much of theact as is not so expressed shall be void. Gen-

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eral appropriation bills shall embrace noth-ing but appropriations for the expense of theexecutive, legislative and judiciary depart-ments, interest, sinking fund, payments onthe public debt, public schools and other ex-penses required by existing laws; but if anysuch bill contain any other matter, only somuch thereof as is hereby forbidden to beplaced therein shall be void. All other ap-propriations shall be made by separate bills.

Sec. 17. [Passage of bills.]

No bill shall be passed except by a voteof a majority of the members present in eachhouse, nor unless on its final passage a votebe taken by yeas and nays, and entered onthe journal.

Sec. 18. [Amendment of statutes.]

No law shall be revised or amended, orthe provisions thereof extended by referenceto its title only; but each section thereof asrevised, amended or extended shall be setout in full.

Notwithstanding the foregoing or anyother provision of this constitution, thelegislature, in any law imposing a tax ortaxes, may define the amount on, in re-

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spect to or by which such tax or taxes areimposed or measured, by reference to anyprovision of the laws of the United Statesas the same may be or become effective atany time or from time to time, and may pre-scribe exceptions or modifications to anysuch provision. (As amended November 3,1964.)

Sec. 19. [Introduction of bills.]

Time limitation on the introduction ofbills at any session of the legislature shall beestablished by law. (As amended November8, 1932, and November 8, 1960.)

Sec. 20. [Enrollment, engrossment andsigning of bills.]

Immediately after the passage of any billor resolution, it shall be enrolled and en-grossed, and read publicly in full in eachhouse, and thereupon shall be signed by thepresiding officers of each house in open ses-sion, and the fact of such reading and sign-ing shall be entered on the journal. No inter-lineation or erasure in a signed bill, shall beeffective, unless certified thereon in expressterms by the presiding officer of each housequoting the words interlined or erased, nor

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unless the fact of the making of such inter-lineation or erasure be publicly announcedin each house and entered on the journal.

Sec. 21. [Alteration or theft of bill.]

Any person who shall, without lawful au-thority, materially change or alter, or makeaway with, any bill pending in or passed bythe legislature, shall be deemed guilty of afelony and upon conviction thereof shall bepunished by imprisonment in the peniten-tiary for not less than one year nor more thanfive years.

Sec. 22. [Governor’s approval or vetoof bills.]

Every bill passed by the legislature shall,before it becomes a law, be presented to thegovernor for approval. If he approves, heshall sign it, and deposit it with the secre-tary of state; otherwise, he shall return it tothe house in which it originated, with hisobjections, which shall be entered at largeupon the journal; and such bill shall not be-come a law unless thereafter approved bytwo-thirds of the members present and vot-ing in each house by yea and nay vote en-tered upon its journal. Any bill not returned

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by the governor within three days, Sundaysexcepted, after being presented to him, shallbecome a law, whether signed by him or not,unless the legislature by adjournment pre-vent such return. Every bill presented tothe governor during the last three days ofthe session shall be approved by him withintwenty days after the adjournment and shallbe by him immediately deposited with thesecretary of state. Unless so approved andsigned by him such bill shall not become alaw. The governor may in like manner ap-prove or disapprove any part or parts, itemor items, of any bill appropriating money,and such parts or items approved shall be-come a law, and such as are disapprovedshall be void unless passed over his veto, asherein provided. (As amended September15, 1953.)

Sec. 23. [Effective date of law;emergency acts.]

Laws shall go into effect ninety days af-ter the adjournment of the legislature en-acting them, except general appropriationlaws, which shall go into effect immediatelyupon their passage and approval. Any actnecessary for the preservation of the pub-

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lic peace, health or safety, shall take effectimmediately upon its passage and approval,provided it be passed by two-thirds vote ofeach house and such necessity be stated in aseparate section.

Sec. 24. [Local or special laws.]

The legislature shall not pass local or spe-cial laws in any of the following cases: reg-ulating county, precinct or district affairs;the jurisdiction and duties of justices of thepeace, police magistrates and constables;the practice in courts of justice; the rateof interest on money; the punishment forcrimes and misdemeanors; the assessmentor collection of taxes or extending the timeof collection thereof; the summoning andimpaneling of jurors; the management ofpublic schools; the sale or mortgaging ofreal estate of minors or others under disabil-ity; the change of venue in civil or criminalcases. Nor in the following cases: grant-ing divorces; laying out, opening, alteringor working roads or highways, except asto state roads extending into more than onecounty, and military roads; vacating roads,town plats, streets, alleys or public grounds;locating or changing county seats, or chang-

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ing county lines, except in creating newcounties; incorporating cities, towns or vil-lages, or changing or amending the char-ter of any city, town or village; the open-ing or conducting of any election or des-ignating the place of voting; declaring anyperson of age; chartering or licensing fer-ries, toll bridges, toll roads, banks, insur-ance companies or loan and trust compa-nies; remitting fines, penalties, forfeituresor taxes; or refunding money paid into thestate treasury, or relinquishing, extending orextinguishing, in whole or in part, any in-debtedness or liability of any person or cor-poration, to the state or any municipalitytherein; creating, increasing or decreasingfees, percentages or allowances of public of-ficers; changing the laws of descent; grant-ing to any corporation, association or indi-vidual the right to lay down railroad tracksor any special or exclusive privilege, immu-nity or franchise, or amending existing char-ters for such purpose; changing the rules ofevidence in any trial or inquiry; the limita-tion of actions; giving effect to any informalor invalid deed, will or other instrument; ex-empting property from taxation; restoring tocitizenship any person convicted of an in-famous crime; the adoption or legitimizing

37


of children; changing the name of personsor places; and the creation, extension or im-pairment of liens. In every other case wherea general law can be made applicable, nospecial law shall be enacted.

Sec. 25. [Validating unauthorized officialacts; fines against officers, etc.]

No law shall be enacted legalizing theunauthorized or invalid act of any officer,remitting any fine, penalty or judgmentagainst any officer or validating any illegaluse of public funds.

Sec. 26. [Grant of franchise or privilege.]

The legislature shall not grant to anycorporation or person, any rights, fran-chises, privileges, immunities or exemp-tions, which shall not, upon the same termsand under like conditions, inure equally toall persons or corporations; no exclusiveright, franchise, privilege or immunity shallbe granted by the legislature or any munici-pality in this state.

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Sec. 27. [Extra or increasedcompensation for officers, contractors,etc.]

No law shall be enacted giving any extracompensation to any public officer, servant,agent or contractor after services are ren-dered or contract made; nor shall the com-pensation of any officer be increased or di-minished during his term of office, exceptas otherwise provided in this constitution.

Sec. 28. [Appointment of present andformer legislators to office; interest oflegislators in contracts.]

No member of the legislature shall, dur-ing the term for which he was elected, beappointed to any civil office in the state, norshall he within one year thereafter be ap-pointed to any civil office created, or theemoluments of which were increased dur-ing such term; nor shall any member of thelegislature during the term for which he waselected nor within one year thereafter, be in-terested directly or indirectly in any contractwith the state or any municipality thereof,which was authorized by any law passedduring such term.

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Sec. 29. [Laws creating debts.]

No law authorizing indebtedness shall beenacted which does not provide for levyinga tax sufficient to pay the interest, and forthe payment at maturity of the principal.

Sec. 30. [Payments from treasury to beupon appropriations and warrant.]

Except interest or other payments on thepublic debt, money shall be paid out of thetreasury only upon appropriations made bythe legislature. No money shall be paidtherefrom except upon warrant drawn by theproper officer. Every law making an appro-priation shall distinctly specify the sum ap-propriated and the object to which it is to beapplied.

Sec. 31. [Appropriations for charitable,educational, etc., purposes.]

No appropriation shall be made for chari-table, educational or other benevolent pur-poses to any person, corporation, associa-tion, institution or community, not under theabsolute control of the state, but the legisla-ture may, in its discretion, make appropria-tions for the charitable institutions and hos-

40


pitals, for the maintenance of which annualappropriations were made by the legislativeassembly of nineteen hundred and nine.

Sec. 32. [Remission of debts due state ormunicipalities.]

No obligation or liability of any person,association or corporation held or owned byor owing to the state, or any municipal cor-poration therein, shall ever be exchanged,transferred, remitted, released, postponed orin any way diminished by the legislature,nor shall any such obligation or liability beextinguished except by the payment thereofinto the proper treasury, or by proper pro-ceeding in court. Provided that the obliga-tions created by Special Session Laws 1955,Chapter 5, running to the state or any ofits agencies, remaining unpaid on the effec-tive date of this amendment are void. (Asamended November 4, 1958.)

Sec. 33. [Prosecutions under repealedlaws.]

No person shall be exempt from prose-cution and punishment for any crime or of-fenses against any law of this state by reasonof the subsequent repeal of such law.

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Sec. 34. [Change of rights or procedurein pending cases.]

No act of the legislature shall affect theright or remedy of either party, or changethe rules of evidence or procedure, in anypending case.

Sec. 35. [Power and procedure forimpeachment and trial.]

The sole power of impeachment shall bevested in the house of representatives, anda concurrence of a majority of all the mem-bers elected shall be necessary to the properexercise thereof. All impeachments shall betried by the senate. When sitting for thatpurpose the senators shall be under oath oraffirmation to do justice according to thelaw and the evidence. When the governoror lieutenant governor is on trial, the chiefjustice of the supreme court shall preside.No person shall be convicted without theconcurrence of two-thirds of the senatorselected.

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Sec. 36. [Officers subject toimpeachment.]

All state officers and judges of the dis-trict court shall be liable to impeachmentfor crimes, misdemeanors and malfeasancein office, but judgment in such cases shallnot extend further than removal from officeand disqualification to hold any office ofhonor, trust or profit, or to vote under thelaws of this state; but such officer or judge,whether convicted or acquitted shall, never-theless, be liable to prosecution, trial, judg-ment, punishment or civil action, accordingto law. No officer shall exercise any pow-ers or duties of his office after notice of hisimpeachment is served upon him until he isacquitted.

Sec. 37. [Railroad passes.]

It shall not be lawful for a member ofthe legislature to use a pass, or to purchaseor receive transportation over any railroadupon terms not open to the general public;and the violation of this section shall worka forfeiture of the office.

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Sec. 38. [Monopolies.]

The legislature shall enact laws to preventtrusts, monopolies and combinations in re-straint of trade.

Sec. 39. ["Bribery" and "solicitation"defined.]

Any member of the legislature who shallvote or use his influence for or against anymatter pending in either house in considera-tion of any money, thing of value or promisethereof, shall be deemed guilty of bribery;and any member of the legislature or otherperson who shall directly or indirectly of-fer, give or promise any money, thing ofvalue, privilege or personal advantage, toany member of the legislature to influencehim to vote or work for or against any mat-ter pending in either house; or any memberof the legislature who shall solicit from anyperson or corporation any money, thing ofvalue or personal advantage for his vote orinfluence as such member shall be deemedguilty of solicitation of bribery.

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Sec. 40. [Penalty for bribery.]

Any person convicted of any of the of-fenses mentioned in Sections thirty-sevenand thirty-nine hereof, shall be deemedguilty of a felony and upon conviction shallbe punished by fine of not more than onethousand dollars [($1,000)] or by impris-onment in the penitentiary for not less thanone nor more than five years.

Sec. 41. [Compelling testimony inbribery cases.]

Any person may be compelled to tes-tify in any lawful investigation or judicialproceeding against another charged withbribery or solicitation of bribery as definedherein, and shall not be permitted to with-hold his testimony on the ground that itmight incriminate or subject him to publicinfamy; but such testimony shall not beused against him in any judicial proceedingagainst him except for perjury in givingsuch testimony.

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Sec. 42. [Hearings on confirmation ofgubernatorial appointments.]

The senate, in exercising its advice andconsent responsibilities over gubernatorialappointments, may by resolution designatethe members of an appropriate standingcommittee to operate as an interim commit-tee during the interim between legislativesessions for the purpose of conducting hear-ings and taking testimony on the confirma-tion or rejection of gubernatorial appoint-ments. Recommendations of the committeeshall be submitted to the senate for actionat the next succeeding legislative session.Members of such committee shall be paidper diem and mileage for attendance at suchhearings at the same rates as legislatorsare paid for attendance at joint legislativeinterim committee meetings. The governorshall submit all appointments requiring sen-ate confirmation to such committee withinthirty days after the date of appointment.(As added November 4, 1986.)

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Article V – Executive Department

ARTICLE V

Executive Department

Sec.1. Composition of department; terms of office

of members; residing and maintainingrecords at seat of government.

2. Canvass of elections; tie votes.3. Qualifications of executive officers.4. Governor’s executive power; commander

of militia.5. Governor’s appointive and removal power;

interim appointees.6. Governor’s power to pardon and reprieve.7. Succession to governorship.8. Lieutenant governor to be president of sen-

ate.9. Public accounts and reports.10. State seal.11. Commissions.12. Compensation of executive officers.13. Residence of public officers; election from

equal districts.14. State transportation commission.

Sec. 1. [Composition of department;terms of office of members; residingand maintaining records at seat ofgovernment.]

The executive department shall consist ofa governor, lieutenant governor, secretary ofstate, state auditor, state treasurer, attorney

47


general and commissioner of public lands,who shall, unless otherwise provided in theconstitution of New Mexico, be elected forterms of four years beginning on the firstday of January next after their election. Thegovernor and lieutenant governor shall beelected jointly by the casting by each voterof a single vote applicable to both offices.

Such officers shall, after having servedtwo terms in a state office, be ineligible tohold that state office until one full term hasintervened.

The officers of the executive department,except the lieutenant governor, shall duringtheir terms of office, reside and keep thepublic records, books, papers and seals ofoffice at the seat of government.

Upon the adoption of this amendment bythe people, the terms provided for in thissection shall apply to those officers electedat the general election in 1990 and all stateexecutive officers elected thereafter. (Asamended November 3, 1914, November 4,1958, effective January 1, 1959, November6, 1962, November 3, 1970 and November4, 1986.)

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Sec. 2. [Canvass of elections; tie votes.]

The returns of every election for state of-ficers shall be sealed up and transmitted tothe secretary of state, who, with the gov-ernor and chief justice, shall constitute thestate canvassing board which shall canvassand declare the result of the election. Thejoint candidates having the highest numberof votes cast for governor and lieutenantgovernor and the person having the high-est number of votes for any other office,as shown by said returns, shall be declaredduly elected. If two or more have an equal,and the highest, number of votes for thesame office or offices, one of them, or anytwo for whom joint votes were cast for gov-ernor and lieutenant governor respectively,shall be chosen therefor by the legislatureon joint ballot. (As amended November 6,1962.)

Sec. 3. [Qualifications of executiveofficers.]

No person shall be eligible to any of-fice specified in Section One, hereof, un-less he be a citizen of the United States, atleast thirty years of age, nor unless he shallhave resided continuously in New Mexico

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for five years next preceding his election;nor to the office of attorney general, un-less he be a licensed attorney of the supremecourt of New Mexico in good standing; norto the office of superintendent of public in-struction unless he be a trained and experi-enced educator.

Sec. 4. [Governor’s executive power;commander of militia.]

The supreme executive power of the stateshall be vested in the governor, who shalltake care that the laws be faithfully exe-cuted. He shall be commander in chief ofthe military forces of the state, except whenthey are called into the service of the UnitedStates. He shall have power to call out themilitia to preserve the public peace, executethe laws, suppress insurrection and repel in-vasion.

Sec. 5. [Governor’s appointive andremoval power; interim appointees.]

The governor shall nominate and, by andwith the consent of the senate, appoint all of-ficers whose appointment or election is nototherwise provided for and may remove anyofficer appointed by him unless otherwise

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provided by law. Should a vacancy occurin any state office, except lieutenant gover-nor and member of the legislature, the gov-ernor shall fill such office by appointment,and such appointee shall hold office untilthe next general election, when his succes-sor shall be chosen for the unexpired term.(As amended November 8, 1988.)

Sec. 6. [Governor’s power to pardonand reprieve.]

Subject to such regulations as may beprescribed by law, the governor shall havepower to grant reprieves and pardons, af-ter conviction for all offenses except treasonand in cases of impeachment.

Sec. 7. [Succession to governorship.]

If at the time fixed for the beginning ofthe term of the governor, the governor-electshall have died, the lieutenant governor-elect shall become governor. If a governorshall not have been chosen before the timefixed for the beginning of his term, or if thegovernor-elect shall have failed to qualify,then the lieutenant governor-elect shall actas governor until a governor shall have qual-ified; and the legislature may by law provide

51


for the case wherein neither a governor-electnor a lieutenant governor-elect shall havequalified, declaring who shall then act asgovernor, or the manner in which one whois to act shall be selected, and such per-son shall act accordingly until a governor orlieutenant governor shall have qualified.

If after the governor-elect has qualified avacancy occurs in the office of governor, thelieutenant governor shall succeed to that of-fice, and to all the powers, duties and emol-uments thereof, provided he has by that timequalified for the office of lieutenant gover-nor. In case the governor is absent from thestate, or is for any reason unable to performhis duties, the lieutenant governor shall actas governor, with all the powers, duties andemoluments of that office until such disabil-ity be removed. In case there is no lieu-tenant governor, or in case he is for any rea-son unable to perform the duties of gover-nor, then the secretary of state shall performthe duties of governor, and, in case there isno secretary of state, then the president protempore of the senate, or in case there is nopresident pro tempore of the senate, or he isfor any reason unable to perform the dutiesof governor, then the speaker of the houseshall succeed to the office of governor, or act

52


as governor as hereinbefore provided. (Asamended November 2, 1948.)

Sec. 8. [Lieutenant governor to bepresident of senate.]

The lieutenant governor shall be presi-dent of the senate, but shall vote only whenthe senate is equally divided.

Sec. 9. [Public accounts and reports.]

Each officer of the executive departmentand of the public institutions of the stateshall keep an account of all moneys re-ceived by him and make reports thereof tothe governor under oath, annually, and atsuch other times as the governor may re-quire, and shall, at least thirty days preced-ing each regular session of the legislature,make a full and complete report to the gov-ernor, who shall transmit the same to the leg-islature.

Sec. 10. [State seal.]

There shall be a state seal which shall becalled the "Great Seal of the State of NewMexico," and shall be kept by the secretaryof state.

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Sec. 11. [Commissions.]

