New Mexico Establish Salary for State Legislators Amendment (2026)
| New Mexico Establish Salary for State Legislators Amendment | |
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| Election date |
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| Topic Salaries of government officials |
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| Status On the ballot |
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| Type Legislatively referred constitutional amendment |
Origin |
The New Mexico Establish Salary for State Legislators Amendment is on the ballot in New Mexico as a legislatively referred constitutional amendment on November 3, 2026.[1]
A "yes" vote supports establishing a salary for state legislators equal to the annual median household income of the state. |
A "no" vote opposes establishing a salary for state legislators, thereby maintaining the existing system in which legislators receive no salary. |
Overview
What will this amendment do regarding salaries for members of the state legislature?
- See also: Text of measure
This amendment would establish a salary for members of the New Mexico State Legislature. The salary would be based on the state's median household income, and it would increase or decrease automatically based on the median household income in the state. Currently, this is estimated to be $67,800.[1]
Members of the New Mexico State Legislature currently do not receive a salary.
What are arguments for and against this amendment?
- See also: Support and opposition
State Sen. Angel Charley (D), who supports the measure, said, "Can working parents juggle child care, a mortgage and legislative service? Some of us do, but it’s not sustainable. When service requires personal wealth or extraordinary sacrifice, representation narrows. ... Democracy shrinks."[2]
State Sen. Larry Scott (R), who opposes the measure, said, "All we gotta do is show up and write the checks. Doesn’t take any expertise, doesn’t take any knowledge, doesn’t take any frugality, doesn’t take anything but cashing the check."[3]
How do state legislator salaries compare in other states?
- See also: Background
New Mexico is the only state in the U.S. where state legislators do not receive a salary, but receive a per diem. Salaries for other legislators vary in other states. In 2025, the average annual base salary for a state legislator was $47,904. The states with the highest salaries are New York, California, Pennsylvania, Illinois, and Alaska, with New York's legislator salary at $142,000 per year. The state with the lowest salary is New Mexico, at $100 a year.
All of the top five highest-paid legislatures are full-time. Depending on the state, some state legislators work part-time in the government and maintain jobs outside the legislature.
Text of measure
Full text
Constitutional changes
- See also: Article IV, New Mexico Constitution
The ballot measure would amend Section 10 of Article IV of the New Mexico Constitution. The following underlined text would be added and struck-through text would be deleted:[1]
Note: Hover over the text and scroll to see the full text.
Article 4, Section 10
A. Each member of the legislature shall is entitled to receive:
A. (1) per diem at the internal revenue service per diem rate for the city of Santa Fe for each day's attendance during each session of the legislature and the internal revenue service standard mileage rate for each mile traveled in going to and returning from the seat of government by the usual traveled route, once each session as defined by Article 4, Section 5 of this constitution;
B. (2) per diem expense and mileage at the same rates as provided in Subsection A Paragraph (1) of this section subsection for service at meetings required by legislative committees established by the legislature to meet in the interim between sessions; and
C. no other (3) compensation perquisite or allowance as provided by law for legislative service in an amount equal to the annual median household income for New Mexico as initially determined and adjusted thereafter by the rise or fall of the median household income for New Mexico.
B. The provisions of Paragraph (3) of Subsection A of this section are effective beginning with members seated and sworn in for the fifty-ninth legislature. [4]
Support
Supporters
Officials
- State Sen. Angel Charley (D)
- State Sen. Cindy Nava (D)
Arguments
Opposition
Opponents
Officials
- State Sen. Larry R. Scott (R)
Arguments
Campaign finance
- See also: Ballot measure campaign finance, 2026
Ballotpedia has not found any campaigns that have registered in support or opposition to this ballot measure.[5] If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
| 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
Salaries for New Mexico state legislators
As of 2026, New Mexico was the only U.S. state where legislators receive no salary. State legislators receive a per diem of $202 a day during sessions or interim meetings, intended to cover food and lodging expenses.
Salaries of state legislators by state
- See also: Comparison of state legislative salaries
In 2025, the average annual base salary for a state legislator was $47,904. New York had the highest legislator salary at $142,000 per year, while New Hampshire had the lowest, at $100 a year. State legislators may also receive a per diem or mileage reimbursement, depending on the state.
