New Mexico, USA, regional Obligatory referendum [LOR] - Amendment

General Typology

Instrument
Obligatory referendum [LOR]
Location
New Mexico, USA
Political level
regional
Local Name:
Amendment
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

New Mexico Constitution, Article XIX
Section 1
An amendment or amendments to this constitution may be proposed in either house of the legislature at a regular session; and if a majority of all members elected to each of the two houses voting separately votes in favor thereof, the proposed amendment or amendments shall be entered on their respective journals with the yeas and nays thereon.
An amendment or amendments may also be proposed by an independent commission established by law for that purpose, and the amendment or amendments shall be submitted to the legislature for its review in accordance with the provisions of this section.
[...] Amendments approved by the legislature shall be voted upon at the next regular election held after the adjournment of that legislature or at a special election to be held not less than six months after the adjournment of that legislature, at such time and in such manner as the legislature may by law provide. An amendment that is ratified by a majority of the electors voting on the amendment shall become part of this constitution.
[...] No amendment shall restrict the rights created by Sections One and Three of Article VII hereof, on elective franchise, and Sections Eight and Ten of Article XII hereof, on education, 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.

Section 2
[...] Revisions or amendments proposed by a constitutional convention shall be submitted to the voters of the state at an election held on a date set by the convention. [...] If a majority vote favors a proposal or alternative, it is adopted and becomes effective thirty days after the certification of the election returns unless otherwise provided by the convention.

Section 4
When the United States shall consent thereto, the legislature, by a majority vote of the members in each house, may submit to the people the question of amending any provision of Article XXI of this constitution on compact with the United States to the extent allowed by the act of congress permitting the same, and if a majority of the qualified electors who vote upon any such amendment shall vote in favor thereof the said article shall be thereby amended accordingly.

Source: Constitution of the State of New Mexico of 1911 (current through 2012 legislative session)

Subject Matter:

Amending the state constitution

Actors

Author:
Authority : Must be approved by either a majority of both houses of legislature (when proposed by a member from either house or an independent commission established for that purpose) or a constitutional convention. When restricting rights granted in the Constitution under Article VII, Sections 1 and 3 and Article XII, Sections 8 and 10, it must be proposed by a 3/4 majority of both houses of legislature (New Mexico Constitution, Article XIX).
Initiator:
Law : Constitution
Decision maker:
Electorate : Proposed amendments must be approved by a simple majority of electors voting on the measure unless it restricts rights granted in the Constitution Article XII, Section 8, in which case it must be approved by a 3/4 majority of those voting on the amendment. Proposed amendments must be approved by 3/4 of the total number of electors voting in the state and 2/3 of those voting in each of the state counties when restricting rights granted in the Constitution under Article VII, Sections 1 and 3 and Article XII, Section 10 (New Mexico Constitution, Articles VII, XII and XIX).

Requirements

Available Time:
Turnout Quorum:
See "Decision Maker" or "Other Formal Requirements"
Approval Quorum:
See "Decision Maker" or "Other Formal Requirements"
Geographical Quorum:
See "Decision Maker" or "Other Formal Requirements"
Excluded Issues:
Other Formal Requirements:

New Mexico Constitution
Article VII, Section 3
[...] the provisions of this section and of Section One of this article shall never be amended except upon a vote of the people of this state in an election at which at least three-fourths of the electors voting in the whole state, and at least two-thirds of those voting in each county of the state, shall vote for such amendment.

Article XII, Section 10
[...] This section shall never be amended except upon a vote of the people of this state, in an election at which at least three-fourths of the electors voting in the whole state and at least two-thirds of those voting in each county in the state shall vote for such amendment.

Article XIX
Section 1
[...] No amendment shall restrict the rights created by Sections One and Three of Article VII hereof, on elective franchise, and Sections Eight and Ten of Article XII hereof, on education, 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.

Section 2
[...] Revisions or amendments proposed by a constitutional convention shall be submitted to the voters of the state at an election held on a date set by the convention. [...] If a majority vote favors a proposal or alternative, it is adopted and becomes effective thirty days after the certification of the election returns unless otherwise provided by the convention.

Section 4
When the United States shall consent thereto, the legislature, by a majority vote of the members in each house, may submit to the people the question of amending any provision of Article XXI of this constitution on compact with the United States to the extent allowed by the act of congress permitting the same [...]


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Article VII, Sections 1 and 3 and Article XII, Sections 8 and 10, concern themselves with the right to vote, hold office, and sit upon juries; the training of teachers to speak both English and Spanish; and the right of children of Spanish descent to attend public schools. Article XXI concerns itself with religious tolerance, Native American lands, the public school system, suffrage, the placement of the state capital, irrigation projects on certain lands, liquor control on Native American lands, exchange of lands with the federal government.

Source: Constitution of the State of New Mexico of 1911 (current through 2012 legislative session)

Procedural Elements

Wording Of Ballot Question:

New Mexico Constitution, Article XIX
Section 1
[...] If two or more amendments are initiated by the legislature, they shall be so submitted as to enable the electors to vote on each of them separately. Amendments initiated by an independent commission created by law for that purpose may be submitted to the legislature separately or as a single ballot question, and any such commission-initiated amendments that are not substantially altered by the legislature may be submitted to the electors in the separate or single ballot question form recommended by the commission. [...]

Section 2
[...] The revisions or amendments proposed by the convention may be submitted in whole or in part, or with alternatives, as determined by the convention. [...]

State Statutes
1-16-7
The secretary of state shall prescribe the form in which state constitutional amendments shall appear on the ballot. Such form shall include the full title of the joint resolution proposing the constitutional amendment and the constitutional amendment number assigned to the joint resolution by the secretary of state. The secretary of state may provide an analysis of the proposed constitutional amendment on the ballot. The ballot shall be printed in both English and Spanish.

Source: Constitution of the State of New Mexico of 1911 and New Mexico State Statutes (current through 2012 legislative session)

Interaction With Authorities:
Supervision And Support:

New Mexico Constitution Article XIX, Section 1
[...] The secretary of state shall cause any such amendment or amendments to be published in at least one newspaper in every county of the state, where a newspaper is published once each week, for four consecutive weeks, in English and Spanish when newspapers in both of said languages are published in such counties, the last publication to be not more than two weeks prior to the election at which time said amendment or amendments shall be submitted to the electors of the state for their approval or rejection; and shall further provide notice of the content and purpose of legislatively approved constitutional amendments in both English and Spanish to inform electors about the amendments in the time and manner provided by law. The secretary of state shall also make reasonable efforts to provide notice of the content and purpose of legislatively approved constitutional amendments in indigenous languages and to minority language groups to inform electors about the amendments. [...]

Source: Constitution of the State of New Mexico of 1911 (current through 2012 legislative session)

Transparency And Finance:

Practice

Archive:
Remarks: