New Mexico Constitutional Amendments on November 8 General Election Ballot

New Mexico Constitutional Amendment 1 on November 8th General Election Ballot

Amendment 1 is an amendment to allocate 1.25 percent of the five-year average of year-end market values of the money in the Land Grant Permanent Fund (LGPF) to early childhood education services and the public school permanent fund. This puts the total take out of the permanent fund 6.25 percent.

The last increase of the funds coming out of the fund was in 2003 and passed by a mere 195 votes. That increase took the withdrawal from the fund from 4.7 percent to 5.8 percent for fiscal years 2005 to 2012, 5.5 percent for fiscal years 2013 to 2016, then to a permanent 5 percent.

“PROPOSING AN AMENDMENT TO ARTICLE 12, SECTION 7 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR ADDITIONAL ANNUAL DISTRIBUTIONS OF THE PERMANENT SCHOOL FUND FOR ENHANCED INSTRUCTION FOR STUDENTS AT RISK OF FAILURE, EXTENDING THE SCHOOL YEAR, TEACHER COMPENSATION AND EARLY CHILDHOOD EDUCATION; REQUIRING CONGRESSIONAL APPROVAL FOR DISTRIBUTIONS FOR EARLY CHILDHOOD EDUCATION.”

https://www.nmlegis.gov/Publications/ New_Mexico_State_Government/Constitutional_Amendment/Constitutional_ Amendments_2022.pdf

The above site shows detailed arguments for and against the amendment. The document has been prepared by Legislative Council Service.

ARGUMENTS AGAINST

1. Other funding is available to accomplish the stated goal of the proposed constitutional amendment. 2. The amendment will eventually cause diminishing distributions due to a smaller fund corpus. 3. Congressional approval is required and further legislative changes are likely necessary. If this constitutional amendment were to be approved by voters, approval from the United States Congress is required prior to the changes taking effect. 4. May not actually increase funding for public education or early childhood education.

ARGUMENTS FOR

1. Would provide additional and needed funding for public schools and early childhood education. 2. Early childhood educational programming provides a significant benefit in student outcomes. 3. Increased student outcomes provide direct benefits to taxpayers and the state.

Amendment 2 is an amendment to require state funds for infrastructure that provide household services to be approved by a majority vote in each chamber of the legislature.

“PROPOSING TO AMEND ARTICLE 9, SECTION 14 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW PUBLIC INVESTMENT TO PROVIDE ACCESS TO ESSENTIAL HOUSEHOLD SERVICES, INCLUDING INTERNET, ENERGY, WATER, WASTEWATER AND OTHER SIMILAR SERVICES AS PROVIDED BY LAW, UPON THE ENACTMENT OF GENERAL IMPLEMENTING LEGISLATION BY A MAJORITY VOTE OF THE MEMBERS ELECTED TO EACH HOUSE OF THE LEGISLATURE.”

https://www.nmlegis.gov/Publications/ New_Mexico_State_Government/Constitutional_Amendment/Constitutional_ Amendments_2022.pdf

ARGUMENTS AGAINST Amendment 2

1. The proposed amendment lacks clarity and leaves too much discretion for future legislatures in enacting the implementing legislation. 2. Public money may not be adequately safeguarded. 3. The growing exceptions to the anti-donation clause are swallowing the rule.

ARGUMENTS FOR Amendment 2 1. The amendment would increase access to essential utility services.

2. May assist the state with leveraging federal funding. 3. May assist with ensuring that all New Mexicans have access to the internet. 4. The contours of the implementing legislation would be vetted through the public legislative process.

Amendment 3 is an amendment to provide that a judge appointed to fill a vacancy be up for election at the first general election one year after the appointment.

“PROPOSING TO AMEND ARTICLE 6, SECTION 35 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT AN APPOINTED JUDGE SERVE AT LEAST ONE YEAR BEFORE A GENERAL ELECTION IS HELD FOR THE OFFICE TO WHICH THE JUDGE WAS APPOINTED.”

https://www.nmlegis.gov/Publications/ New_Mexico_State_Government/Constitutional_Amendment/Constitutional_ Amendments_2022.pdf

ARGUMENTS AGAINST Amendment 3

1. Delaying the election may have unintended consequences. 2. Unclear if the new language applies to judges other than appellate judges. an 3. Removes an inherently political decision from the political process for a longer period than the Constitution of New Mexico currently provides. ▫

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