All commissions shall issue in the nameof the state, be signed by the governor andattested by the secretary of state, who shallaffix the state seal thereto.

Sec. 12. [Compensation of executiveofficers.]

The annual compensation to be paidto the officers mentioned in Section Oneof this article shall be as follows: gov-ernor, five thousand dollars [($5,000)];secretary of state, three thousand dollars[($3,000)]; state auditor, three thousanddollars [($3,000)]; state treasurer, threethousand dollars [($3,000)]; attorney gen-eral, four thousand dollars [($4,000)]; su-perintendent of public instruction, threethousand dollars [$3,000)]; and commis-sioner of public lands, three thousand dol-lars [($3,000)]; which compensation shallbe paid to the respective officers in equalquarterly payments.

The lieutenant governor shall receive tendollars [($10.00)] per diem while acting aspresiding officer of the senate, and mileageat the same rate as a state senator.

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The compensation herein fixed shall befull payment for all services rendered bysaid officers and they shall receive no otherfees or compensation whatsoever.

The compensation of any of said officersmay be increased or decreased by law afterthe expiration of ten years from the date ofthe admission of New Mexico as a state.

Sec. 13. [Residence of public officers;election from equal districts.]

All district and municipal officers, countycommissioners, school board members andmunicipal governing body members shallbe residents of the political subdivision ordistrict from which they are elected or forwhich they are appointed.

Counties, school districts and municipal-ities may be divided by their governing bod-ies into districts composed of populations asnearly equal as practicable for the purposeof electing the members of the respectivegoverning bodies. (As amended November8, 1960 and November 4, 1986.)

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Article VI – Judicial Department

Sec. 14. [State transportationcommission.]

There is created a "state transportationcommission". The members of the statetransportation commission shall be ap-pointed, shall have such power and shallperform such duties as may be provided bylaw. Notwithstanding the provisions of Ar-ticle 5, Section 5 of the constitution of NewMexico, state transportation commissionersshall only be removed as provided by law.(As repealed and re-enacted November 7,1967; as amended November 5, 2002.)

ARTICLE VI

Judicial Department

Sec.1. Judicial power vested.2. Supreme court; appellate jurisdiction.3. Supreme court; original jurisdiction; super-

visory control; extraordinary writs.4. Supreme court; selection of chief justice.5. Supreme court; quorum; majority concur-

ring in judgments.6. Supreme court; absent or disqualified jus-

tice.7. Supreme court; terms, sessions and re-

cesses.8. Supreme court; qualifications of justices.9. Supreme court; officers.

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Sec.10. Supreme court; additional justices.11. Supreme court; salary of justices.12. Judicial districts; district judges.13. District court; jurisdiction and terms.14. District court; qualifications and residence

requirement of judges.15. District court; judges pro tempore.16. District court; additional judges; redis-

tricting.17. District court; judges’ compensation.18. Disqualification of judges or magistrates.19. Ineligibility of justices or judges for non-

judicial offices.20. Style of writs and processes.21. Judges as conservators of the peace;

preliminary examinations in criminalcases.

22. County clerk as district and probate courtclerk.

23. Probate court.24. District attorneys.26. Magistrate court.27. Appeals from probate courts and other in-

ferior courts.28. Court of appeals; number, qualifications,

compensation; quorum; majority con-curring in judgment; power of chief jus-tice to select acting justices.

29. Court of appeals; jurisdiction; issuance ofwrits.

30. Fees collected by judiciary paid to statetreasury.

31. Justices of the peace abolished.32. Judicial standards commission.

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Sec.33. Retention or rejection at general election.34. Vacancies in office; date for filing decla-

ration of candidacy.35. Appellate judges nominating commission.36. District court judges nominating commit-

tee.37. Metropolitan court judges nominating

committee.38. Chief judge of district and metropolitan

court districts.

Sec. 1. [Judicial power vested.]

The judicial power of the state shall bevested in the senate when sitting as a courtof impeachment, a supreme court, a courtof appeals, district courts; probate courts,magistrate courts and such other courts in-ferior to the district courts as may be estab-lished by law from time to time in any dis-trict, county or municipality of the state. (Asamended September 28, 1965, and Novem-ber 8, 1966.)

Sec. 2. [Supreme court; appellatejurisdiction.]

Appeals from a judgment of the districtcourt imposing a sentence of death or lifeimprisonment shall be taken directly to the

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supreme court. In all other cases, criminaland civil, the supreme court shall exerciseappellate jurisdiction as may be provided bylaw; provided that an aggrieved party shallhave an absolute right to one appeal. (Asamended September 28, 1965.)

Sec. 3. [Supreme court; originaljurisdiction; supervisory control;extraordinary writs.]

The supreme court shall have original ju-risdiction in quo warranto and mandamusagainst all state officers, boards and com-missions, and shall have a superintendingcontrol over all inferior courts; it shall alsohave power to issue writs of mandamus, er-ror, prohibition, habeas corpus, certiorari,injunction and all other writs necessary orproper for the complete exercise of its juris-diction and to hear and determine the same.Such writs may be issued by direction of thecourt, or by any justice thereof. Each justiceshall have power to issue writs of habeascorpus upon petition by or on behalf of aperson held in actual custody, and to makesuch writs returnable before himself or be-fore the supreme court, or before any of thedistrict courts or any judge thereof.

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Sec. 4. [Supreme court; selection of chiefjustice.]

The supreme court of the state shall con-sist of at least five justices who shall be cho-sen as provided in this constitution. One ofthe justices shall be selected as chief justiceas provided by law. (As amended Novem-ber 8, 1988.)

Sec. 5. [Supreme court; quorum;majority concurring in judgments.]

A majority of the justices of the supremecourt shall be necessary to constitute a quo-rum for the transaction of business, and amajority of the justices must concur in anyjudgment of the court.

Sec. 6. [Supreme court; absent ordisqualified justice.]

When a justice of the supreme court shallbe interested in any case, or be absent, orincapacitated, the remaining justices of thecourt may, in their discretion, call in anydistrict judge of the state to act as a justiceof the court.

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Sec. 7. [Supreme court; terms, sessionsand recesses.]

The supreme court shall hold one termeach year, commencing on the secondWednesday in January, and shall be at alltimes in session at the seat of government;provided, that the court may, from time totime, take such recess as in its judgmentmay be proper.

Sec. 8. [Supreme court; qualificationsof justices.]

No person shall be qualified to hold theoffice of justice of the supreme court un-less that person is at least thirty-five yearsold and has been in the actual practice oflaw for at least ten years preceding that per-son’s assumption of office and has residedin this state for at least three years immedi-ately preceding that person’s assumption ofoffice. The actual practice of law shall in-clude a lawyer’s service upon the bench ofany court of this state. The increased quali-fications provided by this 1988 amendmentshall not apply to justices and judges serv-ing at the time this amendment passes orelected at the general election in 1988. (Asamended November 8, 1988.)

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Sec. 9. [Supreme court; officers.]

The supreme court may appoint and re-move at pleasure its reporter, bailiff, clerkand such other officers and assistants as maybe prescribed by law.

Sec. 10. [Supreme court; additionaljustices.]

After the publication of the census of theUnited States in the year nineteen hundredand twenty, the legislature shall have powerto increase the number of justices of thesupreme court to five; provided, however,that no more than two of said justices shallbe elected at one time, except to fill a va-cancy.

Sec. 11. [Supreme court; salary ofjustices.]

The justices of the supreme court shalleach receive such salary as may hereafter befixed by law. (As amended September 15,1953.)

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Sec. 12. [Judicial districts; districtjudges.]

The state shall be divided into judicialdistricts as may be provided by law. Oneor more judges shall be chosen for each dis-trict as provided in this constitution. (Asamended November 8, 1988.)

Sec. 13. [District court; jurisdiction andterms.]

The district court shall have originaljurisdiction in all matters and causes notexcepted in this constitution, and such ju-risdiction of special cases and proceedingsas may be conferred by law, and appellatejurisdiction of all cases originating in infe-rior courts and tribunals in their respectivedistricts, and supervisory control over thesame. The district courts, or any judgethereof, shall have power to issue writsof habeas corpus, mandamus, injunction,quo warranto, certiorari, prohibition and allother writs, remedial or otherwise in theexercise of their jurisdiction; provided, thatno such writs shall issue directed to judgesor courts of equal or superior jurisdiction.The district courts shall also have the powerof naturalization in accordance with the

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laws of the United States. Until otherwiseprovided by law, at least two terms of thedistrict court shall be held annually in eachcounty, at the county seat.

Sec. 14. [District court; qualificationsand residence requirement of judges.]

The qualifications of the district judgesshall be the same as those of justices ofthe supreme court except that district judgesshall have been in the actual practice of lawfor at least six years preceding assumptionof office. Each district judge shall reside inthe district for which the judge was electedor appointed. The increased qualificationsprovided by this 1988 amendment shall notapply to district judges serving at the timethis amendment passes or elected at the gen-eral election in 1988. (As amended Novem-ber 8, 1988.)

Sec. 15. [District court; judges protempore.]

A. Any district judge may hold districtcourt in any county at the request of thejudge of such district.

B. Whenever the public business mayrequire, the chief justice of the supreme

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court shall designate any district judge ofthe state, or any justice of the supreme courtwhen no district judge may be availablewithin a reasonable time, to hold court inany district, and two or more judges maysit in any district or county separately at thesame time.

C. If any district judge is disqualifiedfrom hearing any cause or is unable to expe-ditiously dispose of any cause in the district,the chief justice of the supreme court maydesignate any retired New Mexico districtjudge, court of appeals judge or supremecourt justice, with said designees’ consent,to hear and determine the cause and to act asdistrict judge pro tempore for such cause.

D. If any judge shall be disqualifiedfrom hearing any cause in the district, theparties to such cause, or their attorneys ofrecord, may select some member of the barto hear and determine said cause, and actas judge pro tempore therein. (As amendedNovember 8, 1938 and November 7, 1978.)

Sec. 16. [District court; additionaljudges; redistricting.]

The legislature may increase the numberof district judges in any judicial district, and

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they shall be elected or appointed as otherdistrict judges for that district. At any ses-sion after the publication of the census ofthe United States in the year nineteen hun-dred and twenty, the legislature may rear-range the districts of the state, increase thenumber thereof, and make provision for adistrict judge for any additional district. (Asamended November 8, 1988.)

Sec. 17. [District court; judges’compensation.]

The legislature shall provide by law forthe compensation of the judges of the dis-trict court. (As amended September 15,1953.)

Sec. 18. [Disqualification of judges ormagistrates.]

No justice, judge or magistrate of anycourt shall, except by consent of all parties,sit in any cause in which either of the par-ties are related to him by affinity or consan-guinity within the degree of first cousin, orin which he was counsel, or in the trial ofwhich he presided in any inferior court, orin which he has an interest. (As amendedNovember 8, 1966.)

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Sec. 19. [Ineligibility of justices orjudges for nonjudicial offices.]

No justice of the supreme court, judge ofthe court of appeals, judge of the districtcourt or judge of a metropolitan court, whileserving, shall be nominated, appointed orelected to any other office in this state ex-cept a judicial office. (As amended Novem-ber 8, 1988.)

Sec. 20. [Style of writs and processes.]

All writs and processes shall issue, and allprosecution shall be conducted in the nameof "The State of New Mexico."

Sec. 21. [Judges as conservators ofthe peace; preliminary examinations incriminal cases.]

Justices of the supreme court, in the state,and district judges and magistrates, in theirrespective jurisdictions, shall be conser-vators of the peace. District judges andother judges or magistrates designated bylaw may hold preliminary examinations incriminal cases. (As amended November 8,1966.)

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Sec. 22. [County clerk as district andprobate court clerk.]

Until otherwise provided by law, a countyclerk shall be elected in each county whoshall, in the county for which he is electedperform all the duties now performed by theclerks of the district courts and clerks of theprobate courts.

Sec. 23. [Probate court.]

A probate court is hereby establishedfor each county, which shall be a court ofrecord, and, until otherwise provided bylaw, shall have the same jurisdiction asheretofore exercised by the probate courtsof New Mexico and shall also have juris-diction to determine heirship with respectto real property in all proceedings for theadministration of decedents’ estates. Thelegislature shall have power from time totime to confer upon the probate court in anycounty in this state jurisdiction to determineheirship in all probate proceedings, andshall have power also from time to time toconfer upon the probate court in any countyin this state general civil jurisdiction coex-tensive with the county; provided, however,that such court shall not have jurisdiction in

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civil causes in which the matter in contro-versy shall exceed in value three thousanddollars ($3,000.00) exclusive of interestand cost; nor in any action for maliciousprosecution, slander and libel; nor in anyaction against officers for misconduct inoffice; nor in any action for the specificperformance of contracts for the sale of realestate; nor in any action for the possessionof land; nor in any matter wherein the titleor boundaries of land may be in dispute ordrawn in question, except as title to realproperty may be affected by the determi-nation of heirship; nor to grant writs ofinjunction, habeas corpus or extraordinarywrits. Jurisdiction may be conferred uponthe judges of said court to act as examin-ing and committing magistrates in criminalcases, and upon said courts for the trialof misdemeanors in which the punishmentcannot be imprisonment in the penitentiary,or in which the fine cannot be in excessof one thousand dollars ($1,000). A juryfor the trial of such cases shall consist ofsix men. The legislature shall prescribe thequalifications and fix the compensation ofprobate judges. (As amended September20, 1949.)

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Sec. 24. [District attorneys.]

There shall be a district attorney for eachjudicial district, who shall be learned in thelaw, and who shall have been a resident ofNew Mexico for three years next prior to hiselection, shall be the law officer of the stateand of the counties within his district, shallbe elected for a term of four years, and shallperform such duties and receive such salaryas may be prescribed by law.

The legislature shall have the power toprovide for the election of additional dis-trict attorneys in any judicial district and todesignate the counties therein for which thedistrict attorneys shall serve; but no districtattorney shall be elected for any district ofwhich he is not a resident.

Sec. 26. [Magistrate court.]

The legislature shall establish a magis-trate court to exercise limited original ju-risdiction as may be provided by law. Themagistrate court shall be composed of suchdistricts and elective magistrates as may beprovided by law. Magistrates shall be qual-ified electors of, and reside in, their re-spective districts, and the legislature shallprescribe other qualifications. Magistrates

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shall receive compensation as may be pro-vided by law, which compensation shall notbe diminished during their term of office.Metropolitan court judges shall be chosenas provided in this constitution. (As re-pealed and reenacted November 8, 1966; asamended November 8, 1988.)

Sec. 27. [Appeals from probate courtsand other inferior courts.]

Appeals shall be allowed in all cases fromthe final judgments and decisions of the pro-bate courts and other inferior courts to thedistrict courts, and in all such appeals, trialshall be had de novo unless otherwise pro-vided by law. (As amended November 8,1966.)

Sec. 28. [Court of appeals; number,qualifications, compensation; quorum;majority concurring in judgment; powerof chief justice to select acting justices.]

The court of appeals shall consist of notless than seven judges who shall be cho-sen as provided in this constitution, whosequalifications shall be the same as thoseof justices of the supreme court and whosecompensation shall be as provided by law.

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The increased qualifications provided bythis 1988 amendment shall not apply tocourt of appeals judges serving at the timethis amendment passes or elected at thegeneral election in 1988.

Three judges of the court of appeals shallconstitute a quorum for the transaction ofbusiness, and a majority of those partici-pating must concur in any judgment of thecourt.

When necessary, the chief justice of thesupreme court may designate any justice ofthe supreme court, or any district judge ofthe state, to act as a judge of the court ofappeals, and the chief justice may designateany judge of the court of appeals to holdcourt in any district, or to act as a justiceof the supreme court. (As added September28, 1965; as amended November 8, 1988.)

Sec. 29. [Court of appeals; jurisdiction;issuance of writs.]

The court of appeals shall have no orig-inal jurisdiction. It may be authorized bylaw to review directly decisions of admin-istrative agencies of the state, and it maybe authorized by rules of the supreme courtto issue all writs necessary or appropriate

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in aid of its appellate jurisdiction. In allother cases, it shall exercise appellate ju-risdiction as may be provided by law. (Asadded September 28, 1965.)

Sec. 30. [Fees collected by judiciary paidto state treasury.]

All fees collected by the judicial depart-ment shall be paid into the state treasuryas may be provided by law and no justice,judge or magistrate of any court shall retainany fees as compensation or otherwise. (Asadded November 8, 1966.)

Sec. 31. [Justices of the peace abolished.]

Justices of the peace shall be abolishednot later than five years from the effectivedate of this amendment and may, within thisperiod, be abolished by law, and magistratecourts vested with appropriate jurisdiction.Until so abolished, justices of the peaceshall be continued under existing laws. (Asadded November 8, 1966.)

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Sec. 32. [Judicial standardscommission.]

There is created the "judicial standardscommission", consisting of two justices orjudges, one magistrate and two lawyers se-lected as may be provided by law to servefor terms of four years, and six citizens,none of whom is a justice, judge or magis-trate of any court or licensed to practice lawin this state, who shall be appointed by thegovernor for five-year staggered terms asmay be provided by law. If a position on thecommission becomes vacant for any reason,the successor shall be selected by the origi-nal appointing authority in the same manneras the original appointment was made andshall serve for the remainder of the term va-cated. No act of the commission is valid un-less concurred in by a majority of its mem-bers. The commission shall select one of themembers appointed by the governor to serveas chairman.

In accordance with this section, any jus-tice, judge or magistrate of any court may bedisciplined or removed for willful miscon-duct in office, persistent failure or inabil-ity to perform a judge’s duties, or habitualintemperance, or he may be retired for dis-

74


ability seriously interfering with the perfor-mance of his duties that is, or is likely to be-come, of a permanent character. The com-mission may, after investigation it deemsnecessary, order a hearing to be held beforeit concerning the discipline, removal or re-tirement of a justice, judge or magistrate, orthe commission may appoint three masterswho are justices or judges of courts of recordto hear and take evidence in the matter andto report their findings to the commission.After hearing or after considering the recordand the findings and report of the masters,if the commission finds good cause, it shallrecommend to the supreme court the disci-pline, removal or retirement of the justice,judge or magistrate.

