On November 3, voters in New Mexico approved a constitutional amendment to allow the legislature to adjust the term of a state, county, or district officer.

House Joint Resolution 8, or Amendment 2, allows the legislature to adjust the term of a state, county, or district officer to align or stagger the election of officers for a particular state, county, or district office throughout the state.

Additionally, the amendment will clarify that officers elected to fill a vacancy in office must take office on the first day of January following their election.

The amendment became effective upon voter approval.

As of 7:00 a.m. November 4, with 96% of the precincts reporting, the amendment passed 64% to 35.7%.

In a 3-2 decision on June 16, the New Mexico Supreme Court denied a request allowing lobbyists and public into the Capitol, known as the Roundhouse, during the special legislative session beginning June 18.

Chief Justice Judith Nakamura described the decision as a difficult ruling to make. However, Nakamura concurred with Justices Barbara Vigil and Michael Vigil in denying the petition. 24 lawmakers submitted this proposal which would have opened the Roundhouse to lobbyists and the public for the special session.

The petition argued that prohibiting lobbyists from entering the Roundhouse violates the constitutional requirement to make all legislative sessions public.

New Mexico’s constitution provides all sessions of each house must be public. Justices challenged attorneys on both sides to define the term “public” and explain in detail what constitutes a public session.

Justice C. Shannon Bacon expressed concern about large parts of the state not having broadband. She also emphasized that thousands of people do not have access to computers, describing New Mexico as a technological desert.

The Supreme Court concluded virtual proceedings balance the need to protect the public from the public health concerns of COVID-19 with the need to ensure the legislative session remains open and transparent.

The ruling means those who wish to follow the session will watch the hearings from their computer screens. This will be current reality, rather than gathering in committee rooms and House and Senate galleries.

The public will be able to speak at the discretion of the House committee chairs via Zoom video conference call. However, the public will only be allowed to send emails, rather than joining a video conference, to address the Senate’s committee.

Beginning June 18, lawmakers will begin debating how to shore up an estimated $2 billion shortfall in projected revenues for the fiscal year 2021 budget. This shortfall is largely due to the pandemic-related government shutdown.

New Mexico Governor Michelle Lujan Grisham targeted June 18 for the start of a special legislative session.

The session will be held to adjust the state budget amid a major hit to expected revenue related to the COVID-19 pandemic.

Additionally, Governor Grisham hopes to reach bipartisan agreement on financial measures.

As of now, the state is on track to re-open thousands of more businesses and services on June 1.

The legislative session is expected to span several days.

New Mexico Gov. Michelle Lujan Grisham indicated she is likely to call legislators to a special session in response to the COVID-19 pandemic.

If called, the session would focus on revising a recently signed state budget, addressing public health needs, and providing economic relief.

In a letter to legislators, Gov. Grisham said emergency federal aid needs to be established before state budget revisions can take place.

The Second Session of the 54th New Mexico Legislature adjourned sine die on February 20 at noon after 30 days in session.

During the session, legislators endorsed a $7.6 billion general fund budget for the fiscal year beginning July 1.

The budget raises annual spending by $536 million, setting aside $17 million toward an initiative that may eventually provide tuition-free education at public colleges.

The budget bill also places $320 million in an endowment fund designed to underwrite early childhood education programs with future investments earnings.

Lawmakers also introduced but did not pass Senate Bill 53, which would have required a lobbyist or lobbyist’s employer to file reports within 14 days following the conclusion of a legislative session.

Senate Bill 53 would have required the post-session report to indicate legislation lobbied and the position taken on each piece of legislation.

Opening day of the 2021 legislative session is scheduled for January 19.

Rep. Joseph Sanchez is resigning from his House District 40 seat to run for election to the 3rd Congressional District.

Sanchez previously defeated Tweeti Blancett in the general election for the seat on November 6, 2018.

The race for the House District 40 seat now has two contestants: Roger Montoya and Justin Salazar-Torrez.

The election will take place on June 2.

A federal judge in New Mexico ruled on January 30 that a Santa Fe ordinance requiring disclosure of campaign spending more than $250 on a ballot proposition is constitutional.

Santa Fe Campaign Code 9-2.6, passed in 2015, states that a person or entity spending $250 or more in support or defeat of a ballot proposition must disclose all expenditures made and contributions received with the city clerk.

