CONSTITUTION OF THE STATE OF NEW MEXICO

PREAMBLE
- We, the people of New Mexico, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a state…
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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 thirtyseventh parallel of north latitude intersects the one hundred and third meridian west from Greenwich; thence along said…
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ARTICLE II Bill of Rights
- Section 1Supreme law of the land.
  - The state of New Mexico is an inseparable part of the federal union, and the constitution of the United States is the…
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- Section 2 Popular sovereignty
  - All political power is vested in and derived from the people: all government of right originates with the people, is founded upon their will…
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- Section 3 Right of self-government
  - The people of the state have the sole and exclusive right to govern themselves as a free, sovereign and independent state.
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- Section 4 Inherent rights
  - All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life…
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- Section 5 Rights under Treaty of Guadalupe Hidalgo preserved
  - The rights, privileges and immunities, civil, political and religious guaranteed to the people of New Mexico by the Treaty of Guadalupe Hidalgo shall be…
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- Section 6 Right to bear arms
  - No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use…
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- Section 7 Habeas corpus
  - The privilege of the writ of habeas corpus shall never be suspended, unless, in case of rebellion or invasion, the public safety requires it.
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- Section 8 Freedom of elections
  - All elections shall be free and open, and no power, civil or military, shall at any time interfere to prevent the free exercise of…
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- Section 9 Military power subordinate; quartering of soldiers
  - The military shall always be in strict subordination to the civil power; no soldier shall in time of peace be quartered in any house…
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- Section 10 Searches and seizures
  - The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures, and no warrant to search…
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- Section 11 Freedom of religion
  - Every man shall be free to worship God according to the dictates of his own conscience, and no person shall ever be molested…
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- Section 12 Trial by jury; less than unanimous verdicts in civil cases
  - The right of trial by jury as it has heretofore existed shall be secured to all and remain inviolate. In all cases…
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- Section 13 Bail; excessive fines; cruel and unusual punishment
  - All persons shall, before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great and in…
  - Bail may be denied by the district court for a period of sixty days after the incarcer- ation of the defendant by an…
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- Section 14 Indictment and information; grand juries; rights of accused
  - No person shall be held to answer for a capital, felonious or infamous crime unless on a presentment or indictment of a grand jury or…
  - A grand jury shall be composed of such number, not less than twelve, as may be prescribed by law. Citizens only, residing in…
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- Section 15Self-incrimination; double jeopardy.
  - No person shall be compelled to testify against himself in a criminal proceeding, nor shall any person be twice put in jeopardy for the same…
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- Section 16Treason.
  - Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall…
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- Section 17Freedom of speech and press; libel.
  - Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law…
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- Section 18Due process; equal protection; sex discrimination.
  - No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection…
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- Section 19Retroactive laws; bills of attainder; impairment of contracts.
  - No ex post facto law, bill of attainder nor law impairing the obligation of contracts shall be enacted by the legislature.
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- Section 20Eminent domain.
  - Private property shall not be taken or damaged for public use without just compensation.
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- Section 21Imprisonment for debt.
  - No person shall be imprisoned for debt in any civil action.
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- Section 23Reserved rights.
  - The enumeration in this constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people.
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- Section 24Victim’s rights.
  - A. A victim of arson resulting in bodily injury, aggravated arson, aggravated assault, aggravated battery, dangerous use of explosives, negligent use of a deadly weapon,…
  - (1) the right to be treated with fairness and respect for the victim’s dignity and privacy throughout the criminal justice process;
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ARTICLE III Distribution of Powers
- Section 1Separation of departments; establishment of workers compensation body.
  - The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or…
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- Section 10 Compensation of members
  - Each member of the legislature shall receive:
  - A. per diem at the internal revenue service per diem rate for the city of Santa Fe for each day’s attendance during each…
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- Section 11 Rules of procedure; contempt or disorderly conduct; expulsion of members
  - Each house may determine the rules of its procedure, punish its members or others for contempt or disorderly behavior in its presence and protect…
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- Section 12Public sessions; journals.
  - All sessions of each house shall be public. Each house shall keep a journal of its proceedings and the yeas and nays on…
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- Seciton 13Privileges and immunities.
  - Members of the legislature shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the…
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- Section 14Adjournment.
  - Neither house shall, without the consent of the other, adjourn for more than three days, Sundays excepted; nor to any other place than that where…
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- Section 15Laws to be passed by bill; alteration of bill; enacting clause; printing and reading of bill.
  - No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as…
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- Section 16Subject of bill in title; appropriation bills.
  - The subject of every bill shall be clearly expressed in its title, and no bill embracing more than one subject shall be passed except general…
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- Section 17Passage of bills.
  - No bill shall be passed except by a vote of a majority of the members present in each house, nor unless on its final…
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- Section 18Amendment of statutes.
  - No law shall be revised or amended, or the provisions thereof extended by reference to its title only; but each section thereof as revised, amended…
  - Notwithstanding the foregoing or any other provision of this constitution, the legislature, in any law imposing a tax or taxes, may define the amount on,…
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- Section 19Introduction of bills.
  - Time limitation on the introduction of bills at any session of the legislature shall be established by law. (As amended November 8, 1932, and November…
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- Section 20Enrollment, engrossment and signing of bills.
  - Immediately after the passage of any bill or resolution, it shall be enrolled and engrossed, and read publicly in full in each house, and…
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- Section 21 Alteration or theft of bill
  - Any person who shall, without lawful authority, materially change or alter, or make away with, any bill pending in or passed by the legislature,…
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- Section 22 Governor’s approval or veto of bills
  - Every bill passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If he approves, he shall sign…
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- Section 23Effective date of law; emergency acts.
  - Laws shall go into effect ninety days after the adjournment of the legislature enacting them, except general appropriation laws, which shall go into…
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- Section 24Local or special laws.
