New Mexico Constitutional Amendment 3, Appointed Judge Elections Amendment (2022)

New Mexico Constitutional Amendment 3
Election date November 8, 2022
Topic State judiciary
Status a Approved
Type Constitutional amendment	Origin State legislature

New Mexico Constitutional Amendment 3, the Appointed Judge Elections 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 this constitutional amendment to provide that an appointed judge shall be up for election at the first general election one year after being appointed.

A “no” vote opposed this constitutional amendment, thus maintaining that an appointed judge be up for election at the next general election.

Election results

New Mexico Constitutional Amendment 3
Result		Votes	Percentage
Yes		440,945	68.79%
No		200,018	31.21%

Results are officially certified.

Source

Overview

What did Amendment 3 change about judicial elections?

See also: Text of measure

Constitutional Amendment 3 amended Section 35 of Article VI of the New Mexico Constitution, which addresses the appellate judges nominating commission. The ballot measure affected state supreme court justices, district court judges, and metropolitan court judges.

Constitutional Amendment 3 provided that an appointed judge shall be up for election at the first general election one year after being appointed. At the election, the winning candidate would serve the remainder of the term in effect.

At the time of the election, an appointed judge was up for election at the next general election following appointment.

Text of measure

Ballot question

The ballot question was as follows:

“

Proposing to amend Article 6, Section 35 of the constitution of New Mexico to provide that an appointed judge serve at least one year before a general election is held for the office to which the judge was appointed.

”

Constitutional changes

See also: Article VI, New Mexico Constitution

Constitutional Amendment 3 amended section 35 of Article VI 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.

Text of Section 35: Appellate 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; two judges of the court of appeals appointed by the chief judge of the court of appeals; the governor, the speaker of the house of representatives and the president pro tempore of the senate shall each appoint two persons, one of whom shall be an attorney licensed to practice law in this state and the other who shall be a citizen who is not licensed to practice law in any state; the dean of the university of New Mexico school of law, who shall serve as chairman chair of the commission and shall vote only in the event of a tie vote; four members of the state bar of New Mexico, representing civil and criminal prosecution and defense, appointed by the president of the state bar and the judges on this committee the commission. The appointments shall be made in such manner that each of the two largest major political parties, as defined by the Election Code, shall be equally represented on the commission. If necessary, the president of the state bar and the judges on this committee the commission shall make the minimum number of additional appointments of members of the state bar as is necessary to make each of the two largest major political parties be equally represented on the commission. These additional members of the state bar shall be appointed such that the diverse interests of the state bar are represented. The dean of the university of New Mexico school of law shall be the final arbiter of whether such diverse interests are represented. Members of the commission shall be appointed for terms as may be provided by law. If a position on the commission becomes vacant for any reason, the successor shall be selected by the original appointing authority in the same manner as the original appointment was made and shall serve for the remainder of the term vacated.

The commission shall actively solicit, accept and evaluate applications from qualified lawyers for the position of justice of the supreme court or judge of the court of appeals and may require an applicant to submit any information it deems relevant to the consideration of his application.

Upon the occurrence of an actual vacancy in the office of justice of the supreme court or judge of the court of appeals, the commission shall meet within thirty days and within that period submit to the governor the names of persons qualified for the judicial office and recommended for appointment to that office by a majority of the commission.

Immediately after receiving the commission nominations, the governor may make one request of the commission for submission of additional names, and the commission shall promptly submit such additional names if a majority of the commission finds that additional persons would be qualified and recommends those persons for appointment to the judicial office. The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of justice of the supreme court or judge of the court of appeals within thirty days after receiving final nominations from the commission by appointing one of the persons nominated by the commission for appointment to that office. If the governor fails to make the appointment within that period or from those nominations, the appointment shall be made from those nominations by the chief justice or the acting chief justice of the supreme court. Any The person appointed shall serve until the next first general election. That person's following one year after appointment. The appointee's successor shall be chosen at such election and shall hold the office until the expiration of the original term in effect at the time of election.

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 18, and the FRE is 34. The word count for the ballot title is 37.

