New Mexico State Legislature

New Mexico State Legislature
General information
Type:	State legislature
Term limits:	None
Session start:	January 19, 2021
Website:	Official Legislature Page
Leadership
Senate President:	Howie Morales (D)
House Speaker:	Brian Egolf, Jr. (D)
Majority Leader:	Senate: Peter Wirth (D) House: Javier I. Martínez (D)
Minority Leader:	Senate: Gregory A. Baca (R) House: James Townsend (R)
Structure
Members:	42 (Senate), 70 (House)
Length of term:	4 years (Senate), 2 years (House)
Authority:	Art IV, Section 3, New Mexico Constitution
Salary:	$0/year + per diem
Elections
Last election:	November 3, 2020
Next election:	November 8, 2022
Redistricting:	Legislature-dominant

The New Mexico Legislature is the legislative branch of New Mexico. It is a bicameral body made up of the New Mexico House of Representatives and the New Mexico State Senate.

The legislature consists of 70 representatives and 42 senators. Senators are elected to four-year terms and representatives are elected to two-year terms.

New Mexico has a Democratic state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers. As of October 10, 2021, there are 23 Republican trifectas, 15 Democratic trifectas, and 12 divided governments where neither party holds trifecta control.

In the 2020 election, Republicans had a net gain of two trifectas and two states under divided government became trifectas. Prior to that election, New Mexico had a Democratic trifecta. There were 21 Republican trifectas, 15 Democratic trifectas, and 14 divided governments.

See also: New Mexico House of Representatives, New Mexico State Senate, New Mexico Governor

Elections

2022

See also: New Mexico House of Representatives elections, 2022

Elections for the New Mexico House of Representatives will take place in 2022. The general election is on November 8, 2022.

2020

See also: New Mexico State Senate elections, 2020 and New Mexico House of Representatives elections, 2020

Elections for the office of New Mexico State Senate took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 2, 2020. The filing deadline was March 10, 2020.

Elections for the office of New Mexico House of Representatives took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 2, 2020. The filing deadline was March 10, 2020.

2018

See also: New Mexico House of Representatives elections, 2018

Elections for the New Mexico House of Representatives took place in 2018. The closed primary election took place on June 5, 2018, and the general election was held on November 6, 2018. The candidate filing deadline was March 13, 2018Filing deadline for major party candidates.

2016

See also: New Mexico State Senate elections, 2016 and New Mexico House of Representatives elections, 2016

Elections for the New Mexico State Senate took place in 2016. The primary election took place on June 7, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was March 8, 2016.

Elections for the New Mexico House of Representatives took place in 2016. The primary election took place on June 7, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was March 8, 2016.

2014

See also: New Mexico House of Representatives elections, 2014

Elections for the New Mexico House of Representatives took place in 2014. A primary election took place on June 3, 2014, and a general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was February 4, 2014.

2012

See also: New Mexico State Senate elections, 2012 and New Mexico House of Representatives elections, 2012

Elections for the office of New Mexico State Senate took place in 2012. The primary election was held on June 5, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was March 20, 2012.

Elections for the office of New Mexico House of Representatives took place in 2012. The primary election was held on June 5, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was March 20, 2012.

2010

See also: New Mexico House of Representatives elections, 2010

Elections for the office of New Mexico House of Representatives took place in 2010. The primary election was held on June 1, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was February 9, 2010.

Sessions

Article IV of the New Mexico Constitution establishes when the Legislature is to be in session. Section 5 of Article IV states that the Legislature is to convene its annual regular session on the third Tuesday of January. In odd-numbered years, the Legislature is to be in session for no longer than sixty days. In even-numbered years, the Legislature is to be in session for no longer than thirty days. In even-numbered years, the Legislature is limited to dealing with budgetary matters, bills that deal with issues raised by special messages of the Governor of New Mexico, and bills vetoed in the previous session by the Governor.

Section 6 of Article IV allows the Governor of New Mexico to call special sessions of the Legislature. Section 6 also allows the Legislature to meet in special session when three-fifths of each house petition the Governor with a request for a special session. Special sessions are not to exceed thirty days in length.

2021

See also: 2021 New Mexico legislative session and Dates of 2021 state legislative sessions

In 2021, the legislature was scheduled to convene on January 19, 2021, and adjourn on March 20, 2021.

2020

See also: 2020 New Mexico legislative session and Dates of 2020 state legislative sessions

In 2020, the legislature was scheduled to convene on January 21, 2020, and adjourn on February 20, 2020.