The supreme court shall review the recordof the proceedings on the law and facts andmay permit the introduction of additionalevidence, and it shall order the discipline,removal or retirement as it finds just andproper or wholly reject the recommenda-tion. Upon an order for his retirement, anyjustice, judge or magistrate participating in astatutory retirement program shall be retiredwith the same rights as if he had retired pur-suant to the retirement program. Upon anorder for removal, the justice, judge or mag-

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istrate shall thereby be removed from office,and his salary shall cease from the date ofthe order.

All papers filed with the commission orits masters, and proceedings before the com-mission or its masters, are confidential. Thefiling of papers and giving of testimony be-fore the commission or its masters is priv-ileged in any action for defamation, exceptthat the record filed by the commission inthe supreme court continues privileged but,upon its filing, loses its confidential charac-ter, and a writing which was privileged priorto its filing with the commission or its mas-ters does not lose its privilege by the filing.The commission shall promulgate regula-tions establishing procedures for hearingsunder this section. No justice or judge whois a member of the commission or supremecourt shall participate in any proceeding in-volving his own discipline, removal or re-tirement.

This section is alternative to, and cumula-tive with, the removal of justices, judges andmagistrates by impeachment and the orig-inal superintending control of the supremecourt. (As added November 7, 1967; asamended November 7, 1978 and November3, 1998.)

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Sec. 33. [Retention or rejection atgeneral election.]

A. Each justice of the supreme court,judge of the court of appeals, district judgeor metropolitan court judge shall have beenelected to that position in a partisan electionprior to being eligible for a nonpartisan re-tention election. Thereafter, each such jus-tice or judge shall be subject to retention orrejection on a nonpartisan ballot. Retentionof the judicial office shall require at leastfifty-seven percent of the vote cast on thequestion of retention or rejection.

B. Each justice of the supreme court orjudge of the court of appeals shall be subjectto retention or rejection in like manner at thegeneral election every eighth year.

C. Each district judge shall be subjectto retention or rejection in like manner at thegeneral election every sixth year.

D. Each metropolitan court judge shallbe subject to retention or rejection in likemanner at the general election every fourthyear.

E. Every justice of the supreme court,judge of the court of appeals, district judgeor metropolitan court judge holding officeon January 1 next following the date of the

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election at which this amendment is adoptedshall be deemed to have fulfilled the re-quirements of Subsection A of this sectionand the justice or judge shall be eligible forretention or rejection by the electorate atthe general election next preceding the endof the term of which the justice or judgewas last elected prior to the adoption of thisamendment. (As added November 8, 1988,and as amended November 8, 1994.)

Sec. 34. [Vacancies in office; date forfiling declaration of candidacy.]

The office of any justice or judge subjectto the provisions of Section 33 of Article 6of this constitution becomes vacant on Jan-uary 1 immediately following the generalelection at which the justice or judge is re-jected by more than forty-three percent ofthose voting on the question of his retentionor rejection or on January 1 immediately fol-lowing the date he fails to file a declarationof candidacy for the retention of his officein the general election at which the justiceor judge would be subject to retention orrejection by the electorate. Otherwise, theoffice becomes vacant upon the date of thedeath, resignation or removal by impeach-

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ment of the justice or judge. The date for fil-ing a declaration of candidacy for retentionof office shall be the same as that for filing adeclaration of candidacy in a primary elec-tion. (As added November 8, 1988, and asamended November 8, 1994.)

Sec. 35. [Appellate judges nominatingcommission.]

There is created the "appellate judgesnominating commission", consisting of: thechief justice of the supreme court or thechief justice’s designee from the supremecourt; two judges of the court of appealsappointed by the chief judge of the courtof appeals; the governor, the speaker of thehouse of representatives and the presidentpro tempore of the senate shall each appointtwo persons, one of whom shall be an at-torney licensed to practice law in this stateand the other who shall be a citizen whois not licensed to practice law in any state;the dean of the university of New Mexicoschool of law, who shall serve as chairmanof the commission and shall vote only inthe event of a tie vote; four members ofthe state bar of New Mexico, representingcivil and criminal prosecution and defense,

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appointed by the president of the state barand the judges on this committee. The ap-pointments shall be made in such mannerthat each of the two largest major politicalparties, as defined by the Election Code,shall be equally represented on the commis-sion. If necessary, the president of the statebar and the judges on this committee shallmake the minimum number of additionalappointments of members of the state baras is necessary to make each of the twolargest major political parties be equallyrepresented on the commission. These ad-ditional members of the state bar shall beappointed such that the diverse interests ofthe state bar are represented. The dean ofthe university of New Mexico school of lawshall be the final arbiter of whether suchdiverse interests are represented. Membersof the commission shall be appointed forterms as may be provided by law. If a posi-tion on the commission becomes vacant forany reason, the successor shall be selectedby the original appointing authority in thesame manner as the original appointmentwas made and shall serve for the remainderof the term vacated.

The commission shall actively solicit, ac-cept and evaluate applications from quali-

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fied lawyers for the position of justice of thesupreme court or judge of the court of ap-peals and may require an applicant to sub-mit any information it deems relevant to theconsideration of his application.

Upon the occurrence of an actual vacancyin the office of justice of the supreme courtor judge of the court of appeals, the commis-sion shall meet within thirty days and withinthat period submit to the governor the namesof persons qualified for the judicial officeand recommended for appointment to thatoffice by a majority of the commission.

Immediately after receiving the commis-sion nominations, the governor may makeone request of the commission for submis-sion of additional names, and the commis-sion shall promptly submit such additionalnames if a majority of the commission findsthat additional persons would be qualifiedand recommends those persons for appoint-ment to the judicial office. The governorshall fill a vacancy or appoint a successorto fill an impending vacancy in the officeof justice of the supreme court or judge ofthe court of appeals within thirty days afterreceiving final nominations from the com-mission by appointing one of the personsnominated by the commission for appoint-

81


ment to that office. If the governor failsto make the appointment within that periodor from those nominations, the appointmentshall be made from those nominations by thechief justice or the acting chief justice of thesupreme court. Any person appointed shallserve until the next general election. Thatperson’s successor shall be chosen at suchelection and shall hold the office until theexpiration of the original term. (As addedNovember 8, 1988.)

Sec. 36. [District court judgesnominating committee.]

There is created the "district court judgesnominating committee" for each judicialdistrict. Each and every provision of Sec-tion 35 of Article 6 of this constitution shallapply to the "district judges nominatingcommittee" except that: the chief judge ofthe district court of that judicial district orthe chief judge’s designee from that districtcourt shall sit on the committee; there shallbe only one appointment from the court ofappeals; and the citizen members and statebar members shall be persons who reside inthat judicial district. (As added November8, 1988.)

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Sec. 37. [Metropolitan court judgesnominating committee.]

There is created the "metropolitan courtjudges nominating committee" for eachmetropolitan court. Each and every pro-vision of Section 35 of Article 6 of thisconstitution shall apply to the metropolitancourt judicial nominating committee exceptthat: no judge of the court of appeals shallsit on the committee; the chief judge ofthe district court of the judicial district inwhich the metropolitan court is located orthe chief judge’s designee from that districtcourt shall sit on the committee; the chiefjudge of that metropolitan court or the chiefjudge’s designee from that metropolitancourt shall sit on the committee only inthe case of a vacancy in a metropolitancourt; and the citizen members and state barmembers shall be persons who reside in thejudicial district in which that metropolitancourt is located. (As added November 8,1988.)

Sec. 38. [Chief judge of district andmetropolitan court districts.]

Each judicial district and metropolitancourt district shall have a chief judge who

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Article VII – Elective Franchise

shall have the administrative responsibil-ity for that judicial district or metropolitancourt district. Each chief judge shall beselected by a majority of the district judgesor, in the case of the metropolitan court, bya majority of the metropolitan court judgesin that judicial district or metropolitan courtdistrict. In the event of a tie, the seniorjudge shall be the chief judge. (As addedNovember 8, 1988.)

ARTICLE VII

Elective Franchise

Sec.1. Qualifications of voters; absentee voting;

school elections; registration.2. Qualifications for holding office.3. Religious and racial equality protected; re-

strictions on amendments.4. Residence.5. Election by ballot; plurality elects candi-

date.

Sec. 1. [Qualifications of voters;absentee voting; school elections;registration.]

Every citizen of the United States, who isover the age of twenty-one years, and hasresided in New Mexico twelve months, in

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the county ninety days, and in the precinctin which he offers to vote thirty days, nextpreceding the election, except idiots, insanepersons and persons convicted of a felo-nious or infamous crime unless restored topolitical rights, shall be qualified to vote atall elections for public officers. The legis-lature may enact laws providing for absen-tee voting by qualified electors. All schoolelections shall be held at different timesfrom other elections.

The legislature shall have the power to re-quire the registration of the qualified elec-tors as a requisite for voting, and shall reg-ulate the manner, time and places of voting.The legislature shall enact such laws as willsecure the secrecy of the ballot, the purityof elections and guard against the abuse ofelective franchise. Not more than two mem-bers of the board of registration, and notmore than two judges of election shall be-long to the same political party at the timeof their appointment. (As amended Novem-ber 7, 1967.)

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Sec. 2. [Qualifications for holdingoffice.]

A. Every citizen of the United Stateswho is a legal resident of the state and is aqualified elector therein, shall be qualifiedto hold any elective public office except asotherwise provided in this constitution.

B. The legislature may provide by lawfor such qualifications and standards as maybe necessary for holding an appointive po-sition by any public officer or employee.

C. The right to hold public office inNew Mexico shall not be denied or abridgedon account of sex, and wherever the mas-culine gender is used in this constitution, indefining the qualifications for specific of-fices, it shall be construed to include thefeminine gender. The payment of publicroad poll tax, school poll tax or service onjuries shall not be made a prerequisite to theright of a person to vote or hold office. (Asamended September 20, 1921, September19, 1961, and November 6, 1973.)

Sec. 3. [Religious and racial equalityprotected; restrictions on amendments.]

The right of any citizen of the state tovote, hold office or sit upon juries, shall

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never be restricted, abridged or impaired onaccount of religion, race, language or color,or inability to speak, read or write the Eng-lish or Spanish languages except as may beotherwise provided in this constitution; andthe provisions of this section and of SectionOne of this article shall never be amendedexcept upon a vote of the people of this statein an election at which at least three-fourthsof the electors voting in the whole state,and at least two-thirds of those voting ineach county of the state, shall vote for suchamendment.

Sec. 4. [Residence.]

No person shall be deemed to have ac-quired or lost residence by reason of hispresence or absence while employed in theservice of the United States or of the state,nor while a student at any school.

Sec. 5. [Election by ballot; pluralityelects candidate.]

A. All elections shall be by ballot.B. The legislature may provide by law

for runoff elections for all elections otherthan municipal, primary or statewide elec-tions. If the legislature does not provide

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for runoff elections, the person who receivesthe highest number of votes for any office,except as provided in this section, and ex-cept in the cases of the offices of governorand lieutenant governor, shall be declaredelected to that office. The joint candidatesreceiving the highest number of votes for theoffices of governor and lieutenant governorshall be declared elected to those offices.

C. In a municipal election, the candi-date that receives the most votes for an of-fice shall be declared elected to that of-fice, unless the municipality has providedfor runoff elections. A municipality mayprovide for runoff elections as follows:

(1) a municipality that has not adopteda charter pursuant to Article 10, Section 6of the constitution of New Mexico may pro-vide by ordinance for runoff elections;

(2) a municipality that has adopted acharter pursuant to Article 10, Section 6 ofthe constitution of New Mexico, and priorto the adoption of this amendment the char-ter provided for runoff elections, shall holdrunoff elections pursuant to the charter; or

(3) a municipality that adopts or hasadopted a charter pursuant to Article 10,Section 6 of the constitution of New Mex-ico may, subsequent to the adoption of this

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Article VIII – Taxation and Revenue

amendment, provide for runoff electionsas provided in its charter. (As amended,November 6, 1962; November 2, 2004.)

ARTICLE VIII

Taxation and Revenue

Sec.1. Levy to be proportionate to value; uniform

and equal taxes; percentage of valuetaxed; limitation on annual valuationincreases.

2. Property tax limits; exception.3. Tax-exempt property.4. Misuse and deposit of public money.5. Head of family and veteran exemptions.6. Assessment of lands.7. Judgments against local officials.8. Exemption of certain personalty in transit

through the state.9. Elected governing authority prerequisite to

levy of tax.10. Severance tax permanent fund.15. Property tax exemption for disabled veter-

ans.

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Sec. 1. [Levy to be proportionateto value; uniform and equal taxes;percentage of value taxed; limitation onannual valuation increases.]

A. Except as provided in Subsection Bof this section, taxes levied upon tangibleproperty shall be in proportion to the valuethereof, and taxes shall be equal and uni-form upon subjects of taxation of the sameclass. Different methods may be providedby law to determine value of different kindsof property, but the percentage of valueagainst which tax rates are assessed shallnot exceed thirty-three and one-third per-cent.

B. The legislature shall provide by lawfor the valuation of residential property forproperty taxation purposes in a manner thatlimits annual increases in valuation of resi-dential property. The limitation may be ap-plied to classes of residential property tax-payers based on owner-occupancy, age orincome. The limitations may be authorizedstatewide or at the option of a local juris-diction and may include conditions underwhich the limitation is applied. Any val-uation limitations authorized as a local ju-risdiction option shall provide for apply-

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ing statewide or multi-jurisdictional prop-erty tax rates to the value of the propertyas if the valuation increase limitation didnot apply. (As amended November 3, 1914,November 2, 1971 and November 3, 1998.)

Sec. 2. [Property tax limits; exception.]

Taxes levied upon real or personal prop-erty for state revenue shall not exceed fourmills annually on each dollar of the as-sessed valuation thereof except for the sup-port of the educational, penal and charita-ble institutions of the state, payment of thestate debt and interest thereon; and the to-tal annual tax levy upon such property forall state purposes exclusive of necessarylevies for the state debt shall not exceed tenmills; provided, however, that taxes leviedupon real or personal tangible property forall purposes, except special levies on spe-cific classes of property and except neces-sary levies for public debt, shall not exceedtwenty mills annually on each dollar of theassessed valuation thereof, but laws maybe passed authorizing additional taxes to belevied outside of such limitation when ap-proved by at least a majority of the quali-fied electors of the taxing district who paid

91


a property tax therein during the preced-ing year voting on such proposition. (Asamended November 3, 1914, September 19,1933, and November 7, 1967.)

Sec. 3. [Tax-exempt property.]

The property of the United States, thestate and all counties, towns, cities andschool districts and other municipal corpo-rations, public libraries, community ditchesand all laterals thereof, all church prop-erty not used for commercial purposes, allproperty used for educational or charitablepurposes, all cemeteries not used or held forprivate or corporate profit and all bonds ofthe state of New Mexico, and of the coun-ties, municipalities and districts thereofshall be exempt from taxation.

Provided, however, that any propertyacquired by public libraries, communityditches and all laterals thereof, property ac-quired by churches, property acquired andused for educational or charitable purposes,and property acquired by cemeteries notused or held for private, or corporate profit,and property acquired by the Indian serviceand property acquired by the United Statesgovernment or by the state of New Mex-

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ico by outright purchase or trade, wheresuch property was, prior to such transfer,subject to the lien of any tax or assessmentfor the principal or interest of any bondedindebtedness shall not be exempt from suchlien, nor from the payment of such taxes orassessments.

Exemptions of personal property from advalorem taxation may be provided by lawif approved by a three-fourths majority voteof all the members elected to each house ofthe legislature. (As amended November 3,1914, November 5, 1946, and November 7,1972.)

Sec. 4. [Misuse and deposit of publicmoney.]

Any public officer making any profitout of public money or using the same forany purpose not authorized by law, shallbe deemed guilty of a felony and shall bepunished as provided by law and shall bedisqualified to hold public office. All publicmoney not invested in interest-bearing se-curities shall be deposited in national banksin this state, in banks or trust companiesincorporated under the laws of the state,in federal savings and loan associations in

93


this state, in savings and loan associationsincorporated under the laws of this statewhose deposits are insured by an agencyof the United States and in credit unionsincorporated under the laws of this state orthe United States to the extent that such de-posits of public money in credit unions areinsured by an agency of the United States,and the interest derived therefrom shall beapplied in the manner prescribed by law.The conditions of such deposits shall beprovided by law. (As amended November3, 1914, November 7, 1967 and November4, 1986.)

Sec. 5. [Head of family and veteranexemptions.]

The legislature shall exempt from taxa-tion the property of each head of the familyin the amount of two thousand dollars($2,000). The legislature shall also exemptfrom taxation the property, including thecommunity or joint property of husbandand wife, of every honorably dischargedmember of the armed forces of the UnitedStates and the widow or widower of everysuch honorably discharged member of thearmed forces of the United States, in the

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sum of three thousand dollars ($3,000) in2004; three thousand five hundred dollars($3,500) in 2005; and four thousand dol-lars ($4,000) in 2006 and each subsequentyear. Provided, that in every case whereexemption is claimed on the ground of theclaimant’s having served with the armedforces of the United States as aforesaid,the burden of proving actual and bona fideownership of such property upon whichexemption is claimed, shall be upon theclaimant. (As amended November 3, 1914,September 20, 1921, September 20, 1949,September 15, 1953, November 6, 1973and November 8, 1988, November 5, 2002,and November 2, 2004.)

Sec. 6. [Assessment of lands.]

Lands held in large tracts shall not be as-sessed for taxation at any lower value peracre then [than] lands of the same charac-ter or quality and similarly situated, held insmaller tracts. The plowing of land shall notbe considered as adding value thereto for thepurpose of taxation. (As amended Novem-ber 3, 1914.)

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Sec. 7. [Judgments against localofficials.]

No execution shall issue upon judgmentrendered against the board of county com-missioners of any county, or against any in-corporated city, town or village, school dis-trict or board of education; or against any of-ficer of any county, incorporated city, townor village, school district or board of educa-tion, upon any judgment recovered againsthim in his official capacity and for whichthe county, incorporated city, town or vil-lage, school district or board of education, isliable, but the same shall be paid out of theproceeds of a tax levy as other liabilities ofcounties, incorporated cities, towns or vil-lages, school districts or boards of educa-tion, and when so collected shall be paid bythe county treasurer to the judgment credi-tor. (As amended November 3, 1914.)

Sec. 8. [Exemption of certain personaltyin transit through the state.]