  - The legislature shall not pass local or special laws in any of the following cases: regulating county, precinct or district affairs; the jurisdiction…
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- Section 25Validating unauthorized official acts; fines against officers, etc.
  - No law shall be enacted legalizing the unauthorized or invalid act of any officer, remitting any fine, penalty or judgment against any officer or validating…
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- Section 26Grant of franchise or privilege.
  - The legislature shall not grant to any corporation or person, any rights, franchises, privileges, immunities or exemptions, which shall not, upon the same…
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- Section 27Extra or increased compensation for officers, contractors, etc.
  - No law shall be enacted giving any extra compensation to any public officer, servant, agent or contractor after services are rendered or contract made;…
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- Section 28Appointment of present and former legislators to office; interest of legislators in contracts.
  - No member of the legislature shall, during the term for which he was elected, be appointed to any civil office in the state,…
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- Section 29Laws creating debts.
  - No law authorizing indebtedness shall be enacted which does not provide for levying a tax sufficient to pay the interest, and for the payment at…
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- Section 30Payments from treasury to be upon appropriations and warrant.
  - Except interest or other payments on the public debt, money shall be paid out of the treasury only upon appropriations made by the legislature. No…
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- Section 31Appropriations for charitable, educational, etc., purposes.
  - No appropriation shall be made for charitable, educational or other benevolent purposes to any person, corporation, association, institution or community, not under…
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- Section 32Remission of debts due state or municipalities.
  - No obligation or liability of any person, association or corporation held or owned by or owing to the state, or any municipal corporation therein,…
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- Section 33 Prosecutions under repealed laws
  - No person shall be exempt from prosecution and punishment for any crime or offenses against any law of this state by reason of…
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- Section 34Change of rights or procedure in pending cases.
  - No act of the legislature shall affect the right or remedy of either party, or change the rules of evidence or procedure, in any pending…
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- Section 35Power and procedure for impeachment and trial.
  - The sole power of impeachment shall be vested in the house of representatives, and a concurrence of a majority of all the members elected…
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- Section 36Officers subject to impeachment.
  - All state officers and judges of the district court shall be liable to impeachment for crimes, misdemeanors and malfeasance in office, but judgment in…
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- Section 37Railroad passes.
  - It shall not be lawful for a member of the legislature to use a pass, or to purchase or receive transportation over any railroad upon…
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- Section 38Monopolies.
  - The legislature shall enact laws to prevent trusts, monopolies and combinations in restraint of trade.
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- Section 39"Bribery" and "solicitation" defined.
  - Any member of the legislature who shall vote or use his influence for or against any matter pending in either house in consideration of…
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- Section 40Penalty for bribery.
  - Any person convicted of any of the offenses mentioned in Sections thirty-seven and thirty-nine hereof, shall be deemed guilty of a felony and upon…
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- Section 41Compelling testimony in bribery cases.
  - Any person may be compelled to testify in any lawful investigation or judicial proceeding against another charged with bribery or solicitation of bribery as…
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- Section 42Hearings on confirmation of gubernatorial appointments.
  - The senate, in exercising its advice and consent responsibilities over gubernatorial appointments, may by resolution designate the members of an appropriate standing committee to operate as…
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ARTICLE IV Legislative Department
- Section 1Vesting of legislative power; location of sessions; referendum on legislation.
  - The legislative power shall be vested in a senate and house of representatives which shall be designated the legislature of the state of New Mexico,…
  - The people reserve the power to disapprove, suspend and annul any law enacted by the legislature, except general appropriation laws; laws providing for…
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- Section 2 Powers generally; disaster emergency procedure
  - In addition to the powers herein enumerated, the legislature shall have all powers necessary to the legislature of a free state, including the power…
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- Section 3Number and qualifications of members; single-member districts; reapportionment.
  - A. Senators shall not be less than twenty-five years of age and representatives not less than twenty-one years of age the district from…
  - B. The senate shall be composed of no more than forty-two members elected from single-member districts.
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- Section 4Terms of office of members; time of election; filling of vacancies.
  - Members of the legislature shall be elected as follows: those senators from Bernalillo, Chaves, Curry, DeBaca, Grant, Lea, Lincoln, Luna, Sandoval, San Juan, San Miguel,…
  - Such legislative appointments as provided in this section shall be for a term ending on December 31, subsequent to the next succeeding general election.…
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- Section 5Time and length of sessions; items considered in even-numbered years.
  - A. Each regular session of the legislature shall begin annually at 12:00 noon on the third Tuesday of January. Every regular session…
  - B. Every regular session of the legislature convening during an even-numbered year shall consider only the following:
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- Section 6Special session; extraordinary session.
  - Special sessions of the legislature may be called by the governor, but no business shall be transacted except such as relates to the objects specified…
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- Section 7Judge of election and qualification of members; quorum.
  - Each house shall be the judge of the election and qualifications of its own members. A majority of either house shall constitute a quorum…
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- Section 8Call to order; presiding officers.
  - The senate shall be called to order in the hall of the senate by the lieutenant governor. The senate shall elect a president pro…
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- Section 9Selection and compensation of officers and employees.
  - The legislature shall select its own officers and employees and fix their compensa tion. Each house shall have one chaplain, one chief clerk…
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ARTICLE V Executive Department
- Section 1Composition of department; terms of office of members; residing and maintaining records at seat of government.
  - The executive department shall consist of a governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general and commissioner of public lands, who…
  - Such officers shall, after having served two terms in a state office, be ineligible to hold that state office until one full term has intervened.
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- Section 2Canvass of elections; tie votes.
  - The returns of every election for state officers shall be sealed up and transmitted to the secretary of state, who, with the governor…
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- Section 3Qualifications of executive officers.
