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New Mexico Eliminate Governor’s Pocket Veto and Require Veto Explanations Amendment (2026)

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New Mexico Eliminate Governor’s Pocket Veto and Require Veto Explanations Amendment

Flag of New Mexico.png

Election date

November 3, 2026

Topic
State executive powers and duties
Status

On the ballot

Type
Legislatively referred constitutional amendment
Origin

State legislature



The New Mexico Eliminate Governor’s Pocket Veto and Require Veto Explanations Amendment is on the ballot in New Mexico as a legislatively referred constitutional amendment on November 3, 2026.[1]

A "yes" vote supports this constitutional amendment to:

  • require bills to become law if the governor does not sign or veto them within the required timeframe, eliminating the governor's pocket veto, and
  • require the governor to provide a substantive explanation for vetoes.

A "no" vote opposes this constitutional amendment, keeping the current system where the governor can let bills expire without taking action, known as a pocket veto, and decide whether to provide explanations for vetoes.


Overview

How would this amendment change the legislative process in New Mexico?

See also: Text of measure

The amendment would provide that bills automatically become law if the governor does not sign or veto them within three days during the legislative session or within 20 days for bills presented during the last three days of the legislative session.[2]

Currently, the governor has the power to pocket veto legislation, which means that the governor effectively vetoes any bill not signed within the required timeframe. The governor has three days upon receiving the approved bill to sign or veto it during the legislative session. The governor has 20 days to act on bills presented during the last three days of the session. If the governor vetoes a bill, the state legislature can override the veto with a two-thirds supermajority vote during the special or next legislative session.[2]

The constitutional amendment would also require the governor to provide a substantive explanation for a vetoed bill, in whole or in part, to the state legislature, regardless of whether it is in session. Currently, the governor is only required to explain while the legislature is in session.[2]

The amendment would also change all references to the governor to gender-neutral language.[2]

How many bills get pocket vetoed in New Mexico every session?

See also: Bills vetoed in New Mexico, 2014-2024

Between 2014 and 2024, 160 bills were vetoed, of which 143 were pocket vetoed, according to the New Mexico Legislative Council Service. The year with the most was 2017, when 56 bills were pocket vetoed. At the time, the state legislature was controlled by Democrats, and the office of governor was Republican. Currently, New Mexico is a Democratic trifecta and triplex, where the Democratic Party controls the offices of the governor, secretary of state, attorney general, and both chambers of the state legislature. There were only two pocket vetoes in 2024.

Who supports and opposes the amendment?

See also: Support and Opposition

The amendment was unanimously supported by all voting members of both parties. State Sen. Joseph Cervantes (D-31): “[The amendment] empowers us and gives us the opportunity to do a better job of trying to overcome that veto in a later session, and ultimately, that should be part of good government.”[3]

Kyle Duffy, deputy general counsel for Gov. Michelle Lujan Grisham (D), submitted the following testimony during the legislative process: "This is ill-advised, as there may be a number of reasons for a governor to choose to pocket veto a bill rather than formally veto it. For example, the pocket veto allows the Governor to disapprove of legislation based on unforeseen issues without being compelled to publicly disclose sensitive information in a veto message. The pocket veto also serves the vital purpose of ensuring that the Governor has a suitable opportunity to consider the bills presented to him or her in the final days of a session—many of which are lengthy and complex."[4]

Text of measure

Ballot title

The ballot title is as follows:[2]

Proposing an amendment to Article 4, Section 22 of the Constitution of New Mexico to require the governor to provide veto messages on all bills vetoed in whole or in part and to provide that all bills passed by the legislature and not acted on by the governor will become law.[5]

Constitutional changes

See also: Article IV, New Mexico Constitution

The measure would amend section 22 of Article IV of the state constitution. The following underlined text would be added, and struck-through text would be deleted:[2]

A. Every bill passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If he the governor approves, he the governor shall sign it and deposit it with the secretary of state; otherwise, he if the governor disapproves, the governor shall veto it and return it to the house in which it originated with his objections, which shall to be entered at large upon the journal; and such bill shall not become a law unless thereafter approved by two-thirds of the members present and voting in each house by yea and nay vote entered upon its journal. Any bill not returned by the governor within three days, Sundays excepted, after being presented to him the governor, shall become a law, whether signed by him the governor or not, unless the legislature by adjournment prevent such return.

B. Every bill presented to the governor during the last three days of the session shall be approved or vetoed by him the governor within twenty days after the adjournment and shall be by him the governor immediately deposited with the secretary of state. Unless so approved and signed vetoed by him the governor, such a bill passed by the legislature shall not become a law.

C. The governor may in like manner approve or disapprove any part or parts, item or items, of any bill appropriating money, and such parts or items approved shall become a law, and such as are disapproved shall be void unless passed over his the governor's veto as herein provided.

D. Any veto of a bill in whole or in part by the governor shall include a substantive explanation for the veto. The explanation for the veto shall be returned with the bill to the house in which the bill originated or deposited with the bill with the secretary of state, as herein provided.[5]

Full text

The full text of the amendment can be read here.

Support

Ballotpedia has not located a campaign in support of the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.

