I think Mexico was done by Mike Peterson

JW 05/31/06








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THE CONSTITUTION OF THE STATE OF NEW MEXICO.

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We, the people of New Mexico, grateful to Almighty God for the blessings of liberty, in order to
secure
the advantages of a State government, do ordain and establish this constitution.
     
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1.  The name of this State is New Mexico, and its boundaries are as follows:
Beginning at the point where. the thirty-seventh parallel of  north latitude intersects the one
hundred and
third meridian west. from Greenwich; thence along said one hundred and third 
meridian to the thirty-second parallel of north latitude, thence along said thirty-second parallel to
the Rio
Grande, also known as the Rio Bravo del Norte, as it existed on the ninth day of September, one
thousand eight hundred and fifty; thence, following the main channel of said river, as it existed
on the
ninth day of September, one thousand eight hundred and fifty, to the parallel of thirty-one
degrees forty-
seven minutes north latitude; thence west one hundred miles to a point; thence south to the
parallel of
thirty-one degrees twenty minutes north latitude; thence along said parallel of thirty-one, degrees
twenty
minutes, to the thirty-second meridian of longitude west from Washington; thence along said
thirty-
second meridian to the thirty-seventh parallel of north latitude; thence. along said thirty-seventh
parallel
to the point of beginning.
     
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ARTICLE 2
     
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1. The State of New Mexico is an inseparable part of the Federal Union, and the Constitution of
the
United States is the supreme law of the land.
     
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  2.  All political power is vested in and derived from the people; all government of right
originates with
  the people, is founded upon their will, and is instituted solely for their good.

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3. The people of the State have the sole and exclusive right to govern themselves as a free,
sovereign,
and independent State.

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4. All persons are born equally free, and have certain natural, inherent, and inalienable rights,
among
which are the rights of enjoying and defending life and liberty, of acquiring, possessing, and
protecting
property, and of seeking and obtaining safety and happiness.

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  5.  The rights, privileges, and immunities, civil, political, and religious, guaranteed to the people
of New Mexico by the Treaty of Guadalupe Hidalgo shall be preserved inviolate.

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6.  The people have the right to bear arms for their security and defense, but nothing herein shall
be held
to permit the carrying of concealed weapons.

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7. The privilege of the writ of habeas corpus shall never be suspended, unless, in case of
rebellion or
invasion, the public safety requires it.

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8. All elections shall be free and open, and no power, civil or military, shall at any time interfere
to
prevent the free exercise of the right of suffrage.

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9.  The military shall always be in strict subordination to the civil power; no soldier shall in time
of peace
be quartered in any house without the consent of the owner; nor in time of war except in the
manner
prescribed by law.

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10. The people shall be secure in their persons, papers, homes; and effects, from unreasonable
searches and seizures, and no warrant to search any place, or seize any persons or thing, shall
issue
without describing the place to be searched, or the persons or things to be seized, nor without a
written
showing of probable cause, supported by oath or affirmation.

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11. Every man shall be free to worship God according to the dictates of his own conscience, and
no
person shall ever be molested or denied any civil or political right or privilege on account of his
religious
opinion or mode of religious worship. No person shall be required to attend any place of worship
or
support any religious sect or denomination; nor shall any preference be given by law to any
religious
denomination or mode of worship.

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12. The right of trial by jury as it has heretofore existed shall be secured to all and remain
inviolate. In
all cases triable in courts inferior to the district court the, jury may consist of six. The legislature
may
provide that verdicts in civil cases may be rendered by less than a unanimous vote of the jury.

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13. All persons shall be bailable by sufficient sureties, except for capital offenses when the proof
is
evident or the presumption great. Excessive bail shall not be required, nor excessive fines
imposed, nor
cruel and unusual punishments inflicted.

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14. No person shall be held to answer for a capital, felonious, or infamous crime. unless on a
presentment or indictment of a grand jury, except in cases arising in the militia when in actual
service in
time of war or public danger. In all criminal prosecutions the accused shall have the right to
appear and
defend himself in person, and by counsel; to demand the nature and cause of the accusation; to be
confronted with the witnesses against him; to have the charge and testimony interpreted to him in
a
language that he understands; to have compulsory process to compel the attendance of necessary
witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in
which
the offense is alleged to have been committed.

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15. No person shall be compelled to testify against himself in a criminal proceeding, nor shall
any
person be twice put in jeopardy for the same offense; and when the indictment, information, or
affidavit
upon which any person is convicted charges different offenses or different degrees of the same
offense
and a new trial is granted the accused, he may not again be tried for an offense or degree of the
offense
greater than the one of which he was convicted.
     
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16. Treason against the State shall consist only in levying war against it, adhering to its enemies,
or
giving them aid and comfort No person shall be convicted of treason unless on the testimony of
two
witnesses to the same overt act, or on confession in open court.

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17. Every person may freely speak, write, and publish his sentiments on all subjects, being 
responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty
of
speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence
to the
jury; and if it shall appear to the jury that the matter charged as libelous is true and was published
with
good motives and for justifiable ends, the party shall be acquitted.

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18. No person shall be deprived of life, liberty, or property without due process of law; nor shall
any
person be denied the equal protection of the laws.
     
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19. No ex post facto law, bill of attainder, nor law impairing the obligation of contracts shall be
enacted
by the legislature.
     
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20. Private property shall not be taken or damaged for public use without just compensation.

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21. No person shall be imprisoned for debt in any civil action.

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22. No distinction shall ever be made by law between resident aliens and citizens in regard to the
ownership or descent of property.
     
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23. The enumeration in this constitution of certain rights shall not be construed to deny, impair,
or
disparage others retained by the people.

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ARTICLE 3

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1. The powers of the government of this State are divided into three distinct departments, the 
legislative, executive, and judicial, and no person or collection of persons charged with the
exercise of
powers properly belonging to one of these departments, shall exercise any powers properly
belonging
to either of the others, except as in this constitution otherwise expressly directed or permitted.

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ARTICLE 4

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1. The legislative power shall be vested in a senate and house of representatives which shall be 
designated the Legislature of the State of New Mexico, and shall hold its sessions at the seat of
government.  The people reserve the power to disapprove, suspend, and annul any law enacted by
the
legislature, except general appropriation laws; laws , providing for the preservation of the public
peace,
health, or safety; for the payment of the public debt or interest thereon, or 
the creation or funding of the same, except as in this constitution otherwise provided; for the
maintenance of the public schools or State institutions, and local or special laws. Petitions
disapproving
any law other than those above excepted, enacted at the last preceding session of the legislature,
shall
be filed with the secretary of state not less than four months prior to the next general election.
Such
petitions shall be signed by not less than ten per centum of the qualified electors of each of
three-fourths
of the counties and in the aggregate by not less than ten per centum of the qualified electors of
the state,
as shown by the total number of votes cast at the last preceding general election. The question of
the
approval or rejection of such law shall be submitted by the secretary of state to the electorate at
the
next general election; and if a majority of the legal votes cast thereon, and not less than forty per
centum
of the total number of legal votes cast at such general election, be cast for the rejection of such
law, it
shall be annulled and thereby repealed with the same effect as if the legislature had then repealed
it, and
such repeal shall revive any law repealed by the act so annulled; otherwise, it shall remain in
force
unless subsequently repealed by the legislature. If such petition or petitions be signed by not. less
than
twenty-five per centum of the qualified electors under each of the foregoing conditions, and be
filed with
the secretary of state within ninety days after the adjournment of the session of the legislature at
which
such law was enacted, the operation thereof shall be thereupon suspended and the question of its
approval or rejection shall be likewise submitted to a vote at the next ensuing general election. If
a
majority of the votes cast thereon and not less than forty per centum of the total number of votes
cast at
such general election be cast for its rejection, it shall be thereby annulled; otherwise, it shall go
into
effect upon publication of the certificate of the secretary of state declaring the result of the vote
thereon.
It shall be a felony for any person to sign any such petition with any name other than his own, or
to sign
his name more than once for the same measure, or to sign such petition when he is not a qualified
elector in the county specified in such petition; provided, that nothing herein shall be construed
to
prohibit the writing thereon of the name of any person who can not write, and who signs the
same with
his mark. The legislature shall enact laws necessary for the effective exercise of the power hereby
reserved.

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2. In addition to the powers herein enumerated, the legislature shall have all powers necessary to
the
legislature of a free State.
     
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3. The senate shall consist of twenty-four, and the house of representatives of forty-nine
members, who
shall be qualified electors of their respective districts and residents of New Mexico for at least
three
years next preceding their election. Senators shall not be less than twenty-five, years, and
representatives not less than twenty-one years of age at the time of their election. No person shall
be
eligible to the legislature who, at the time of qualifying, holds any office of trust or profit under
the State,
county, or National Government, except: notaries public and officers of the militia, who receive
no
salary.

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4. Members of the legislature shall be elected as follows:
Senators for the term of four years, and members of the house of representatives for the term of
two
years. They shall be elected on the day provided by law for holding the general election of State
officers
or Representatives in Congress. Vacancies in either house shall be filled by an election at a time
to be
designated by the governor.

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5. The first session of the legislature shall begin at twelve o'clock, noon, on the day specified in
the
proclamation of the governor. Subsequent sessions shall begin at twelve o'clock. noon, on the
second Tuesday of January next after each general  election. No regular session shall exceed sixty
days,
except the first, which may be ninety days, and no special session shall exceed thirty days.

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6. Special sessions of the legislature may be called by the governor, but no business shall be
transacted
except such as relates to the objects specified in his proclamation.

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7. Each house shall be the judge of the election and qualifications of its own members. A
majority of
either house shall constitute a quorum to do business, but a less number may effect a temporary
organization, adjourn from day to day, and compel the attendance of absent members.

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8. The senate shall be called to order in the hall of the senate by the lieutenant governor. The
senate
shall elect a president pro tempore who shall preside in the absence of the lieutenant governor
and shall
serve until the next session of the legislature. The house of representatives shall be called to
order in the
hall of said house by the secretary of state. He shall preside until the election of a speaker, who
shall be
the member receiving the highest. number of votes for that office.

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9. The legislature shall choose its own officers and employees and fix their compensation, but the
number and compensation shall never exceed the following: For each house, one chaplain at
three
dollars per day; one chief clerk and one sergeant-at-arms, each at six dollars per day, one
assistant
chief clerk and one assistant sergeant at arms, each at five dollars per day; two enrolling clerks
and two
reading clerks, each at five dollars per day; six stenographers for the senate and eight for the
house,
each at six dollars per day; and such subordinate employees in addition to the above as they may
require, but the aggregate compensation of such additional employees shall not exceed twenty
dollars
per day for the senate and thirty dollars per day for the house.

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10. Each member of the legislature shall receive as compensation for his services the sum of five
dollars
for each day's attendance during each session and ten cents for each mile traveled in going to and
returning from the seat of government by the usual traveled route, once each session, and he shall
receive no other compensation, perquisite, or allowance.

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11. Each house may determine the rules of its procedure, punish its members or others for
contempt or
disorderly behavior in its presence, and protect its members against violence; and may, with the
concurrence of two-thirds of its members, expel a member, but not a second time for the same
act.
Punishment for contempt or disorderly behavior or by expulsion shall not be a bar to criminal
prosecution.

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12. All sessions of each house shall be public. Each house shall keep a journal of its proceedings,
and
the yeas and nays on any question shall, at the request of one-fifth of the members present, be
entered
thereon.  The original thereof shall be filed with the secretary of state at the close of the session,
and
shall be printed and published under his authority.

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13. Members of the legislature shall in all cases except treason felony, and breach of the peace,
be
privileged from arrest during their attendance at the sessions of their respective houses, and on
going to
and returning from the same. And they shall not be questioned in any other place for any speech
or
debate or for any vote cast in either house.

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14. Neither house shall, without the consent of the other, adjourn for more than three days,
Sundays
excepted; nor to any other place than that where the two houses are sitting; and on the day of the
final
adjournment they shall adjourn at twelve o'clock, noon.
     