  - No person shall be eligible to any office specified in Section One, hereof, unless he be a citizen of the United States,…
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- Section 4Governor’s executive power; commander of militia.
  - The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully executed. He…
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- Section 5Governor’s appointive and removal power; interim appointees.
  - The governor shall nominate and, by and with the consent of the senate, appoint all officers whose appointment or election is not otherwise provided…
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- Section 6Governor’s power to pardon and reprieve.
  - Subject to such regulations as may be prescribed by law, the governor shall have power to grant reprieves and pardons, after conviction for all…
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- Section 7Succession to governorship.
  - If at the time fixed for the beginning of the term of the governor, the governor-elect shall have died, the lieutenant governorelect shall become…
  - If after the governor-elect has qualified a vacancy occurs in the office of governor, the lieutenant governor shall succeed to that office, and to…
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- Section 8Lieutenant governor to be president of senate.
  - The lieutenant governor shall be president of the senate, but shall vote only when the senate is equally divided.
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- Section 9Public accounts and reports.
  - Each officer of the executive department and of the public institutions of the state shall keep an account of all moneys received by him…
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- Section 10State seal.
  - There shall be a state seal which shall be called the "Great Seal of the State of New Mexico," and shall be kept by…
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- Section 11Commissions.
  - All commissions shall issue in the name of the state, be signed by the governor and attested by the secretary of state, who shall affix…
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- Section 12Compensation of executive officers.
  - The annual compensation to be paid to the officers mentioned in Section One of this article shall be as follows: governor, five thousand dollars…
  - The lieutenant governor shall receive ten dollars [($10.00)] per diem while acting as presiding officer of the senate, and mileage at the same rate as…
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- Section 13Residence of public officers; election from equal districts.
  - All district and municipal officers, county commissioners, school board members and municipal governing body members shall be residents of the political subdivision or district from which…
  - All district and municipal officers, county commissioners, school board members and municipal governing body members shall be residents of the political subdivision or district from which…
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- Section 14State transportation commission.
  - There is created a "state transportation commission". The members of the state transportation commission shall be appointed, shall have such power and shall perform such…
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ARTICLE VI Judicial Department
- Section 1Judicial power vested.
  - The judicial power of the state shall be vested in the senate when sitting as a court of impeachment, a supreme court, a court of…
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- Section 2Supreme court; appellate jurisdiction.
  - Appeals from a judgment of the district court imposing a sentence of death or life imprisonment shall be taken directly to the supreme court.…
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- Section 3Supreme court; original jurisdiction; supervisory control; extraordinary writs.
  - The supreme court shall have original jurisdiction in quo warranto and mandamus against all state officers, boards and commissions, and shall have a…
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- Section 4Supreme court; selection of chief justice.
  - The supreme court of the state shall consist of at least five justices who shall be chosen as provided in this constitution.…
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- Section 5Supreme court; quorum; majority concurring in judgments.
  - A majority of the justices of the supreme court shall be necessary to constitute a quorum for the transaction of business, and a majority…
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- Section 6Supreme court; absent or disqualified justice.
  - When a justice of the supreme court shall be interested in any case, or be absent, or incapacitated, the remaining justices of the court may,…
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- Section 7Supreme court; terms, sessions and recesses.
  - The supreme court shall hold one term each year, commencing on the second Wednesday in January, and shall be at all times in session at…
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- Section 8Supreme court; qualifications of justices.
  - No person shall be qualified to hold the office of justice of the supreme court unless that person is at least thirty-five years old…
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- Section 9Supreme court; officers.
  - The supreme court may appoint and remove at pleasure its reporter, bailiff, clerk and such other officers and assistants as may be prescribed by…
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- Section 10 Supreme court; additional justices
  - After the publication of the census of the United States in the year nineteen hundred and twenty, the legislature shall have power to increase the…
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- Section 11 Supreme court; salary of justices
  - The justices of the supreme court shall each receive such salary as may hereafter be fixed by law. (As amended September 15, 1953.)
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- Section 12 Judicial districts; district judges
  - The state shall be divided into judicial districts as may be provided by law. One or more judges shall be chosen for each district…
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- Section 13 District court; jurisdiction and terms
  - The district court shall have original jurisdiction in all matters and causes not excepted in this constitution, and such jurisdiction of special cases and…
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- Section 14 District court; qualifications and residence requirement of judges
  - The qualifications of the district judges shall be the same as those of justices of the supreme court except that district judges shall have been…
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- Section 15 District court; judges pro tempore
  - A. Any district judge may hold district court in any county at the request of the judge of such district.
  - B. Whenever the public business may require, the chief justice of the supreme court shall designate any district judge of the state, or any…
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- Section 16 District court; additional judges; redistricting
  - The legislature may increase the number of district judges in any judicial district, and they shall be elected or appointed as other district judges…
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- Section 17 District court; judges’ compensation
  - The legislature shall provide by law for the compensation of the judges of the district court. (As amended September 15, 1953.)
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- Section 18 Disqualification of judges or magistrates
  - No justice, judge or magistrate of any court shall, except by consent of all parties, sit in any cause in which either of the…
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- Section 19 Ineligibility of justices or judges for nonjudicial offices
  - No justice of the supreme court, judge of the court of appeals, judge of the district court or judge of a metropolitan court, while serving,…
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- Section 20 Style of writs and processes
  - All writs and processes shall issue, and all prosecution shall be conducted in the name of "The State of New Mexico."
