New Mexico Constitutional Amendment 2, Authorizing Funds for Residential Services Infrastructure Amendment (2022)

New Mexico Constitutional Amendment 2
Election date November 8, 2022
Topic State and local government budgets, spending and finance
Status a Approved
Type Constitutional amendment	Origin State legislature

New Mexico Constitutional Amendment 2, the Authorizing Funds for Residential Services Infrastructure Amendment, was on the ballot in New Mexico as a legislatively referred constitutional amendment on November 8, 2022.The ballot measure was approved.

A "yes" vote supported authorizing the legislature to appropriate state funds for infrastructure that provides services primarily for residential use—such as internet, electric, natural gas, water, and wastewater—through a majority vote in each chamber.

A "no" vote opposed this amendment authorizing the legislature to appropriate state funds for infrastructure that provides residential services through a majority vote in each chamber, thereby leaving no exception for residential service infrastructure in the state constitution's prohibition against lending or pledging credit or donating to any person, association, or public or private corporation.

Election results

New Mexico Constitutional Amendment 2
Result		Votes	Percentage
Yes		425,609	65.13%
No		227,846	34.87%

Results are officially certified.

Source

Overview

What did Amendment 2 do?

See also: Text of measure

Constitutional Amendment 2 amended Article IX of the state constitution to add an exception to the state's anti-donation clause to authorize the state legislature to appropriate state funds through a majority vote in each chamber for infrastructure that provides essential services. The amendment defined essential services as "infrastructure that allows internet, energy, water, wastewater or other services provided by law." The amendment stated that implementing legislation that appropriates funds for essential services must contain "safeguards to protect public money."

At the time of the election, there is no exception for essential service infrastructure in Article IX's prohibition against lending, pledging credit, or donating to any person, association, or public or private corporation. Section 14 of Article IX lists exceptions in clauses A through G. This amendment added an additional exception.

The New Mexico State Legislature adjourned on February 17, 2022, without adopting any implementing legislation for the amendment.

Text of measure

Ballot question

The ballot title was as follows:

“

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.

”

Constitutional changes

See also: Article IX, New Mexico Constitution

Constitutional Amendment 2 added a new subsection H to Section 14 of Article IX of the state constitution. The following underlined text was added , and struck-through text was deleted :

Note: Hover over the text and scroll to see the full text.

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 credit or make any donation to or in aid of any person, association or public or private corporation or in aid of any private enterprise for the construction of any railroad except as provided in Subsections A through G H of this section.

A. Nothing in this section prohibits the state or any county or municipality from making provision for the care and maintenance of sick and indigent persons.

B. Nothing in this section prohibits the state from establishing a veterans' scholarship program for Vietnam conflict veterans who are post-secondary students at educational institutions under the exclusive control of the state by exempting such veterans from the payment of tuition. For the purposes of this subsection, a "Vietnam conflict veteran" is any person who has been honorably discharged from the armed forces of the United States, who was a resident of New Mexico at the original time of entry into the armed forces from New Mexico or who has lived in New Mexico for ten years or more and who has been awarded a Vietnam campaign medal for service in the armed forces of this country in Vietnam during the period from August 5, 1964 to the official termination date of the Vietnam conflict as designated by executive order of the president of the United States.

C. The state may establish by law a program of loans to students of the healing arts, as defined by law, for residents of the state who, in return for the payment of educational expenses, contract with the state to practice their profession for a period of years after graduation within areas of the state designated by law.

D. Nothing in this section prohibits the state or a county or municipality from creating new job opportunities by providing land, buildings or infrastructure for facilities to support new or expanding businesses if this assistance is granted pursuant to general implementing legislation that is approved by a majority vote of those elected to each house of the legislature. The implementing legislation shall include adequate safeguards to protect public money or other resources used for the purposes authorized in this subsection. The implementing legislation shall further provide that:

(1) each specific county or municipal project providing assistance pursuant to this subsection need not be approved by the legislature but shall be approved by the county or municipality pursuant to procedures provided in the implementing legislation; and

(2) each specific state project providing assistance pursuant to this subsection shall be approved by law.

