New Mexico Legislators Appointment Amendment, Amendment 5 (2010)
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- See also: 2010 ballot measure election results
Official election results follow:
|Amendment 5 (Legislators Appointment)|
Results via New Mexico Secretary of State.
Text of measure
The ballot read as follows:
Proposing an amendment to Article 4, Section 28 of the Constitution of New Mexico to allow the appointment of certain former members of the legislature to civil offices in the state in a limited situation.
[ ] For[ ] Against
The summary of the amendment read as follows:
- A joint resolution proposing an amendment to Article 4, Section 28 of the Constitution of New Mexico to allow the appointment of certain former members of the legislature to civil offices in the state in a limited situation.
The fiscal implications of the measure, as stated in the state Fiscal Impact Report, reads:
- The SOS notes placing a Constitutional Amendments on the ballot is very costly. The previous 2008 General Election had 5 Constitutional Amendments that cost the State of New Mexico over $520,000. Each amendment cost approximately $104,000. These amendments have to be published in English and Spanish in a major recognized newspaper in every county statewide.
- "A. Except as provided in Subsection B of this section, a member of the legislature shall not, during the term for which the member was elected, be appointed to any civil office in the state, nor shall the member within one year thereafter be appointed to any civil office created, or the emoluments of which were increased during such term.
- B. A member of the legislature may be appointed to a civil office during the term of the legislature for which the member was elected if:
- (1) the member resigns from the legislature prior to the appointment; and
- (2) during that term, prior to the member's resignation, the civil office to which the appointment is to be made was not created or the emoluments of which were not increased.
- C. A member of the legislature shall not, during the term for which the member was elected, nor within one year thereafter, be interested directly or indirectly in any contract with the state or any municipality thereof, which was authorized by any law passed during such term."
The previous section read:
- "No member of the legislature shall, during the term for which he was elected, be appointed to any civil office in the state, nor shall he within one year thereafter be appointed to any civil office created, or the emoluments of which were increased during such term; nor shall any member of the legislature during the term for which he was elected nor within one year thereafter, be interested directly or indirectly in any contract with the state or any municipality thereof, which was authorized by any law passed during such term."
- There was no known supporting campaign for the measure.
- There was no known opposing campaign against the measure.
- The Valencia County News Bulletin, in an editorial stated about the measure, "This anti-corruption provision has served the state well since 1912. There is no compelling reason to change it now. The News-Bulletin recommends a no vote."
Path to the ballot
The measure was first introduced to the New Mexico House of Representatives on January 20, 2010, where the chamber approved it with a vote of 54-12 on February 6, 2010. The measure was then sent to the New Mexico State Senate, who approved of the measure with a vote of 36-0 on February 18, 2010. Article XIX of the New Mexico Constitution states that it takes a majority vote of all members of both houses of the New Mexico State Legislature to refer a proposed amendment to the ballot. New Mexico is one of ten states that allows a referred amendment to go on the ballot after a majority vote in one session of the state's legislature.
- New Mexico Legislature, "HJR03"
- Bernalillo County, New Mexico November 2, 2010 Sample Ballot
- New Mexico Legislature, "HRJ03"
- New Mexico Legislature, "Fiscal Impact Report"
- News-Bulletin, "Vote for one of five amendments," October 23, 2010
- New Mexico Legislature, "CIVIL OFFICES FOR FORMER LEGISLATORS, CA"
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