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15. No law shall be passed except by bill, and no bill shall be so altered or amended on its
passage
through either house as to change its original purpose. The enacting clause of all bills shall be:
"Be it
enacted by the Legislature of the State of New Mexico." Any bill may originate in either house.
No bill,
except bills to provide for the public peace, health, and safety and the codification or revision of
the
laws, shall become a law unless it has been printed, and read three different times in each house,
not
more than two of which readings shall be on the same day, and the third of which shall be in full.

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16. The subject of every bill shall be clearly expressed in its title, and no bill embracing more
than one
subject shall be passed except general appropriation bills and bills for the codification or revision
of the
laws; but if any subject is embraced in any act which is not expressed in its title, only so much of
the act
as is not so expressed shall be void.  General appropriation bills shall embrace nothing but
appropriations for the expense of the executive, legislative, and judiciary departments, interest,
sinking
fund, payments on the public debt, public schools, and other expenses required by existing laws;
but if
any such bill contain any other matter, only so much thereof as is hereby forbidden to be placed
therein
shall be void. All other appropriations shall be made by separate bills.

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17. No bill shall be passed except by a vote of a majority of  the members present in each house,
nor
unless on its final passage a vote be taken by yeas and nays, and entered on the journal.

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18. No law shall be revised or amended, or the provisions thereof extended by reference to its
title
only; but each section thereof as revised, amended, or extended shall be set out in full.

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19. No bill for the appropriation of money, except for the current expenses of the government,
and no
bill for the increase of compensation of any officer, or for the creation of any lucrative office,
shall be
introduced after the tenth day prior to the expiration of the session, as provided herein, except by
unanimous consent of the house in which it is introduced. No bill shall be acted upon at any
session
unless introduced at that session.

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20. Immediately after the passage of any bill or resolution, it shall be enrolled and engrossed, and
read
publicly in full in each house, and thereupon shall be signed by the presiding officers of each
house in
open session, and the fact of such reading and signing shall be entered on the journal. No
interlineation
or erasure in a signed bill shall be effective unless certified thereon in express terms by the
presiding
officer of each house quoting the words interlined or erased, nor unless the fact of the making of
such
interlineation or erasure be publicly announced in each house and entered on the journal.

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21. Any person who shall, without lawful authority, materially change or alter, or make away 
with, any bill pending in or passed by the legislature, shall be deemed guilty of a felony and 
upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than
one year
nor more than five years.

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22. Every bill passed by the legislature shall, before it becomes a law, be presented to the
governor for
approval. If he approve, 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. Any bill not
returned by
the governor within three days, Sundays excepted, after being presented to him, shall become a
law,
whether signed by him or not, unless the legislature by adjournment prevent such return. Every
bill
presented to the governor during the last three days of the session shall be approved or
disapproved by
him within  six days after the adjournment, and shall be by him immediately deposited with the
secretary
of state.  Unless so approved and signed by him such bill shall not become a law. 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 veto, 
as herein provided.

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23. Laws shall go into effect ninety days after  the adjournment of the legislature enacting them, 
except general appropriation laws, which shall go into effect immediately upon their passage and
approval. Any act necessary for the preservation of the public peace, health, or safety shall take
effect
immediately upon its passage and approval, provided it be passed by two-thirds vote of each
house
and such necessity be stated in a separate section.

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24. The legislature shall not pass local or special laws in any of the following cases. Regulating
county,
precinct, or district affairs; the jurisdiction and duties of justices of the peace, police magistrates,
and
constables; the practice in courts of justice; the rate of interest on money; the punishment for
crimes and
misdemeanors; the assessment or collection of taxes or extending the time of collection thereof;
the
summoning and impaneling of jurors; the management of public 
schools; the sale or mortgaging of real estate of minors or others under disability; the change of
venue in
civil or criminal cases. Nor in the following cases: Granting divorces; laying out, opening,
altering, or
working roads or highways, except as to State roads extending into more than one county, and
military
roads; vacating roads, town plats., streets, alleys, or public grounds; locating or changing county
seats,
or changing county lines, except in creating new counties; incorporating cities, towns, or villages,
or
changing or amending the charter of any city, town, or village; the opening or conducting of any
election
or designating the place of voting; declaring any person of age; chartering or licensing ferries, toll
bridges, toll roads, banks, insurance companies, or loan and trust companies; remitting fines,
penalties,
forfeitures, or taxes; or refunding money paid into the State treasury, or relinquishing, extending,
or
extinguishing, in whole or in part, any indebtedness or liability of any person or corporation 
to the State or any municipality therein; creating, increasing, or decreasing fees, percentages, or 
allowances of public officers; changing the laws of descent; granting to any corporation,
association, or
individual the right, to lay down railroad tracks or any special or exclusive privilege, immunity,
or
franchise, or amending existing charters for such purpose; changing the rules of evidence in any
trial or
inquiry; the limitation of sections; giving effect to any informal or invalid deed, will, or other
instrument;
exempting property from taxation; restoring to citizenship any person convicted of an infamous
crime;
the adoption or legitimizing of children; changing the names of persons or places; and the
creation,
extension, or impairment of liens. In every other case where a general law can be made
applicable no
special law shall be enacted.

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25. No law shall be enacted legalizing the unauthorized or invalid act of any officer remitting 
any fine, penalty, or judgment against any officer, or validating any illegal use of public funds.

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26. The legislature shall riot grant to any corporation or person any rights, franchises, privileges,
immunities, or exemptions, which shall not, upon the same terns and under like conditions, inure
equally
to all persons or corporations; no exclusive right, franchise, privilege, or immunity shall be
granted by
the legislature or any municipality in this State.

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27. No law shall be enacted giving any extra compensation to any public officer, servant, agent,
or
contractor after services are rendered or contract made; nor shall the compensation of any officer
be
increased or diminished during his term of office, except as otherwise provided in this
constitution.

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28. No member of the legislature shall, during the term for which he is elected, be appointed to
any civil
office in the State, nor shall he within one year thereafter be appointed to any civil office created
or the
emoluments of which were, increased during such term; nor shall any member of the legislature
during
the term for which he was elected, nor within one year thereafter, be interested directly or
indirectly in
any contract with the State or any municipality thereof, which was authorized by any law passed
during
such term.

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29. No law authorizing indebtedness shall be enacted which does not provide for levying a tax
sufficient
to pay the interest and for the payment at maturity of the principal.

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30. Except interest or other payments on the public debt, money shall be paid out of the treasury
only
upon appropriations made by the legislature. N o money shall be paid therefrom except upon
warrant
drawn by the proper officer. Every law making an appropriation shall distinctly specify the sum
appropriated and the object to which it is to be applied.

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31. No appropriation shall be made for charitable, educational, or other benevolent purposes to
any
person, corporation, association, institution, or community not under the absolute control of
the State, but the legislature. may, in its discretion, make appropriations for the charitable
institutions
and hospitals, for the maintenance of which annual appropriations were made by the 
legislative assembly of nineteen hundred and nine.
     
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32. No obligation or liability of any person, association, or corporation, held or owned by or 
owing to the State, or any municipal corporation therein, shall ever be exchanged, transferred, 
remitted, released, postponed, or in any way diminished by the legislature, nor shall any such 
obligation or liability be extinguished except by the payment thereof into the proper treasury, or
by
proper proceedings in court.

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33. No person shall be exempt from prosecution and punishment for any crime or offenses
against any
law of this State by reason of the subsequent repeal of such law.

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34. No act of the legislature shall affect the right or remedy of either party, or change the riles of 
evidence or procedure in any pending case.

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35. The sole lower of impeachment shall be vested in the use of representatives, and a
concurrence of a
majority of all the members elected shall be necessary to the proper exercise thereof. All
impeachments
shall be tried by the senate. When sitting for that purpose, the senators shall be tinder oath or
affirmation to do justice according to the law and the evidence. When the governor or lieutenant
governor is on trial, the chief justice of the supreme court shall preside. No person shall be
convicted
without the concurrence of two-thirds of the senators elected.
     
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36. All State officers and judges of the district court shall be liable to impeachment for crimes, 
misdemeanors, and malfeasance in office, but judgment in such cases shall not extend further
than
removal from office and disqualification to hold any office of honor, trust, or profit, or to vote
under the
laws of this State; but such officer or judge, whether convicted or acquitted shall, nevertheless,
be liable
to prosecution, trial, judgment, punishment, or civil action according 
to law. No officer shall exercise any powers or duties of his office after notice of his
impeachment is
served upon him until he is acquitted.

*** SEND ***
*** SSTART 037.0 004.0 0 NM 1911 ***

37. It shall not be lawful for a member of the legislature to use a pass, or to purchase or receive 
transportation over any railroad upon terms not open to the general public; and the violation of
this
section shall work a forfeiture of the office.

*** SEND ***
*** SSTART 038.0 004.0 0 NM 1911 ***

38. The legislature shall enact laws to prevent trusts, monopolies, and combinations in restraint
of trade.

*** SEND ***
*** SSTART 039.0 004.0 0 NM 1911 ***

39. Any member of the legislature who shall vote or use his influence for or against any matter
pending
either house in consideration of any money, thing of value, or promise thereof, shall be deemed
guilty of
bribery; and any member of the legislature or other person who shall directly or indirectly offer,
give, or
promise any money, thing of value, privilege, or personal advantage to any number of the
legislature to
influence him to vote or work for or against any matter pending in either house; or any member
of the
legislature who shall solicit from any person or 
corporation any money, thing of value, or personal advantage for his vote or influence as such
member
shall be deemed guilty of solicitation of bribery.

*** SEND ***
*** SSTART 040.0 004.0 0 NM 1911 ***

40. Any person convicted of any of the offenses mentioned in sections thirty-seven and
thirty-nine
hereof, shall be deemed guilty of a felony, and upon conviction shall be punished by fine of not
more
than one thousand dollars or by imprisonment in the penitentiary for not less than one nor more
than five
years.

*** SEND ***
*** SSTART 041.0 004.0 0 NM 1911 ***

41.  Any person may be compelled to testify in any lawful investigation or judicial proceeding
against
another charged with bribery or solicitation of bribery as defined herein, and shall not be
permitted to
withhold his testimony on the ground that it might incriminate or subject him to public infamy;
but such
testimony shall not be used against him in any judicial proceeding against him except for perjury
in giving
such testimony.
     
*** SEND ***
*** SSTART 042.0 004.0 0 NM 1911 ***

APPORTIONMENT.

Until changed by law as hereinafter provided, the legislative districts of the State shall be
constituted as
follows.

SENATORIAL DISTRICTS.

First: The county of San Miguel, one senator.
Second: The counties of San Miguel and Mora, one senator  to be a resident of Mora County, and
to
be elected by the electors of Mora and San Miguel Counties.
Third: The counties of Guadalupe and San Miguel, one senator.
Fourth: The county of Rio Arriba, one senator.
Fifth: The counties of Bernalillo, San Juan, and  Sandoval, one senator.
Sixth: The counties of Rio Arriba and Sandoval, one senator.
Seventh: The county of Bernalillo, one senator.
Eighth: The county of Colfax, one senator.
Ninth: The counties of Union and Colfax, one senator, to be a resident of Union County and to be
elected by the qualified electors of Union and Colfax Counties.
Tenth: The county of Santa Fe, one senator.
Eleventh: The county of Taos, one senator.
Twelfth: The county of Valencia, one senator.
Thirteenth: The counties of Sierra, Grant, Luna, and Socorro, one senator.
Fourteenth: The county of Socorro, one senator.
Fifteenth: The counties of Torrance, Otero, Lincoln, and Socorro, one senator.
Sixteenth: The county of Dona Ana, one senator.
Seventeenth: The county of McKinley, one senator.
Eighteenth: The counties of Otero and Lincoln, one senator.
Nineteenth: The county of Chaves, one senator.
Twentieth: The county of Eddy, one senator.
Twenty-first: The county of Roosevelt, one senator.
Twenty-second : The county of Quay, one senator.
Twenty-third : The county of Curry, one senator.
Twenty-fourth: The county of Grant, one senator.
     
REPRESENTATIVE DISTRICTS.