Personal property which is moving in in-terstate commerce through or over the stateof New Mexico, or which was consignedto a warehouse, public or private, or fac-tory within New Mexico from outside the

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state for storage in transit to a final destina-tion outside the state of New Mexico, manu-facturing, processing or fabricating while intransit to a final destination, whether spec-ified when transportation begins or after-wards, which destination is also outside thestate, shall be deemed not to have acquireda situs in New Mexico for purposes of tax-ation and shall be exempt from taxation.Such property shall not be deprived of suchexemption because while in the warehousethe property is assembled, bound, joined,processed, disassembled, divided, cut, bro-ken in bulk, relabeled or repackaged. (Asadded November 6, 1973.)

Sec. 9. [Elected governing authorityprerequisite to levy of tax.]

No tax or assessment of any kind shallbe levied by any political subdivision whoseenabling legislation does not provide for anelected governing authority. This sectiondoes not prohibit the levying or collectionof a tax or special assessment by an initialappointed governing authority where the ap-pointed governing authority will be replacedby an elected one within six years of the datethe appointed authority takes office. The

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provisions of this section shall not be effec-tive until July 1, 1976. (As added November5, 1974.)

Sec. 10. [Severance tax permanentfund.]

A. There shall be deposited in a per-manent trust fund known as the "severancetax permanent fund" that part of state rev-enue derived from excise taxes that havebeen or shall be designated severance taxesimposed upon the severance of natural re-sources within this state, in excess of thatamount that has been or shall be reservedby statute for the payment of principal andinterest on outstanding bonds to which sev-erance tax revenue has been or shall bepledged. Money in the severance tax per-manent fund shall be invested as providedby law. Distributions from the fund shall beappropriated by the legislature as other gen-eral operating revenue is appropriated forthe benefit of the people of the state.

B. All additions to the fund and allearnings, including interest, dividends andcapital gains from investment of the fundshall be credited to the corpus of the fund.

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C. The annual distributions from thefund shall be one hundred two percent of theamount distributed in the immediately pre-ceding fiscal year until the annual distribu-tions equal four and seven-tenths percent ofthe average of the year-end market valuesof the fund for the immediately precedingfive calendar years. Thereafter, the amountof the annual distributions shall be four andseven-tenths percent of the average of theyear-end market values of the fund for theimmediately preceding five calendar years.

D. The frequency and the time of thedistributions made pursuant to Subsection Cof this section shall be as provided by law.(As added November 2, 1976; as amendedNovember 2, 1982 and November 5, 1996.)

Sec. 15. [Property tax exemption fordisabled veterans.]

The legislature shall exempt from taxa-tion the property, including the communityor joint property of husband and wife, of ev-ery veteran of the armed forces of the UnitedStates who has been determined pursuantto federal law to have a one hundred per-cent permanent and total service-connecteddisability, if the veteran occupies the prop-

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Article IX – State, County and Municipal Indebtedness

erty as his principal place of residence. Thelegislature shall also provide this exemp-tion from taxation for property owned by thewidow or widower of a veteran who was eli-gible for the exemption provided in this sec-tion, if the widow or widower continues tooccupy the property as his principal place ofresidence. The burden of proving eligibilityfor the exemption in this section is on theperson claiming the exemption. (As addedNovember 3, 1998; as amended November5, 2002.)

ARTICLE IX

State, County and MunicipalIndebtedness

Sec.1. Debts of territory and its counties assumed.2. Payment of county debts by another county.3. State refunding bonds for assumed debts.4. Sale of lands for certain bond payments.5. Remission of county debts to state prohib-

ited.6. Militia warrants.7. State indebtedness; purposes.8. State indebtedness; restrictions.9. Use of borrowed funds.10. County indebtedness; restrictions.11. School district indebtedness restrictions.12. Municipal indebtedness; restrictions.

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Sec.13. County and municipal debt limit; excep-

tions.14. Aid to private enterprise; veterans’ schol-

arship program; student loans; job op-portunities; affordable housing.

15. State and local refunding bonds.16. State highway bonds.

Sec. 1. [Debts of territory and itscounties assumed.]

The state hereby assumes the debts andliabilities of the territory of New Mexico,and the debts of the counties thereof, whichwere valid and subsisting on June twentieth,nineteen hundred and ten, and pledges itsfaith and credit for the payment thereof. Thelegislature shall, at its first session, providefor the payment or refunding thereof by theissue and sale of bonds, or otherwise.

Sec. 2. [Payment of county debts byanother county.]

No county shall be required to pay anyportion of the debt of any other county soassumed by the state, and the bonds of Grantand Santa Fe counties which were validated,approved and confirmed by act of congressof January sixteenth, eighteen hundred and

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ninety-seven, shall be paid as hereinafterprovided.

Sec. 3. [State refunding bonds forassumed debts.]

The bonds authorized by law to providefor the payment of such indebtedness shallbe issued in three series, as follows:

Series A. To provide for the payment ofsuch debts and liabilities of the territory ofNew Mexico.

Series B. To provide for the payment ofsuch debts of said counties.

Series C. To provide for the payment ofthe bonds and accrued interest thereon ofGrant and Santa Fe counties which were val-idated, approved and confirmed by act ofcongress, January sixteenth, eighteen hun-dred and ninety-seven.

Sec. 4. [Sale of lands for certain bondpayments.]

The proper officers of the state shall, assoon as practicable, select and locate the onemillion acres of land granted to the state bycongress for the payment of the said bondsof Grant and Santa Fe counties, and sell thesame or sufficient thereof to pay the interest

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and principal of the bonds of Series C issuedas provided in Section Three hereof. Theproceeds of rentals and sales of said landshall be kept in a separate fund and appliedto the payment of the interest and principalof the bonds of Series C. Whenever there isnot sufficient money in said fund to meetthe interest and sinking fund requirementstherefor, the deficiency shall be paid out ofany funds of the state not otherwise appro-priated, and shall be repaid to the state orto the several counties which may have fur-nished any portion thereof under a generallevy, out of the proceeds subsequently re-ceived of rentals and sales of said lands.

Any money received by the state fromrentals and sales of said lands in excessof the amounts required for the purposesabove-mentioned shall be paid into the cur-rent and permanent school funds of the staterespectively.

Sec. 5. [Remission of county debts tostate prohibited.]

The legislature shall never enact any lawreleasing any county, or any of the taxableproperty therein, from its obligation to payto the state any moneys expended by the

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state by reason of its assumption or paymentof the debt of such county.

Sec. 6. [Militia warrants.]

No law shall ever be passed by the legisla-ture validating or legalizing, directly or indi-rectly, the militia warrants alleged to be out-standing against the territory of New Mex-ico, or any portion thereof; and no such war-rant shall be prima facie or conclusive ev-idence of the validity of the debt purport-ing to be evidenced thereby or by any othermilitia warrant. This provision shall not beconstrued as authorizing any suit against thestate.

Sec. 7. [State indebtedness; purposes.]

The state may borrow money not exceed-ing the sum of two hundred thousand dollars[($200,000)] in the aggregate to meet casualdeficits or failure in revenue, or for neces-sary expenses. The state may also contractdebts to suppress insurrection and to providefor the public defense.

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Sec. 8. [State indebtedness; restrictions.]

A. No debt other than those specified inthe preceding section shall be contracted byor on behalf of this state, unless authorizedby law for some specified work or object;which law shall provide for an annual taxlevy sufficient to pay the interest and to pro-vide a sinking fund to pay the principal ofsuch debt within fifty years from the time ofthe contracting thereof. No such law shalltake effect until it shall have been submit-ted to the qualified electors of the state andhave received a majority of all the votes castthereon at a general election; such law shallbe published in full in at least one newspa-per in each county of the state, if one bepublished therein, once each week, for foursuccessive weeks next preceding such elec-tion. No debt shall be so created if the totalindebtedness of the state, exclusive of thedebts of the territory, and the several coun-ties thereof, assumed by the state, wouldthereby be made to exceed one percent ofthe assessed valuation of all the propertysubject to taxation in the state as shown bythe preceding general assessment.

B. For the purposes of this section andArticle 4, Section 29 of the constitution of

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New Mexico, a financing agreement enteredinto by the state for the leasing of a buildingor other real property with an option to pur-chase for a price that is reduced accordingto the payments made by the state pursuantto the financing agreement is not a debt if:

(1) there is no legal obligation for thestate to continue the lease from year to yearor to purchase the real property; and

(2) the agreement provides that the leaseshall be terminated if sufficient appropria-tions are not available to meet the currentlease payments. (As amended November 3,1964 and November 7, 2006.)

Sec. 9. [Use of borrowed funds.]

Any money borrowed by the state, orany county, district or municipality thereof,shall be applied to the purpose for which itwas obtained, or to repay such loan, and tono other purpose whatever.

Sec. 10. [County indebtedness;restrictions.]

No county shall borrow money except forthe following purposes:

A. erecting, remodeling and makingadditions to necessary public buildings;

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B. constructing or repairing publicroads and bridges and purchasing capitalequipment for such projects;

C. constructing or acquiring a systemfor supplying water, including the acquisi-tion of water and water rights, necessary realestate or rights-of-way and easements;

D. constructing or acquiring a sewersystem, including the necessary real estateor rights-of-way and easements;

E. constructing an airport or sanitarylandfill, including the necessary real estate;

F. acquiring necessary real estate foropen space, open space trails and relatedareas and facilities; or

G. the purchase of books and other li-brary resources for libraries in the county.

In such cases, indebtedness shall be in-curred only after the proposition to createsuch debt has been submitted to the reg-istered voters of the county and approvedby a majority of those voting thereon. Nobonds issued for such purpose shall run formore than fifty years. Provided, however,that no money derived from general obliga-tion bonds issued and sold hereunder shallbe used for maintaining existing buildingsand, if so, such bonds shall be invalid. (Asamended November 3, 1964, November 2,

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1982, November 8, 1988 and November 5,1996.)

Sec. 11. [School district indebtednessrestrictions.]

A. Except as provided in Subsection Cof this section, no school district shall bor-row money except for the purpose of erect-ing, remodeling, making additions to andfurnishing school buildings or purchasing orimproving school grounds or any combina-tion of these purposes, and in such casesonly when the proposition to create the debthas been submitted to a vote of such quali-fied electors of the district as are owners ofreal estate within the school district and amajority of those voting on the question hasvoted in favor of creating such debt.

B. No school district shall ever becomeindebted in an amount exceeding six per-cent on the assessed valuation of the taxableproperty within the school district as shownby the preceding general assessment.

C. A school district may create a debtby entering into a lease-purchase arrange-ment to acquire education technologyequipment without submitting the propo-sition to a vote of the qualified electors of

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the district, but any debt created is subjectto the limitation of Subsection B of thissection.

D. For the purposes of this section, a fi-nancing agreement entered into by a schooldistrict or a charter school for the leasingof a building or other real property with anoption to purchase for a price that is re-duced according to the payments made bythe school district or charter school pursuantto the financing agreement is not a debt if:

(1) there is no legal obligation for theschool district or charter school to continuethe lease from year to year or to purchase thereal property; and

(2) the agreement provides that the leaseshall be terminated if sufficient money isnot available to meet the current lease pay-ments. (As amended September 19, 1933,September 28, 1965, November 5, 1996 andNovember 7, 2006.)

Sec. 12. [Municipal indebtedness;restrictions.]

No city, town or village shall contract anydebt except by an ordinance, which shall beirrepealable until the indebtedness thereinprovided for shall have been fully paid or

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discharged, and which shall specify the pur-poses to which the funds to be raised shallbe applied, and which shall provide for thelevy of a tax, not exceeding twelve mills onthe dollar upon all taxable property withinsuch city, town or village, sufficient to paythe interest on, and to extinguish the princi-pal of, such debt within fifty years. The pro-ceeds of such tax shall be applied only to thepayment of such interest and principal. Nosuch debt shall be created unless the ques-tion of incurring the same shall, at a regularelection for councilmen, aldermen or otherofficers of such city, town or village, or atany special election called for such purpose,have been submitted to a vote of such qual-ified electors thereof as have paid a prop-erty tax therein during the preceding year,and a majority of those voting on the ques-tion by ballot deposited in a separate bal-lot box when voting in a regular election,shall have voted in favor of creating suchdebt. A proposal which does not receivethe required number of votes for adoptionat any special election called for that pur-pose, shall not be resubmitted in any specialelection within a period of one year. For thepurpose, only, of voting on the creation ofthe debt, any person owning property within

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the corporate limits of the city, town or vil-lage who has paid a property tax therein dur-ing the preceding year and who is otherwisequalified to vote in the county where suchcity, town or village is situated shall be aqualified elector. (As amended November3, 1964.)

Sec. 13. [County and municipal debtlimit; exceptions.]

No county, city, town or village shall everbecome indebted to an amount in the aggre-gate, including existing indebtedness, ex-ceeding four per centum on the value of thetaxable property within such county, city,town or village, as shown by the last pre-ceding assessment for state or county taxes;and all bonds or obligations issued in excessof such amount shall be void; provided, thatany city, town or village may contract debtsin excess of such limitation for the construc-tion or purchase of a system for supplyingwater, or of a sewer system, for such city,town or village.

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Sec. 14. [Aid to private enterprise;veterans’ scholarship program; studentloans; job opportunities; affordablehousing.]

Neither the state nor any county, schooldistrict or municipality, except as otherwiseprovided in this constitution, shall directlyor indirectly lend or pledge its credit ormake any donation to or in aid of any per-son, association or public or private corpo-ration or in aid of any private enterprise forthe construction of any railroad except asprovided in Subsections A through F of thissection.

A. Nothing in this section prohibits thestate or any county or municipality frommaking provision for the care and mainte-nance of sick and indigent persons.

B. Nothing in this section prohibits thestate from establishing a veterans’ scholar-ship program for Vietnam conflict veteranswho are post-secondary students at educa-tional institutions under the exclusive con-trol of the state by exempting such veteransfrom the payment of tuition. For the pur-poses of this subsection, a "Vietnam conflictveteran" is any person who has been honor-ably discharged from the armed forces of the

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United States, who was a resident of NewMexico at the original time of entry into thearmed forces from New Mexico or who haslived in New Mexico for ten years or moreand who has been awarded a Vietnam cam-paign medal for service in the armed forcesof this country in Vietnam during the periodfrom August 5, 1964 to the official termina-tion date of the Vietnam conflict as desig-nated by executive order of the president ofthe United States.

C. The state may establish by law a pro-gram of loans to students of the healingarts, as defined by law, for residents of thestate who, in return for the payment of ed-ucational expenses, contract with the stateto practice their profession for a period ofyears after graduation within areas of thestate designated by law.

D. Nothing in this section prohibits thestate or a county or municipality from creat-ing new job opportunities by providing land,buildings or infrastructure for facilities tosupport new or expanding businesses if thisassistance is granted pursuant to general im-plementing legislation that is approved by amajority vote of those elected to each houseof the legislature. The implementing leg-islation shall include adequate safeguards

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to protect public money or other resourcesused for the purposes authorized in this sub-section. The implementing legislation shallfurther provide that:

(1) each specific county or municipalproject providing assistance pursuant to thissubsection need not be approved by the leg-islature but shall be approved by the countyor municipality pursuant to procedures pro-vided in the implementing legislation; and

(2) each specific state project providingassistance pursuant to this subsection shallbe approved by law.

E. Nothing in this section prohibits thestate, or the instrumentality of the state des-ignated by the legislature as the state’s hous-ing authority, or a county or a municipalityfrom:

(1) donating or otherwise providing orpaying a portion of the costs of land for theconstruction on it of affordable housing;

(2) donating or otherwise providing orpaying a portion of the costs of constructionor renovation of affordable housing or thecosts of conversion or renovation of build-ings into affordable housing; or

(3) providing or paying the costs of fi-nancing or infrastructure necessary to sup-port affordable housing projects.

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F. The provisions of Subsection E ofthis section are not self-executing. Beforethe described assistance may be provided,enabling legislation shall be enacted by amajority vote of the members elected toeach house of the legislature. This enablinglegislation shall:

(1) define "affordable housing";(2) establish eligibility criteria for the

recipients of land, buildings and infrastruc-ture;

(3) contain provisions to ensure the suc-cessful completion of affordable housingprojects supported by assistance authorizedpursuant to Subsection E of this section;

(4) require a county or municipality pro-viding assistance pursuant to Subsection Eof this section to give prior formal approvalby ordinance for a specific affordable hous-ing assistance grant and include in the ordi-nance the conditions of the grant;

(5) require prior approval by law of anaffordable housing assistance grant by thestate; and

(6) require the governing body of theinstrumentality of the state, designated bythe legislature as the state’s housing author-ity, to give prior approval, by resolution,for affordable housing grants that are to be

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given by the instrumentality. (As amendedNovember 1, 1971, November 5, 1974,November 8, 1994, November 5, 2002 andNovember 7, 2006.)

Sec. 15. [State and local refundingbonds.]

Nothing in this article shall be construedto prohibit the issue of bonds for the pur-pose of paying or refunding any valid state,county, district or municipal bonds and itshall not be necessary to submit the ques-tion of the issue of such bonds to a vote asherein provided.

Sec. 16. [State highway bonds.]

Laws enacted by the fifth legislature au-thorizing the issue and sale of state highwaybonds for the purpose of providing funds forthe construction and improvement of statehighways and to enable the state to meet andsecure allotments of federal funds to aid inconstruction and improvement of roads, andlaws so enacted authorizing the issue andsale of state highway debentures to antic-ipate the collection of revenues from mo-tor vehicle licenses and other revenues pro-vided by law for the state road fund, shall

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Article X – County and Municipal Corporations

take effect without submitting them to theelectors of the state, and notwithstandingthat the total indebtedness of the state maythereby temporarily exceed one per centumof the assessed valuation of all the prop-erty subject to taxation in the state. Pro-vided, that the total amount of such statehighway bonds payable from proceeds oftaxes levied on property outstanding at anyone time shall not exceed two million dol-lars [($2,000,000)]. The legislature shallnot enact any law which will decrease theamount of the annual revenues pledged forthe payment of state highway debenturesor which will divert any of such revenuesto any other purpose so long as any of thesaid debentures issued to anticipate the col-lection thereof remain unpaid. (As addedSeptember 20, 1921.)

ARTICLE X

County and Municipal Corporations

Sec.1. Classification of counties; salaries and fees

of county officers.1. (Proposed) [Classification of counties;

salaries and fees of county officers.]2. Terms of county officers.3. Removal of county seats.

