top of page

CONSTITUTIONAL AMENDMENTS

Constitutional Amendments – Four Questions on Your November Ballot

What Are Constitutional Amendments?

Constitutional amendments are changes to New Mexico's state constitution. Unlike regular laws, amendments:

  • Must be approved by voters directly

  • Are harder to change once passed

  • Shape how our government works for years to come

  • Appear on your ballot as Yes/No questions

Assets on Website (4).png

Amendment 1: Changing Governor’s Veto Power

Constitutional Amendment 1 proposes to change the state constitution to end the "pocket veto" by providing that bills automatically become law if the governor does not sign or veto them within the required timeframe.

 

It would also require the governor to provide a substantive written explanation for any veto (full or partial), regardless of whether the legislature is in session.

How the Governor's Veto Power Works Today
Under the current New Mexico Constitution, the governor has several powers over legislation:
​​
  • Three-day rule (during session): After the legislature passes a bill, the governor has 3 days (Sundays excepted) to sign it or return it with objections.​
  • Twenty-day rule (end of session): If the legislature presents a bill to the governor during the last 3 days of the session, the governor has 20 days after adjournment to act on it.
  • Pocket veto: If the governor takes no action on a bill within the required timeframe, the bill effectively dies — this is known as a "pocket veto."
  • Line-item veto: The governor may veto specific parts, items, or appropriations within a bill while signing the rest into law.

  • Veto override: The legislature can override a veto with a two-thirds vote in each chamber.

What Constitutional Amendment 1 Would Change

Provision
Bills not acted on by governor
Veto messages
Language
Current Law​

Automatically die ("pocket veto")

Proposed Change

Automatically become law

Required only when legislature is in session

Required for all vetoes (full or partial), regardless of session status

Uses gendered pronouns ("he," "him," "his")

Uses gender-neutral language ("the governor")

Key Changes Explained:

1. Eliminating the Pocket Veto

  • If the governor does not sign or veto a bill within 3 days during session (or 20 days for end-of-session bills), the bill would become law automatically — regardless of whether the governor signs it

  • The only exception would be if the legislature's adjournment prevents the governor from returning the bill.

2. Mandatory Veto Explanations

  • The governor would be required to provide a "substantive explanation" for any veto — whether of an entire bill or a portion of it.

  • This explanation would have to be returned with the bill to the house of origin or deposited with the secretary of state.

  • This requirement would apply whether or not the legislature is in session.

How It Will Appear On Your Ballot

Constitutional Amendment 1: Proposing an amendment to Article 4, Section 22 of the Constitution of New Mexico to provide that all bills passed by the legislature and not acted on by the governor will become law and to require veto messages on all bills vetoed in whole or in part by the governor.

Amendment 2: School Election Timing 

Constitutional Amendment 2 proposes to remove the constitutional requirement that school elections in New Mexico be held on separate dates from partisan elections. The amendment would allow school elections to be held on the same dates as statewide and federal elections.

How School Elections Work Today

Under current New Mexico law and the state constitution:

  • Constitutional requirement: School elections must be held on separate dates from partisan elections.

  • Current election date: School board general elections are held on the first Tuesday after the first Monday in November, every two years in odd-numbered years.

  • Nonpartisan: School board members in New Mexico are elected through nonpartisan general elections – there are no partisan primaries for school board races.

  • Other local elections: Following the 2018 Local Election Act, local nonpartisan elections (municipal, school, etc.) can be consolidated with each other.

What Are "Partisan Elections"?

  • Elections involving candidates affiliated with political parties.

  • Includes statewide elections (governor, legislators) and federal elections (U.S. President, U.S. Congress).

  • Currently, school elections must be scheduled on different dates than these partisan contests.

What Constitutional Amendment 2 Would Change

Provision
School election timing
Constitutional text
Current Law​

Must be held on a separate date from partisan elections

"All school elections shall be held at different times from partisan elections"

Proposed Change

May be held on the same date as partisan elections

This sentence would be removed from Article 6, Section 1

Implementing authority

Constitution requires separation; statute sets date

Legislature and local jurisdictions would have flexibility to consolidate dates by statute

Key Changes Explained:

  • The amendment would strike the sentence requiring school elections to be held on different dates from partisan elections.

  • This would not automatically move school elections to coincide with partisan elections – it would remove the constitutional barrier, allowing the legislature, school districts, or county clerks to consolidate elections by statute or local action.

  • School elections would remain nonpartisan regardless of when they are scheduled.

How It Will Appear On Your Ballot

Constitutional Amendment 2: Proposing to amend Article 6, Section 1 of the Constitution of New Mexico to remove the requirement that school elections be separate from partisan elections.

Amendment 3: Board of Regents Appointment Process

Constitutional Amendment 3 proposes to change how members of the Boards of Regents of state educational institutions are appointed. The amendment has three primary components. It would establish nominating committees to provide the governor with lists of nominees for non-student regent appointments.

 

It would also require student regents to be appointed from lists provided by elected student governing bodies (rather than from lists provided by institution presidents). Finally, it would prohibit non-student regents from changing their political party registration in the 12 months preceding appointment.