First: The county of Valencia, two members.
Second: The county of Socorro, two members.
Third: The county of Bernalillo, three members.
Fourth: The county of Santa Fe, two members.
Fifth: The county of Rio Arriba, two members.
Sixth: The county of San Miguel, three members.
Seventh: The county of Mora, two members.
Eighth: The county of Colfax, two members.
Ninth: The county of Taos, two members.
Tenth: The county of Sandoval, one member.
Eleventh: The county of Union, two members.
Twelfth: The county of Torrance, one member.
Thirteenth: The county of Guadalupe, one member.
Fourteenth: The county of McKinley, two members.
Fifteenth: The county of Dona Ana, two members.
Sixteenth: The county of Lincoln, one member.
Seventeenth: The county of Otero, one member.
Eighteenth: The county of Chaves, three members.
Nineteenth: The county of Eddy, two members.
Twentieth: The county of Roosevelt, one member.
Twenty-first: The county of Luna, one member.
Twenty-second: The county of Grant, two members.
Twenty-third: The county of Sierra, one member.
Twenty-fourth: The county of San Juan, one member.
Twenty-fifth: The county of Quay, two members.
Twenty-sixth: The county of Curry, one member.
Twenty-seventh: The counties of Rio Arriba and Sandoval, one member.
Twenty-eighth: The counties of Torrance, Santa Fe, and Guadalupe, one member.
Twenty-ninth: The counties of San Miguel and Guadalupe, one member.
Thirtieth: The counties of Lincoln, Otero, and Socorro, one member. 
Upon the creation of any new county it shall be annexed to some contiguous district for
legislative
purposes.
At its first session after the publication of the census of the United States in the year nineteen 
hundred and twenty and at the first session after each United States census thereafter, the
legislature
may reapportion the legislative districts of the State upon the basis of population; provided that
each
county included in each district shall be contiguous to some other county therein.

*** SEND ***
*** AEND ***
*** ASTART 005.0 NM 1911 ***

ARTICLE 5

*** SSTART 001.0 005.0 0 NM 1911 ***

1. The executive department shall consist of a governor, lieutenant governor, secretary of state,
State
auditor, State treasurer, attorney general, superintendent of public instruction, and commissioner
of
public lands, who shall be elected for the term of four years beginning on the first day of January
next
after their election.
Such officers, except the commissioner of public lands and superintendent of public instruction,
shall be
ineligible to succeed themselves after serving one full term. The officers of the executive
department
except the lieutenant governor, shall, during their terms of office, reside and keep the public
records,
books, papers, and seals of office at the seat of government.

*** SEND ***
*** SSTART 002.0 005.0 0 NM 1911 ***
     
2. The returns of every election for State officers shall be sealed up and transmitted to the
secretary of
state, who, with the governor and chief justice, shall constitute the State canvassing board, which
shall
canvass and declare the result of the election. The person having the highest number of votes for
any
office, as shown by said returns, shall be declared duly elected. If two or more have an equal and
the
highest number of votes for the same office, one of them shall be chosen therefor by the
legislature on
joint ballot.

*** SEND ***
*** SSTART 003.0 005.0 0 NM 1911 ***

3. No person shall be eligible to any office specified in section one hereof unless he be a citizen 
of the United States, at least thirty years of age, nor unless he shall have resided continuously in
New
Mexico for five years next preceding his election; nor to the office of attorney general unless he
be
licensed attorney of the supreme court of New Mexico in good standing; nor to the office of
superintendent of public instruction unless he be a trained and experienced educator.

*** SEND ***
*** SSTART 004.0 005.0 0 NM 1911 ***

4. The supreme executive power of the State shall be vested in the governor, who shall take care
that
the laws be faithfully executed. He shall be commander in chief of the military forces of the
State,
except when they are called into the service of the United States.  He shall have power to call out
the
militia to preserve the public peace, execute the laws, suppress insurrection, and repel invasion.

*** SEND ***
*** SSTART 005.0 005.0 0 NM 1911 ***

5. The governor shall nominate, and, by and with the consent of the senate, appoint all officers
whose
appointment or election is not otherwise provided for, and may remove any officer appointed by
him
for incompetency, neglect of duty, or malfeasance in office. Should a vacancy occur in any State
office,
except lieutenant governor and member of the legislature, the 
governor shall fill such office by appointment, and such appointee shall hold office until the next
general
election, when his successor shall be chosen .for the unexpired term.

*** SEND ***
*** SSTART 006.0 005.0 0 NM 1911 ***

6. Subject to such regulations as may be prescribed by law, the governor shall have power to
grant
reprieves and pardons, after conviction, for all offenses except treason and in cases of
impeachment.

*** SEND ***
*** SSTART 007.0 005.0 0 NM 1911 ***

7. In case of a vacancy in the office of governor, the lieutenant governor shall succeed to that
office and
to all the powers, duties, and emoluments thereof. In case the governor is absent from the State,
or is
for any reason unable to perform his duties, the lieutenant governor shall act as governor. with all
the
powers, duties, and emoluments of that office, until such disability be removed. In case there is
no
lieutenant governor, or in case he is for. any reason, unable to 
perform the duties of governor, then the secretary of state, or in case there is no secretary of state,
or
he is for any reason unable to perform the duties of governor, then the president pro tempore of
the
senate shall succeed to the office of governor or act as governor as, hereinbefore provided.

*** SEND ***
*** SSTART 008.0 005.0 0 NM 1911 ***

8. The lieutenant governor shall be president of the senate, but shall vote only when the senate is
equally
divided.

*** SEND ***
*** SSTART 009.0 005.0 0 NM 1911 ***

9. Each officer of the executive department and of the public institutions of the State shall keep
an
account of all moneys received by him and make reports thereof to the governor under oath
annually,
and at such other times as the governor may require., and shall, at least thirty days preceding each
regular session of the legislature, make a full and complete report to the 
governor, who shall transmit the same to the legislature.

*** SEND ***
*** SSTART 010.0 005.0 0 NM 1911 ***

10. There shall be a State seal, which shall be called the "Great Seal of the State of New
Mexico," and
shall be kept by the secretary of state.
     
*** SEND ***
*** SSTART 011.0 005.0 0 NM 1911 ***

11. All commissions shall issue in the name of the State, be signed by the governor and attested
by the
secretary of state, who shall affix the State seal thereto.

*** SEND ***
*** SSTART 012.0 005.0 0 NM 1911 ***

12. The annual compensation to be paid to the officers mentioned in section one of this article
shall be
as follows: Governor, five thousand dollars; secretary of state, three thousand dollars; State
auditor,
three thousand dollars; State treasurer, three thousand dollars; attorney general, four thousand
dollars;
superintendent of public instruction., three thousand dollars; and commissioner of public lands,
three
thousand dollars, which compensation shall be paid to the respective officers in equal quarterly
payments.
The lieutenant governor shall receive ten dollars per diem while acting as presiding officer of the
senate,
and mileage at the same rate as a State senator.
The compensation herein fixed shall be full payment for all services rendered by said officers,
and they
shall receive no other fees or compensation whatsoever.
The compensation of any of said officers may be increased or decreased by law after the
expiration of
ten years from the date of the admission of New Mexico 
as a State.

*** SEND ***
*** SSTART 013.0 005.0 0 NM 1911 ***

13. All district, county, precinct, and municipal officers shall be residents of the political 
subdivisions for which they are elected or appointed.

*** SEND ***
*** AEND ***
*** ASTART 006.0 NM 1911 ***
ARTICLE 6

*** SSTART 001.0 006.0 0 NM 1911 ***
1. The judicial power of the State shall be vested in the senate when sitting as a court of 
impeachment, a supreme court, district courts, probate courts, justices of the peace, and such
courts
inferior to the district courts as may be established by law from time to time in any county or
municipality of the State, including juvenile courts.

*** SEND ***
*** SSTART 002.0 006.0 0 NM 1911 ***

2.  The appellate jurisdiction of the supreme court shall be coextensive with the State and shall
extend
to all final judgments and decisions of the district courts, and said court shall have such appellate
jurisdiction of interlocutory orders and decisions of the district courts as may be conferred by
law.

*** SEND ***
*** SSTART 003.0 006.0 0 NM 1911 ***

3.  The supreme court shall have original jurisdiction in quo warranto and mandamus against all 
State officers, boards, and commissions, and shall have a superintending control over all inferior
courts;
It shall also have power to issue writs of mandamus, error, prohibition, habeas corpus, certiorari,
injunction, and all other writs necessary or proper for the complete exercise of its jurisdiction,
and to
hear and determine the same. Such writs may be issued by direction of the, 
court, or by any justice thereof. Each. justice shall have power to issue writs of habeas corpus
upon
petition by or on behalf of a person. held in actual custody, and to make such writs returnable
before
himself or before the supreme court, or before any of the district courts 
or any judge thereof.

*** SEND ***
*** SSTART 004.0 006.0 0 NM 1911 ***

4. The supreme court of the State shall consist of three justices, who shall be elected at the
general
election for Representatives in Congress for a term of eight years.  At the first election for State
officers
after the adoption of this constitution, there shall be elected three justices of the supreme court,
who
shall immediately qualify and classify themselves by lot, so that one of them shall hold office
until four
years, one until six years, and one until eight years, from and after the first day of January,
nineteen
hundred and thirteen. A certificate of such classification shall be filed in the office of the
secretary of
state. Until otherwise provided by law, the justice who has the shortest term to serve shall be the
chief
justice and shall preside at all the sessions of the court; and in his absence the . justice who has
the next
shortest term to serve shall preside; but no justice appointed or elected to fill a vacancy shall be
chief
justice.

*** SEND ***
*** SSTART 005.0 006.0 0 NM 1911 ***

5. A majority of the justices of the supreme court shall be necessary to constitute a quorum for
the
transaction of business, and a majority of the justices must concur in any judgment of the court.

*** SEND ***
*** SSTART 006.0 006.0 0 NM 1911 ***

6.  When a justice of the supreme court shall be interested in any case, or be absent, or
incapacitated,
the remaining justices of the court may, in their discretion, call in any district judge of the State
to act as
a justice of the court.

*** SEND ***
*** SSTART 007.0 006.0 0 NM 1911 ***

7. The supreme court shall hold one term each year, commencing on the second Wednesday in
January, and shall be at all times in session at the seat of government; provided that the court
may, from
time to time, take such recess as in its judgment may be proper.

*** SEND ***
*** SSTART 008.0 006.0 0 NM 1911 ***

8.  No person shall be qualified to hold the office of justice of the supreme court unless he be at
least
thirty years old. learned in the law, and shall have been in the actual practice of law and resided
in this
State or the Territory of New Mexico, for at least three years. Any person whose time of service
upon
the bench of any district court of this State or the Territory of New Mexico, added to the time he
may
have practiced law, as aforesaid, shall be equal to three years, shall be qualified without having
practiced for the full three years.

*** SEND ***
*** SSTART 009.0 006.0 0 NM 1911 ***

9. The supreme court may appoint and remove at pleasure its reporter, bailiff, clerk, and such
other
officers and assistants as may be prescribed by law.
     
*** SEND ***
*** SSTART 010.0 006.0 0 NM 1911 ***

10.  After the publication of the census of the United States in the year nineteen hundred and
twenty,
the legislature shall have power, to increase the number of justices of the supreme court to five:
provided, however, That no more than two of said justices shall be elected at one time, except to
fill a
vacancy.
     
*** SEND ***
*** SSTART 011.0 006.0 0 NM 1911 ***

11. The justices of the supreme court shall each receive an annual salary of six thousand dollars, 
payable quarterly.

*** SEND ***
*** SSTART 012.0 006.0 0 NM 1911 ***

12. The State shall be divided into eight judicial districts, and a judge shall be chosen for each
district
by the qualified electors thereof at the election for Representatives in Congress. The terms of
office of
the district judges shall be six years.