E. Nothing in this section prohibits the state, or the instrumentality of the state designated by the legislature as the state's housing authority, or a county or a municipality from:

(1) donating or otherwise providing or paying a portion of the costs of land for the construction on it of affordable housing;

(2) donating or otherwise providing or paying a portion of the costs of construction or renovation of affordable housing or the costs of conversion or renovation of buildings into affordable housing; or

(3) providing or paying the costs of financing or infrastructure necessary to support affordable housing projects.

F. The provisions of Subsection E of this section are not self-executing. Before the described assistance may be provided, enabling legislation shall be enacted by a majority vote of the members elected to each house of the legislature. This enabling legislation shall:

(1) define "affordable housing";

(2) establish eligibility criteria for the recipients of land, buildings and infrastructure;

(3) contain provisions to ensure the successful completion of affordable housing projects supported by assistance authorized pursuant to Subsection E of this section;

(4) require a county or municipality providing assistance pursuant to Subsection E of this section to give prior formal approval by ordinance for a specific affordable housing assistance grant and include in the ordinance the conditions of the grant;

(5) require prior approval by law of an affordable housing assistance grant by the state; and

(6) require the governing body of the instrumentality of the state, designated by the legislature as the state's housing authority, to give prior approval, by resolution, for affordable housing grants that are to be given by the instrumentality.

G. Nothing in this section prohibits the state from establishing a veterans' scholarship program, for military war veterans who are post-secondary students at educational institutions under the exclusive control of the state and who have exhausted all educational benefits offered by the United States department of defense or the United States department of veterans affairs, by exempting such veterans from the payment of tuition. For the purposes of this subsection, a "military war veteran" is any person who has been honorably discharged from the armed forces of the United States, who was a resident of New Mexico at the original time of entry into the armed forces or who has lived in New Mexico for ten years or more and who has been awarded a southwest Asia service medal, global war on terror service medal, Iraq campaign medal, Afghanistan campaign medal or any other medal issued for service in the armed forces of this country in support of any United States military campaign or armed conflict as defined by congress or by presidential executive order or any other campaign medal issued for service after August 1, 1990 in the armed forces of the United States during periods of armed conflict as defined by congress or by executive order.

H. Nothing in this section prohibits the state from expending state funds or resources for the purpose of providing essential services primarily for residential purposes if the assistance is granted pursuant to general implementing legislation approved by a majority vote of those elected to each house of the legislature. The implementing legislation shall provide for accessibility to essential services primarily for residential purposes and include safeguards to protect public money and other public resources used for the purposes authorized in this subsection. As used in this subsection, "essential services" means infrastructure that allows internet, energy, water, wastewater or other similar services as provided by law.

Full text

The full text of the amendment is available here.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 31, and the FRE is -25. The word count for the ballot title is 56.

Support

If you know of endorsements or arguments that should be included here, email editor@ballotpedia.org.

Supporters

Officials

• State Rep. Anthony Allison (D)
• State Rep. Christine Chandler (D)
• State Rep. Tara Lujan (D)
• State Rep. Linda Serrato (D)
• State Rep. Candie Sweetser (D)

Arguments

• State Rep. Anthony Allison (D): "In too many communities across our state families lack broadband service which prevents children from learning, or lack of water which creates health issues for families. This amendment would support the most vulnerable communities in our state that need access to essential services."

Opposition

If you know of endorsements or arguments that should be included here, email editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for New Mexico ballot measures

Ballotpedia has not identified committees registered to support or oppose Amendment 3.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the initiative.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

• Albuquerque Journal Editorial Board: "It’s past time to build high-speed internet infrastructure throughout the state for all New Mexicans to use. This amendment would add high-speed internet, energy, water and wastewater to the list of critical infrastructure projects the state can fund. None of these services is a luxury. They are necessities for all hardworking New Mexicans. ... We encourage voters across New Mexico to vote 'Yes' on Constitutional Amendment 2 on the back of your ballot."

Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Background

Anti-donation clause and exceptions

Section 14 of Article IX of the state constitution is known as the anti-donation clause. It says that the state, any county, any school district, or any city shall not "directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association or public or private corporation or in aid of any private enterprise for the construction of any railroad except as provided in Subsections A through G." Subsections A through G provide specific exceptions, and this amendment was designed to add a subsection H providing an exception for funding essential services primarily for residential use if approved by a majority vote in each chamber of the legislature.