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Sec.4. Combined city and county corporations.5. Incorporated counties.6. Municipal home rule.7. Five-member boards of county commis-

sioners.8. New activity or service mandated by state

rule or regulation.9. Recall of elected county officials.10. Urban counties.11. Single urban governments.

Sec. 1. [Classification of counties;salaries and fees of county officers.]

The legislature shall at its first sessionclassify the counties and fix salaries for allcounty officers, which shall also apply tothose elected at the first election under thisconstitution. And no county officer shallreceive to his own use any fees or emolu-ments other than the annual salary providedby law, and all fees earned by any officershall be by him collected and paid into thetreasury of the county.

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Sec. 1. (Proposed) [Classification ofcounties; salaries and fees of countyofficers.]

The legislature shall at its first sessionclassify the counties and fix salaries for allcounty officers, which shall also apply tothose elected at the first election under thisconstitution. And no county officer shall re-ceive to his own use any fees or emolumentsother than the annual salary provided bylaw, and all fees earned by any officer shallbe by him collected and paid into the trea-sury of the county. A board of county com-missioners may provide a midterm salaryincrease for elected county officers as au-thorized by law.

Sec. 2. [Terms of county officers.]

A. In every county all elected officialsshall serve four-year terms, subject to theprovisions of Subsection B of this section.

B. In those counties that prior to 1992have not had four-year terms for electedofficials, the assessor, sheriff and probatejudge shall be elected to four-year termsand the treasurer and clerk shall be electedto two-year terms in the first election fol-lowing the adoption of this amendment. In

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subsequent elections, the treasurer and clerkshall be elected to four-year terms.

C. To provide for staggered countycommission terms, in counties with threecounty commissioners, the terms of nomore than two commissioners shall expirein the same year; and in counties with fivecounty commissioners, the terms of nomore than three commissioners shall expirein the same year.

D. All county officers, after havingserved two consecutive four-year terms,shall be ineligible to hold any county of-fice for two years thereafter. (As amended,November 3, 1914; November 3, 1993;November 3, 1998.)

Sec. 3. [Removal of county seats.]

No county seat, where there are countybuildings, shall be removed unless three-fifths of the votes cast by qualified electorson the question of removal at an electioncalled and held as now or hereafter providedby law, be in favor of such removal. Theproposition of removal shall not be submit-ted in the same county oftener than once ineight years.

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Sec. 4. [Combined city and countycorporations.]

A. The legislature shall, by general law,provide for the formation of combined cityand county municipal corporations, and forthe manner of determining the territoriallimits thereof, each of which shall be knownas a "city and county," and, when organized,shall contain a population of at least fiftythousand (50,000) inhabitants. No such cityand county shall be formed except by a ma-jority vote of the qualified electors of thearea proposed to be included therein, andif the proposed area includes any area notwithin the existing limits of a city, a majorityof those electors living outside the city, vot-ing separately shall be required. Any suchcity and county shall be permitted to framea charter for its own government, and amendthe same, in the manner provided by the leg-islature by general law for the formation andorganization of such corporations.

B. Every such charter shall designatethe respective officers of such city andcounty who shall perform the duties im-posed by law upon county officers andshall make provisions for the payment ofexisting city and county indebtedness as

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hereinafter required. The officers of a cityand county, their compensation, qualifica-tions, term of office and manner of electionor appointment, shall be as provided forin its charter, subject to general laws andapplicable constitutional provisions. Thesalary of any elective or appointive officerof a city and county shall not be changedafter his election or appointment or duringhis term of office; nor shall the term of anysuch officer be extended beyond the periodfor which he is elected or appointed. Everysuch city and county shall have and enjoyall rights, powers and privileges asserted inits charter not inconsistent with its generallaws, and, in addition thereto, such rights,powers and privileges as may be grantedto it, or possessed and enjoyed by citiesand counties of like population separatelyorganized.

C. No city or county government exist-ing outside the territorial limits of such cityand county shall exercise any police, tax-ation or other powers within the territoriallimits of such city and county, but all suchpowers shall be exercised by the city andcounty and the officers thereof, subject tosuch constitutional provisions and generallaws as apply to either cities or counties.

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D. In case an existing county is dividedin the formation of city and county govern-ment, such city and county shall be liablefor a just proportion of the existing debtsor liabilities of the former county and shallaccount for and pay the county remaininga just proportion of the value of any realestate or other property owned by the for-mer county and taken over by the city andcounty government, the method of deter-mining such proportion shall be prescribedby general law, but such division shall notaffect the rights of creditors.

E. Nothing herein contained shall beconstrued to alter or amend the existing con-stitutional provisions regarding apportion-ment of representation in the legislature orin the boundaries of legislative districts orjudicial districts, nor the jurisdiction or or-ganization of the district or probate courts.(As added September 20, 1949.)

Sec. 5. [Incorporated counties.]

Any county at the time of the adoptionof this amendment, which is less than onehundred forty-four square miles in area andhas a population of ten thousand or more

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may become an incorporated county by thefollowing procedure:

A. upon the filing of a petition con-taining the signatures of at least ten per-cent of the registered voters in the county,the board of county commissioners shall ap-point a charter commission consisting of notless than three persons to draft an incorpo-rated county charter; or

B. the board of county commission-ers may, upon its own initiative, appoint acharter commission consisting of not lessthan three persons to draft an incorporatedcounty charter; and

C. the proposed charter drafted by thecharter commission shall be submitted to thequalified voters of the county within oneyear after the appointment of the commis-sion and if adopted by a majority of the qual-ified voters voting in the election the countyshall become an incorporated county.

The charter of an incorporated countyshall provide for the form and organizationof the incorporated county government andshall designate those officers which shall beelected, and those officers and employeeswhich shall perform the duties assigned bylaw to county officers.

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An incorporated county may exercise allpowers and shall be subject to all limitationsgranted to municipalities by Article 9, Sec-tion 12 of the constitution of New Mexicoand all powers granted to municipalities bystatute.

A charter of an incorporated county shallbe amended in accordance with the provi-sions of the charter.

Nothing herein contained shall be con-strued to alter or amend the existing consti-tutional provisions regarding apportionmentof representation in the legislature or in theboundaries of legislative districts or judicialdistricts, nor the jurisdiction or organizationof the district or probate courts.

The provisions of this amendment shallbe self-executing. (As added November 3,1964.)

Sec. 6. [Municipal home rule.]

A. For the purpose of electing some orall of the members of the governing body ofa municipality:

(1) the legislature may authorize a mu-nicipality by general law to be districted;

(2) if districts have not been establishedas authorized by law, the governing body of

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a municipality may, by resolution, authorizethe districting of the municipality. The reso-lution shall not become effective in the mu-nicipality until approved by a majority votein the municipality; and

(3) if districts have not been establishedas authorized by law or by resolution, thevoters of a municipality, by a petition whichis signed by not less than five percent ofthe registered qualified electors of the mu-nicipality and which specified the numberof members of the governing body to beelected from districts, may require the gov-erning body to submit to the registered qual-ified electors of the municipality, at the nextregular municipal election held not less thansixty days after the petition is filed, a resolu-tion requiring the districting of the munici-pality by its governing body. The resolutionshall not become effective in the municipal-ity until approved by a majority vote in themunicipality. The signatures for a petitionshall be collected within a six-months pe-riod.

B. Any member of the governing bodyof a municipality representing a district shallbe a resident of, and elected by, the regis-tered qualified electors of that district.

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C. The registered qualified electors of amunicipality may adopt, amend or repeal acharter in the manner provided by law. Inthe absence of law, the governing body of amunicipality may appoint a charter commis-sion upon its own initiative or shall appointa charter commission upon the filing of apetition containing the signatures of at leastfive percent of the registered qualified elec-tors of the municipality. The charter com-mission shall consist of not less than sevenmembers who shall draft a proposed char-ter. The proposed charter shall be submit-ted to the registered qualified electors of themunicipality within one year after the ap-pointment of the charter commission. If thecharter is approved by a majority vote in themunicipality, it shall become effective at thetime and in the manner provided in the char-ter.

D. A municipality which adopts a char-ter may exercise all legislative powers andperform all functions not expressly deniedby general law or charter. This grant of pow-ers shall not include the power to enact pri-vate or civil laws governing civil relation-ships except as incident to the exercise ofan independent municipal power, nor shallit include the power to provide for a penalty

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greater than the penalty provided for a pettymisdemeanor. No tax imposed by the gov-erning body of a charter municipality, ex-cept a tax authorized by general law, shallbecome effective until approved by a major-ity vote in the charter municipality.

E. The purpose of this section is toprovide for maximum local self-govern-ment. A liberal construction shall be givento the powers of municipalities. (As addedNovember 3, 1970.)

Sec. 7. [Five-member boards of countycommissioners.]

The board of county commissioners byunanimous vote may adopt an ordinance toincrease the size of the boards of countycommissioners to five members. Upon cre-ation of a five-member board, the countyshall be divided by the incumbent boardof county commissioners into five countycommission districts that shall be compact,contiguous and as nearly equal in populationas practicable. One county commissionershall reside within and be elected from eachcounty commission district. Change of res-idence to a place outside the district fromwhich a county commissioner was elected

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shall automatically terminate the service ofthat commissioner and the office shall bedeclared vacant. (As added November 3,1992.)

Sec. 8. [New activity or service mandatedby state rule or regulation.]

A state rule or regulation mandating anycounty or city to engage in any new activ-ity, to provide any new service or to increaseany current level of activity or to provideany service beyond that required by existinglaw, shall not have the force of law, unless,or until, the state provides sufficient newfunding or a means of new funding to thecounty or city to pay the cost of performingthe mandated activity or service for the pe-riod of time during which the activity or ser-vice is required to be performed. (As addedNovember 6, 1984.)

Sec. 9. [Recall of elected countyofficials.]

A. An elected official of a county issubject to recall by the voters of the county.Subject to the provisions of Subsection B ofthis section, a petition for a recall electionshall cite grounds of malfeasance or misfea-

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sance in office or violation of the oath ofoffice by the official concerned. The citedgrounds shall be based upon acts or failuresto act occurring during the current term ofthe official sought to be recalled. The recallpetition shall be signed by registered voters:

(1) of the county if the official sought tobe recalled was elected at-large; or

(2) of the district from which the officialsought to be recalled was elected; and

(3) not less in number than thirty-threeand one-third percent of the number of per-sons who voted in the election for the of-fice in the last preceding general election atwhich the office was voted upon.

B. Prior to and as a condition of cir-culating a petition for recall pursuant tothe provisions of Subsection A of this sec-tion, the factual allegations supporting thegrounds of malfeasance or misfeasancein office or violation of the oath of officestated in the petition shall be presented tothe district court for the county in whichthe recall is proposed to be conducted. Thepetition shall not be circulated unless, aftera hearing in which the proponents of therecall effort and the official sought to berecalled are given an opportunity to presentevidence, the district court determines that

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probable cause exists for the grounds forrecall.

C. After the requirements of Subsec-tion B of this section are fulfilled, the pe-tition shall be circulated and filed with thecounty clerk for verification of the signa-tures, as to both number and qualificationsof the persons signing. If the county clerkverifies that the requisite number of signa-tures of registered voters appears on the pe-tition, the question of recall of the officialshall be placed on the ballot for a specialelection to be called and held within ninetydays or the next occurring general electionif that election is to be held within less thanninety days. If at the election a majority ofthe votes cast on the question of recall is infavor of recall, the official who is the subjectof recall is recalled from the office, and a va-cancy exists. That vacancy shall be filled inthe manner provided by law for filling va-cancies for that office.

D. A recall election shall not be con-ducted after May 1 in a calendar year inwhich an election is to be held for the of-fice for which the recall is sought if the of-ficial sought to be recalled is a candidatefor reelection to the office. No petition forrecall of an elected county official shall be

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submitted more than once during the termfor which the official is elected. (As addedNovember 5, 1996.)

Sec. 10. [Urban counties.]

A. A county that is less than one thou-sand five hundred square miles in area andhas, at the time of this amendment, a pop-ulation of three hundred thousand or moremay become an urban county by the follow-ing procedure:

(1) the board of county commissionersshall, by January 1, 2001, appoint a chartercommission consisting of not less than threepersons to draft a proposed urban countycharter;

(2) the proposed charter shall providefor the form and organization of the ur-ban county government and shall designatethose officers that shall be elected and thoseofficers and employees that shall performthe duties assigned by law to county offi-cers; and

(3) within one year after the appoint-ment of the charter commission, the pro-posed charter shall be submitted to the qual-ified voters of the county and, if adoptedby a majority of those voters, the county

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shall become an urban county. If, at theelection or any subsequent election, the pro-posed charter is not adopted, then, after atleast one year has elapsed after the election,pursuant to this section another charter com-mission may be appointed and another pro-posed charter may be submitted to the qual-ified voters for approval or disapproval.

B. An urban county may exercise alllegislative powers and perform all govern-mental functions not expressly denied tomunicipalities, counties or urban countiesby general law or charter and may exerciseall powers and shall be subject to all limita-tions granted to municipalities by Article 9,Section 12 of the constitution of New Mex-ico. This grant of powers shall not includethe power to enact private or civil laws ex-cept as incident to the exercise of an inde-pendent municipal power, nor shall it in-clude the power to provide for a penaltygreater than the penalty provided for a mis-demeanor. No tax imposed by the governingbody of an urban county, except a tax autho-rized by general law, shall become effectiveuntil approved by a majority vote in the ur-ban county.

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C. A charter of an urban county shallonly be amended in accordance with theprovisions of the charter.

D. If the charter of an urban county pro-vides for a governing body composed ofmembers elected by districts, a member rep-resenting a district shall be a resident andelected by the registered qualified electorsof that district.

E. The purpose of this section is to pro-vide for maximum local self-government.A liberal construction shall be given to thepowers of urban counties.

F. The provisions of this section shallbe self-executing. (As added November 7,2000.)

Sec. 11. [Single urban governments.]

A. A county that is less than one thou-sand five hundred square miles in area andhas, at the time of this amendment, a popula-tion of three hundred thousand or more, andwhether or not it is an urban county pursuantto Section 1 of this amendment, may pro-vide for a single urban government by thefollowing procedure:

(1) by January 1, 2003, a charter com-mission, composed of eleven members,

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shall be appointed to draft a proposed char-ter. Five members shall be appointed by thegoverning body of the county, five mem-bers shall be appointed by the municipalitywith a population greater than three hun-dred thousand and one member shall beappointed by the other ten members;

(2) the proposed charter shall:(a) provide for the form and organiza-

tion of the single urban government;(b) designate those officers that shall be

elected and those officers and employeesthat shall perform the duties assigned by lawto county officers;

(c) provide for a transition period forelected county and city officials whoseterms have not expired on the effective dateof the charter; and

(d) provide for a transition period, noless than one year, to ensure the continuationof government services; and

(3) within one year after the appoint-ment of the charter commission, the pro-posed charter shall be submitted to the qual-ified voters and, if adopted by a majorityof those voters, the municipalities in thatcounty with a population greater than tenthousand shall be disincorporated and thecounty shall be governed by a single ur-

135


ban government. If the proposed charteris not adopted by a majority of the qual-ified voters, then another charter commis-sion shall be appointed and another election,within twelve months of the previous elec-tion, shall be held. If the proposed charteris not adopted by a majority of the quali-fied voters at the second or any subsequentelection, then after at least two years haveelapsed after the election, pursuant to thissection another charter commission may beappointed and another proposed charter maybe submitted to the qualified voters for ap-proval or disapproval. As used in this para-graph, "qualified voter" means a registeredvoter of the county.

B. Upon the adoption of a charter pur-suant to Subsection A of this section, anymunicipality within the county with a popu-lation greater than ten thousand is disincor-porated and no future municipalities shall beincorporated. A county that adopts a charterpursuant to this section may exercise thosepowers granted to urban counties by Section1 of this amendment and is subject to thelimitations imposed upon urban counties bythat section. A county that adopts a charterpursuant to this section has the same powerto enact taxes as any other county and as

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any municipality had before being disincor-porated pursuant to this section.

C. A municipality, with a population often thousand or less, in a county that hasadopted a charter pursuant to this sectionmay become a part of the single urban gov-ernment by a vote of a majority of the qual-ified voters within the municipality votingin an election held upon the filing of a peti-tion containing the signatures of ten percentof the registered voters of that municipality.If a majority of the voters elect to becomea part of the single urban government, thenthe municipality is disincorporated.

D. All property, debts, employees,records and contracts of a municipality dis-incorporated pursuant to this section shallbe transferred to the county and becomethe property, debts, employees, records andcontracts of the county. The rights of amunicipality, disincorporated pursuant tothis section, to receive taxes, fees, distribu-tions or any other thing of value shall betransferred to the county. Any law grantingany power or authorizing any distribution toa municipality disincorporated pursuant tothis section shall be interpreted as grantingthe power or authorizing the distribution tothe county.

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Article XI – Corporations Other Than Municipal

E. The provisions of this section shallbe self-executing. (As added November 7,2000.)

ARTICLE XI

Corporations Other Than Municipal

Sec.1. Creation and composition of public regula-

tion commission.2. Responsibilities of public regulation com-

mission.13. General corporation laws.14. Corporations subject to police power.18. Eminent domain of corporate property.

Sec. 1. [Creation and composition ofpublic regulation commission.]

The "public regulation commission" iscreated. The commission shall consist offive members elected from districts pro-vided by law for staggered four-year termsbeginning on January 1 of the year fol-lowing their election; provided that thosechosen at the first general election afterthe adoption of this section shall imme-diately classify themselves by lot, so thattwo of them shall hold office for two yearsand three of them for four years; and fur-ther provided that, after serving two terms,

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members shall be ineligible to hold officeas a commission member until one fullterm has intervened. No commissioner orcandidate for the commission shall acceptanything of value from a person or entitywhose charges for services to the public areregulated by the commission. (As addedNovember 5, 1996.)

Sec. 2. [Responsibilities of publicregulation commission.]

The public regulation commission shallhave responsibility for chartering and regu-lating business corporations in such manneras the legislature shall provide. The com-mission shall have responsibility for reg-ulating public utilities, including electric,natural gas and water companies; trans-portation companies, including commonand contract carriers; transmission andpipeline companies, including telephone,telegraph and information transmissioncompanies; insurance companies and oth-ers engaged in risk assumption; and otherpublic service companies in such manneras the legislature shall provide. (As addedNovember 5, 1996.)