Effect of coronavirus pandemic

See also: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020

Coronavirus pandemic
Select a topic from the dropdown below to learn more. Political responses overviewState reopening plansDocumenting America's Path to RecoveryDaily updatesElection changesChanges to vote-by-mail and absentee voting proceduresFederal responsesState responsesState executive ordersStay-at-home ordersMultistate agreementsNon-governmental reopening plansEvictions and foreclosures policiesTravel restrictionsEnacted state legislationState legislative session changesSchool closuresState court closuresInmate releasesLocal government responsesDiagnosed or quarantined politiciansBallot measure changesArguments about government responsesThe 1918 influenza pandemicPandemic Response Accountability CommitteeUnemployment filingsLawsuitsBallotpedia's polling on the coronavirus pandemicSubmit

Several state legislatures had their sessions impacted as a result of the 2020 coronavirus pandemic.

2019

See also: 2019 New Mexico legislative session and Dates of 2019 state legislative sessions

In 2019, the legislature was in session from January 15, 2019, through March 16, 2019.

2018

See also: 2018 New Mexico legislative session and Dates of 2018 state legislative sessions

In 2018, the legislature was in session from January 16, 2018, through February 15, 2018. To read about notable events and legislation from this session, click here.

Click [show] for past years' session dates.

2017 See also: Dates of 2017 state legislative sessions In 2017, the legislature was in session from January 17, 2017, through March 18, 2017. A special session was held from May 24 to May 30 to address the budget dispute between Gov. Susana Martinez (R) and the legislature. Click [show] to read about the 2017 special legislative session. In March, the Democratic Party-controlled legislature sent a $6.1 billion budget to Martinez that included spending and tax increases. The next month, Martinez used line-item vetoes to reject the tax increases, defund the legislature, and cut $745 million in funding for state universities and community colleges. Leadership in the legislature responded by filing a lawsuit, arguing that Martinez had overstepped her constitutional authority with the line-item vetoes. Oral arguments for the case were originally scheduled to begin at the New Mexico Supreme Court on May 15, but the court elected to not proceed with the case. In a two-page order, the court stated that the case was “not ripe for review” and also noted that Martinez had called for a special legislative session. The special legislative session ended as the legislature and governor reached an agreement on legislation to restore funding to the legislature and education in the state. On the first day of the special session, both chambers attempted and failed to override Martinez’s vetoes. The House voted 39-29, seven short of the 46 votes needed. The Senate voted 26-15, two short of the 28 that were needed. Democrats have a 38-32 majority in the House and a 26-16 majority in the Senate. Both chambers passed a new spending plan that borrowed and reallocated funds from suspended infrastructure projects to cover funding for higher education and the legislative branch. The House approved the plan 46-20, while the Senate approved it 37-4. Martinez signed the legislation related to funding for education and the Legislature but vetoed additional proposals to increase taxes in the state. Democrats in the Legislature made no attempt to override the vetoes. New Mexico’s finalized 2017 spending plan amounted to $6.1 billion, which was roughly $133 million more than what the state was projected to receive in revenues, according to The Albuquerque Journal. The money to make up that gap was expected to come from revenues left over from 2016—about $167 million. 2016 See also: Dates of 2016 state legislative sessions In 2016, the legislature was in session from January 19 through February 18. 2015 See also: Dates of 2015 state legislative sessions In 2015, the legislature was in session from January 20 through March 21. A one-day special session took place on June 8. Major issues in 2015 Major issues during the 2015 legislative session included making New Mexico a right-to-work state, repeal of drivers licenses for the undocumented, and an increase in the minimum wage. 2014 See also: Dates of 2014 state legislative sessions In 2014, the legislature was in session from January 21 through February 20. Major issues in 2014 Major issues during the 2014 legislative session included the economy, the budget, infrastructure, and education. 2013 See also: Dates of 2013 state legislative sessions In 2013, the legislature was in session from January 15 to March 16. Major issues in 2013 Major issues in the 2013 legislative session included education, solvency of the state's public retirement system, tax cuts for state businesses, and tougher anti-DWI laws. 2012 See also: Dates of 2012 state legislative sessions In 2012, the legislature was in session from January 17 through February 16. Major issues in 2012 In their 30-day session the legislature considered drivers licenses for illegal immigrants, voter identification, business income tax, ethics reform, and defining homeowner rights in foreclosure proceedings. Gov. Susana Martinez (R) watched as the state legislature ended its session by rejecting a bill that would have repealed the law allowing drivers licenses to be issued to people without Social Security numbers. It was the third time she tried to undo the law. The bill was initially passed by the House but defeated in the Senate. The Senate instead passed a measure shortening how long the licenses are valid and imposing harsher penalties on those committing fraud. 2011 In 2011, the legislature was in session from January 18 through March 19. 2010 In 2010, the legislature was in session from January 19 to February 18. Additionally, the legislature convened a special session from March 1 to March 4.