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- Section 21 Judges as conservators of the peace; preliminary examinations in criminal cases
  - Justices of the supreme court, in the state, and district judges and magistrates, in their respective jurisdictions, shall be conservators of the peace. District…
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- Section 22 County clerk as district and probate court clerk
  - Until otherwise provided by law, a county clerk shall be elected in each county who shall, in the county for which he is elected perform…
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- Section 23 Probate court
  - A probate court is hereby established for each county, which shall be a court of record, and, until otherwise provided by law, shall have the…
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- Section 24 District attorneys
  - There shall be a district attorney for each judicial district, who shall be learned in the law, and who shall have been a resident…
  - The legislature shall have the power to provide for the election of additional district attorneys in any judicial district and to designate the counties…
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- Section 26 Magistrate court
  - The legislature shall establish a magistrate court to exercise limited original jurisdiction as may be provided by law. The magistrate court shall be…
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- Section 28 Court of appeals; number, qualifications, compensation; quorum; majority concurring in judgment; power of chief justice to select acting justices
  - The court of appeals shall consist of not less than seven judges who shall be chosen as provided in this constitution, whose qualifications shall…
  - Three judges of the court of appeals shall constitute a quorum for the transaction of business, and a majority of those participating must concur…
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- Section 29 Court of appeals; jurisdiction; issuance of writs
  - The court of appeals shall have no original jurisdiction. It may be authorized by law to review directly decisions of administrative agencies of…
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- Section 30 Fees collected by judiciary paid to state treasury
  - All fees collected by the judicial department shall be paid into the state treasury as may be provided by law and no justice, judge…
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- Section 31 Justices of the peace abolished
  - Justices of the peace shall be abolished not later than five years from the effective date of this amendment and may, within this period, be…
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- Section 32 Judicial standards commission
  - There is created the "judicial standards commission", consisting of two justices or judges, one magistrate and two lawyers selected as may be provided by…
  - In accordance with this section, any justice, judge or magistrate of any court may be disciplined or removed for willful misconduct in office,…
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- Section 33Retention or rejection at general election.
  - A. Each justice of the supreme court, judge of the court of appeals, district judge or metropolitan court judge shall have been elected to that…
  - B. Each justice of the supreme court or judge of the court of appeals shall be subject to retention or rejection in like manner…
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- Section 34Vacancies in office; date for filing declaration of candidacy.
  - The office of any justice or judge subject to the provisions of Section 33 of Article 6 of this constitution becomes vacant on January…
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- Section 35Appellate judges nominating commission.
  - There is created the "appellate judges nominating commission", consisting of: the chief justice of the supreme court or the chief justice’s designee from the supreme court;…
  - The commission shall actively solicit, accept and evaluate applications from quali-fied lawyers for the position of justice of the supreme court or judge…
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- Section 36District court judges nominating committee.
  - There is created the "district court judges nominating committee" for each judicial district. Each and every provision of Section 35 of Article 6 of…
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- Section 37Metropolitan court judges nominating committee.
  - There is created the "metropolitan court judges nominating committee" for each metropolitan court. Each and every provision of Section 35 of Article 6 of…
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- Section 38 Chief judge of district and metropolitan court districts
  - Each judicial district and metropolitan court district shall have a chief judge who shall have the administrative responsibility for that judicial district or…
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ARTICLE VII Elective Franchise
- Section 1 Qualifications of voters; absentee voting; school elections; registration
  - Every citizen of the United States, who is over the age of twenty-one years, and has resided in New Mexico twelve months, in the…
  - The legislature shall have the power to require the registration of the qualified electors as a requisite for voting, and shall regulate…
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- Section 2Qualifications for holding office.
  - A. Every citizen of the United States who is a legal resident of the state and is a qualified elector therein, shall be qualified to…
  - B. The legislature may provide by law for such qualifications and standards as may be necessary for holding an appointive position by any public…
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- Section 3Religious and racial equality protected; restrictions on amendments.
  - The right of any citizen of the state to vote, hold office or sit upon juries, shall never be restricted, abridged or impaired…
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- Section 4Residence.
  - No person shall be deemed to have acquired or lost residence by reason of his presence or absence while employed in the service of…
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- Section 5Election by ballot; plurality elects candidate.
  - A. All elections shall be by ballot.
  - B. The legislature may provide by law for runoff elections for all elections other than municipal, primary or statewide elections. If the legislature does…
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ARTICLE VIII Taxation and Revenue
- Section 1Levy to be proportionate to value; uniform and equal taxes; percentage of value taxed; limitation on annual valuation increases.
  - A. Except as provided in Subsection B of this section, taxes levied upon tangible property shall be in proportion to the value thereof, and taxes…
  - B. The legislature shall provide by law for the valuation of residential property for property taxation purposes in a manner that limits annual increases in…
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- Section 2Property tax limits; exception.
  - Taxes levied upon real or personal property for state revenue shall not exceed four mills annually on each dollar of the assessed valuation…
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- Section 3Tax-exempt property.
  - The property of the United States, the state and all counties, towns, cities and school districts and other municipal corporations, public libraries, community ditches and…
  - Provided, however, that any property acquired by public libraries, community ditches and all laterals thereof, property acquired by churches, property acquired and used for educational…
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- Section 4Misuse and deposit of public money.
  - Any public officer making any profit out of public money or using the same for any purpose not authorized by law, shall be deemed guilty…
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- Section 5Head of family and veteran exemptions.
  - The legislature shall exempt from taxation the property of each head of the family in the amount of two thousand dollars ($2,000). The legislature…
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- Section 6Assessment of lands.
  - Lands held in large tracts shall not be assessed for taxation at any lower value per acre then [than] lands of the same…
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- Section 7Judgments against local officials.
  - No execution shall issue upon judgment rendered against the board of county commissioners of any county, or against any incorporated city, town or…
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- Section 8 Exemption of certain personalty in transit through the state
  - Personal property which is moving in interstate commerce through or over the state of New Mexico, or which was consigned to a warehouse, public…
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- Section 9Elected governing authority prerequisite to levy of tax.