Support

Supporters

Officials

• State Sen. Joseph Cervantes (D)

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to 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

Background

Courts affected by proposed changes

New Mexico Supreme Court

Founded in 1912, the New Mexico Supreme Court is the state's court of last resort and has five judgeships. The five justices of the state supreme court are chosen through partisan elections. Justices serve eight-year terms. In the event of a midterm vacancy, the governor appoints a justice from a list of qualified candidates recommended by a judicial nominating commission. The appointed justice must run in the next general partisan election in order to serve the remainder of the unexpired term. Judges hold eight-year terms but may run in a nonpartisan retention election at the end of their term. In New Mexico, judges must receive 57% of affirmative votes to win retention.

New Mexico Court of Appeals

The New Mexico Court of Appeals is the intermediate appellate court in New Mexico. The court consists of 10 judges, sitting in panels of three. The court has jurisdiction in civil, non-capital criminal, and juvenile cases. It has discretionary jurisdiction in interlocutory decision cases and administrative agency appeals. The court takes all appeals from lower courts except those involving capital punishment or life imprisonment, those involving habeas corpus and appeals from the Public Regulation Commission.

Judges of the New Mexico Court of Appeals are appointed by the governor, who chooses from a list of candidates recommended by a judicial nominating commission. In the event of a midterm vacancy, the governor appoints a replacement from a list of qualified candidates recommended by the judicial nominating commission. The newly appointed judge must run in the next general partisan election to serve out the remainder of the unexpired term. Judges hold eight-year terms but may run in a nonpartisan retention election at the end of their term. If not retained, a judge's term ends on January 1st following the election. Appellate court judges are subject to the same 57% supermajority vote requirement for retention.

New Mexico District Courts

The New Mexico District Courts are the 13 judicial districts with 94 judges covering New Mexico's 33 counties. The district courts are courts of general jurisdiction in which jury trials are held. Judges are appointed by the governor from a list of candidates recommended by the district court judges nominating committee. The newly appointed judge must run in the next general partisan election to serve out the remainder of the unexpired term. District court judges are subject to nonpartisan retention elections every six years. The district judges are subject to the same 57% supermajority vote requirement for retention.

New Mexico Bernalillo Metropolitan Court

The Bernalillo Metropolitan Court is the only Metropolitan Court in New Mexico. It has jurisdiction over cases including landlord-tenant rights, traffic violations, and preliminary felony hearings. The court was established in 1980 to combine the jurisdiction of the Albuquerque Municipal Court, Bernalillo County Magistrate Court, and the Bernalillo County Small Claims Court. The court has 19 judges; 16 serve the criminal division and three are in the civil division. Judges are appointed by the governor from a list of candidates recommended by the metropolitan court judges nominating committee. The newly appointed judge must run in the next general partisan election to serve out the remainder of the unexpired term. Metropolitan court judges are subject to nonpartisan retention elections every four years. The metropolitan judges are subject to the same 57% supermajority vote requirement for retention.

New Mexico Constitutional Amendment No. 6 (1988)

See also: New Mexico Ballot Proposal: Judicial Reform (1988)

New Mexico Constitutional Amendment No. 6 was approved by voters on November 8, 1988, by a vote of 55.99% to 44.01%. The amendment added sections 33-38 and amended several other sections in Article VI that related to retention elections and appointed judges' nominating commissions.

Path to the ballot

See also: Amending the New Mexico Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the New Mexico State Senate and the New Mexico House of Representatives.

Constitutional Amendment 3 was introduced as Senate Joint Resolution 3 on January 18, 2022. On February 5, 2022, the state Senate passed SJR 3 in a vote of 33-1, with eight absent or excused. On February 15, the state House voted to pass the measure by a vote of 58-0 with 12 excused or absent.

Vote in the New Mexico State Senate February 5, 2022
Requirement: Simple majority of all members in each chamber
Number of yes votes required: 22  a
	Yes	No	Not voting
Total	33	1	8
Total percent	78.57%	2.38%	19.05%
Democrat	22	1	3
Republican	11	0	4
Independent	0	0	1

Vote in the New Mexico House of Representatives February 15, 2022
Requirement: Simple majority of all members in each chamber
Number of yes votes required: 36  a
	Yes	No	Not voting
Total	58	0	12
Total percent	82.86%	0.0%	17.14%
Democrat	35	0	10
Republican	23	0	1
Independent	0	0	1

How to cast a vote

See also: Voting in New Mexico

Click "Show" to learn more about voter registration, identification requirements, and poll times in New Mexico.

How to cast a 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 requirements 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. 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
• State judiciary 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