*** SEND ***
*** SSTART 013.0 006.0 0 NM 1911 ***

13. The district court shall have original jurisdiction in all matters and causes not excepted in 
this constitution, and such jurisdiction of special cases and proceedings as may be conferred by
law,
and appellate jurisdiction of all cases originating in inferior courts and tribunals in their
respective
districts, and supervisory control over the same. The district courts, or any judge thereof, shall
have
power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari,
prohibition, and
all other writs, remedial or otherwise in the exercise of their jurisdiction: Provided, That no such
writ
shall issue directed to judges or courts of equal or 
superior jurisdiction. The district courts shall also have the power of naturalization in accordance
with
the laws of the United States. Until otherwise provided by law, at least two terms of the district
court
shall be held annually in each county at the county seat.

*** SEND ***
*** SSTART 014.0 006.0 0 NM 1911 ***

14. The qualifications of the district judges shall be the same as those of justices of the supreme
court.
Each district judge shall reside in the district for which he was elected.

*** SEND ***
*** SSTART 015.0 006.0 0 NM 1911 ***

15. Any district judge may hold district court, in any county at the request of the judge of such
district.
Whenever the public business may require, the chief justice of the supreme court shall designate
any
district. judge of the State to hold court. in any district, and two or more district judges may sit in
any
district or county separately at the same time. If any judge shall be disqualified from hearing any
cause
in the district, the parties to such cause, or their attorneys of record, may select some member of
the
bar to hear and determine said cause, and act as judge pro tempore therein.

*** SEND ***
*** SSTART 016.0 006.0 0 NM 1911 ***

16. The legislature may increase the number of district. judges in any judicial district, and they 
shall be elected as other district. judges. At its first session after the publication of the census of
the
United States in the year nineteen hundred and twenty, and at the first session after each United
States
census thereafter, the legislature may rearrange the districts of the State, increase the number
thereof,
and make provision for a district judge for any additional district.

*** SEND ***
*** SSTART 017.0 006.0 0 NM 1911 ***

17. Each judge of the district court shall receive an annual salary of four thousand five hundred
dollars,
payable quarterly by the State.

*** SEND ***
*** SSTART 018.0 006.0 0 NM 1911 ***

18. No judge of any court nor justice of the peace shall, except, by consent of all parties, sit in the
trial
of any cause in which either of the parties shall be related to him by affinity or consanguinity
within the
degree of first cousin, or in which he was counsel, or in the trial of which he presided in any
inferior
court, or in which he has an interest.

*** SEND ***
*** SSTART 019.0 006.0 0 NM 1911 ***

19. No judge of the supreme or district courts shall be nominated or elected to any other than a
judicial
office in this State.
     
*** SEND ***
*** SSTART 020.0 006.0 0 NM 1911 ***

20. All writs and processes shall issue, and all prosecution shall be conducted in the name of
"The State
of New Mexico."

*** SEND ***
*** SSTART 021.0 006.0 0 NM 1911 ***

21. Justices of the supreme court in the State, district judges in their respective districts and 
justices of the peace in their respective counties, shall be conservators of the peace. District
judges and
justices of the peace may hold preliminary examinations in criminal cases.

*** SEND ***
*** SSTART 022.0 006.0 0 NM 1911 ***

22. Until otherwise provided by law, a county clerk shall be elected in each county who shall, in
the
county for which he is elected, perform all the duties now performed by the clerks of the district
courts
and clerks of the probate courts.

*** SEND ***
*** SSTART 023.0 006.0 0 NM 1911 ***

23. A probate court is hereby established for each county, which shall be a court of record, and,
until
otherwise provided by law, shall have the same jurisdiction as is now exercised by the probate
courts
of the Territory of New Mexico. The legislature shall have power from time to time to confer
upon the
probate court in any county in this State, general civil jurisdiction coextensive with the county;
provided,
however, that such court shall not have jurisdiction in civil causes in which the matter in
controversy
shall exceed in value one thousand dollars, exclusive of interest; nor in any action for malicious
prosecution, divorce and alimony, slander and libel; nor in any action against officers for
misconduct in
office; nor in any action for the specific performance of contracts for the sale of real estate; nor in
any
action for the possession of land; nor in any matter wherein the title or boundaries of land may be
in
dispute or drawn in question; nor to grant writs of injunction, habeas corpus or extraordinary
writs.
Jurisdiction may be conferred upon the judges of said court to act as examining and committing
magistrates in criminal cases, and upon said courts for the trial of misdemeanors in which the
punishment cannot be imprisonment in the penitentiary, or in which the fine cannot be in excess
of one
thousand dollars. A jury for the trial of such cases shall consist of six men.
Any civil or criminal case pending in the probate court, in which the probate judge is
disqualified, shall
be transferred to the district court of the same county for trial.

*** SEND ***
*** SSTART 024.0 006.0 0 NM 1911 ***

24. There shall be a district attorney for each judicial district, who shall be learned in the law, and
who
shall have been a resident of New Mexico for three years next prior to his election, shall be the
law
officer of the State and of the counties within his district, shall be elected for a term of four years,
and
shall perform such duties and receive such salary as may be prescribed by law.
The legislature shall have the power to provide for the election of additional district attorneys in
any
judicial district and to designate the counties therein for which the district attorneys shall. serve;
but no
district attorney shall be elected for any district of which he is not a resident.

*** SEND ***
*** SSTART 025.0 006.0 0 NM 1911 ***

  25.  The State shall be divided into eight judicial districts, as follows:
First district: The counties of Santa Fe, Rio Arriba, and San Juan;
Second district: The counties of Bernalillo, McKinley, and Sandoval;
Third district: The counties of Dona Ana, Otero, Lincoln, and Torrance;
Fourth district: The counties of San Miguel, Mora, and Guadalupe;
Fifth district: The counties of Eddy, Chaves, Roosevelt, and Curry ;
Sixth district: The counties of Grant and Luna;
Seventh district: The counties of Socorro, Valencia, and Sierra;
Eighth district: The counties of Taos, Colfax, Union, and Quay.
In case of the creation of new counties the legislature shall have power to attach them to any
contiguous
district for judicial purposes.

*** SEND ***
*** SSTART 026.0 006.0 0 NM 1911 ***

26.  Justices of the peace, police magistrates, and constables shall be elected in and for such
precincts
or districts as are or may be provided by law. Such justices and police magistrates shall not have
jurisdiction, in any matter in which the title to real estate or the boundaries of land may be in
dispute or
drawn in question or in which the debt or sum claimed shall be in excess of two hundred dollars
exclusive of interest.

*** SEND ***
*** SSTART 027.0 006.0 0 NM 1911 ***

27. Appeals shall be allowed in all cases from the final judgments and decisions of the probate
courts
and justices of the peace to the district courts, and in all such appeals trial shall be had de novo
unless
otherwise provided by law.

*** SEND ***
*** AEND ***
*** ASTART 007.0 NM 1911 ***

ARTICLE 7

*** SSTART 001.0 007.0 0 NM 1911 ***

1. Every male citizen of the United States, who is over the age of twenty-one years, and has
resided in
New Mexico twelve months, in the county ninety days, and in the precinct in which he offers to
vote
thirty days, next preceding the election, except idiots, insane persons, persons convicted of a
felonious
or infamous crime, unless restored to political rights, and Indians not taxed, shall be qualified to
vote at
all elections for public officers. All school elections shall be held at different times from other
elections. 
Women possessing the qualifications prescribed in this section for male electors shall be
qualified
electors at all such school elections: Provided, That if a majority of the qualified voters of any
school
district shall, not less than thirty days before any school election, present a petition to the board
of
county commissioners against women suffrage in such district, the provisions of this section
relating to
women suffrage shall be suspended therein, and such provision shall become again operative
only upon
the filing with said board of a petition signed by a majority of the qualified voters favoring the
restoration
thereof. The board of county commissioners shall certify the suspension or restoration of such
suffrage
to the proper school district.
The legislature shall have the power to require the registration of the qualified electors as a
requisite for
voting, and shall regulate the manner, time, and places of voting. The legislature shall enact such
laws as
will secure the secrecy of the ballot, the purity of elections, and guard against the abuse of
elective
franchise.  Not more than two members of the board of registration and not  more than two
judges of
election shall belong to the sane political party at the time of their appointment.

*** SEND ***
*** SSTART 002.0 007.0 0 NM 1911 ***

2. Every male citizen of the United States who is a legal resident of the State and is a qualified 
elector therein shall be qualified to hold any public office in the State, except as otherwise
provided in
this constitution; Provided, however, That women possessing the qualifications of male electors
prescribed in paragraph one of this article shall be qualified to hold the office of comity school
superintendent and shall also be eligible for election to the office of school director or members
of a
board of education.

*** SEND ***
*** SSTART 003.0 007.0 0 NM 1911 ***

3. The right of any citizen of the State to vote, hold office, or sit upon juries, shall never be 
restricted, abridged, of unpaired on account, of religion, race, language, or color, or inability to 
speak, read, or write the English or Spanish languages except as may be otherwise provided in
this
constitution; and 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.

*** SEND ***
*** SSTART 004.0 007.0 0 NM 1911 ***

4. No person shall be deemed to have acquired or lost residence by reason of his presence or
absence
while employed in the service of the United States or the State, nor while a student at any school.

*** SEND ***
*** SSTART 005.0 007.0 0 NM 1911 ***

5. All elections shall be by ballot, and the person who receives the highest number of votes for
any
office shall be declared elected thereto.

*** SEND ***
*** AEND ***
*** ASTART 008.0 NM 1911 ***
Article 8

*** SSTART 001.0 008.0 0 NM 1911 ***

1. The rate of taxation shall be equal and uniform upon all subjects of taxation.

*** SEND ***
*** SSTART 002.0 008.0 0 NM 1911 ***

2. The legislature shall have power to provide for the levy and collection of license, franchise,
excise,
income, collateral, and direct inheritance, legacy, and succession taxes; also graduated income
taxes,
graduated collateral, and direct inheritance taxes, graduated legacy and succession taxes, and
other
specific taxes, including taxes upon the production and output of mines, 
oil lands, and forests; but no double taxation shall be permitted.

*** SEND ***
*** SSTART 003.0 008.0 0 NM 1911 ***

3. The enumeration of subjects of taxation in section two of this article shall not deprive the 
legislature of the power to require other subjects to be taxed in such manner as may be consistent
with
the principles of taxation fixed in this constitution.

*** SEND ***
*** SSTART 004.0 008.0 0 NM 1911 ***

4. There shall be levied annually for State revenue a tax not to exceed four mills on each dollar of
the
assessed valuation of the property in the State, except for the support of the educational, penal,
and
charitable institutions of the State, payment of the State debt and interest thereon. For the first
two
years after this constitution goes into effect the total annual tax levy for all State purposes
exclusive of
necessary levies for the State debt shall not exceed twelve mills, and thereafter it shall not exceed
ten
mills.

*** SEND ***
*** SSTART 005.0 008.0 0 NM 1911 ***

5.  A State board of equalization is hereby created, which shall consist of the governor, traveling
auditor, State auditor, secretary of state, and attorney general. Until otherwise provided, said
board
shall have and exercise all the powers now vested in the Territorial board of equalization.

*** SEND ***
*** SSTART 006.0 008.0 0 NM 1911 ***

6. The legislature shall have no power to release or, discharge any county, city, town, school
district, or
other municipal corporation or subdivision of the State, from its proportionate share of taxes
levied for
any purpose.

*** SEND ***
*** SSTART 007.0 008.0 0 NM 1911 ***

7. The property of the United States, the State, and all counties, towns, cities, and school
districts, and
other municipal corporations, public libraries, community ditches and all laterals thereof, all
church
property, all property used for educational or charitable purposes, all cemeteries not used or held
for
private or corporate profit., and all bonds of the State of New Mexico, and of the counties,
municipalities, and districts thereof shall be exempt from taxation.

*** SEND ***
*** SSTART 008.0 008.0 0 NM 1911 ***

8. The power to license and tax corporations and corporate property shall not be relinquished or 
suspended by the State or any subdivision thereof: Provided, That the legislature may, by general
law, exempt new railroads from taxation for not more than six years from and after the
completion of
any such railroad and branches; such railroad being deemed to be completed for the purpose of
taxation, as to any operative division thereof, when the same is opened for business to the public;
and
new sugar factories, smelters, reduction and refining works, and pumping plants for irrigation
purposes
and irrigation works, for not more than six, years from and after their establishment.