  - No tax or assessment of any kind shall be levied by any political subdivision whose enabling legislation does not provide for an elected governing authority.…
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- Section 10Severance tax permanent fund.
  - A. There shall be deposited in a permanent trust fund known as the "severance tax permanent fund" that part of state revenue derived…
  - B. All additions to the fund and all earnings, including interest, dividends and capital gains from investment of the fund shall be credited to the…
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- Section 15Property tax exemption for disabled veterans.
  - The legislature shall exempt from taxation the property, including the community or joint property of husband and wife, of every veteran of the…
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ARTICLE IX State, County and Municipal Indebtedness
- Section 1Debts of territory and its counties assumed.
  - The state hereby assumes the debts and liabilities of the territory of New Mexico, and the debts of the counties thereof, which were valid and…
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- Seciton 2Payment of county debts by another county.
  - No county shall be required to pay any portion of the debt of any other county so assumed by the state, and the bonds…
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- Section 3State refunding bonds for assumed debts.
  - The bonds authorized by law to provide for the payment of such indebtedness shall be issued in three series, as follows:
  - Series A. To provide for the payment of such debts and liabilities of the territory of New Mexico.
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- Section 4Sale of lands for certain bond payments.
  - The proper officers of the state shall, as soon as practicable, select and locate the one million acres of land granted to the state…
  - Any money received by the state from rentals and sales of said lands in excess of the amounts required for the purposes above-mentioned shall be…
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- Section 5Remission of county debts to state prohibited.
  - The legislature shall never enact any law releasing any county, or any of the taxable property therein, from its obligation to pay to the state…
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- Section 6Militia warrants.
  - No law shall ever be passed by the legislature validating or legalizing, directly or indirectly, the militia warrants alleged to be outstanding…
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- Section 7State indebtedness; purposes.
  - The state may borrow money not exceeding the sum of two hundred thousand dollars [($200,000)] in the aggregate to meet casual deficits or failure…
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- Section 8State indebtedness; restrictions.
  - A. No debt other than those specified in the preceding section shall be contracted by or on behalf of this state, unless authorized by law…
  - B. For the purposes of this section and Article 4, Section 29 of the constitution of New Mexico, a financing agreement entered into by…
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- Section 9Use of borrowed funds.
  - Any money borrowed by the state, or any county, district or municipality thereof, shall be applied to the purpose for which it was obtained, or…
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- Section 10County indebtedness; restrictions.
  - No county shall borrow money except for the following purposes:
  - A. erecting, remodeling and making additions to necessary public buildings;
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- Section 11School district indebtedness restrictions.
  - A. Except as provided in Subsection C of this section, no school district shall borrow money except for the purpose of erecting, remodeling,…
  - B. No school district shall ever become indebted in an amount exceeding six percent on the assessed valuation of the taxable property within the…
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- Section 12Municipal indebtedness; restrictions.
  - No city, town or village shall contract any debt except by an ordinance, which shall be irrepealable until the indebtedness therein provided for shall have…
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- Section 13County and municipal debt limit; exceptions.
  - No county, city, town or village shall ever become indebted to an amount in the aggregate, including existing indebtedness, exceeding four per centum…
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- Section 14Aid to private enterprise; veterans’ scholarship program; student loans; job opportunities; affordable housing.
  - Neither the state nor any county, school district or municipality, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its…
  - A. Nothing in this section prohibits the state or any county or municipality from making provision for the care and maintenance of sick and…
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- Section 15State and local refunding bonds.
  - Nothing in this article shall be construed to prohibit the issue of bonds for the purpose of paying or refunding any valid state, county,…
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- Section 16State highway bonds.
  - Laws enacted by the fifth legislature authorizing the issue and sale of state highway bonds for the purpose of providing funds for the construction…
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ARTICLE X County and Municipal Corporations
- Section 1Classification of counties; salaries and fees of county officers.
  - The legislature shall at its first session classify the counties and fix salaries for all county officers, which shall also apply to those elected at…
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- Section 2Terms of county officers.
  - A. In every county all elected officials shall serve four-year terms, subject to the provisions of Subsection B of this section.
  - B. In those counties that prior to 1992 have not had four-year terms for elected officials, the assessor, sheriff and probate judge shall be elected…
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- Section 3Removal of county seats.
  - No county seat, where there are county buildings, shall be removed unless threefifths of the votes cast by qualified electors on the question of…
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- Section 4Combined city and county corporations.
  - A. The legislature shall, by general law, provide for the formation of combined city and county municipal corporations, and for the manner of determining the…
  - B. Every such charter shall designate the respective officers of such city and county who shall perform the duties imposed by law upon county…
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- Section 5 Incorporated counties
  - Any county at the time of the adoption of this amendment, which is less than one hundred forty-four square miles in area and has a…
  - A. upon the filing of a petition containing the signatures of at least ten percent of the registered voters in the county, the…
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- Section 6 Municipal home rule
  - A. For the purpose of electing some or all of the members of the governing body of a municipality:
  - (1) the legislature may authorize a municipality by general law to be districted;
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- Section 7 Five-member boards of county commissioners
  - The board of county commissioners by unanimous vote may adopt an ordinance to increase the size of the boards of county commissioners to five members.…
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- Section 8 New activity or service mandated by state rule or regulation
  - A state rule or regulation mandating any county or city to engage in any new activity, to provide any new service or to…
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- Section 9 Recall of elected county officials
  - A. An elected official of a county is subject to recall by the voters of the county. Subject to the provisions of Subsection B…
  - (1) of the county if the official sought to be recalled was elected at-large; or
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- Section 10 Urban counties
  - A. A county that is less than one thousand five hundred square miles in area and has, at the time of this amendment,…
  - (1) the board of county commissioners shall, by January 1, 2001, appoint a charter commission consisting of not less than three persons to draft a…
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- Section 11Single urban governments.