Role in state budget

See also: New Mexico state budget and finances

New Mexico on

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New Mexico operates on an annual budget cycle, with each fiscal year beginning in July. The sequence of key events in the budget process is as follows:

1. Budget instructions are sent to state agencies by June 15.
2. State agencies submit their budget requests by September 1.
3. Agency hearings are held from September through December.
4. The governor submits his or her budget proposal to the New Mexico State Legislature on January 5 or January 10.
5. The legislature adopts a budget in February or March. A simple majority is required to pass a budget.

New Mexico is one of 44 states in which the governor has line item veto authority.

The governor is statutorily required to submit a balanced budget. While the legislature is not required to pass a balanced budget, the budget signed by the governor must be balanced.

Legislators

Salaries

See also: Comparison of state legislative salaries

State legislators
Salary	Per diem
$0/year	$165/day (January and February); $194/day (March). Tied to federal rate. Vouchered.

When sworn in

See also: When state legislators assume office after a general election

New Mexico legislative terms expire on December 31 every two or four years, however, incumbents remain in office until their successor is officially sworn in on the third Tuesday in January after the election.

Senate

The New Mexico Senate is the upper house of the New Mexico State Legislature. There are 42 members of the Senate. Each member represented an average of 49,028 residents, as of the 2010 Census. After the 2000 Census, each member represented 43,311. All 42 seats are up for election every four years.

Party		As of October 2021
	Democratic Party	27
	Republican Party	15
	Vacancies	0
Total		42

Click here for a list of members of this chamber.

Between 1992 and 2020, partisan control of the New Mexico State Senate was held by Democrats. The table below shows the partisan history of the New Mexico State Senate following every general election from 1992 to 2020. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

New Mexico State Senate Party Control: 1992-2020

Party	92	96	00	04	08	12	16	20
Democrats	27	25	24	23	27	25	26	27
Republicans	15	17	18	19	15	17	16	15

From 1989 to 2020, Democrats held consistent control of the chamber. Throughout the period, Democrats controlled between 24 and 28 seats, while Republicans controlled between 14 and 18 seats. Democrats won the 28 seats required for a two-thirds supermajority just once and Republicans never won enough seats to take control of the chamber. The last time that Republicans held an outright majority was in 1986.

Between 1992 and 2020, Democrats held their largest majority following the 1992, 2008, and 2020 elections. After those elections, Senate Democrats held the chamber by a 12-seat majority. The New Mexico Senate was resistant to the national trend toward Republican state legislatures during the presidency of Barack Obama (D). Senate Democrats never fell below 25 seats during Obama's presidency. From 2009 to 2017, Democrats experienced losses in state legislative elections, totaling 968 seats all together.

House of Representatives

The New Mexico House of Representatives is the lower house of the New Mexico State Legislature. There are 70 members of the House. Each member represented an average of 29,417 residents, as of the 2010 Census. After the 2000 Census, each member represented 25,986.

Party		As of October 2021
	Democratic Party	45
	Republican Party	24
	Independent	1
	Vacancies	0
Total		70

Click here for a list of members of this chamber.

Between 1992 and 2020, the New Mexico House of Representatives was controlled by Democrats with the exception of two years when the chamber was controlled by Republicans. The table below shows the partisan history of the New Mexico House of Representatives following every general election from 1992 to 2020. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

New Mexico House of Representatives Party Control: 1992-2020

Year	'92	'94	'96	'98	'00	'02	'04	'06	'08	'10	'12	'14	'16	'18	'20
Democrats	52	46	42	40	42	42	42	42	45	37	38	33	38	46	44
Republicans	18	24	28	30	28	28	28	28	25	33	32	37	32	24	25

From 1992 to 2020, Democrats held control of the New Mexico House of Representatives with the exception of two years. Democrats had their largest majority following the 1992 election when they held a 34-seat advantage. House Democrats maintained their majority in elections between 1992 and 2012 but their majority declined over that time. In the 2010 elections, Democrats saw their majority decrease from 45-25 to 37-33.

Republicans took control of the state House in the 2014 elections. Republicans picked up four seats in that election and won a 37-33 majority. Before Republicans took control of the chamber in 2014, the last time that they held a majority was in 1953. The Republican gains from 2010 to 2014 were in line with a national trend toward Republican state legislatures during the presidency of Barack Obama (D). From 2009 to 2017, Democrats experienced losses in state legislative elections, totaling 968 seats all together.