The other exceptions to the anti-donation clause given in Article IX, Section 14, are for:

• care and maintenance of sick and indigent persons;
• veterans' scholarship programs for specific Vietnam conflict veterans and other military war veterans attending post-secondary, state-controlled schools;
• loans to students in medical fields that contract to practice within specific areas of the state after graduation;
• creation of "new job opportunities by providing land, buildings or infrastructure for facilities to support new or expanding businesses"; and
• land acquisition, construction or renovation, and infrastructure for affordable housing, as defined by implementing legislation.

Amendments to Article IX, Section 14

Article IX, Section 14, of the New Mexico Constitution has been amended six times. Most recently, Amendment 1 was approved in 2010 by a vote of 77.4% to 22.6% and added an exception to the anti-donation clause for a scholarship program for New Mexico military war veterans.

Path to the ballot

See also: Amending the New Mexico Constitution

In New Mexico, both chambers of the New Mexico State Legislature need to approve a constitutional amendment by a simple majority during one legislative session to refer the amendment to the ballot for voter consideration.

Constitutional Amendment 2 was introduced as House Joint Resolution 1 (HJR 1) on January 19, 2022. On February 10, 2022, the state House passed HJR 1 in a vote of 43-23 with four absent or excused. On February 16, 2022, the state Senate passed HJR 1 in a vote of 25-14, with three absent or excused. Both votes were along party lines with Democrats in favor and Republicans opposed.

Vote in the New Mexico House of Representatives February 10, 2022
Requirement: Simple majority of all members in each chamber
Number of yes votes required: 33  a
	Yes	No	Not voting
Total	43	23	4
Total percent	65.15%	34.85%	6.06%
Democrat	43	0	2
Republican	0	23	1
Independent	0	0	1

Vote in the New Mexico State Senate February 16, 2022
Requirement: Simple majority of all members in each chamber
	Yes	No	Not voting
Total	25	14	3
Total percent	59.52%	33.33%	7.14%
Democrat	25	0	1
Republican	0	14	1
Independent	0	0	1

How to cast a vote

See also: Voting in New Mexico

See below to learn more about current voter registration rules, identification requirements, and poll times in New Mexico.

How to vote in New Mexico

Poll times

In New Mexico, all polls are open from 7:00 a.m. to 7:00 p.m. Mountain Time on Election Day. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in New Mexico, each applicant must be a citizen of the United States, a resident of New Mexico, and at least 18 years old by the time of the next election. People convicted of a felony are eligible to vote after their prison time is completed, even if they are still on probation, parole, or another form of supervised release. Individuals who have been declared mentally incapacitated may not register to vote.

Potential New Mexico voters who were not registered automatically may use the New Mexico voter registration form, the national voter registration form, or the state's online voter registration portal to register. Completed registration materials may be mailed or delivered by hand to election officials. To register online, an applicant must have a state-issued ID. First-time applicants registering by mail must attach a valid form of identification to their registration materials, which includes a current and valid photo identification, or, a current utility bill, bank statement, government check, paycheck, student identification card or other government document, including tribal IDs that show the voter's name and current address.

Automatic registration

See also: Automatic voter registration

New Mexico has automatic voter registration. Eligible voters are automatically registered to vote when they interact with a department of motor vehicles unless they opt out.

Online registration

See also: Online voter registration

New Mexico has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

New Mexico allows same-day voter registration.

Residency requirements

In New Mexico, individuals can register to vote as soon as they become residents of the state.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

New Mexico does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The New Mexico Secretary of State’s Office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

New Mexico does not require voters to present identification while voting, in most cases. However, if an individual registered to vote for the first time by mail and did not provide verification of his or her identity then, the voter will have to show identification.

Those voters can present the following forms of identification:

• Current and valid photo identification
• Current utility bill, bank statement, government check, paycheck, student identification card, or other government document, including identification issued by an Indian nation, tribe, or pueblo that shows the voter’s name and current address

Some municipalities require identification when voting in local elections. Click here for more information.

See also

2022 measures

• 2022 ballot measures
• Budgets on the ballot

New Mexico

• New Mexico ballot measures
• New Mexico ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Full Text