Senior U.S. District Court judge Judith C. Herrera’s ruling stems from a 2017 lawsuit brought by nonprofit Rio Grande Foundation.

The suit claimed that disallowing anonymous donations to the foundation was an infringement on free speech.

While the foundation argued that anonymity protects donors from potential harassment from those who disagree with the issues being advocated, the judge found that the disclosure requirements of the ordinance serve substantial governmental interests.

In an effort to increase transparency, Sen. Jeff Steinborn is sponsoring a bill that would require post-session lobbying reports.

Under Senate Bill 53, lobbyists or their employers would have to file an expenditure report within 14 days after each legislative session listing the legislation they supported or opposed.

The 2020 session of the 54^th Legislature is scheduled to begin on January 21 and adjourn on February 20.

If Steinborn’s bill passes, it will become effective on May 20.

New Mexico’s new Ethics Commission opened its doors January 2 to complaints regarding campaign finance, government contracting, gifts from lobbyists, and more.

Voters approved the creation of the Ethics Commission in a November 2018 referendum.

The new Ethics Commission has the power to enforce the civil provisions of several governmental conduct and disclosure laws by imposing civil penalties and recommending disciplinary action, including impeachment.

Jeremy D. Farris is the first state Ethics Commission executive director.

Farris previously served as general counsel to New Mexico’s Department of Finance and Administration.

Mayor Dan Barrone took his official oath of office on January 4 for the District 42 seat in the New Mexico Legislature.

After applying first for the District 6 Senate position, Barrone decided to put his name in the hat for representative after Roberto “Bobby” Gonzales vacated his seat to serve in the state Senate.

He will serve his term in the Legislature while still acting as the mayor for the town of Taos.

The New Mexico state ethics commission opened on January 2.

The commission was created by a constitutional amendment passed in November 2018.

The seven member-structure was specified in a bill signed last March by Gov. Michelle Lujan Grisham.

Former Judge William F. Lang was appointed by Lujan Grisham to be the commission’s first chairman.

The commission will issue advisory opinions regarding campaign finance, government contracts, and lobbying disclosure law and will investigate complaints of potential violations.

The alleged offense must have occurred after June of 2019, and all accusations will be confidential until the commission decides to hold a public hearing.

The commission has the authority to impose civil penalties and can recommend disciplinary action, including impeachment.

Senate Bill 3, relating to the Campaign Reporting Act, was signed by Gov. Michelle Lujan Grisham on Thursday, April 4, 2019.

The bill amends several provisions of campaign finance law, including definitions related to elections cycles, penalties for violating campaign finance law, and independent expenditure reporting.

The bill also requires a person making an independent expenditure in an amount exceeding $1,000 in non-statewide elections and $3,000 in statewide elections to file a report with the secretary of state within specified time periods.

The report must include the name and address of the person who made the independent expenditure, the name and address of the person to whom the independent expenditure was made, the amount, date and purposes of the independent expenditure, and the source of the contributions used to make the independent contribution.

Additionally, contributions to most candidates and political committees will be limited to $5,000 per election cycle unless those contributions are from a candidate’s own personal funds or made to a political committee and used only to make independent expenditures.

Contributions to gubernatorial candidates will be limited to two times the contribution limit during a primary or a general election cycle.

The bill will become effective on July 1, 2019.

Senate Bill 668, relating to the State Ethics Commission Act, was signed by Gov. Michelle Lujan Grisham on Thursday, March 28, 2019.

The bill creates the new independent ethics commission demanded by voters in the November 2018 election.

The new commission will oversee state public officials and employees and give the commission investigative powers over ethics violations.

Sections one through eight and 34 of the bill, relating to the creation of the new commission, will become effective July 1, 2019.

The remaining sections, mostly relating to the commission’s investigative powers, will become effective on January 1, 2020.

The New Mexico Legislature adjourned sine die on March 16, 2019.

House Bill 668, relating to the State Ethics Commission Act, was passed by the Legislature on the final day of the session.

The bill creates the new independent ethics commission demanded by voters in the November 2018 election.

The new commission will oversee state public officials and employees and give the commission investigative powers over ethics violations.

The bill is awaiting the governor’s signature. If signed, sections one through eight and 34 of the bill will become effective July 1, 2019.

The remaining sections will become effective on January 1, 2020.