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Sec. 13. [General corporation laws.]

The legislature shall provide for the or-ganization of corporations by general law.All laws relating to corporations may be al-tered, amended or repealed by the legisla-ture, at any time, when necessary for thepublic good and general welfare, and all cor-porations, doing business in this state, may,as to such business, be regulated, limited orrestrained by laws not in conflict with theconstitution of the United States or of thisconstitution.

Sec. 14. [Corporations subject to policepower.]

The police power of this state is supremeover all corporations as well as individuals.

Sec. 18. [Eminent domain of corporateproperty.]

The right of eminent domain shall neverbe so abridged or construed as to preventthe legislature from taking the property andfranchises of incorporated companies andsubjecting them to the public use, the sameas the property of individuals.

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Article XII – Education

ARTICLE XII

Education

Sec.1. Free public schools.2. Permanent school fund.3. Control of constitutional educational insti-

tutions; use of state land proceeds andother educational funds.

4. Current school fund.5. Compulsory school attendance.6. Public education department; public educa-

tion commission.7. Investment of permanent school fund.8. Teachers to learn English and Spanish.9. Religious tests in schools.10. Educational rights of children of Spanish

descent.11. State educational institutions.12. Acceptance and use of Enabling Act edu-

cational grants.13. Board of regents for educational institu-

tions.14. Recall of local school board members.15. Local school boards having seven single-

member districts.15. (Proposed) [Local school boards having

seven single-member districts.]

Sec. 1. [Free public schools.]

A uniform system of free public schoolssufficient for the education of, and open to,

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all the children of school age in the stateshall be established and maintained.

Sec. 2. [Permanent school fund.]

The permanent school fund of the stateshall consist of the proceeds of sales ofSections Two, Sixteen, Thirty-Two andThirty-Six in each township of the state,or the lands selected in lieu thereof; theproceeds of sales of all lands that have beenor may hereafter be granted to the state nototherwise appropriated by the terms andconditions of the grant; such portion ofthe proceeds of sales of land of the UnitedStates within the state as has been or may begranted by congress; all earnings, includinginterest, dividends and capital gains frominvestment of the permanent school fund;also all other grants, gifts and devises madeto the state, the purpose of which is not oth-erwise specified. (As amended November5, 1996.)

Sec. 3. [Control of constitutionaleducational institutions; use of state landproceeds and other educational funds.]

The schools, colleges, universities andother educational institutions provided for

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by this constitution shall forever remain un-der the exclusive control of the state, and nopart of the proceeds arising from the sale ordisposal of any lands granted to the state bycongress, or any other funds appropriated,levied or collected for educational purposes,shall be used for the support of any sectar-ian, denominational or private school, col-lege or university.

Sec. 4. [Current school fund.]

All forfeitures, unless otherwise providedby law, and all fines collected under generallaws; the net proceeds of property that maycome to the state by escheat; the rentalsof all school lands and other lands grantedto the state, the disposition of which is nototherwise provided for by the terms of thegrant or by act of congress shall constitutethe current school fund of the state. (Asamended November 2, 1971, November 4,1986 and November 5, 1996.)

Sec. 5. [Compulsory school attendance.]

Every child of school age and of suffi-cient physical and mental ability shall be re-quired to attend a public or other school dur-

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ing such period and for such time as may beprescribed by law.

Sec. 6. [Public education department;public education commission.]

A. There is hereby created a “public ed-ucation department” and a “public educa-tion commission” that shall have such pow-ers and duties as provided by law. Thedepartment shall be a cabinet departmentheaded by a secretary of public educationwho is a qualified, experienced educatorwho shall be appointed by the governor andconfirmed by the senate.

B. Ten members of the public educa-tion commission shall be elected for stag-gered terms of four years as provided bylaw. Commission members shall be resi-dents of the public education commissiondistrict from which they are elected. Changeof residence of a commission member toa place outside the district from which hewas elected shall automatically terminatethe term of that member.

C. The governor shall fill vacancies onthe commission by appointment of a resi-dent from the district in which the vacancy

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occurs until the next regular election formembership on the commission.

D. The secretary of public educationshall have administrative and regulatorypowers and duties, including all functionsrelating to the distribution of school fundsand financial accounting for the publicschools to be performed as provided by law.

E. The elected members of the 2003state board of education shall constitutethe public education commission, if thisamendment is approved, until their termsexpire and the districts from which thestate board of education were elected shallconstitute the state public education com-mission districts until changed by law.(As amended November 4, 1958, effectiveJanuary 1, 1959, November 4, 1986, andSeptember 23, 2003.)

Sec. 7. [Investment of permanent schoolfund.]

A. As used in this section, “fund”means the permanent school fund describedin Section 2 of this article and all other per-manent funds derived from lands grantedor confirmed to the state by the act of con-gress of June 20, 1910, entitled “An act to

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enable the people of New Mexico to forma constitution and state government and beadmitted into the union on an equal footingwith the original states.”

B. The fund shall be invested by thestate investment officer in accordance withpolicy regulations promulgated by the stateinvestment council.

C. In making investments, the state in-vestment officer, under the supervision ofthe state investment council, shall exercisethe judgment and care under the circum-stances then prevailing that businessmen ofordinary prudence, discretion and intelli-gence exercise in the management of theirown affairs not in regard to speculation butin regard to the permanent disposition oftheir funds, considering the probable in-come as well as the probable safety of theircapital.

D. The legislature may establish crite-ria for investing the fund if the criteria areenacted by a three-fourths vote of the mem-bers elected to each house, but investment ofthe fund is subject to the following restric-tions:

(1) not more than sixty-five percent ofthe book value of the fund shall be investedat any given time in corporate stocks;

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(2) not more than ten percent of the vot-ing stock of a corporation shall be held;

(3) stocks eligible for purchase shall berestricted to those stocks of businesses listedupon a national stock exchange or includedin a nationally recognized list of stocks; and

(4) not more than fifteen percent of thebook value of the fund may be invested ininternational securities at any single time.

E. All additions to the fund and allearnings, including interest, dividends andcapital gains from investment of the fundshall be credited to the fund.

F. Except as provided in Subsection Gof this section, the annual distributions fromthe fund shall be five percent of the averageof the year-end market values of the fundfor the immediately preceding five calendaryears.

G. In addition to the annual distributionmade pursuant to Subsection F of this sec-tion, unless suspended pursuant to Subsec-tion H of this section, an additional annualdistribution shall be made pursuant to thefollowing schedule; provided that no distri-bution shall be made pursuant to the provi-sions of this subsection in any fiscal year ifthe average of the year-end market values ofthe fund for the immediately preceding five

147


calendar years is less than five billion eighthundred million dollars ($5,800,000,000):

(1) in fiscal years 2005 through 2012,an amount equal to eight-tenths percent ofthe average of the year-end market valuesof the fund for the immediately precedingfive calendar years; provided that any ad-ditional distribution from the permanentschool fund pursuant to this paragraph shallbe used to implement and maintain educa-tional reforms as provided by law; and

(2) in fiscal years 2013 through 2016,an amount equal to one-half percent of theaverage of the year-end market values ofthe fund for the immediately preceding fivecalendar years; provided that any additionaldistribution from the permanent school fundpursuant to this paragraph shall be used toimplement and maintain educational re-forms as provided by law.

H. The legislature, by a three-fifths’vote of the members elected to each house,may suspend any additional distributionprovided for in Subsection G of this sec-tion. (As amended November 4, 1958,September 23, 1965, November 6, 1990,November 5, 1996, and September 23,2003.)

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Sec. 8. [Teachers to learn English andSpanish.]

The legislature shall provide for the train-ing of teachers in the normal schools or oth-erwise so that they may become proficientin both the English and Spanish languages,to qualify them to teach Spanish-speakingpupils and students in the public schoolsand educational institutions of the state, andshall provide proper means and methods tofacilitate the teaching of the English lan-guage and other branches of learning to suchpupils and students.

Sec. 9. [Religious tests in schools.]

No religious test shall ever be requiredas a condition of admission into the publicschools or any educational institution of thisstate, either as a teacher or student, and noteacher or student of such school or institu-tion shall ever be required to attend or par-ticipate in any religious service whatsoever.

Sec. 10. [Educational rights of childrenof Spanish descent.]

Children of Spanish descent in the stateof New Mexico shall never be denied the

149


right and privilege of admission and atten-dance in the public schools or other publiceducational institutions of the state, and theyshall never be classed in separate schools,but shall forever enjoy perfect equality withother children in all public schools and edu-cational institutions of the state, and the leg-islature shall provide penalties for the viola-tion of this section. This section shall neverbe amended except upon a vote of the peo-ple of this state, in an election at which atleast three-fourths of the electors voting inthe whole state and at least two-thirds ofthose voting in each county in the state shallvote for such amendment.

Sec. 11. [State educational institutions.]

The university of New Mexico, at Al-buquerque; the New Mexico state univer-sity, near Las Cruces, formerly known asNew Mexico college of agriculture and me-chanic arts; the New Mexico highlands uni-versity, at Las Vegas, formerly known asNew Mexico normal university; the west-ern New Mexico university, at Silver City,formerly known as New Mexico westerncollege and New Mexico normal school;the eastern New Mexico university, at Por-

150


tales, formerly known as eastern New Mex-ico normal school; the New Mexico insti-tute of mining and technology, at Socorro,formerly known as New Mexico school ofmines; the New Mexico military institute, atRoswell, formerly known as New Mexicomilitary institute; the New Mexico schoolfor the blind and visually impaired, at Alam-ogordo, formerly known as New Mexicoschool for the visually handicapped; theNew Mexico school for the deaf, at SantaFe, formerly known as New Mexico asy-lum for the deaf and dumb; the northernNew Mexico state school, at El Rito, for-merly known as Spanish-American school;are hereby confirmed as state educationalinstitutions. All lands, together with the nat-ural products thereof and the money pro-ceeds of any of the lands and products, heldin trust for the institutions, respectively, un-der their former names, and all propertiesheretofore granted to, or owned by, or whichmay hereafter be granted or conveyed to,the institutions respectively, under their for-mer names, shall, in like manner as hereto-fore, be held in trust for, or owned by or beconsidered granted to, the institutions indi-vidually under their names as hereinaboveadopted and confirmed. The appropriations

151


made and which may hereafter be made tothe state by the United States for agricul-ture and mechanical colleges and experi-ment stations in connection therewith shallbe paid to the New Mexico state univer-sity, formerly known as New Mexico col-lege of agriculture and mechanic arts. (Asrepealed and reenacted November 8, 1960;as amended November 3, 1964.)

Sec. 12. [Acceptance and use of EnablingAct educational grants.]

All lands granted under the provisions ofthe act of congress, entitled, "An act to en-able the people of New Mexico to form aconstitution and state government and beadmitted into the union on an equal foot-ing with the original states; and to enablethe people of Arizona to form a constitutionand state government and be admitted intothe union on an equal footing with the orig-inal states," for the purposes of said severalinstitutions are hereby accepted and con-firmed to said institutions, and shall be ex-clusively used for the purposes for whichthey were granted; provided, that one hun-dred and seventy thousand acres of the landgranted by said act for normal school pur-

152


poses are hereby equally apportioned be-tween said three normal institutions, and theremaining thirty thousand acres thereof isreserved for a normal school which shall beestablished by the legislature and located inone of the counties of Union, Quay, Curry,Roosevelt, Chaves or Eddy.

Sec. 13. [Board of regents foreducational institutions.]

The legislature shall provide for the con-trol and management of each of said institu-tions, except the university of New Mexico,by a board of regents for each institution,consisting of five members, four of whomshall be qualified electors of the state ofNew Mexico, one of whom shall be a mem-ber of the student body of the institutionand no more than three of whom at the timeof their appointment shall be members ofthe same political party; provided, however,that the student body member provision inthis section shall not apply to the New Mex-ico school for the deaf, the New Mexicomilitary institute, the northern New Mexicostate school or the New Mexico school forthe visually handicapped, and for each ofthose four institutions all five members of

153


the board of regents shall be qualified elec-tors of the state of New Mexico. The gov-ernor shall nominate and by and with theconsent of the senate shall appoint the mem-bers of each board of regents for each of saidinstitutions. The terms of said nonstudentmembers shall be for six years, providedthat of the five first appointed the terms oftwo shall be for two years, the terms for twoshall be for four years, and the term of oneshall be for six years. Following the ap-proval by the voters of this amendment andupon the first vacancy of a position held bya nonstudent member on each eligible insti-tution’s board of regents, the governor shallnominate and by and with the consent ofthe senate shall appoint a student member toserve a two-year term. The governor shallselect, with the advice and consent of thesenate, a student member from a list pro-vided by the president of the institution. Inmaking the list, the president of the institu-tion shall give due consideration to the rec-ommendations of the student body presidentof the institution.

The legislature shall provide for the con-trol and management of the university ofNew Mexico by a board of regents consist-ing of seven members, six of whom shall be

154


qualified electors of the state of New Mex-ico, one of whom shall be a member of thestudent body of the university of New Mex-ico and no more than four of whom at thetime of their appointment shall be membersof the same political party. The governorshall nominate and by and with the consentof the senate shall appoint the members ofthe board of regents. The present five mem-bers shall serve out their present terms. Thetwo additional members shall be appointedin 1987 for terms of six years. Followingthe approval by the voters of this amend-ment and upon the first vacancy of a positionheld by a nonstudent member on the univer-sity of New Mexico’s board of regents, thegovernor shall nominate and by and with theconsent of the senate shall appoint a studentmember to serve a two-year term. The gov-ernor shall select, with the advice and con-sent of the senate, a student member from alist provided by the president of the univer-sity of New Mexico. In making the list, thepresident of the university of New Mexicoshall give due consideration to the recom-mendations of the student body president ofthe university.

Members of the board shall not be re-moved except for incompetence, neglect of

155


duty or malfeasance in office. Provided,however, no removal shall be made with-out notice of hearing and an opportunityto be heard having first been given suchmember. The supreme court of the state ofNew Mexico is hereby given exclusive orig-inal jurisdiction over proceedings to removemembers of the board under such rules asit may promulgate, and its decision in con-nection with such matters shall be final.(As amended September 20, 1949, effectiveJanuary 1, 1950, November 4, 1986, andNovember 8, 1994.)

Sec. 14. [Recall of local school boardmembers.]

Any elected local school board member issubject to recall by the voters of the schooldistrict from which elected. A petition for arecall election must cite grounds of malfea-sance or misfeasance in office or violationof the oath of office by the member con-cerned. The recall petition shall be signedby registered voters not less in number thanthirty-three and one-third percent of thosewho voted for the office at the last preced-ing election at which the office was votedupon. Procedures for filing petitions and for

156


determining validity of signatures shall beas provided by law. If at the special elec-tion a majority of the votes cast on the ques-tion of recall are in favor thereof, the localschool board member is recalled from officeand the vacancy shall be filled as providedby law. (As added November 6, 1973 andas amended November 4, 1986.)

Sec. 15. [Local school boards havingseven single-member districts.]

In those local school districts having apopulation of more than two hundred thou-sand, as shown by the most recent decennialcensus, the qualified electors of the districtsmay choose to have a local school boardcomposed of seven members, residents ofand elected from single member districts.

If a majority of the qualified electorsvoting in such a district election vote tohave a seven-member board, the schooldistrict shall be divided into seven localschool board member districts which shallbe compact, contiguous and as nearly equalin population as possible. One school boardmember shall reside within, and be electedfrom each local school board member dis-trict. Change of residence to a place outside

157


the district from which a school boardmember was elected shall automaticallyterminate the service of that school boardmember and the office shall be declaredvacant.

The school board member districts shallbe established by resolution of the localschool board with the approval of the statelegislature, and may be changed once aftereach federal decennial census by the localschool board with the approval of the statelegislature.

The elections required under this amend-ment shall be called and conducted as pro-vided by law for other local school boardelections. The state board of educationshall, by resolution, establish the terms ofthe first board elected after the creation ofsuch a seven-member board. (As addedNovember 4, 1980.)

Sec. 15. (Proposed) [Local school boardshaving seven single-member districts.]

A. In those local school districts hav-ing a population of more than two hundredthousand, as shown by the most recent de-cennial census, the qualified electors of thedistricts shall have a local school board

158


composed of nine members, residents of andelected from single-member districts.

B. The school district shall be dividedinto nine local school board member dis-tricts that shall be compact, contiguousand as nearly equal in population as possi-ble. One school board member shall residewithin, and be elected from, each localschool board member district. Change ofresidence to a place outside the district fromwhich a school board member was electedshall automatically terminate the service ofthat school board member, and the officeshall be declared vacant.

C. The school board member districtsshall be established by resolution of the lo-cal school board with the approval of thestate legislature, and may be changed onceafter each federal decennial census by thelocal school board with the approval of thestate legislature.

D. Notwithstanding the provisions ofArticle 7, Section 1 of the constitution ofNew Mexico, the elections required underthis amendment shall be called and con-ducted by mail-in ballot or as otherwiseprovided by law. The public education de-partment shall establish the terms of the

159

Article XIII – Public Lands

first board elected after the creation of sucha nine-member board.

ARTICLE XIII

Public Lands

Sec.1. Disposition of state lands.2. Duties of land commissioner.3. Patents for public lands.

Sec. 1. [Disposition of state lands.]

All lands belonging to the territory ofNew Mexico, and all lands granted, trans-ferred or confirmed to the state by congress,and all lands hereafter acquired, are de-clared to be public lands of the state to beheld or disposed of as may be providedby law for the purposes for which theyhave been or may be granted, donated orotherwise acquired; provided, that such ofschool Sections Two, Thirty-Two, Sixteenand Thirty-Six as are not contiguous toother state lands shall not be sold within theperiod of ten years next after the admissionof New Mexico as a state for less than tendollars [($10.00)] per acre.

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Article XIII – Public Lands

Sec. 2. [Duties of land commissioner.]

The commissioner of public lands shallselect, locate, classify and have the direc-tion, control, care and disposition of all pub-lic lands, under the provisions of the actsof congress relating thereto and such regu-lations as may be provided by law.

Sec. 3. [Patents for public lands.]