*** SEND ***
*** SSTART 009.0 008.0 0 NM 1911 ***

9. All property within the territorial limits of the authority levying the tax, and subject to
taxation, shall
be taxed therein for State, county, municipal, and other purposes: Provided, That the State board
of
equalization shall determine the value of all property, of railroad, express, sleeping car, telegraph,
telephone, and other transportation or transmission companies, used by such companies in: the
operation of their railroad, express, sleeping car, telegraph, or telephone lines, or other
transportation
or transmission lines, and shall certify the value thereof as so determined to the county and
municipal
taxing authorities.

*** SEND ***
*** SSTART 010.0 008.0 0 NM 1911 ***

10. Any public officer making any profit out of public moneys or using the same for any purpose
not
authorized by law shall be deemed guilty of a felony and shall be punished as provided by law,
and shall
be disqualified to hold public office. All public moneys not invested in interest bearing securities
shall be
deposited in national banks in this State or in banks or trust companies incorporated under the
laws of
the State, and the interest derived therefrom shall be 
applied in the manner prescribed by law.

*** SEND ***
*** SSTART 011.0 008.0 0 NM 1911 ***

11. The legislature may exempt from taxation property of each head of a family to the amount of
two
hundred dollars.

*** SEND ***
*** SSTART 012.0 008.0 0 NM 1911 ***

12. Lands held in large tracts shall not be assessed for taxation at any lower value per acre than
lands
of the same character or quality and similarity situated held in smaller tracts. The plowing of land
shall
not be considered as adding value thereto for the purpose of taxation.

*** SEND ***
*** SSTART 013.0 008.0 0 NM 1911 ***

13. No execution shall issue upon any judgment rendered against the board of county
commissioners of
any county, or against any city, incorporated town or village, school district or board of
education; or
against any officer of any county, city, school district, or board of education, upon any judgment
recovered against him iii his official capacity and for which the county, city, incorporated town
or
village, school district or board of education is liable, but the 
same shall be paid out of the proceeds of a tax levy, as other liabilities of counties, cities,
incorporated
towns or villages, school, districts or boards of education, and when so collected shall be paid by
the
county treasurer to the judgment creditor.

*** SEND ***
*** AEND ***
*** ASTART 009.0 NM 1911 ***

ARTICLE 9

*** SSTART 001.0 009.0 0 NM 1911 ***

1.  The State hereby assumes the debts and liabilities of the Territory of New Mexico, and the
debts of
the counties thereof; which were valid and subsisting on June twentieth, nineteen hundred and
ten, and
pledges its faith and credit for the payment thereof, The legislature shall, at its first session,
provide for
the payment and refunding thereof by the issue and sale of bonds or otherwise.
     
*** SEND ***
*** SSTART 002.0 009.0 0 NM 1911 ***

2. No county shall be required to pay any portion of the debt of any other county so assumed by
the
State, and the bonds of Grant and Santa Fe Counties, which were validated, approved, and
confirmed
by act of Congress of January sixteenth, eighteen hundred and ninety-seven, shall be paid as
hereinafter
provided.

*** SEND ***
*** SSTART 003.0 009.0 0 NM 1911 ***

3. The bonds authorized by law to provide for the payment of such indebtedness shall be issued
in three
series, as follows:
Series A. To provide for the payment of such debts and liabilities of the Territory of New
Mexico.
Series B. To provide for the payment of such debts of said counties.
Series C. To provide for the, payment of the bonds and accrued interest thereon of Grant and
Santa.
Fe Counties, which were validated, approved, and confirmed by act of Congress January
sixteenth,
eighteen hundred and ninety-seven.

*** SEND ***
*** SSTART 004.0 009.0 0 NM 1911 ***

4. The proper officers of the State shall, as soon as practicable, select and locate the one million.
acres
of land granted to the State by Congress for the payment of the said bonds of Grant and Santa Fe
Counties, and sell the same or sufficient thereof to pay the interest and principal of the bonds of
series
C issued as provided in section three hereof. The proceeds of rentals and sales of 
said land shall be kept in a separate fund and applied to the payment of the interest and principal
of the
bonds of series C. Whenever there is not sufficient money in said fund to meet the interest and
sinking
fund requirements therefor, the deficiency shall be paid out of any funds of the State not
otherwise
appropriated, and shall be repaid to the State or to the several counties which may have furnished
any
portion thereof under a general levy, out of the proceeds subsequently received of rentals and
sales of
said lands.
Any money received by the State from rentals and sales of said lands in excess of the amounts
required
for the purposes above mentioned shall be paid into the current and permanent school funds of
the
State, respectively.

*** SEND ***
*** SSTART 005.0 009.0 0 NM 1911 ***

5. The legislature shall never enact any law releasing any county, or any of the taxable property
therein,
from its obligation to pay to the State any moneys expended by the State by reason of its
assumption or
payment of the debt of such county.

*** SEND ***
*** SSTART 006.0 009.0 0 NM 1911 ***

6. No law shall ever be, passed by the legislature validating or legalizing, directly or indirectly,
the militia
warrants alleged to be outstanding against the Territory of New Mexico, or any portion thereof;
and no
such warrant shall be prima facie or conclusive evidence of the validity of the debt purporting to
be
evidenced thereby or by any other militia warrant. This provision shall not be construed as
authorizing
any suit against the State.

*** SEND ***
*** SSTART 007.0 009.0 0 NM 1911 ***

7. The State may borrow money not exceeding the sum of two hundred thousand dollars in the
aggregate to meet casual deficits or failure in revenue or for necessary expenses. The State may
also
contract debts to suppress insurrection and to provide for the public defense.

*** SEND ***
*** SSTART 008.0 009.0 0 NM 1911 ***

8. No debt other than those specified in the preceding section shall be contracted by or on behalf
of this
State, unless authorized by law for some specified work or object, which law shall provide for an
annual tax levy sufficient to pay the interest and to provide a sinking fund to pay the principal of
such
debt within fifty years from the time of the contracting thereof. No such law shall tale effect until
it shall
have been submitted to the qualified electors of the State and have 
received a majority of all the votes cast thereof at a general election; such law shall be published
in full
in at least one newspaper in each county of the State, if one be published therein, once each
week, for
four successive weeks next preceding such election. No debt shall be so create if the total
indebtedness
of the State, exclusive of the debts of the Territory, and the several counties thereof, assumed by
the
State, would t hereby be made to exceed one per centum of the assessed valuation f all the
property
subject to taxation in the State as shown by the receding general assessment.

*** SEND ***
*** SSTART 009.0 009.0 0 NM 1911 ***

9. Any money borrowed by the State, or any county, district, or municipality thereof, shall be
applied to
the purpose for which it was obtained, or to repay such loan and to no other purpose whatever.

*** SEND ***
*** SSTART 010.0 009.0 0 NM 1911 ***

10. No county shall borrow money except far the purpose of erecting necessary public buildings
o
constructing or repairing public roads and bridges, and in such cases only after the proposition to
create
such debt shall have been submitted to the qualified electors of the county who paid a property
tax
therein during the preceding year and approved by a majority of those voting thereon. No bonds
issued
for such purpose shall run for more than fifty years.

*** SEND ***
*** SSTART 011.0 009.0 0 NM 1911 ***

11. No school district shall borrow money, except for the purpose of erecting and furnishing
school
buildings or purchasing school. grounds, and in such cases only when the proposition to create
the debt
shall have been submitted to the qualified electors of the district and approved by a majority of
those
voting thereon. No school district shall ever become indebted in amount 
exceeding six per centum on the assessed valuation of the taxable property within such school
district,
as shown by the preceding ding general assessment.

*** SEND ***
*** SSTART 012.0 009.0 0 NM 1911 ***

12. No city, town, or village shall contract any debt except by an ordinance, which shall be
irrepealable
until the indebtedness therein provided for shall have bee fully paid or discharged, and which
shall
specify the purposes to which the funds to be raised shall be applied, and which shall provide or
the
levy of a tax not exceeding twelve mills on the dollar upon all taxable property within such city,
town, or
village, sufficient to pay l the interest on, and to extinguish the principal of, such debt within fifty
years.
The proceeds of such tax shall be applied only to h payment of such interest. and principal. No
such
debt shall. be created unless the question of incurring the same shall, at a regular election for
councilmen, aldermen, or other officers of such city town, or village, have been submitted to a
vote of
such qualified electors hereof as have paid a property tax therein during the preceding year , and
a
majority of those voting on the question, by ballot deposited in a separate ballot box, shall have
voted in
favor of creating such debt.

*** SEND ***
*** SSTART 013.0 009.0 0 NM 1911 ***

13. No county, city, town, or village shall ever become indebted to an amount in the aggregate,
including existing indebtedness, exceeding four per centum on he value of the taxable property
within
such county, city, town, or village as shown by the last preceding assessment for State or count
axes;
and all bonds or obligations issued in excess of such amount hall be void: Provided, That, any
city,
town, or village may contract debts in excess of such limitation for the construction or purchase
of a
system for supplying water, tar of a sewer system for such city, town, or village.

*** SEND ***
*** SSTART 014.0 009.0 0 NM 1911 ***

14. Neither the State, nor any county, school district., or municipality, except as otherwise
provided in
this constitution, shall directly or indirectly lend or pledge its credit, or make any donation to or
in aid of
any person, association, or public or private corporation, or in aid of any private enterprise for the
construction of any railroad: Provided, Nothing herein shall be 
construed to prohibit the State or any county or municipality from making provision for the oars
and
maintenance of sick and indigent persons.
     
*** SEND ***
*** SSTART 015.0 009.0 0 NM 1911 ***

15. Nothing in this article shall be construed to prohibit the issue of bonds for the purpose, of
paying or
refunding any valid State, county, district, or municipal bonds, and it shall not be necessary to
submit
the question of the issue of such bands to. a vote as herein provided.

*** SEND ***
*** AEND ***
*** ASTART 010.0 NM 1911 ***
ARTICLE 10

*** SSTART 001.0 010.0 0 NM 1911 ***

1. The legislature shall, at its first session, classify the counties and fix salaries for all county 
officers, which shall also apply to those elected at the first election under this constitution. And
no
county officer shall receive to his own use any fees or emoluments other than the annual salary
provided
by law, and all fees earned by any officer shall be by him collected and paid into the treasury of
the
county.

*** SEND ***
*** SSTART 002.0 010.0 0 NM 1911 ***

2.  All county officers shall be elected for a term of four years, and no county officer, except the
county
clerk and probate judge, shall, after having served one full term, be eligible to hold any county
office for
four years thereafter.

*** SEND ***
*** SSTART 003.0 010.0 0 NM 1911 ***

3. No county seat, where them are county buildings, shall be removed unless three-fifths of the
votes
cast by qualified electors on the question of removal at an election called and held as now or
hereafter
provided by law be in favor of such removal. The proposition of removal shall not be submitted
in the
same county oftener than once in eight years.

*** SEND ***
*** AEND ***
*** ASTART 011.0 NM 1911 ***

ARTICLE 11

*** SSTART 001.0 011.0 0 NM 1911 ***

1. A permanent commission to consist of three members is hereby created, which shall be known
as the
"State corporation commission."

*** SEND ***
*** SSTART 002.0 011.0 0 NM 1911 ***

2.  The members of the commission shall be elected for the term of six years: Provided, That
those
chosen at the first election for State officers shall immediately qualify, and classify themselves by
lot, so
that one of them shall hold office until two years, one until four years, and one until six years
from and
after January first, nineteen hundred and thirteen; and thereafter one commissioner shall be
elected at
each general election.

*** SEND ***
*** SSTART 003.0 011.0 0 NM 1911 ***

3. No officer, agent, or employee of any railway, express, telegraph, telephone, sleeping car, or
other
transportation or transmission company, while representing such company, nor any person
financially
interested therein, shall hold office as a member of the ,commission, or perform any of the duties
thereof, and no commissioner shall be qualified to act upon any matter pending before the
commission,
in which he is interested, either as principal, agent, or attorney.