House Democrats rebounded in the 2016 and 2018 elections, picking up 13 seats and a 46-24 majority. After the 2020 elections, Democrats held a 44-25 majority with one independent in the chamber.

Veto overrides

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in New Mexico are listed below.

How many legislators are required to vote for an override? Two-thirds of members present in both chambers.

Two-thirds of members present in both chambers must vote to override a veto. If all members are in attendance, this is 47 of the 70 members in the New Mexico House of Representatives and 28 of the 42 members in the New Mexico State Senate. New Mexico is one of 36 states that requires a two-thirds vote from both of its legislative chambers to override a veto.

How can vetoes be overridden after the legislature has adjourned?

Vetoes can be overridden in a special session or when the next regular session convenes, even if an election has occurred. Two-thirds of members in both chambers must agree to call for a special session.

Authority: Article IV, Section 22 of the New Mexico Constitution.

"Every bill passed by the legislature shall, before it becomes a law, be presented to the governor for approval. If he approves, he shall sign it, and deposit it with the secretary of state; otherwise, he shall return it to the house in which it originated, with his objections, which shall 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."

History

Partisan balance 1992-2013

See also: Ballotpedia:Who Runs the States and Ballotpedia:Who Runs the States, New Mexico

Partisan breakdown of the New Mexico legislature from 1992-2013

New Mexico State Senate: During every year from 1992-2013, the Democratic Party was the majority in the New Mexico State Senate. The New Mexico State Senate is 1 of 16 state senates that was Democratic for more than 80 percent of the years between 1992-2013.

Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.

New Mexico State House of Representatives: During every year from 1992-2013, the Democratic Party was the majority in the New Mexico State House of Representatives. The New Mexico State House of Representatives is one of 18 state Houses that was Democratic for more than 80 percent of the years between 1992-2013.

Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.

Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.

The chart below shows the partisan composition of the Office of the Governor of New Mexico, the New Mexico State Senate and the New Mexico House of Representatives from 1992 to 2013.

SQLI and partisanship

To read the full report on the State Quality of Life Index (SQLI) in PDF form, click here.

The chart below depicts the partisanship of the New Mexico state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. New Mexico experienced two Democratic trifectas during the years of the study, from 1992-1994 and from 2003-2010. The state finished in the bottom-10 during every year of the study. Its worst ranking, finishing 50th, occurred from 1999-2000, during a divided government. Its best ranking, finishing 41st, occurred in 2008, during a Democratic trifecta.

Chart displaying the partisanship of the New Mexico government from 1992-2013 and the State Quality of Life Index (SQLI).

Redistricting

See also: Redistricting in New Mexico

In New Mexico, congressional and state legislative district boundaries are drawn by the state legislature. These lines are subject to veto by the governor.

State statutes require that state legislative districts be contiguous and compact. Redistricting guidelines adopted in 2011 suggest that congressional and state legislative districts meet the following criteria:

1. All districts should be "reasonably compact."
2. Districts should "not split voting precincts."
3. Districts should "attempt to preserve communities of interest and take into consideration political and geographic boundaries."

These guidelines are nonbinding and may be altered by the legislature at its discretion.

On April 6, 2021, Governor Michelle Lujan Grisham (D) signed SB304 into law, forming a seven-member advisory redistricting commission. The legislation bars public officials, candidates, political party officeholders, federal legislative or state employees, and the relatives of federal or state officeholders from serving on the commission. The commission's proposals do not bind the state legislature, which retains the authority to adopt, amend, or discard the proposals as it sees fit.

2020

See also: Redistricting in New Mexico after the 2020 census

Upon completion of the 2020 census, New Mexico will draft and enact new district maps. Under SB304, the deadline for the advisory commission to submit its proposals to the state legislature was set for October 30, 2021, "or as soon thereafter as practicable." In a July 23 meeting, the committee said it would adopt maps on October 15, adopt evaluations on October 29, and transmit material to the legislature on October 31.

The Citizen Redistricting Committee announced a series of meetings for public input:

New Mexico Citizen Redistricting Committee meeting schedule, 2020 cycle
Date	Region
July 2, 2021	Virtual
July 23, 2021	Virtual
August 2, 2021	Santa Fe
August 5, 2021	Las Vegas
August 7, 2021	Albuquerque
August 9, 2021	Farmington
August 11, 2021	Roswell
August 12, 2021	Las Cruces
August 14, 2021	Albuquerque
August 15, 2021	Española

An additionally round of meetings to consider proposed maps and receive public input was announced. The committee said it would select district plans that would be published for public input on September 16, and adopt maps to be recommended to the legislature on October 15.