  - A. A county that is less than one thousand five hundred square miles in area and has, at the time of this amendment,…
  - (1) by January 1, 2003, a charter commission, composed of eleven members,shall be appointed to draft a proposed charter. Five members shall…
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ARTICLE XI Corporations Other Than Municipal
- Section 1Creation and composition of public regulation commission.
  - The "public regulation commission" is created. The commission shall consist of five members elected from districts provided by law for staggered four-year terms beginning on…
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- Section 2Responsibilities of public regulation commission.
  - The public regulation commission shall have responsibility for chartering and regulating business corporations in such manner as the legislature shall provide. The commission shall…
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- Section 13General corporation laws.
  - The legislature shall provide for the organization of corporations by general law. All laws relating to corporations may be altered, amended or repealed…
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- Section 14Corporations subject to police power
  - The police power of this state is supreme over all corporations as well as individuals.
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- Section 18Eminent domain of corporate property.
  - The right of eminent domain shall never be so abridged or construed as to prevent the legislature from taking the property and franchises of incorporated…
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ARTICLE XII Education
- Section 1Free public schools.
  - A uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the…
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- Section 2 Permanent school fund
  - The permanent school fund of the state shall consist of the proceeds of sales of Sections Two, Sixteen, Thirty-Two and Thirty-Six in each township of…
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- Section 3 Control of constitutional educational institutions; use of state land proceeds and other educational funds
  - The schools, colleges, universities and other educational institutions provided for by this constitution shall forever remain under the exclusive control of the state,…
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- Section 4Current school fund.
  - All forfeitures, unless otherwise provided by law, and all fines collected under general laws; the net proceeds of property that may come to the state…
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- Section 5Compulsory school attendance.
  - Every child of school age and of sufficient physical and mental ability shall be required to attend a public or other school…
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- Section 6 Public education department; public education commission
  - A. There is hereby created a “public education department” and a “public education commission” that shall have such powers and duties as…
  - B. Ten members of the public education commission shall be elected for staggered terms of four years as provided by law. Commission members…
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- Section 7 Investment of permanent school fund
  - A. As used in this section, “fund” means the permanent school fund described in Section 2 of this article and all other permanent funds…
  - B. The fund shall be invested by the state investment officer in accordance with policy regulations promulgated by the state investment council.
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- Section 8 Teachers to learn English and Spanish
  - The legislature shall provide for the training of teachers in the normal schools or otherwise so that they may become proficient in both…
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- Section 9 Religious tests in schools
  - No religious test shall ever be required as a condition of admission into the public schools or any educational institution of this state, either as…
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- Section 10 Educational rights of children of Spanish descent
  - Children of Spanish descent in the state of New Mexico shall never be denied the right and privilege of admission and attendance in…
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- Section 11 State educational institutions
  - The university of New Mexico, at Albuquerque; the New Mexico state university, near Las Cruces, formerly known as New Mexico college of agriculture…
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- Section 12 Acceptance and use of Enabling Act educational grants
  - All lands granted under the provisions of the act of congress, entitled, "An act to enable the people of New Mexico to form…
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- Section 13 Acceptance and use of Enabling Act educational grants
  - The legislature shall provide for the control and management of each of said institutions, except the university of New Mexico, by a board…
  - The legislature shall provide for the control and management of the university of New Mexico by a board of regents consisting of seven…
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- Section 14 Recall of local school board members
  - Any elected local school board member is subject to recall by the voters of the school district from which elected. A petition for a recall…
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- Section 15 Local school boards having seven singlemember districts
  - In those local school districts having a population of more than two hundred thousand, as shown by the most recent decennial census, the qualified…
  - If a majority of the qualified electors voting in such a district election vote to have a seven-member board, the school district shall be divided…
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- Section 15(Proposed) [Local school boards having seven single-member districts.]
  - A. In those local school districts having a population of more than two hundred thousand, as shown by the most recent decennial census,…
  - B. The school district shall be divided into nine local school board member districts that shall be compact, contiguous and as nearly equal in…
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ARTICLE XIII Public Lands
- Section 1 Disposition of state lands
  - All lands belonging to the territory of New Mexico, and all lands granted, transferred or confirmed to the state by congress, and all lands…
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- Section 2 Duties of land commissioner.
  - The commissioner of public lands shall select, locate, classify and have the direction, control, care and disposition of all public lands, under the…
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- Section 3 Patents for public lands
  - The provisions of the Enabling Act (36 Stat. 557, 563) which prohibit the granting of a patent for a portion of a tract of…
  - A. sale of a portion of a tract under sales contract, if the patent to that portion was issued on or before September 4,…
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ARTICLE XIV Public Institutions
- Section 1 Public Institutions
  - The penitentiary at Santa Fe, the miners’ hospital at Raton, the New Mexico state hospital at Las Vegas, the New Mexico boys’ school at Springer,…
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- Section 2 Federal land grants and donations
  - All lands which have been or which may be granted to the state by congress for the purpose of said several institutions are hereby accepted…
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- Section 3 Control and management
  - Each of said institutions shall be under such control and management as may be provided by law. (As amended September 20, 1955.)
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ARTICLE XV Agriculture and Conservation
- Section 1 Department of agriculture
  - There shall be a department of agriculture which shall be under the control of the board of regents of the college of agriculture and mechanic…
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- Section 2 Forest fire prevention
  - The police power of the state shall extend to such control of private forest lands as shall be necessary for the prevention and suppression of…
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ARTICLE XVI Irrigation and Water Rights
- Section 1 Existing water rights confirmed
  - All existing rights to the use of any waters in this state for any useful or beneficial purpose are hereby recognized and confirmed.