*** SEND ***
*** SSTART 004.0 011.0 0 NM 1911 ***

4. The commission shall annually elect one of its members chairman and shall have one clerk,
and such
other officers, assistants, and subordinates as may be prescribed by law, all of whom 
m shall be appointed and subject to removal by the commission. The commission shall prescribe
its
own rules of order and procedure, except so far as specified in this constitution. The attorney 
general of the State, or his legally authorized representative, shall be the attorney for the
commission.

*** SEND ***
*** SSTART 005.0 011.0 0 NM 1911 ***

5. The legislature shall provide suitable quarters for the commission and funds for its lawful
expenses,
including necessary traveling expenses, witness fees and mileage and costs of executing process,
issued
by the commission or the supreme court or the district courts.  The salary of each commissioner
shall be
three thousand dollars per annum, payable quarterly.

*** SEND ***
*** SSTART 006.0 011.0 0 NM 1911 ***

6. Subject to the provisions of this constitution, and of such requirements, rules, and regulations
as may
be prescribed by law, the State corporation commission shall be the department of government
through
which shall be issued all charters for domestic corporations and amendments or extensions
thereof, and
all licenses to foreign corporations to do business in this State; and through which shall be
carried out all
the provisions of this constitution relating to corporations and the laws made in pursuance
thereof. The
commission shall prescribe the form of all reports which may be required of corporations by this
constitution or by law, and shall collect, receive, and preserve such reports, and annually tabulate
and
publish them. All fees required by law to be paid for the filing of articles of incorporation,
reports, and
other documents shall be collected by the commission and paid into the State treasury, All
charters,
papers, and documents relating to corporations on file in the office of the secretary of the
Territory, the
commissioner of insurance, and all other Territorial offices shall be transferred to the office of
the
commission.


*** SEND ***
*** SSTART 007.0 011.0 0 NM 1911 ***

7. The commission shall have power, and be charged with the duty of fixing, determining,
supervising,
regulating, and controlling all charges and rates of railway, express, telegraph, telephone,
sleeping car,
and other transportation and transmission companies and common 
carriers within the State; to require railway companies to provide and maintain adequate depots,
stock
pens, station buildings, agents, and facilities for the accommodation of passengers and for
receiving and
delivering freight and express; and to provide and maintain necessary crossings, 
culverts, and sidings upon and alongside of their roadbeds whenever in the judgment of the
commission
the public interests demand, and as may be reasonable and just. The commission shall also have
power
and be charged with the duty to make and enforce reasonable and just rules requiring the
supplying of
cars and equipment for the use of shippers and passengers, and to require all intrastate railways,
transportation companies, or common carriers to provide such reasonable safety appliances in
connection with all equipment as may be necessary and proper for the safety of its employees,
and the
public, and as are now and may be required by the Federal laws, rules, and regulations governing
interstate commerce. The commission shall have power to change or alter such rates, to change,
alter,
or amend its orders, rules, regulations, or 
determinations, and to enforce the same in the manner prescribed herein: Provided, That ill the
matter of
fixing rates of telephone and telegraph companies due consideration shall be given to the
earnings,
investment, and expenditure as a whole within tile State. The commission shall have power to
subpoena
witnesses and enforce. their attendance before the commission through 
any district courts or the supreme court of the State, and through such court to punish for
contempt, and
it shall have power, upon a. hearing, to determine and decide any question given to it herein, arid
in
case of failure or refusal. of any person, company, or corporation to comply 
with any order within the time limit therein, unless an order of removal shall have been taken
from such
order by the company or corporation to the supreme court of this State, it shall immediately
become the
duty of the commission to remove such order, with the evidence adduced upon the hearing, with
the
documents in the case, to the supreme court of this State. Any company, corporation, or common
carrier which does not comply with the order of the commission within the dine limited therefor
may file
with the commission a petition to remove such cause to the supreme court, and in the event of
such
removal by the company, corporation, of common carrier or other party to such hearing, the
supreme
court may, upon application, in its discretion or of its own motion, require or authorize additional
evidence to be taken in such cause, but in the event of removal by the commission, upon failure
of the
company, corporation, or common carrier,. no additional evidence shall be allowed. The supreme
court, for the consideration of such causes arising hereunder, shall be in session at all times and
shall
give precedence to such causes. Any party to such hearing before the commission shall have the
same
right to remove the order entered therein to the supreme court of the State as given under the
provisions
hereof to the company or corporation against which such order is directed.
In addition to the other powers vested in. the supreme court by this constitution and tile laws of
the
State, the sold court shall have the power, and it shall be its duty, to decide such cases on their
merits
and Carry into effect its judgments. Orders, and decrees made in such cases by 
fine, forfeiture, mandamus, injunction, and contempt or any other appropriate proceedings.

*** SEND ***

*** SSTART 008.0 011.0 0 NM 1911 ***

8. The commission shall determine no question nor issue arty order in relation to the matters
specified in
the preceding section until after a public hearing held upon ten days notice to the parties
concerned,
except in case of default after such notice.

*** SEND ***
*** SSTART 009.0 011.0 0 NM 1911 ***

9. It is hereby made the duty of the commissioners to exercise constant. diligence in informing
themselves of the rates and charges of transportation and transmission companies and common
carriers
engaged in the transportation of passengers and property from points in this State to points
beyond its
limits, and from points in other States to points in this State; and, whenever it shall come to the
knowledge of the commission by complaint or in any other manner that, the rate charged by any
transportation or transmission company or common carrier on interstate business is unjust,
excessive, or
unreasonable, or that such rates discriminate against the citizens of the State, and in the judgment
of the
commission such complaint is well founded and the public welfare involved, the commission
shall
institute and prosecute to a final determination before the Interstate Commerce Commission or
commerce court, or any lawful authority having jurisdiction in the premises, such proceedings as
it stay
deem expedient to obtain such relief as conditions may require.

*** SEND ***
*** SSTART 010.0 011.0 0 NM 1911 ***

10. No transportation or transmission company of common carrier shall charge or receive any
greater
compensation, in the aggregate, for the transportation as intrastate commerce, of passengers, or a
like
kind of property, or for the transmission of the same kind of message, between points in this
State, for a
shorter than a longer distance, over the same line or route in the same direction, the shorter being
included within the longer distance; but this section shall not be construed as authorizing any
such
company or common carrier to charge or receive as, great compensation for a shorter as for a
longer
distance: Provided, That telegraph and telephone 
companies may in certain cases, with the approval of the commission, base their charges upon
the air-
line distances instead of the distances actually traveled by the messages. The commission may
from time
to time authorize any such company or common carrier to disregard the foregoing provisions of
this
section, by charging such rates as the commission may prescribe as just and equitable between
such
company or common carrier and the public, to or from any junction or competitive points, or
localities,
or where the competition of points located without or within this State may necessitate the
prescribing
of special rates for the protection of the commerce of this State, or in cases of general epidemics,
pestilence, calamitous visitations, and other exigencies. 
This section shall not apply to mileage tickets or to special excursion or commutation rates; or to
special
rates for services rendered in the interest of any public or charitable object, when such tickets or
rates
shall have been prescribed or authorized by the commission, nor shall it apply to special rates for
services rendered to the United States or this State.


*** SEND ***
*** SSTART 011.0 011.0 0 NM 1911 ***
     
11. The commission shall have the right at all times to in the books, papers, and records of all
such
companies and common carriers doing business in this State, and to require from such companies
and
common carriers from time to time. special report tend statements, under oath, concerning their
business. The commissioners shall have tile power to administer oaths and to 
certify to their official acts.

*** SEND ***
*** SSTART 012.0 011.0 0 NM 1911 ***

12. No corporation in existence at the time of the adoption of this constitution shall leave the
benefit of
any future legislation, nor shall ally amendment or extension to its charter be granted, until such
corporation shall have filed in the office of the commission an acceptance of the provisions of
this
constitution: Provided, however, That whether or not they file such acceptance, such corporations
shall
be subject to the provisions of this constitution and the laws of this State.

*** SEND ***

GENERAL PROVISIONS

*** SSTART 013.0 011.0 0 NM 1911 ***

13. The legislature shall provide for the organization of corporations by general law. All laws 
relating to corporations may be altered, amended, or repealed by the legislature, at any time,
when
necessary for the public good and general welfare, and all corporations, doing business in this
State,
may, as to such business. be regulated, limited, or restrained by laws not in conflict with the
Constitution
of the United States or of this constitution.

*** SEND ***
*** SSTART 014.0 011.0 0 NM 1911 ***

14. The police power of this State is supreme over all corporations as well as individuals.
     
*** SEND ***
*** SSTART 015.0 011.0 0 NM 1911 ***

15. Every railroad, car, or express company shall, respectively, receive and transport, without
delay or
discrimination, each other's cars, tonnage, or passengers under such rules and regulations as may
be
prescribed by the commission.

*** SEND ***
*** SSTART 016.0 011.0 0 NM 1911 ***

16. All telephone and telegraph lines, operated for hire, shall receive and transmit each other's
messages without delay or discrimination, and make and maintain connections with each other's
lines,
under such rules and regulations as may be prescribed by the commission.

*** SEND ***
*** SSTART 017.0 011.0 0 NM 1911 ***

17. Any railroad corporation or association organized for the purpose shall have the right to 
construct and operate a railroad between any points within this State or elsewhere, and to connect
at
the State line or elsewhere with the railroads of other States; and, under such terms, order, or
permission as may be granted in each instance by the commission, shall have the right to cause
its road
to intersect, connect with, or cross any other railroad.

*** SEND ***
*** SSTART 018.0 011.0 0 NM 1911 ***

18. The right of eminent domain shall never be so abridged or construed as to prevent the
legislature
from taking the property and franchises of incorporated companies and subjecting them to the
public
use, the same as the property of individuals.

*** SEND ***
*** AEND ***
*** ASTART 012.0 NM 1911 ***

ARTICLE 12

*** SSTART 001.0 012.0 0 NM 1911 ***

1. A uniform system of free public schools sufficient for the education of, and open to, all the 
children of school age in the State shall be established and maintained.

*** SEND ***
*** SSTART 002.0 012.0 0 NM 1911 ***

2. The permanent school fund of the State shall consist of the proceeds of sales of sections two, 
sixteen, thirty-two, and thirty-six in each township of the State, or the lands selected in lieu
thereof; the
proceeds of sales of all lands that have been or may hereafter be granted to the State not
otherwise
appropriated by the terms and conditions of the grant; such. portion of the proceeds of sales of
lands of
the United States within the State as has been or may be granted by Congress; also all other
grants,
gifts, and devises made to the State, the purpose of which is not otherwise specified.

*** SEND ***
*** SSTART 003.0 012.0 0 NM 1911 ***

3. The schools, colleges, universities, and other educational institutions provided for by this 
constitution shall forever remain under the exclusive control of the State, and no part of the
proceeds
arising from the sale or disposal of any lands granted to the State by Congress, or any other funds
appropriated, levied; or collected for educational purposes, shall be used for the support of any
sectarian, denominational, or private school, college, or university.

*** SEND ***
*** SSTART 004.0 012.0 0 NM 1911 ***

4. All fines and forfeitures collected under general laws; the net proceeds of property that may
come to
the State by escheat; the rentals of all school lands and other lands granted to the State, the
disposition
of which is not otherwise provided for by the terms of the grant or by act of Congress; and the
income
derived from the permanent school fund; shall constitute the current school fund of the State. The
legislature shall provide for the levy and collection of an annual tax upon all taxable property in
the State
for the maintenance of the public schools, the proceeds of such tax levy to be added to the current
school fund above provided for. The current school fund shall be distributed among the school
districts
of the State in the proportion that the number of children of school age in each district bears to
the total
number of such children in the State, and shall provide for the levy and collection of additional
local
taxes for school purposes. A public school shall be maintained for at least five months in each
year in
every school district in the State.
Before making the distribution above provided for, there shall be taken from the current school
fund as
above created, a. sufficient reserve to be distributed among school districts in which the proceeds
of the
annual local tax, when levied to the limit allowed by law, plus the regular quota of current school
funds
allotted to said district, shall not be sufficient for the maintaining of a school for the full period of
five
months, and this reserve fund shall be so distributed among such districts as to enable each
district to
hold school for the said period.