How Boards of Regents Are Appointed Today

Under the current New Mexico Constitution and statutes:

  • The governor appoints regents with the consent (confirmation) of the state Senate:

    • 5 members for most state universities (4 qualified electors + 1 student member)

    • 7 members for the University of New Mexico (6 qualified electors + 1 student member)

  • Term length: 6-year staggered terms for non-student members; 2-year term for student members.

  • Student regents: Currently, the institution president provides a list of candidates to the governor for the student member seat.

  • Party balance: No more than 3 of the 5 non-student members may be from the same political party (4 of 7 for UNM).

  • Removal: Members may only be removed for incompetence, neglect of duty, or malfeasance, with the state Supreme Court having jurisdiction.

Institutions Governed by Boards of Regents
Institution

Eastern New Mexico University (ENMU)

New Mexico Highlands University

New Mexico Institute of Mining and Technology (NM Tech)

New Mexico State University (NMSU)

Northern New Mexico College (NNMC)

University of New Mexico (UNM)

Western New Mexico University

Location

Portales

Las Vegas

Socorro

Las Cruces

Española

Albuqueque

Silver City

Three specialized schools – the New Mexico School for the Deaf, the New Mexico Military Institute, and the New Mexico School for the Blind and Visually Impaired – have Boards of Regents as well, but currently are not required to have student members.

What Constitutional Amendment 3 Would Change

Provision
Nomination source (non-student regents)
Nomination source (student regents)
Current Law​

Governor selects and appoints, subject to Senate confirmation

List provided by the president of the institution

Proposed Change

Governor must nominate from a list provided by a nominating committee for each institution

List provided by an elected student governing body of the institution

Party-switching restriction

No restriction

Non-student members cannot change political party registration in the 12 months before appointment

Nominating committee composition

Not specified

No more than 50% of committee members from same party; same 12-month party-switching rule applies

Key Changes Explained:

1. Nominating Committees for Non-Student Regents

  • The amendment would create a nominating committee for each state educational institution.

  • The committee's role would be to provide the governor with a list of nominees for non-student regent positions.

  • The legislature would be responsible for defining the appointment process, terms, powers, and duties of each nominating committee.

  • The governor would still make the appointment, subject to Senate confirmation — but would be required to nominate from the committee's list.

2. Student Regent Selection

  • Under current law, the institution's president submits a list of student candidates.

  • The amendment would shift this to an elected student governing body (such as a student council or student government) at each institution.

  • The governor would still select and appoint, with Senate confirmation.

3. Political Party Registration Restrictions

  • Non-student regents would be prohibited from changing their political party registration in the 12 months preceding their appointment.

  • The same restriction would apply to members of the newly established nominating committees.

  • The student regent would be exempt from this requirement.

How It Will Appear On Your Ballot

Constitutional Amendment 3: Proposing an amendment to Article 12, Section 13 of the Constitution of New Mexico to establish nominating committees to provide lists of nominees to the governor for appointment of nonstudent members to the boards of regents of state educational institutions; providing that student members of boards of regents shall be appointed from a list provided by an elected student governing body of the institution; providing that, except for a student member, members of the boards of regents shall not have changed their political party registration in the twelve months preceding appointment.

Amendment 4: Legislative Compensation 

Constitutional Amendment 4 is a proposed change to the New Mexico Constitution that would authorize the state legislature to establish a base salary for state legislators. Currently, New Mexico is the only state where legislators do not receive a base salary for their service.

How Legislators Are Compensated Today

  • No base salary: Legislators do not receive an annual salary for legislative service.

  • Term length: 6-year staggered terms for non-student members; 2-year term for student members.

  • Per diem during session: Legislators receive a daily allowance to offset expenses during the 60-day session (odd years) or 30-day session (even years).

  • Travel reimbursement: Travel costs associated with legislative duties are covered.

  • Pension benefits: Legislators are eligible for pension benefits, which a recent comparison identified as among the highest in the region.

  • Year-round work, session-only pay: Constituent services, committee work, and interim duties occur outside formal session days but are not separately compensated under current law.

What Constitutional Amendment 4 Would Change

1. Authorize a salary: The amendment would allow the legislature to establish a base salary for state legislators.

2. Tie pay to median household income: Compensation would be linked to New Mexico's median household income (~$67,000), not the average individual wage.

3. Built-in accountability: When the state's median household income rises, legislators pay rises. When it falls, legislator pay falls.

4. Compensate year-round work: Unlike per diem, which applies only to session days, a salary would reflect the full scope of legislative responsibilities.

How It Will Appear On Your Ballot

Constitutional Amendment 4: Proposing to amend Article 4, Section 10 of the Constitution of New Mexico to allow legislative compensation that is limited to the median household income for New Mexico, to require legislative compensation to be reduced if the median household income for New Mexico falls, to allow legislative compensation to be increased only if the median household income for New Mexico rises and to provide for delayed implementation.

What You 
Can Do

✅ Read the full text of each amendment on your sample ballot

✅ Share this information with family and friends

✅ Talk about what these changes mean for your community

©2026 by Vote Info NM. 

bottom of page