The provisions of the Enabling Act (36Stat. 557, 563) which prohibit the grantingof a patent for a portion of a tract of publiclands under sales contract because the fullconsideration for the entire tract is not orwas not paid, are waived with respect to thefollowing sales:

A. sale of a portion of a tract under salescontract, if the patent to that portion wasissued on or before September 4, 1956;

B. sale of a portion of a tract under salescontract, if the right to purchase the portionis derived from an assignment made on orbefore September 4, 1956; or

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Article XIV – Public Institutions

C. sale of a portion of a tract under salescontract, or under a contract entered intoin substitution of such contract, if the rightto purchase all other portions of the tractwere assigned or relinquished on or beforeSeptember 4, 1956 by the person holding thecontract.

The legislature may enact laws to carryout the purposes of this amendment. (Asadded November 3, 1964.)

ARTICLE XIV

Public Institutions

Sec.1. State institutions.2. Federal land grants and donations.3. Control and management.

Sec. 1. [State institutions.]

The penitentiary at Santa Fe, the miners’hospital at Raton, the New Mexico statehospital at Las Vegas, the New Mexicoboys’ school at Springer, the girls’ welfarehome at Albuquerque, the Carrie Tingleycrippled children’s hospital at Truth orConsequences and the Los Lunas mentalhospital at Los Lunas are hereby confirmed

162

Article XIV – Public Institutions

as state institutions. (As amended Septem-ber 20, 1955 and November 8, 1960.)

Sec. 2. [Federal land grants anddonations.]

All lands which have been or whichmay be granted to the state by congress forthe purpose of said several institutions arehereby accepted for said several institutionswith all other grants, donations or devicesfor the benefit of the same and shall beexclusively used for the purpose for whichthey were or may be granted, donated ordevised.

Sec. 3. [Control and management.]

Each of said institutions shall be undersuch control and management as may beprovided by law. (As amended September20, 1955.)

163

Article XVI – Irrigation and Water Rights

ARTICLE XV

Agriculture and Conservation

Sec.1. Department of agriculture.2. Forest fire prevention.

Sec. 1. [Department of agriculture.]

There shall be a department of agriculturewhich shall be under the control of the boardof regents of the college of agriculture andmechanic arts; and the legislature shall pro-vide lands and funds necessary for experi-mental farming and demonstrating by saiddepartment.

Sec. 2. [Forest fire prevention.]

The police power of the state shall extendto such control of private forest lands asshall be necessary for the prevention andsuppression of forest fires.

ARTICLE XVI

Irrigation and Water Rights

Sec.1. Existing water rights confirmed.2. Appropriation of water.3. Beneficial use of water.

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Sec.4. Drainage districts and systems.5. Appeals in matters relating to water rights.6. Water trust fund.

Sec. 1. [Existing water rights confirmed.]

All existing rights to the use of any watersin this state for any useful or beneficial pur-pose are hereby recognized and confirmed.

Sec. 2. [Appropriation of water.]

The unappropriated water of every natu-ral stream, perennial or torrential, within thestate of New Mexico, is hereby declared tobelong to the public and to be subject to ap-propriation for beneficial use, in accordancewith the laws of the state. Priority of appro-priation shall give the better right.

Sec. 3. [Beneficial use of water.]

Beneficial use shall be the basis, the mea-sure and the limit of the right to the use ofwater.

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Sec. 4. [Drainage districts and systems.]

The legislature is authorized to provideby law for the organization and operation ofdrainage districts and systems.

Sec. 5. [Appeals in matters relating towater rights.]

In any appeal to the district court from thedecision, act or refusal to act of any stateexecutive officer or body in matters relatingto water rights, the proceeding upon appealshall be de novo as cases originally dock-eted in the district court unless otherwiseprovided by law. (As added November 7,1967.)

Sec. 6. [Water trust fund.]

A. The "water trust fund" is created inthe state treasury to conserve and protect thewater resources of New Mexico and to en-sure that New Mexico has the water it needsfor a strong and vibrant future. The pur-pose of the fund shall be to secure a sup-ply of clean and safe water for New Mex-ico’s residents. The fund shall consist ofmoney appropriated, donated or otherwiseaccrued to the fund. Money in the fund

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shall be invested by the state investment of-ficer as land grant permanent funds are in-vested, and there shall be strict accountabil-ity and oversight measures as provided bythe state investment council to ensure appro-priate safety of and return on investments.Earnings from investment of the fund shallbe credited to the fund. Money in the fundshall not revert or be expended for any pur-pose, but an annual distribution shall bemade to the water project fund, which shallbe used only to support critically neededprojects that preserve and protect New Mex-ico’s water supply and is in accordance withSubsection B of this section.

B. On July 1, 2008 and each fiscal yearthereafter, an annual distribution shall bemade from the water trust fund pursuant tolaw, and that distribution shall then be ap-propriated by the legislature only for wa-ter projects consistent with a state waterplan and as otherwise provided by law. (Asadded November 7, 2006.)

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Article XVII – Mines and Mining

ARTICLE XVII

Mines and Mining

Sec.1. Inspector of mines.2. Mining regulations; employment of chil-

dren under fourteen.

Sec. 1. [Inspector of mines.]

There shall be a state mine inspector whoshall be appointed by the governor, by andwith the advice and consent of the senate,for a term of four years, and whose dutiesand salary shall be as prescribed by law.The legislature may pass laws prescribingreasonable qualifications for the state mineinspector and deputy mine inspectors, andcurrent legislative enactments prescribingsuch qualifications are declared to be in fullforce and effect. (As amended September19, 1961.)

Sec. 2. [Mining regulations; employmentof children under fourteen.]

The legislature shall enact laws requir-ing the proper ventilation of mines, the con-struction and maintenance of escapementshafts or slopes, and the adoption and use

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Article XVIII – Militia

of appliances necessary to protect the healthand secure the safety of employees therein.No children under the age of fourteen yearsshall be employed in mines.

ARTICLE XVIII

Militia

Sec.1. Composition, name and commander in

chief of militia.2. Organization, discipline and equipment of

militia.

Sec. 1. [Composition, name andcommander in chief of militia.]

The militia of this state shall consist of allable-bodied male citizens between the agesof eighteen and forty-five, except such asare exempt by laws of the United States orof this state. The organized militia shall becalled the "national guard of New Mexico,"of which the governor shall be the comman-der in chief.

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Article XIX – Amendments

Sec. 2. [Organization, discipline andequipment of militia.]

The legislature shall provide for the or-ganization, discipline and equipment of themilitia, which shall conform as nearly aspracticable to the organization, disciplineand equipment of the regular army of theUnited States, and shall provide for themaintenance thereof.

ARTICLE XIX

Amendments

Sec.1. Proposing and ratifying amendments.2. Constitutional conventions.3. Initiative restricted.4. Amendment of compact with United States.

Sec. 1. [Proposing and ratifyingamendments.]

An amendment or amendments to thisconstitution may be proposed in eitherhouse of the legislature at a regular session;and if a majority of all members elected toeach of the two houses voting separatelyvotes in favor thereof, the proposed amend-ment or amendments shall be entered on

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their respective journals with the yeas andnays thereon.

An amendment or amendments may alsobe proposed by an independent commissionestablished by law for that purpose, and theamendment or amendments shall be submit-ted to the legislature for its review in accor-dance with the provisions of this section.

The secretary of state shall cause any suchamendment or amendments to be publishedin at least one newspaper in every countyof the state, where a newspaper is publishedonce each week, for four consecutive weeks,in English and Spanish when newspapersin both of said languages are published insuch counties, the last publication to be notmore than two weeks prior to the election atwhich time said amendment or amendmentsshall be submitted to the electors of the statefor their approval or rejection; and shall fur-ther provide notice of the content and pur-pose of legislatively approved constitutionalamendments in both English and Spanish toinform electors about the amendments in thetime and manner provided by law. The sec-retary of state shall also make reasonable ef-forts to provide notice of the content andpurpose of legislatively approved constitu-tional amendments in indigenous languages

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and to minority language groups to informelectors about the amendments. Amend-ments approved by the legislature shall bevoted upon at the next regular election heldafter the adjournment of that legislature or ata special election to be held not less than sixmonths after the adjournment of that legisla-ture, at such time and in such manner as thelegislature may by law provide. An amend-ment that is ratified by a majority of the elec-tors voting on the amendment shall becomepart of this constitution.

If two or more amendments are initiatedby the legislature, they shall be so submit-ted as to enable the electors to vote on eachof them separately. Amendments initiatedby an independent commission created bylaw for that purpose may be submitted tothe legislature separately or as a single bal-lot question, and any such commission-ini-tiated amendments that are not substantiallyaltered by the legislature may be submit-ted to the electors in the separate or sin-gle ballot question form recommended bythe commission. No amendment shall re-strict the rights created by Sections One andThree of Article VII hereof, on elective fran-chise, and Sections Eight and Ten of ArticleXII hereof, on education, unless it be pro-

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posed by vote of three-fourths of the mem-bers elected to each house and be ratifiedby a vote of the people of this state in anelection at which at least three-fourths ofthe electors voting on the amendment votein favor of that amendment. (As amendedNovember 7, 1911 and November 5, 1996.)

Sec. 2. [Constitutional conventions.]

Whenever the legislature, by a two-thirdsvote of the members elected to each house,deems it necessary to call a convention torevise or amend this constitution, they shallsubmit the question of calling such conven-tion to the electors at the next general elec-tion, and if a majority of all the electors vot-ing on such questions at said election in thestate votes in favor of calling a convention,the legislature shall, at the next session, pro-vide by law for calling the same. Such con-vention shall consist of at least as many del-egates as there are members of the house ofrepresentatives.

Revisions or amendments proposed by aconstitutional convention shall be submit-ted to the voters of the state at an electionheld on a date set by the convention. Therevisions or amendments proposed by the

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convention may be submitted in whole orin part, or with alternatives, as determinedby the convention. If a majority vote fa-vors a proposal or alternative, it is adoptedand becomes effective thirty days after thecertification of the election returns unlessotherwise provided by the convention. (Asamended November 7, 1911 and November5, 1996.)

Sec. 3. [Initiative restricted.]

If this constitution be in any way soamended as to allow laws to be enacted bydirect vote of the electors the laws whichmay be so enacted shall be only such asmight be enacted by the legislature underthe provisions of this constitution. (Asamended November 7, 1911.)

Sec. 4. [Amendment of compact withUnited States.]

When the United States shall consentthereto, the legislature, by a majority voteof the members in each house, may submitto the people the question of amending anyprovision of Article XXI of this constitu-tion on compact with the United States tothe extent allowed by the act of congress

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Article XX – Miscellaneous

permitting the same, and if a majority ofthe qualified electors who vote upon anysuch amendment shall vote in favor thereofthe said article shall be thereby amendedaccordingly. (As amended November 7,1911.)

ARTICLE XX

Miscellaneous

Sec.1. Oath of officer.2. Tenure of office.3. Date terms of office begin.4. Vacancies in offices of district attorney or

county commissioner.5. Interim appointments.6. Date of general elections.7. Canvass of returns for officers elected by

more than one county.8. First national election.9. State officers limited to salaries.10. Child labor.11. Women as public officers.12. Publication of laws in English and Span-

ish.13. Sacramental wines.14. Public officers barred from using railroad

passes.15. Penitentiary to be reformatory and indus-

trial school; labor by inmates.16. Railroad’s liability to employees.18. Leasing of convict labor prohibited.

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Sec.19. Eight-hour day in public employment.20. Waiver of indictment; proceedings on in-

formation.21. Pollution control.22. Public employees and educational retire-

ment systems trust funds; expendituresand encumbrances prohibited; adminis-tration; vesting of property rights.

Sec. 1. [Oath of officer.]

Every person elected or appointed to anyoffice shall, before entering upon his duties,take and subscribe to an oath or affirmationthat he will support the constitution of theUnited States and the constitution and lawsof this state, and that he will faithfully andimpartially discharge the duties of his officeto the best of his ability.

Sec. 2. [Tenure of office.]

Every officer, unless removed, shall holdhis office until his successor has duly qual-ified.

Sec. 3. [Date terms of office begin.]

The term of office of every state, countyor district officer, except those elected at

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the first election held under this constitu-tion, and those elected to fill vacancies, shallcommence on the first day of January nextafter his election.

Sec. 4. [Vacancies in offices of districtattorney or county commissioner.]

If a vacancy occurs in the office of dis-trict attorney or county commissioner, thegovernor shall fill such vacancy by appoint-ment, and such appointee shall hold such of-fice until the next general election. His suc-cessor shall be chosen at such election andshall hold his office until the expiration ofthe original term. (As amended November8, 1988.)

Sec. 5. [Interim appointments.]

If, while the senate is not in session, avacancy occur in any office the incumbentof which was appointed by the governor byand with the advice and consent of the sen-ate, the governor shall appoint some qual-ified person to fill the same until the nextsession of the senate; and shall then appointby and with the advice and consent of thesenate some qualified person to fill said of-fice for the period of the unexpired term.

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Sec. 6. [Date of general elections.]

General elections shall be held in the stateon the Tuesday after the first Monday inNovember in each even-numbered year.

Sec. 7. [Canvass of returns for officerselected by more than one county.]

The returns of all elections for officerswho are chosen by the electors of more thanone county shall be canvassed by the countycanvassing board of each county as to thevote within their respective counties. Saidboard shall immediately certify the num-ber of votes received by each candidate forsuch office within such county, to the statecanvassing board herein established, whichshall canvass and declare the result of theelection.

Sec. 8. [First national election.]

In the event that New Mexico is admittedinto the union as a state prior to the Tues-day next after the first Monday in Novem-ber in the year nineteen hundred and twelve,and if no provision has been made by thestate legislature therefor, an election shall beheld in the state on the said Tuesday next

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after the first Monday in November, nine-teen hundred and twelve, for the election ofpresidential electors; and such election shallbe held as herein provided for the electionupon the ratification of this constitution, andthe returns thereof made to, and canvassedand certified by, the state canvassing boardas herein provided in case of the election ofstate officers.

Sec. 9. [State officers limited to salaries.]

No officer of the state who receives asalary, shall accept or receive to his own useany compensation, fees, allowance or emol-uments for or on account of his office, in anyform whatever, except the salary providedby law.

Sec. 10. [Child labor.]

The legislature shall enact suitable lawsfor the regulation of the employment of chil-dren.

Sec. 11. [Women as public officers.]

Women may hold the office of notarypublic and such other appointive offices asmay be provided by law.

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Sec. 12. [Publication of laws in Englishand Spanish.]

For the first twenty years after this con-stitution goes into effect all laws passed bythe legislature shall be published in both theEnglish and Spanish languages and there-after such publication shall be made as thelegislature may provide.

Sec. 13. [Sacramental wines.]

The use of wines solely for sacramen-tal purposes under church authority at anyplace within the state shall never be prohib-ited.

Sec. 14. [Public officers barred fromusing railroad passes.]

It shall not be lawful for the governor, anymember of the state board of equalization,any member of the corporation commission[public regulation commission], any judgeof the supreme or district court, any dis-trict attorney, any county commissioner orany county assessor, during his term of of-fice to accept, hold or use any free pass;or purchase, receive or accept transportationover any railroad within this state for him-

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self or his family upon terms not open to thegeneral public; and any person violating theprovisions hereof shall, upon conviction ina court of a competent jurisdiction, be pun-ished as provided in Sections Thirty-Sevenand Forty of the article on Legislative De-partment in this constitution.

Sec. 15. [Penitentiary to be reformatoryand industrial school; labor by inmates.]

The penitentiary is a reformatory and anindustrial school, and all persons confinedtherein shall, so far as consistent with disci-pline and the public interest, be employed insome beneficial industry; and where a con-vict has a dependent family, his net earningsshall be paid to said family if necessary fortheir support.

Sec. 16. [Railroad’s liability toemployees.]

Every person, receiver or corporationowning or operating a railroad within thisstate shall be liable in damages for injuryto, or the death of, any person in its employ,resulting from the negligence, in whole orin part, of said owner or operator, or of anyof the officers, agents or employees thereof,

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or by reason of any defect or insufficiency,due to its negligence, in whole or in part,in its cars, engines, appliances, machinery,track, roadbed, works or other equipment.

An action for negligently causing thedeath of an employee as above providedshall be maintained by the executor or ad-ministrator for the benefit of the employee’ssurviving widow or husband and children;or if none, then his parents; or if none,then the next of kin dependent upon saiddeceased. The amount recovered may bedistributed as provided by law. Any con-tract or agreement made in advance of suchinjury with any employee waiving or limit-ing any right to recover such damages shallbe void.

This provision shall not be construed toaffect the provisions of Section Two of Ar-ticle Twenty-Two of this constitution, beingthe article upon Schedule.

Sec. 18. [Leasing of convict laborprohibited.]

The leasing of convict labor by the stateis hereby prohibited.

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Sec. 19. [Eight-hour day in publicemployment.]

Eight hours shall constitute a day’s workin all cases of employment by and on behalfof the state or any county or municipalitythereof.

Sec. 20. [Waiver of indictment;proceedings on information.]

Any person held by a committing magis-trate to await the action of the grand jury ona charge of felony or other infamous crime,may in open court with the consent of thecourt and the district attorney, to be enteredupon the record, waive indictment and pleadto an information in the form of an indict-ment filed by the district attorney, and fur-ther proceedings shall then be had upon saidinformation with like force and effect asthough it were an indictment duly returnedby the grand jury.

Sec. 21. [Pollution control.]

The protection of the state’s beautiful andhealthful environment is hereby declared tobe of fundamental importance to the pub-lic interest, health, safety and the general

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welfare. The legislature shall provide forcontrol of pollution and control of despoil-ment of the air, water and other natural re-sources of this state, consistent with the useand development of these resources for themaximum benefit of the people. (As addedNovember 2, 1971.)

Sec. 22. [Public employees andeducational retirement systems trustfunds; expenditures and encumbrancesprohibited; administration; vesting ofproperty rights.]

A. All funds, assets, proceeds, income,contributions, gifts and payments from anysource whatsoever paid into or held by apublic employees retirement system or aneducational retirement system created bythe laws of this state shall be held by eachrespective system in a trust fund to be ad-ministered and invested by each respectivesystem for the sole and exclusive benefit ofthe members, retirees and other beneficia-ries of that system. Expenditures from asystem trust fund shall only be made for thebenefit of the trust beneficiaries and for ex-penses of administering the system. A sys-tem trust fund shall never be used, diverted,

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loaned, assigned, pledged, invested, encum-bered or appropriated for any other purpose.To the extent consistent with the provisionsof this section, each trust fund shall be in-vested and the systems administered as pro-vided by law.