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- Section 2Appropriation of water.
  - The unappropriated water of every natural stream, perennial or torrential, within the state of New Mexico, is hereby declared to belong to the public…
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- Section 3Beneficial use of water.
  - Beneficial use shall be the basis, the measure and the limit of the right to the use of water.
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- Seciton 4Drainage districts and systems.
  - The legislature is authorized to provide by law for the organization and operation of drainage districts and systems.
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- Section 5Appeals in matters relating to water rights.
  - In any appeal to the district court from the decision, act or refusal to act of any state executive officer or body in matters…
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- Section 6Water trust fund.
  - A. The "water trust fund" is created in the state treasury to conserve and protect the water resources of New Mexico and to ensure…
  - B. On July 1, 2008 and each fiscal year thereafter, an annual distribution shall be made from the water trust fund pursuant to law, and…
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ARTICLE XVII Mines and Mining
- Section 1Inspector of mines.
  - There shall be a state mine inspector who shall be appointed by the governor, by and with the advice and consent of the senate, for…
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- Section 2Mining regulations; employment of children under fourteen.
  - The legislature shall enact laws requiring the proper ventilation of mines, the construction and maintenance of escapement shafts or slopes, and the adoption…
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ARTICLE XVIII Militia
- Section 1Composition, name and commander in chief of militia.
  - The militia of this state shall consist of all able-bodied male citizens between the ages of eighteen and forty-five, except such as are exempt by…
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- Section 2Organization, discipline and equipment of militia.
  - The legislature shall provide for the organization, discipline and equipment of the militia, which shall conform as nearly as practicable to the organization, discipline and…
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ARTICLE XIX Amendments
- Section 1 Proposing and ratifying amendments
  - An amendment or amendments to this constitution may be proposed in either house of the legislature at a regular session; and if a majority of…
  - An amendment or amendments may also be proposed by an independent commission established by law for that purpose, and the amendment or amendments shall be…
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- Section 2 Constitutional conventions
  - Whenever the legislature, by a two-thirds vote of the members elected to each house, deems it necessary to call a convention to revise or amend…
  - Revisions or amendments proposed by a constitutional convention shall be submitted to the voters of the state at an election held on a date…
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- Section 3 Initiative restricted
  - If this constitution be in any way so amended as to allow laws to be enacted by direct vote of the electors the laws…
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- Section 4 Amendment of compact with United States
  - When the United States shall consent thereto, the legislature, by a majority vote of the members in each house, may submit to the people the…
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ARTICLE XX Miscellaneous
- Section 1 Oath of officer
  - Every person elected or appointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will…
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- Section 2 Tenure of office
  - Every officer, unless removed, shall hold his office until his successor has duly qualified.
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- Section 3 Date terms of office begin
  - The term of office of every state, county or district officer, except those elected at the first election held under this constitution, and…
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- Section 4 Vacancies in offices of district attorney or county commissione
  - If a vacancy occurs in the office of district attorney or county commissioner, the governor shall fill such vacancy by appointment, and such…
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- Section 5 Interim appointments
  - If, while the senate is not in session, a vacancy occur in any office the incumbent of which was appointed by the governor by and…
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- Section 6 Date of general elections
  - General elections shall be held in the state on the Tuesday after the first Monday in November in each even-numbered year.
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- Section 7 Canvass of returns for officers elected by more than one county
  - The returns of all elections for officers who are chosen by the electors of more than one county shall be canvassed by the county canvassing…
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- Section 8 First national election
  - In the event that New Mexico is admitted into the union as a state prior to the Tuesday next after the first Monday…
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- Section 9 State officers limited to salaries
  - No officer of the state who receives a salary, shall accept or receive to his own use any compensation, fees, allowance or emoluments for…
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- Section 10 Child labor.
  - The legislature shall enact suitable laws for the regulation of the employment of children.
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- Section 11 Women as public officers
  - Women may hold the office of notary public and such other appointive offices as may be provided by law.
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- Section 12 Publication of laws in English and Spanish
  - For the first twenty years after this constitution goes into effect all laws passed by the legislature shall be published in both the English…
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- Section 13 Sacramental wines
  - The use of wines solely for sacramental purposes under church authority at any place within the state shall never be prohibited.
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- Section 14 Public officers barred from using railroad passes
  - It shall not be lawful for the governor, any member of the state board of equalization, any member of the corporation commission [public regulation commission],…
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- Section 15 Penitentiary to be reformatory and industrial school; labor by inmates
  - The penitentiary is a reformatory and an industrial school, and all persons confined therein shall, so far as consistent with discipline and the public…
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- Section 16 Railroad’s liability to employees
  - Every person, receiver or corporation owning or operating a railroad within this state shall be liable in damages for injury to, or the death of,…
  - An action for negligently causing the death of an employee as above provided shall be maintained by the executor or administrator for the benefit…
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- Section 18 Leasing of convict labor prohibited
  - The leasing of convict labor by the state is hereby prohibited.
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- Section 19 Eight-hour day in public employment
  - Eight hours shall constitute a day’s work in all cases of employment by and on behalf of the state or any county or municipality thereof.
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- Section 20 Waiver of indictment; proceedings on information
  - Any person held by a committing magistrate to await the action of the grand jury on a charge of felony or other infamous…
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- Section 21 Pollution control
  - The protection of the state’s beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and…
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- Section 22 Public employees and educational retirement systems trust funds; expenditures and encumbrances prohibited; administration; vesting of property rights
  - A. All funds, assets, proceeds, income, contributions, gifts and payments from any source whatsoever paid into or held by a public employees retirement system or…
  - B. The retirement board of the public employees retirement system and the board of the educational retirement system shall be the trustees for their respective…
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ARTICLE XXI Compact with the United States
- Section 1 Religious toleration; polygamy.
  - Perfect toleration of religious sentiment shall be secured, and no inhabitant of this state shall ever be molested in person or property on account of…
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- Section 2Control of unappropriated or Indian lands; taxation of federal government, nonresident and Indian property.
  - The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands…
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- Section 3Assumption of territorial debts.
  - The debts and liabilities of the territory of New Mexico and the debts of the counties thereof, which were valid and subsisting on the…
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- Section 4Public schools.
  - Provision shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children…
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- Section 5Suffrage.
  - This state shall never enact any law restricting or abridging the right of suffrage on account of race, color or previous condition…
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- Section 6Capital.
  - The capital of this state shall, until changed by the electors voting at an election provided for by the legislature of this state for…
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- Section 7Reclamation projects.
  - There are hereby reserved to the United States, with full acquiescence of the people of this state, all rights and powers for the carrying…
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- Section 8 Allotted Indian lands subject to federal liquor control
  - Whenever hereafter any of the lands contained within Indian reservations or allotments in this state shall be allotted, sold, reserved or otherwise disposed of,…
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- Section 9 Consent to Enabling Act provisions
  - This state and its people consent to all and singular the provisions of the said act of congress, approved June twentieth, nineteen hundred and…
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- Section 10 Compact irrevocable
  - This ordinance is irrevocable without the consent of the United States and the people of this state, and no change or abrogation of this ordinance,…
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- Section 11 Consent to exchange of lands
  - This state and its people consent to the provisions of the act of congress, approved June 15, 1926, providing for such exchanges and the…
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ARTICLE XXII Schedule
- Section 1 Effective date of constitution
  - This constitution shall take effect and be in full force immediately upon the admission of New Mexico into the union as a state.
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- Section 2 Federal Employers’ Liability Act
  - Until otherwise provided by law, the act of congress of the United States, entitled, "An act relating to liability of common carriers, by railroads to…
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- Section 3 Federal Mining Inspection Act
  - Until otherwise provided by law, the act of congress, entitled, "An act for the protection of the lives of miners," approved March three,…
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- Section 4 Territorial laws
  - All laws of the territory of New Mexico in force at the time of its admission into the union as a state, not inconsistent…
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- Section 5 Pardons for violation of territorial laws
  - The pardoning power herein granted shall extend to all persons who have been convicted of offenses against the laws of the territory of…
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- Section 6 Territorial property vested in state
  - All property, real and personal, and all moneys, credits, claims and choses in action belonging to the territory of New Mexico, shall become the property…
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- Section 7 Obligations due territory or subdivision
  - All recognizances, bonds, obligations and undertakings entered into or executed to the territory of New Mexico, or to any county, school district, municipality, officer or…
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- Section 8 Territorial judicial process and proceedings
  - All lawful process, writs, judgments, decrees, convictions and sentences issued, rendered, had or pronounced, in force at the time of the admission of the state,…
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- Section 9 Territorial courts and officers; seals
  - All courts existing, and all persons holding offices or appointments under authority of said territory, at the time of the admission of the…
  - Until otherwise provided by law, the seal of the territory shall be used as the seal of the state, and the seals of the…
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- Section 10 Pending actions
  - All suits, indictments, criminal actions, bonds, process, matters and proceedings pending in any of the courts in the territory of New Mexico at the…
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- Section 11 Execution and deposit of constitution
  - This constitution shall be signed by the president and secretary of the constitutional convention, and such delegates as desire to sign the same, and shall…
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- Section 12 Territorial obligations; names of political subdivisions
  - All lawful debts and obligations of the several counties of the territory of New Mexico not assumed by the state and of the school districts,…
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- Section 13 Election to ratify constitution
  - This constitution shall be submitted to the people of New Mexico for ratification at an election to be held on the twenty-first day of January,…
  - Except as to the manner of making returns of said election and canvassing and certifying the result thereof, said election shall be held and…
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- Section 14 Ballots for ratifying constitution
  - The ballots cast at said election in favor of the ratification of this constitution shall have printed or written thereon in both English and…
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- Section 15 Canvass of ratification election returns
  - The returns of said election shall be made by the election officers direct to the secretary of the territory of New Mexico at…
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- Section 16 Submission of constitution to president and congress
  - If a majority of the legal votes cast at said election as certified to by said canvassing board, shall be for constitution, it shall…
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- Section 17 Proclamation for first election of officers
  - If congress and the president approve this constitution, or if the president approves the same and congress fails to disapprove the same during the next…
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- Section 18 Conduct of first state election; certification of results to president
  - Said last-mentioned election shall be held, the returns thereof made, canvassed and certified to by the secretary of said territory, in the same manner, and…
  - When said election of state and county officers, members of the legislature, representatives in congress, and other officers provided for in this…
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- Section 19 First state officers
  - Within thirty days after the issuance by the president of the United States of his proclamation announcing the result of said election so ascertained,…
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- Section 20 First legislative session; oaths of members; election of United States senators
  - The governor of the state, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the legislature…
  - The members-elect of the legislature shall meet on the day specified, take the oath required by this constitution and within ten days after organization…
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- Section 21 Supplementary legislation
  - The legislature shall pass all necessary laws to carry into effect the provisions of this constitution.
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- Section 22 Terms of first officers
  - The term of office of all officers elected at the election aforesaid shall commence on the date of their qualification and shall expire at…
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ARTICLE XXIV Leases on State Land
- Section 1Contracts for the development and production of minerals or development and operation of geothermal steam and waters on state lands.
  - Leases and other contracts, reserving a royalty to the state, for the development and production of any and all minerals or for the development and…
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CONSTITUTION OF NEW MEXICO

CONSTITUTION OF THE STATE OF NEW MEXICO