*** SEND ***
*** SSTART 005.0 012.0 0 NM 1911 ***

5. Every child of school age and of sufficient physical and mental ability shall be required to
attend a
public or other school during such period and for such time as may be prescribed by law.

*** SEND ***
*** SSTART 006.0 012.0 0 NM 1911 ***

6. A State board of education is hereby created, to consist of seven members. It shall have the
control,
management, and direction of all public schools, under such regulations as may be provided by
law.
The governor and the State superintendent of public instruction shall be ex officio members of
said
board and the remaining five members shall be appointed by the governor, by and with the
consent of
the senate; and shall include the head of some State educational institution, a county
superintendent. of
schools, and one other person actually connected with educational work. The legislature may
provide
for district or other school officers, subordinate 
to said board.
*** SEND ***
*** SSTART 007.0 012.0 0 NM 1911 ***

7. The principal of the permanent school fund shall be invested in the bonds of the State or
Territory of
New Mexico, or of any county, city, town, board of education, or school district therein. The
legislature
may by three-fourths vote of the members elected to each house 
provide that said funds may be invested in other interest bearing securities. All bonds or other
securities
in which any portion of the school fund shall be invested must be first approved by the governor,
attorney general, and secretary of state. All losses from such funds, however occurring, shall be
reimbursed by the State.

*** SEND ***
*** SSTART 008.0 012.0 0 NM 1911 ***

8. The legislature. shall provide for the training of teachers in the normal schools or otherwise, so
that
they may become proficient in both the English and Spanish languages, to qualify them to teach
Spanish
speaking pupils and students in the public schools and educational institutions of the State, and
shall
provide proper means and methods to facilitate the teaching of the English language and other
branches
of learning to such pupils and students.

*** SEND ***
*** SSTART 009.0 012.0 0 NM 1911 ***

9. No religious test shall ever be required as a condition of admission into the public schools or
any
educational institution of this State, either as a teacher or student, and no teacher or student of
such
school or institution shall ever be required to attend or participate in any religious service
whatsoever.

*** SEND ***
*** SSTART 010.0 012.0 0 NM 1911 ***

10. Children of Spanish descent in the State of New Mexico shall never be denied the right and
privilege of admission and attendance in the public schools or other public educational
institutions of 

*** SEND ***


*** SSTART 011.0 012.0 0 NM 1911 ***

[missing original text as of 9/13/02, will get soon]

*** SEND ***

*** SSTART 012.0 012.0 0 NM 1911 ***

[missing original text as of 9/13/02, will get soon]

*** SEND ***
*** SSTART 013.0 012.0 0 NM 1911 ***

[missing original text as of 9/13/02, will get soon]

*** SEND ***
*** SSTART 014.0 012.0 0 NM 1911 ***

[missing original text as of 9/13/02, will get soon]

*** SEND ***
*** SSTART 015.0 012.0 0 NM 1911 ***

[missing original text as of 9/13/02, will get soon]

*** SEND ***


??? There are missing sections from page 35 of the New Mexico Constitution, this material
includes the
end of article 12 and the beginning of article 13 ??

*** AEND ***
*** ASTART 013.0 NM 1911 ***
Article XIII


*** SSTART 001.0 013.0 0 NM 1911 ***

[missing text]  

next after the admission of New Mexico as a State for less than ten dollars per acre.

     
*** SEND ***
*** SSTART 002.0 013.0 0 NM 1911 ***

11. The commissioner of public lands shall select, locate, classify, and have the direction,
control, care,
and disposition of all public lands, under the provisions of the acts of Congress relating thereto
and such
regulations as may be provided by law.
     
*** SEND ***
*** AEND ***
*** ASTART 014.0 NM 1911 ***
ARTICLE 14

*** SSTART 001.0 014.0 0 NM 1911 ***

1.  The penitentiary, at Santa Fe; the Miner Hospital of New Mexico, at Raton; the New Mexico
Insane Asylum, at Las Vegas; and the New Mexico Reform School, at Springer, are hereby
confirmed
as State institutions.

*** SEND ***
*** SSTART 002.0 014.0 0 NM 1911 ***

2. All lands which have been or which may be granted to the State by Congress for the purpose
of said
several institutions are hereby accepted for said several institutions with all other grants,
donations, or
devises for the benefit of the same and shall be exclusively used for the purpose for which they
were or
may be granted, donated, or devised.

*** SEND ***
*** SSTART 003.0 014.0 0 NM 1911 ***

3. Each of said institutions shall be under the control and management of a board whose title,
duties,
and powers shall be as may be provided by lazy. Each of said boards shall be composed of five
members, who shall hold office for the term of four years, and shall be appointed by the
governor, by
and with the consent of the senate, and not more than three of whom shall belong to 
the same political party at the time of their appointment.

*** SEND ***
*** AEND ***
*** ASTART 015.0 NM 1911 ***

ARTICLE 15

*** SSTART 001.0 015.0 0 NM 1911 ***

1. There shall be a department of agriculture, which shall be under the control of the board of
regents of
the College of Agriculture and Mechanic Arts; and the legislature shall provide lands and funds
necessary for experimental farming and demonstrating by said department.

*** SEND ***
*** SSTART 002.0 015.0 0 NM 1911 ***

2. The police power of the State shall extend to such control of private forest lands as shall be
necessary for the prevention and suppression of forest fires.

*** SEND ***
*** AEND ***
*** ASTART 016.0 NM 1911 ***

ARTICLE 16

*** SSTART 001.0 016.0 0 NM 1911 ***

1. All existing rights to the use of any waters in this State for any useful or beneficial purpose are
hereby
recognized and confirmed.

*** SEND ***
*** SSTART 002.0 016.0 0 NM 1911 ***

2. The unappropriated water of every natural stream, perennial or torrential, within the State of
New
Mexico, is hereby declared to belong to the public and to be subject to appropriation for
beneficial use,
in accordance with the laws of the State. Priority of appropriation shall give the better right. 

*** SEND ***
*** SSTART 003.0 016.0 0 NM 1911 ***

3. Beneficial use shall be the basis, the measure and the limit of the right to the use of water.

*** SEND ***
*** SSTART 004.0 016.0 0 NM 1911 ***

4. The legislature is authorized to provide by law for the organization and operation of drainage
districts
and systems.

*** SEND ***
*** AEND ***
*** ASTART 017.0 NM 1911 ***

ARTICLE 17

*** SSTART 001.0 017.0 0 NM 1911 ***

1. There shall be an inspector of mines, who shall be appointed by the governor, by and with the
advice
and consent of the senate, for a term of four years, and whose duties and salary shall be as
prescribed
by law.

*** SEND ***
*** SSTART 002.0 017.0 0 NM 1911 ***

2. The legislature shall enact laws requiring the proper ventilation of mines, the construction and 
maintenance of escapement shafts or slopes, and the adoption and use of appliances necessary to
protect the health and secure the safety of employees therein. No children under the age of
fourteen
years shall be employed in mines.


*** SEND ***
*** AEND ***
*** ASTART 018.0 NM 1911 ***

ARTICLE 18

*** SSTART 001.0 018.0 0 NM 1911 ***

1. The militia of this State shall consist of all able-bodied male citizens between the ages of
eighteen and
forty-five except such as are exempt by laws of the United States or of this State. The organized
militia
shall be called the "National Guard of New Mexico," of which the governor shall be the
commander in
chief.

*** SEND ***
*** SSTART 002.0 018.0 0 NM 1911 ***

2. The legislature shall, provide for the organization, discipline and equipment of the militia,
which shall
conform as nearly as practicable to the organization, discipline, and equipment, of the Regular
Army of
the United States, and shall provide for the maintenance thereof.

*** SEND ***
*** AEND ***
*** ASTART 019.0 NM 1911 ***

ARTICLE 19

*** SSTART 001.0 019.0 0 NM 1911 ***

1. Any amendment or amendments to this constitution may be proposed in either house of the
legislature at any regular session thereof, and if two-thirds of all members elected to each of the
two
houses voting separately, shall vote in favor thereof, such proposed amendment or amendments
shall be
entered on their respective journals with the yeas and nays thereon; or any amendment or
amendments
to this constitution may be proposed at the first regular session of the legislature held after the
expiration
of two years from the time this constitution goes into effect, or at the regular session of the
legislature
convening each eighth year thereafter, and if a majority of all the members elected to each of the
two
houses voting separately at said sessions shall vote in favor thereof, such proposed amendment or
amendments shall be entered on their respective journals with the yeas and nays thereon. 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, the last publication to be not less than two weeks prior to the next general election, at
which
time the said amendment or amendments shall be submitted to the electors of the State for their
approval or rejection.
If the same be ratified by a majority of the electors voting thereon and by an affirmative vote
equal to at
least forty per centum of all the votes cast at said election in the State and in at least one-half of
the
counties thereof, then, and not otherwise, such amendment or amendments shall become part of
this
constitution. Not more than three amendments shall be submitted at one election and if two or
more
amendments are proposed, they shall be so submitted as to enable the electors to vote on each of
them
separately; provided, that no amendment shall apply to or affect the provisions of sections one
and
three of article seven hereof on elective franchise and sections eight and ten of article twelve
hereof on
education unless it be proposed by vote of three-fourths of the members elected to each house.

*** SEND ***
*** SSTART 002.0 019.0 0 NM 1911 ***

2. Whenever, during the first twenty-five years after the adoption of this constitution the
legislature by a
three-fourths vote of the members elected to each house, or after the expiration of said period of
said
twenty-five years by a two-thirds vote of the members elected to each house, shall deem it
necessary to
call a convention to revise or amend this constitution, they shall submit the question of calling
such
convention to the electors at the next general election, and if a majority of all the electors voting
at said
election in the State and in at least one-half of the counties thereof shall vote in favor of calling a
convention, the legislature shall at the next session provide by law for calling the same. Such
convention
shall consist of at least as many delegates as there are members of the house of representatives.
The constitution adopted by such convention shall have no validity until it has been submitted to
and
ratified by the people.

*** SEND ***
*** SSTART 003.0 019.0 0 NM 1911 ***

3. 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.

*** SEND ***
*** SSTART 004.0 019.0 0 NM 1911 ***

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 21 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.      

*** SEND ***
*** SSTART 005.0 019.0 0 NM 1911 ***

5. The provisions of section one of this article shall not be changed, altered, or abrogated in any 
manner except through a general convention called to revise this constitution as herein provided.

*** SEND ***
*** AEND ***
*** ASTART 020.0 NM 1911 ***

ARTICLE 20

*** SSTART 001.0 020.0 0 NM 1911 ***

1. Every person elected or appointed to any office shall, before entering upon his duties, tale and 
subscribe to, an oath or affirmation that he will support the Constitution of the United States and
the
constitution and laws of this State, and that he will faithfully and impartially discharge the duties
of his
office to the best of his ability.

*** SEND ***
*** SSTART 002.0 020.0 0 NM 1911 ***

2. Every officer, unless removed, shall hold his office until his successor has duly qualified.

*** SEND ***
*** SSTART 003.0 020.0 0 NM 1911 ***

3. The term of office of every State, county, or district officer, except those elected at the first 
election held under this constitution and those elected to fill vacancies, shall commence on the
first day
of January next after his election.

*** SEND ***
*** SSTART 004.0 020.0 0 NM 1911 ***

4. If a vacancy occur in the office of district attorney, judge of the supreme or district court, or 
county commissioner, the governor shall fill such vacancy by appointment, and such appointee
shall
hold such office until the next general election. His successor shall be chosen at such election
and shall
hold his office until the expiration of the original term.

*** SEND ***
*** SSTART 005.0 020.0 0 NM 1911 ***

5. If, while the senate is not in session, a vacancy occur in any office the incumbent of which was
appointed by the governor by and with the advice and consent of the senate, the governor shall
appoint
some qualified person to fill the same until the next session of the senate, and shall then appoint
by and
with the advice and consent of the senate some qualified person to fill said office for the period
of the
unexpired term.

*** SEND ***
*** SSTART 006.0 020.0 0 NM 1911 ***

6. General elections shall be held in the State on the Tuesday after the first Monday in November
in
each even-numbered year.