B. The retirement board of the publicemployees retirement system and the boardof the educational retirement system shallbe the trustees for their respective systemsand have the sole and exclusive fiduciaryduty and responsibility for administrationand investment of the trust fund held by theirrespective systems.

C. A retirement board shall have thesole and exclusive power and authority toadopt actuarial assumptions for its systembased upon the recommendations made byan independent actuary with whom it con-tracts. The legislature shall not enact anylaw that increases the benefits paid by thesystem in any manner or changes the fund-ing formula for a retirement plan unless ad-equate funding is provided.

D. Upon meeting the minimum servicerequirements of an applicable retirementplan created by law for employees of thestate or any of its political subdivisionsor institutions, a member of a plan shall

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Article XXI – Compact with the United States

acquire a vested property right with dueprocess protections under the applicableprovisions of the New Mexico and UnitedStates constitutions.

E. Nothing in this section shall be con-strued to prohibit modifications to retire-ment plans that enhance or preserve the ac-tuarial soundness of an affected trust fundor individual retirement plan. (As addedNovember 3, 1998.)

ARTICLE XXI

Compact with the United States

Sec.1. Religious toleration; polygamy.2. Control of unappropriated or Indian lands;

taxation of federal government, nonres-ident and Indian property.

3. Assumption of territorial debts.4. Public schools.5. Suffrage.6. Capital.7. Reclamation projects.8. Allotted Indian lands subject to federal

liquor control.9. Consent to Enabling Act provisions.10. Compact irrevocable.11. Consent to exchange of lands.

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Sec. 1. [Religious toleration; polygamy.]

Perfect toleration of religious sentimentshall be secured, and no inhabitant of thisstate shall ever be molested in person orproperty on account of his or her mode ofreligious worship. Polygamous or pluralmarriages and polygamous cohabitation areforever prohibited. (As amended September15, 1953.)

Sec. 2. [Control of unappropriatedor Indian lands; taxation of federalgovernment, nonresident and Indianproperty.]

The people inhabiting this state do agreeand declare that they forever disclaim allright and title to the unappropriated and un-granted public lands lying within the bound-aries thereof, and to all lands lying withinsaid boundaries owned or held by any In-dian or Indian tribes, the right or title towhich shall have been acquired through theUnited States, or any prior sovereignty; andthat until the title of such Indian or Indiantribes shall have been extinguished the sameshall be and remain subject to the disposi-tion and under the absolute jurisdiction andcontrol of the congress of the United States;

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and that the lands and other property belong-ing to citizens of the United States residingwithout this state shall never be taxed at ahigher rate than the lands and other propertybelonging to residents thereof; that no taxesshall be imposed by this state upon lands orproperty therein belonging to or which mayhereafter be acquired by the United Statesor reserved for its use; but nothing hereinshall preclude this state from taxing as otherlands and property are taxed, any lands andother property outside of an Indian reserva-tion, owned or held by any Indian, save andexcept such lands as have been granted oracquired as aforesaid, or as may be grantedor confirmed to any Indian or Indians un-der any act of congress; but all such landsshall be exempt from taxation by this stateso long and to such extent as the congressof the United States has prescribed or mayhereafter prescribe.

Sec. 3. [Assumption of territorial debts.]

The debts and liabilities of the territoryof New Mexico and the debts of the coun-ties thereof, which were valid and subsistingon the twentieth day of June, nineteen hun-dred and ten, are hereby assumed and shall

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be paid by this state; and this state shall, asto all such debts and liabilities, be subro-gated to all the rights, including rights of in-demnity and reimbursement, existing in fa-vor of said territory or of any of the severalcounties thereof on said date. Nothing inthis article shall be construed as validatingor 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 ofthe counties or municipalities thereof whichnow are or may be, at the time this state isadmitted, invalid and illegal; nor shall thelegislature of this state pass any law in anymanner validating or legalizing the same.

Sec. 4. [Public schools.]

Provision shall be made for the establish-ment and maintenance of a system of publicschools which shall be open to all the chil-dren of the state and free from sectarian con-trol, and said schools shall always be con-ducted in English.

Sec. 5. [Suffrage.]

This state shall never enact any law re-stricting or abridging the right of suffrage

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on account of race, color or previous condi-tion of servitude. (As amended November5, 1912.)

Sec. 6. [Capital.]

The capital of this state shall, untilchanged by the electors voting at an elec-tion provided for by the legislature of thisstate for that purpose, be at the city of SantaFe, but no such election shall be calledor provided for prior to the thirty-firstday of December, nineteen hundred andtwenty-five.

Sec. 7. [Reclamation projects.]

There are hereby reserved to the UnitedStates, with full acquiescence of the peo-ple of this state, all rights and powers forthe carrying out of the provisions by theUnited States of the act of congress, enti-tled, "An act appropriating the receipts fromthe sale and disposal of public lands in cer-tain states and territories to the construc-tion of irrigation works for the reclamationof arid lands," approved June seventeenth,nineteen hundred and two, and acts amenda-tory thereof or supplementary thereto, to the

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same extent as if this state had remained aterritory.

Sec. 8. [Allotted Indian lands subject tofederal liquor control.]

Whenever hereafter any of the landscontained within Indian reservations or al-lotments in this state shall be allotted, sold,reserved or otherwise disposed of, theyshall be subject for a period of twenty-fiveyears after such allotment, sale, reserva-tion or other disposal, to all the laws of theUnited States prohibiting the introductionof liquor into the Indian country; and theterms "Indian" and "Indian country" shallinclude the Pueblo Indians of New Mexicoand the lands owned or occupied by them onthe twentieth day of June, nineteen hundredand ten, or which are occupied by them atthe time of the admission of New Mexicoas a state.

Sec. 9. [Consent to Enabling Actprovisions.]

This state and its people consent to alland singular the provisions of the said actof congress, approved June twentieth, nine-teen hundred and ten, concerning the lands

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by said act granted or confirmed to this state,the terms and conditions upon which saidgrants and confirmations were made and themeans and manner of enforcing such termsand conditions, all in every respect and par-ticular as in said act provided.

Sec. 10. [Compact irrevocable.]

This ordinance is irrevocable without theconsent of the United States and the peopleof this state, and no change or abrogationof this ordinance, in whole or in part, shallbe made by any constitutional amendmentwithout the consent of congress.

Sec. 11. [Consent to exchange of lands.]

This state and its people consent to theprovisions of the act of congress, approvedJune 15, 1926, providing for such ex-changes and the governor and other stateofficers mentioned in said act are herebyauthorized to execute the necessary instru-ment or instruments to effect the exchangeof lands therein provided for with the gov-ernment of the United States; provided thatin the determination of values of the landsnow owned by the state of New Mexico,the value of the lands, the timber thereon

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Article XXII – Schedule

and mineral rights pertaining thereto shallcontrol the determination of value. Thelegislature may enact laws for the carryingout of the provisions hereof in accordanceherewith. (As added November 8, 1932.)

ARTICLE XXII

Schedule

Sec.1. Effective date of constitution.2. Federal Employers’ Liability Act.3. Federal Mining Inspection Act.4. Territorial laws.5. Pardons for violation of territorial laws.6. Territorial property vested in state.7. Obligations due territory or subdivision.8. Territorial judicial process and proceedings.9. Territorial courts and officers; seals.10. Pending actions.11. Execution and deposit of constitution.12. Territorial obligations; names of political

subdivisions.13. Election to ratify constitution.14. Ballots for ratifying constitution.15. Canvass of ratification election returns.16. Submission of constitution to president

and congress.17. Proclamation for first election of officers.18. Conduct of first state election; certifica-

tion of results to president.19. First state officers.

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Sec.20. First legislative session; oaths of mem-

bers; election of United States senators.21. Supplementary legislation.22. Terms of first officers.

Sec. 1. [Effective date of constitution.]

This constitution shall take effect and bein full force immediately upon the admis-sion of New Mexico into the union as a state.

Sec. 2. [Federal Employers’ LiabilityAct.]

Until otherwise provided by law, the actof congress of the United States, entitled,"An act relating to liability of commoncarriers, by railroads to their employees incertain cases," approved April twenty-two,nineteen hundred and eight, and all actsamendatory thereof, shall be and remain inforce in this state to the same extent thatthey have been in force in the territory ofNew Mexico.

Sec. 3. [Federal Mining Inspection Act.]

Until otherwise provided by law, the actof congress, entitled, "An act for the protec-tion of the lives of miners," approved March

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three, eighteen hundred and ninety-one, andall acts amendatory thereof, shall be and re-main in force in this state to the same ex-tent that they have been in force in the ter-ritory of New Mexico; the words "gover-nor of the state," are hereby substituted forthe words "governor of such organized ter-ritory," and for the words "secretary of theinterior" wherever the same appear in saidacts; and the chief mine inspector for theterritory of New Mexico, appointed by thepresident of the United States, is hereby au-thorized to perform the duties prescribed bysaid acts until superseded by the "inspec-tor of mines" appointed by the governor,as elsewhere provided by the constitution,and he shall receive the same compensa-tion from the state, as he received from theUnited States.

Sec. 4. [Territorial laws.]

All laws of the territory of New Mexicoin force at the time of its admission into theunion as a state, not inconsistent with thisconstitution, shall be and remain in force asthe laws of the state until they expire by theirown limitation, or are altered or repealed;and all rights, actions, claims, contracts, li-

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abilities and obligations, shall continue andremain unaffected by the change in the formof government.

Sec. 5. [Pardons for violation ofterritorial laws.]

The pardoning power herein granted shallextend to all persons who have been con-victed of offenses against the laws of the ter-ritory of New Mexico.

Sec. 6. [Territorial property vested instate.]

All property, real and personal, and allmoneys, credits, claims and choses in actionbelonging to the territory of New Mexico,shall become the property of this state; andall debts, taxes, fines, penalties, escheatsand forfeitures, which have accrued or mayaccrue to said territory, shall inure to thisstate.

Sec. 7. [Obligations due territory orsubdivision.]

All recognizances, bonds, obligationsand undertakings entered into or executedto the territory of New Mexico, or to any

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county, school district, municipality, officeror official board therein, shall remain validaccording to the terms thereof, and maybe sued upon and recovered by the properauthority under the state law.

Sec. 8. [Territorial judicial process andproceedings.]

All lawful process, writs, judgments,decrees, convictions and sentences issued,rendered, had or pronounced, in force atthe time of the admission of the state, shallcontinue and remain in force to the sameextent as if the change of government hadnot occurred, and shall be enforced andexecuted under the laws of the state.

Sec. 9. [Territorial courts and officers;seals.]

All courts existing, and all persons hold-ing offices or appointments under authorityof said territory, at the time of the admis-sion of the state, shall continue to hold andexercise their respective jurisdictions, func-tions, offices and appointments until super-seded by the courts, officers or authoritiesprovided for by this constitution.

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Until otherwise provided by law, the sealof the territory shall be used as the seal ofthe state, and the seals of the several courts,officers and official boards in the territoryshall be used as the seals of the correspond-ing courts, officers and official boards in thestate; and for any new court, office or boardcreated by this constitution, a seal may beadopted by the judge of said court, or the in-cumbent of said office, or by the said board.

Sec. 10. [Pending actions.]

All suits, indictments, criminal actions,bonds, process, matters and proceedingspending in any of the courts in the ter-ritory of New Mexico at the time of theorganization of the courts provided for inthis constitution shall be transferred to andproceed to determination in such courts oflike or corresponding jurisdiction. And allcivil causes of action and criminal offenseswhich shall have been commenced, or in-dictment found, shall be subject to action,prosecution, indictment and review in theproper courts of the state, in like mannerand to the same extent as if the state hadbeen created and said courts established

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prior to the accrual of such causes of actionand the commission of such offenses.

Sec. 11. [Execution and deposit ofconstitution.]

This constitution shall be signed by thepresident and secretary of the constitutionalconvention, and such delegates as desire tosign the same, and shall be deposited in theoffice of the secretary of the territory whereit may be signed at any time by any delegate.

Sec. 12. [Territorial obligations; namesof political subdivisions.]

All lawful debts and obligations of theseveral counties of the territory of NewMexico not assumed by the state and of theschool districts, municipalities, irrigationdistricts and improvement districts, therein,existing at the time of its admission as astate, shall remain valid and unaffected bythe change of government, until paid orrefunded according to law; and all counties,municipalities and districts in said territoryshall continue with the same names, bound-aries and rights until changed in accordancewith the constitution and laws of the state.

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Sec. 13. [Election to ratify constitution.]

This constitution shall be submitted to thepeople of New Mexico for ratification at anelection to be held on the twenty-first dayof January, nineteen hundred and eleven, atwhich election the qualified voters of NewMexico shall vote directly for or againstthe same, and the governor of the territoryof New Mexico shall forthwith issue hisproclamation ordering said election to beheld on said day.

Except as to the manner of making returnsof said election and canvassing and certi-fying the result thereof, said election shallbe held and conducted in the manner pre-scribed by the laws of New Mexico now inforce.

Sec. 14. [Ballots for ratifyingconstitution.]

The ballots cast at said election in favorof the ratification of this constitution shallhave printed or written thereon in both Eng-lish and Spanish the words "For the Consti-tution"; and those against the ratification ofthe constitution shall have written or printedthereon in both English and Spanish the

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words "Against the Constitution"; and shallbe counted and returned accordingly.

Sec. 15. [Canvass of ratification electionreturns.]

The returns of said election shall be madeby the election officers direct to the secre-tary of the territory of New Mexico at SantaFe, who, with the governor and the chief jus-tice of said territory, shall constitute a can-vassing board, and they, or any two of them,shall meet at said city of Santa Fe on thethird Monday after said election and shallcanvass the same. Said canvassing boardshall make and file with the secretary of theterritory of New Mexico, a certificate signedby at least two of them, setting forth thenumber of votes cast at said election for oragainst the constitution, respectively.

Sec. 16. [Submission of constitution topresident and congress.]

If a majority of the legal votes cast at saidelection as certified to by said canvassingboard, shall be for constitution, it shall bedeemed to be duly ratified by the people ofNew Mexico and the secretary of the terri-tory of New Mexico shall forthwith cause to

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be submitted to the president of the UnitedStates and to congress for approval, a certi-fied copy of this constitution, together withthe statement of the votes cast thereon.

Sec. 17. [Proclamation for first electionof officers.]

If congress and the president approve thisconstitution, or if the president approvesthe same and congress fails to disapprovethe same during the next regular sessionthereof, the governor of New Mexico shall,within thirty days after receipt of notifica-tion from the president certifying said facts,issue his proclamation for an election atwhich officers for a full state government,including a governor, county officers, mem-bers of the state legislature, two representa-tives in congress to be elected at large fromthe state, and such other officers as this con-stitution prescribes, shall be chosen by thepeople; said election to take place not earlierthan sixty days nor later than ninety days af-ter the date of said proclamation by the gov-ernor ordering the same.

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Sec. 18. [Conduct of first state election;certification of results to president.]

Said last-mentioned election shall beheld, the returns thereof made, canvassedand certified to by the secretary of saidterritory, in the same manner, and under thesame laws, including those as to qualifica-tions of electors, shall be applicable thereto,as hereinbefore prescribed for holding,making of the returns, canvassing and cer-tifying the same, of the election for theratification or rejection of this constitution.

When said election of state and county of-ficers, members of the legislature, represen-tatives in congress, and other officers pro-vided for in this constitution, shall be heldand the returns thereof made, canvassed andcertified as hereinbefore provided, the gov-ernor of the territory of New Mexico shallimmediately certify the result of said elec-tion, as canvassed and certified as hereinbe-fore provided, to the president of the UnitedStates.

Sec. 19. [First state officers.]

Within thirty days after the issuance bythe president of the United States of hisproclamation announcing the result of said

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election so ascertained, all officers electedat such election, except members of the leg-islature, shall take the oath of office and givebond as required by this constitution or bythe laws of the territory of New Mexico incase of like officers in the territory, countyor district, and shall thereupon enter uponthe duties of their respective offices; but thelegislature may by law require such officersto give other or additional bonds as a condi-tion of their continuance in office.

Sec. 20. [First legislative session; oathsof members; election of United Statessenators.]

The governor of the state, immediatelyupon his qualifying and entering upon theduties of his office, shall issue his proclama-tion convening the legislature at the seat ofgovernment on a day to be specified therein,not less than thirty nor more than sixty daysafter the date of said proclamation.

The members-elect of the legislature shallmeet on the day specified, take the oath re-quired by this constitution and within tendays after organization shall proceed to theelection of two senators of the United Statesfor the state of New Mexico, in the man-

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ner prescribed by the constitution and lawsof the United States; and the governor andsecretary of the state of New Mexico shallcertify the election of the senators and rep-resentatives in congress in the manner re-quired by law.

Sec. 21. [Supplementary legislation.]

The legislature shall pass all necessarylaws to carry into effect the provisions ofthis constitution.

Sec. 22. [Terms of first officers.]

The term of office of all officers electedat the election aforesaid shall commence onthe date of their qualification and shall ex-pire at the same time as if they had beenelected on the Tuesday next after the firstMonday of November in the year nineteenhundred and twelve.

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Article XXIV – Leases on State Land

ARTICLE XXIV

Leases on State Land

Sec.1. Contracts for the development and produc-

tion of minerals or development and op-eration of geothermal steam and waterson state lands.

Sec. 1. [Contracts for the developmentand production of minerals ordevelopment and operation ofgeothermal steam and waters on statelands.]

Leases and other contracts, reserving aroyalty to the state, for the development andproduction of any and all minerals or forthe development and operation of geother-mal steam and waters on lands granted orconfirmed to the state of New Mexico bythe act of congress of June 20, 1910, enti-tled "An act to enable the people of NewMexico to form a constitution and state gov-ernment and be admitted into the union onan equal footing with the original states,"may be made under such provisions relat-ing to the necessity or requirement for or themode and manner of appraisement, adver-tisement and competitive bidding, and con-

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Article XXIV – Leases on State Land

taining such terms and provisions, as maybe provided by act of the legislature; therentals, royalties and other proceeds there-from to be applied and conserved in accor-dance with the provisions of said act of con-gress for the support or in aid of the commonschools, or for the attainment of the respec-tive purposes for which the several grantswere made. (As added November 6, 1928;as amended November 7, 1967.)

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