The following table details the salaries and per diem compensation for state legislators across the country in 2025.[6] Click here for methodology on how this data was collected.
| State | Salary | Per diem | Type[7] |
|---|---|---|---|
| Alabama | $62,212/year | No per diem is paid to legislators whose permanent residence is less than six hours away. The daily rate is $12.75 for 6–12 hour trips and $34 for non-overnight trips over 12 hours. Overnight per diem is $85 for one night or $100 per day for two or more nights. | Hybrid |
| Alaska | $84,000/year | Non-Juneau legislators receive a per diem of $307 per day; Juneau legislators receive none. | Full-time |
| Arizona | $24,000/year | For legislators residing within Maricopa County: $35/day. For legislators residing outside of Maricopa County: $269.33. | Hybrid |
| Arkansas | $45,244/year | No data available for 2025. | Hybrid |
| California | $132,703/year | $236/day | Full-time |
| Colorado | $47,561/year for legislators whose terms began in 2025. $43,977/year for legislators whose terms began in 2023. | For legislators residing within 50 miles of the Capitol: $45/day. For legislators living more than 50 miles from the Capitol: $238/day. | Hybrid |
| Connecticut | $43,600/year | No per diem is paid. | Hybrid |
| Delaware | $51,692/year | No per diem is paid. | Hybrid |
| Florida | $29,697/year | $175/day for a maximum of 60 days. | Hybrid |
| Georgia | $25,315.32/year | $247/day | Hybrid |
| Hawaii | $74,160/year | $225/day; only for legislators who do not reside on Oahu. | Full-time |
| Idaho | $25,000/year | For legislators residing within 50 miles of the Capitol: $86/day. For legislators residing more than 50 miles from the Capitol: $253/day. | Part-time |
| Illinois | $93,712/year | $178/day | Full-time |
| Indiana | $33,032.24/year | $213/day. | Hybrid |
| Iowa | $25,000/year | $201/day for legislators who live outside of Polk County. $150.75/day for legislators who live within Polk County. | Hybrid |
| Kansas | $43,000/year | $178/day | Part-time |
| Kentucky | $203.28/calendar day for legislators elected before December 31, 2024. $221.94/calendar day for legislators elected after January 1, 2025. | $195.80/day | Hybrid |
| Louisiana | $16,800/year; plus an additional $6,000/year as an unvouchered expense | $178/day. | Hybrid |
| Maine | $25,000 for the first regular session. $20,000 for the second regular session. | $70/day for lodging (or round-trip mileage up to $0.55/mile in lieu of housing, plus tolls). $50/day for meals. | Part-time |
| Maryland | $55,526/year | $125/day for lodging. $63/day for meals. | Hybrid |
| Massachusetts | $82,044.31/year | No per diem is paid. | Full-time |
| Michigan | $71,685/year | No per diem is paid. | Full-time |
| Minnesota | $51,750/year | $86/day | Hybrid |
| Mississippi | $23,500/year | House members receive no per diem during session, but are eligible for $40 per day outside of session. Senate per diem information was unavailable. | Part-time |
| Missouri | $41,770/year | $142.40/day | Hybrid |
| Montana | $128.86/legislative day | $206/day | Part-time |
| Nebraska | $12,000/year | For legislators residing within 50 miles of the Capitol: $68/day. For legislators residing more than 50 miles from the Capitol: $178/day. | Hybrid |
| Nevada | $130/legislative day | The exact amount members received for per diem was unavailable. | Hybrid |
| New Hampshire | $100/year | No per diem is paid. | Part-time |
| New Jersey | $49,000/year | No per diem is paid. | Hybrid |
| New Mexico | $0/year | $202/day | Part-time |
| New York | $142,000/year | $203/day | Full-time |
| North Carolina | $13,951/year | $104/day | Hybrid |
| North Dakota | $592/month | $213/day | Part-time |
| Ohio | $72,343/year | No per diem is paid during session. | Full-time |
| Oklahoma | $47,500/year | $196/day for legislators who live more than 50 miles from the Capitol. | Hybrid |
| Oregon | $43,440/year | $178/day | Hybrid |
| Pennsylvania | $110,015.54/year | $198/day | Full-time |
| Rhode Island | $19,817/year | No per diem is paid. | Part-time |
| South Carolina | $10,400/year | $240.07/day | Hybrid |
| South Dakota | $16,348/year | $178/day for legislators who reside more than 50 miles away from the Capitol. | Part-time |
| Tennessee | $33,060/year | $379.44/day. Legislators living within 50 miles of the Capitol receive a reduced amount of $86 per day. | Hybrid |
| Texas | $7,200/year | $221/day | Hybrid |
| Utah | $301/legislative day | Per diem is reimbursed to state legislators when they submit receipts or turn in expense reports. | Part-time |
| Vermont | $897.29/week during session | Members can receive $74/day for meals and $167/night for lodging | Part-time |
| Virginia | $18,000/year for senators. $17,640/year for delegates. | $237/day | Hybrid |
| Washington | $60,191/year for senators. $61,997/year for representatives. | $206/day | Hybrid |
| West Virginia | $23,000/year | $75/day for members who commute daily. $175/day for members who do not commute daily. | Part-time |
| Wisconsin | $60,924/year | $140/day for senators. Dane County senators are allowed half that amount. $171/day for representatives (with overnight) or $85.50/day (no overnight). Dane County representatives receive only $85.50/day. | Full-time |
| Wyoming | $150/day | Members can receive $68/day for meals and $110/night for lodging | Part-time |
Path to the ballot
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 5
The following is a timeline of the amendment:[8]
- January 20, 2026: The measure, House Joint Resolution 5, was introduced by Rep. Cristina Parajon (D) in the House.
- February 13, 2026: The House approved the measure in a vote of 41-26, with three members not voting. Forty-one (41) Democrats voted yes, two Republicans voted yes, and 24 Republicans voted no, with one Democrat and one Republican not voting.
- February 17, 2026: The Senate approved the amendment in a 23-19 vote. Twenty-two (22) Democrats and one Republican voted yes; four Democrats and 15 Republicans voted no.
Learn more about the ballot measures PDI →
| Votes Required to Pass: 36 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 41 | 26 | 3 |
| Total % | 58.6 | 37.1 | 4.3 |
| Democratic (D) | 21 | 2 | 1 |
| Republican (R) | 0 | 24 | 2 |
| Votes Required to Pass: 22 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 23 | 19 | 0 |
| Total % | 54.8 | 45.2 | 0.0 |
| Democratic (D) | 22 | 4 | 0 |
| Republican (R) | 1 | 15 | 0 |
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.
External links
See also
View other measures certified for the 2026 ballot across the U.S. and in New Mexico.
Explore New Mexico's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
Footnotes
- ↑ 1.0 1.1 1.2 [https://www.nmlegis.gov/Sessions/26%20Regular/Amendments_In_Context/HJR05.pdf New Mexico Legislature, "HJR 7 Text," accessed February 10, 2026]
- ↑ [https://www.nbcnews.com/politics/politics-news/new-mexico-only-unsalaried-legislature-nation-asks-voters-reconsider-rcna259669 NBC, " Nation's only unsalaried legislature asks New Mexico voters to reconsider its volunteer status," February 18, 2026]
- ↑ Source NM, "NM Legislature approves resolution for lawmaker pay, sending question to voters on November ballot," February 18, 2026
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ New Mexico Secretary of State, "Candidates & Campaigns," accessed March 7, 2026
- ↑ National Conference of State Legislatures, "2025 Legislator Compensation," December 2, 2025
- ↑ Full-time legislatures devote at least 84 percent of a full-time job to legislative duties. Hybrid legislatures devote 74 percent of a full-time job. Part-time legislatures devote 57 percent of a full-time job.
- ↑ New Mexico Legislature, "HJR 5," accessed February 10, 2026
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 12.1," accessed June 24, 2025
- ↑ New Mexico Secretary of State, "Voter Bill of Rights," accessed June 24, 2025
- ↑ 11.0 11.1 New Mexico Secretary of State, “Voter Registration Information,” accessed June 24, 2025
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.2", accessed June 24, 2025
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.8", accessed June 24, 2025
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.7", accessed June 24, 2025
- ↑ New Mexico Secretary of State, "Voter Registration Eligibility Requirements and FAQs," accessed June 24, 2025
- ↑ The State of New Mexico, "Voter Registration Form," accessed June 24, 2025
- ↑ 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."
- ↑ Congress, "H.R.3295 - Help America Vote Act of 2002," accessed September 30, 2025
- ↑ New Mexico Secretary of State, "Voting," accessed October 8, 2025