New Mexico Citizen Redistricting Committee meeting schedule, 2020 cycle
Date	Region
September 16, 2021	Virtual (Proposal of maps)
September 28, 2021	Bernalillo/Rio Rancho
September 29, 2021	Crownpoint
October 1, 2021	Albuquerque
October 2, 2021	Las Vegas
October 4, 2021	Las Cruces
October 5, 2021	Roswell
October 7, 2021	Albuquerque
October 8, 2021	Farmington
October 15, 2021	Virtual (Adoption of recommended maps)

2010

See also: Redistricting in New Mexico after the 2010 census

New Mexico received its local census data on March 15, 2011. The state grew 13.2 percent from 2000 to 2010. All of its most populous cities grew: Albuquerque grew by 21.7 percent, Las Cruces grew by 31.4 percent, Rio Rancho grew by 69.1 percent, Santa Fe grew by 9.2 percent, and Roswell grew by 6.8 percent.

At the time of redistricting, Democrats controlled the Legislature while Gov. Susana Martinez was a Republican. The interim committee reviewed eight House maps and nine Senate maps before the special redistricting session of the Legislature began on September 6, 2011. On September 21, the Senate passed a map on party lines, with the House following the next day. Gov. Martinez vetoed the maps on October 7, leaving a court to resolve the process

Constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the New Mexico Constitution can be amended:

See also: Article XIX of the New Mexico Constitution and Laws governing ballot measures in New Mexico

New Mexico Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII • XIX • XX • XXI • XXII • XXIII • XXIV

The New Mexico Constitution can be amended through a legislatively referred constitutional amendment or through a constitutional convention.

• Legislatively referred constitutional amendments:

• They can be proposed in either house of the state legislature.
• If a majority "of all members elected to each of the two houses voting separately votes in favor" of a proposed amendment, it is put on a statewide election ballot.
• As authorized by Amendment 4 in 1996, an independent constitutional revision commission can submit proposed amendments to the state legislature.
• Notification that a proposed amendment will be on the ballot must be published in each county in the state and in both English and Spanish if newspapers in both languages are published in a particular county.
• When the state legislature votes to put a proposed amendment on the ballot, it is allowed to call a special election for that purpose.
• A simple majority vote of the statewide electorate is required to ratify an amendment.
• There is an unusual subject-matter restriction on the right of the state legislature to propose an amendment. Amendments proposed by the legislature cannot "restrict the rights created by Section 1 or Section 3 of Article VII or Section 8 and Section 10 of Article XII "unless it be proposed by vote of three-fourths of the members elected to each house and be ratified by a vote of the people of this state in an election at which at least three-fourths of the electors voting on the amendment vote in favor of that amendment." Moreover, to amend sections 1 and 3 of Article VII, a two-thirds (66.67 percent) supermajority vote is required in each county of the state.

• Section 1 of Article VII is titled "Qualifications of Voters; Absentee Voting; School Elections; Registration."
• Section 3 of Article VII is titled "Religious and Racial Equality Protected; Restrictions on Amendments."
• Section 8 of Article XII is titled "Teachers to Learn English and Spanish."
• Section 10 of Article XII is titled "Educational Rights of Children of Spanish Descent."

• The New Mexico State Legislature can put a constitutional convention question on the statewide ballot by a two-thirds vote of the members elected to each house.

• If the question is approved by voters, a convention is called.
• Amendments proposed by the convention must be ratified by the voters.

Moreover, although the New Mexico Constitution does not allow for initiated constitutional amendments, it contains a provision that pre-emptively limits what such amendments could do, if the citizens of the state were ever accorded that right, saying, "If this constitution be in any way so amended as to allow laws to be enacted by direct vote of the electors the laws which may be so enacted shall be only such as might be enacted by the legislature under the provisions of this constitution."

2021 measures:

Below is a list of measures that were referred to the 2021 ballot by the legislature.

See also: 2021 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list

See also

Elections	New Mexico State Government	State Legislatures	State Politics
New Mexico elections, 2022 New Mexico elections, 2020 New Mexico elections, 2018	New Mexico State Senate New Mexico House of Representatives Governor of New Mexico New Mexico Supreme Court	State legislative elections, 2022 State legislative elections, 2021 State legislative elections, 2020 State legislative elections, 2019 State legislative elections, 2018	State government trifectas State government triplexes State executives State courts Ballot measures

External links

• New Mexico State Legislature