Supporters

Officials

Organizations

  • Common Cause New Mexico

Arguments

  • Molly Swank, executive director of Common Cause New Mexico: "Transparency from our government is essential to maintaining trust and accountability."
  • State Rep. Matthew McQueen (D-50): Voicing his support for requiring the governor to submit veto messages, McQueen said, "There was a bill we worked on for the land grant committee, and it got vetoed three different times by two different governors. We literally didn't know why, and we kept passing the same bill because we weren't getting guidance on what the objection was to the bill."
  • Sen. Joseph Cervantes (D-31): “[The amendment] empowers us and gives us the opportunity to do a better job of trying to overcome that veto in a later session, and ultimately, that should be part of good government.”


Opposition

Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.

Arguments

  • Kyle Duffy, deputy general counsel for Gov. Michelle Lujan Grisham (D): "This is ill-advised, as there may be a number of reasons for a governor to choose to pocket veto a bill rather than formally veto it. For example, the pocket veto allows the Governor to disapprove of legislation based on unforeseen issues without being compelled to publicly disclose sensitive information in a veto message. The pocket veto also serves the vital purpose of ensuring that the Governor has a suitable opportunity to consider the bills presented to him or her in the final days of a session—many of which are lengthy and complex."


Campaign finance

See also: Campaign finance requirements for New Mexico ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through September 7, 2025. The deadline for the next scheduled reports is October 14, 2025.


Ballotpedia has not identified any committees registered in support of or opposition to the amendment.[6]

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

Bills vetoed in New Mexico, 2014-2024

The New Mexico Legislative Council Service reported that 160 bills were vetoed between 2014 and 2024. The year with the most vetoes (pocket, whole, or in part) was 2017, with 137 bills, 56 of which were pocket vetoed. The year with the lowest number of vetoes was 2024, with nine, including two pocket vetoes. Between 2014 and 2018, New Mexico had a divided government where the state legislature was divided or controlled by Democrats, and the governor was Republican. In 2019, New Mexico became a Democratic trifecta where Democrats controlled both chambers of the state legislature and the office of governor.[7]

States that authorize pocket vetoes

As of 2025, 13 states allow pocket vetoes, in which the governor's inaction on a bill within a specific timeline effectively vetoes it.[8]

Path to the ballot

Amending the New Mexico Constitution

See also: Amending the New Mexico Constitution

A simple majority vote is required during one legislative session for the New Mexico State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the New Mexico House of Representatives and 22 votes in the New Mexico State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

House Joint Resolution 2 (2025)

The following is the timeline of the constitutional amendment in the state legislature:

  • January 22, 2025: House Joint Resolution 2 (HJR 2) was introduced.[1]
  • January 29, 2025: The House Committee on Government, Elections, and Indian Affairs reported a "Do Pass" recommendation on HJR 2.[1]
  • February 15, 2025: The House Judiciary Committee reported a "Do Pass" recommendation with amendments on HJR 2.[1]
  • February 27, 2025: The New Mexico House of Representatives passed HJR 2 by a vote of 66-0 with four absent or excused.[1]
  • March 3, 2025: The Senate Rules Committee reported a "Do Pass" recommendation.[1]
  • March 13, 2025: The Senate Judiciary Committee reported a "Do Pass" recommendation. The New Mexico State Senate passed HJR 2 by a vote of 38-0 with four excused.[1]

Vote in the New Mexico House of Representatives
February 27, 2025
Requirement: Simple majority of all members in each chamber
Number of yes votes required: 36  Approveda
YesNoNot voting
Total6604
Total percent94.3%0.0%5.7%
Democrat4004
Republican2600

Vote in the New Mexico State Senate
March 13, 2025
Requirement: Simple majority of all members in each chamber
Number of yes votes required: 22  Approveda
YesNoNot voting
Total3804
Total percent90.5%0.0%9.5%
Democrat2204
Republican1600

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


See also

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

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 New Mexico State Legislature, "House Joint Resolution 2 (2025)," accessed March 3, 2025
  2. 2.0 2.1 2.2 2.3 2.4 2.5 Cite error: Invalid <ref> tag; no text was provided for refs named Text
  3. RD News, "Proposed constitutional amendment to ban pocket vetoes heads to voters," accessed April 3, 2025
  4. New Mexico State Legislature, "Analysis," accessed April 3, 2025
  5. 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  6. New Mexico Campaign Finance System, "Search," accessed April 7, 2025
  7. New Mexico State Legislature, "Fiscal Impact Report," accessed March 31, 2025
  8. StateScape, "Bill signing deadlines," accessed March 31, 2025
  9. New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 12.1," accessed June 24, 2025
  10. New Mexico Secretary of State, "Voter Bill of Rights," accessed June 24, 2025
  11. 11.0 11.1 New Mexico Secretary of State, “Voter Registration Information,” accessed June 24, 2025
  12. New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.2", accessed June 24, 2025
  13. New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.8", accessed June 24, 2025
  14. New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.7", accessed June 24, 2025
  15. New Mexico Secretary of State, "Voter Registration Eligibility Requirements and FAQs," accessed June 24, 2025
  16. The State of New Mexico, "Voter Registration Form," accessed June 24, 2025
  17. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  18. New Mexico Secretary of State, "Voting," accessed June 24, 2025