*** SEND ***
*** SSTART 007.0 020.0 0 NM 1911 ***

7. The returns of all elections for officers who are chosen by the electors of more than one county
shall
be canvassed by the county canvassing board of each county as to the vote within their respective
counties. Said board shall immediately certify the number of votes received by each candidate for
such
office within such county to the State canvassing board herein established, which shall canvass
and
declare the result of the election.

*** SEND ***
*** SSTART 008.0 020.0 0 NM 1911 ***

8. In the event that New Mexico is admitted into the Union as a State prior to the Tuesday next
after
the first Monday in November in the year nineteen hundred and twelve, and if no provision has
been
made by the State legislature therefor, an election shall be held in the State on the said Tuesday
next
after the first Monday in November, nineteen hundred and twelve, for the election of presidential
electors; and such election shall be held as herein provided for the election upon the ratification
of this
constitution, and the returns thereof made to and canvassed and certified by the State canvassing
board
as herein provided in case of the election of State officers.

*** SEND ***
*** SSTART 009.0 020.0 0 NM 1911 ***

9. No officer of the State who receives a salary, shall accept or receive to his own use any
compensation, fees, allowance, or emoluments for or on account of his office, in any form
whatever,
except the salary provided by law.

*** SEND ***
*** SSTART 010.0 020.0 0 NM 1911 ***

10. The legislature shall enact suitable laws for the regulation of the employment of children.

*** SEND ***
*** SSTART 011.0 020.0 0 NM 1911 ***

11. Women may hold the office of notary public and such other appointive offices as may be
provided
by law.

*** SEND ***
*** SSTART 012.0 020.0 0 NM 1911 ***

12. For the first twenty years after this constitution goes into effect all laws passed by the
legislature
shall be published in both the English and Spanish languages and thereafter such publication
shall be
made as the legislature may provide.

*** SEND ***
*** SSTART 013.0 020.0 0 NM 1911 ***

13. The use of wines solely for sacramental purposes under church authority at any place within
the
State shall never be prohibited.

*** SEND ***
*** SSTART 014.0 020.0 0 NM 1911 ***

14. It shall not be lawful for the governor, any member of the State board of equalization, any
member
of the corporation commission, any judge of the supreme or district court, any district .attorney,
any
county commissioner or any county assessor, during his term of office to accept, hold, or use any
free
pass; or purchase, receive, or accept transportation over any railroad within 
this State fox himself or his family upon terms not open to the general public; and any person
violating
the provisions hereof shall, upon conviction in a court of a competent jurisdiction, be punished as
provided in section thirty-seven and forty of the article on legislative department in this
constitution.

*** SEND ***
*** SSTART 015.0 020.0 0 NM 1911 ***

15. The penitentiary is a reformatory and an industrial school, and all persons confined therein 
shall, so far as consistent with discipline and the public interest, be employed in some beneficial 
industry; and where a convict has a dependent family, his net earnings shall be paid to said
family if
necessary for their support.

*** SEND ***
*** SSTART 016.0 020.0 0 NM 1911 ***

16. Every person, receiver, or corporation owning or operating a railroad within this State shall
be
liable in damages for injury to, or the death of, any person in its employ, resulting from the
negligence, in
whole or in part, of said owner or operator, or of any of the officers, agents or employees thereof,
or
by reason of any defect or insufficiency, due to its negligence, in whole or in part, in its cars,
engines,
appliances, machinery, track, road-bed works, or other equipment.
An action for negligently causing the death of an employee as above provided shall be
maintained by
the executor or administrator for the benefit of the employee's surviving widow or husband and
children; or if none, then his parents; or if none, then the next of kin dependent upon said
deceased. The
amount recovered may be distributed as provided by law. Any contract or agreement made in
advance
of such injury with any employee waiving or limiting any right to recover such damages shall be
void.
This provision shall not be construed to affect the provisions of section two of article twenty-two
of this
constitution, being the article upon schedule.

*** SEND ***
*** SSTART 017.0 020.0 0 NM 1911 ***

17. There shall be a uniform system of textbooks for the public schools which shall not be
changed
more than once in six years.

*** SEND ***
*** SSTART 018.0 020.0 0 NM 1911 ***

18. The leasing of convict labor by the State is hereby prohibited.

*** SEND ***
*** SSTART 019.0 020.0 0 NM 1911 ***

19. Eight hours shall constitute a day's work in all cases of employment by and on behalf of the
State or
any county or municipality thereof.

*** SEND ***
*** SSTART 020.0 020.0 0 NM 1911 ***

20. Any person held by a committing magistrate to await the action of the grand jury on a charge
of
felony or other infamous crime, may in open court with the consent of the court and the district
attorney
to be entered upon the record, waive. indictment and plead to an information in the form of an
indictment filed by the district attorney, and further proceedings shall then be had upon said
information
with like force and effect as though it were an indictment duly returned by the grand jury.

*** SEND ***
*** AEND ***
*** ASTART 021.0 NM 1911 ***

ARTICLE 21

In compliance with the requirements of tine act, of  Congress entitled "An act to enable the
people of
New Mexico to form a constitution and State government and be admitted into the Union on an
equal
footing with the original States; and to enable the, people of Arizona to form a constitution and
Suite
government and be admitted into the Union on an equal footing with the original States,"
approved June
twentieth, nineteen hundred and ten, it is hereby provided:

*** SSTART 001.0 021.0 0 NM 1911 ***

1. Perfect toleration of religious sentiment shall be secured, and no inhabitant. of this State shall
ever be
molested in person or property on account of his or her mode of religious worship. Polygamous
or
plural marriages, polygamous cohabitation, and the sale, barter, or giving of intoxicating liquors
to
Indians, the introduction of such liquors into the Indian country, which term shall also include all
lands
owned or occupied by the Pueblo Indians of New Mexico on the twentieth day of June, nineteen
hundred and ten, or which are occupied by them at the time of the admission of New Mexico as a
State, are forever prohibited.

*** SEND ***
*** SSTART 002.0 021.0 0 NM 1911 ***

2. The people inhabiting this State do agree and declare that they forever disclaim all right and
title to
the unappropriated and ungranted public lands lying within the boundaries thereof, and to all
lands lying
within said boundaries owned or held by any Indian or Indian tribes, the right or title to which
shall have
been acquired through the United States, or any prior sovereignty; and 
that until the title of such Indian or Indian tribes shall have been extinguished, the same shall be
and
remain subject to the disposition and under the absolute jurisdiction and control of the Congress
of the
United States; that the lands and other property belonging to citizens of the United States residing
without this State shall never be taxed at a higher r ate than the lands and other property
belonging to
residents thereof; that no taxes shall be imposed by this State upon lands or property therein
belonging
to or which may hereafter be acquired by the United States or reserved for its use; but nothing
herein
shall preclude this State from taxing as other lands and property are taxed any lands and other
property
outside of an Indian reservation, owned or held by any Indian, nave and except such lands as
have
been granted or acquired as aforesaid, or as may be granted or confirmed to any Indian or Indians
under any act of Congress; but all such lands shall be exempt from taxation by this State so long
and to
such extent as the Congress of the United States has prescribed or may hereafter prescribe.

*** SEND ***
*** SSTART 003.0 021.0 0 NM 1911 ***

3. The debts and liabilities of the Territory of New Mexico, and the debts of the counties thereof,
which
were valid and subsisting on the twentieth day of June, nineteen hundred and ten, are hereby
assumed
and shall be paid by this State; and this State shall, as to all such debts and liabilities, be
subrogated to
all the rights, including rights of indemnity and reimbursement, existing in favor of said Territory
or of
any of the several counties thereof on said date. Nothing in this article shall be construed as
validating or
in any manner legalizing any Territorial, county, municipal, or other bonds, warrants, obligations,
or
evidences of indebtedness of, or claims against, said Territory or any of the counties or
municipalities
thereof, which now are or may be at the time this State is admitted, invalid and illegal; nor shall
the
legislature of this State pass any law in any manner validating or legalizing the same.

*** SEND ***
*** SSTART 004.0 021.0 0 NM 1911 ***

4. Provision shall be made for the establishment and maintenance of a system. of public schools
which
shall be open to all the children of the State and free from sectarian control, and said schools
shall
always be conducted in English.

*** SEND ***
*** SSTART 005.0 021.0 0 NM 1911 ***

5. This State shall never enact any law restricting or abridging the right of suffrage on account of
race,
color, or previous condition of servitude; and in compliance with the requirements of the said act
of
Congress it is hereby provided that ability to read, write, speak, and understand the English
language
sufficiently well to conduct the duties of the office without the aid of an interpreter, shall be a
necessary
qualification for all State officers and members of the State legislature. 

*** SEND ***
*** SSTART 006.0 021.0 0 NM 1911 ***

6. The capital of this State shall, until changed by the electors eating at an election provided for
by the
legislature of this State for that purpose, be at the city of Santa. Fe, but no such election shall be
called
or provided for prior to the thirty-first. day of December, nineteen hundred and twenty-five.

*** SEND ***
*** SSTART 007.0 021.0 0 NM 1911 ***

7. There are hereby reserved to the United States, with full acquiescence of the people of this
State, all
rights and powers for the. carrying out of the provisions by the United States of the act of
Congress
entitled, "An act appropriating the receipts from the sale and disposal of public lands in certain
States
and Territories to the construction of irrigation works for the reclamation of arid lands,"
approved June
seventeenth, nineteen hundred and two, and acts, amendatory thereof or supplementary thereto,
to the
same extent as if this State had remained a Territory.

*** SEND ***
*** SSTART 008.0 021.0 0 NM 1911 ***

8. Whenever hereafter any of the lands contained within Indian reservations or allotments in this
State
shall be allotted, sold, reserved, or otherwise disposed of, they shall be subject for a period of
twenty-
five years after such allotment, sale, reservation, or other disposal, to all the laws of the United
States
prohibiting the introduction of liquor into the Indian country; and the term "Indian" and "Indian
country"
shall include the Pueblo Indians of New Mexico and the lands owned or occupied by them on the
twentieth day of June, nineteen hundred and ten, or which are occupied by them at the time of the
admission of New Mexico as a State.

*** SEND ***
*** SSTART 009.0 021.0 0 NM 1911 ***

9. This State and its people consent to all and singular the provisions of the said act of Congress
approved June twentieth, nineteen hundred and ten, concerning the lands by said act granted or
confirmed to this State, the terms and conditions upon which said grants and confirmations were
made,
and the means and manner of enforcing such terms and conditions, all in every respect 
and particular as in said act provided. 

*** SEND ***
*** SSTART 010.0 021.0 0 NM 1911 ***

10. This ordinance is irrevocable without the consent of the United States and the people of this
State,
and no, change or abrogation of this ordinance, in whole or in part, shall be made by any
constitutional
amendment without the consent of Congress.

*** SEND ***
*** AEND ***
*** ASTART 022.0 NM 1911 ***

ARTICLE 22

That no inconvenience may arise by reason of the change from a Territorial to a State form of
government, it is declared and ordained

*** SSTART 001.0 022.0 0 NM 1911 ***

1. This constitution shall take effect and be in full force immediately upon the admission of New
Mexico
into the Union as a State.

*** SEND ***
*** SSTART 002.0 022.0 0 NM 1911 ***

2. Until otherwise provided by law, the act of Congress of the United States, entitled, "An act
relating
to liability of common carriers, by railroads to their employees in certain cases," approved April
22,
1908, and all acts amendatory thereof, shall be and remain in force in this State to the same
extent that
they have been in farce in the Territory of New Mexico.

*** SEND ***
*** SSTART 003.0 022.0 0 NM 1911 ***

3. Until otherwise provided by law, the act of Congress entitled, "An act for the protection of the
lives
of miners," approved March 3, 1891, and all acts amendatory thereof, shall be and remain in
force in
this State to the same extent that they have been in farce in the Territory of New Mexico; the
words
"governor of the State" are hereby substituted for the words "governor of such organized
Territory,"
and for the words "secretary of the interior" wherever the same appear in said acts; and the chief
mine
inspector for the Territory of New Mexico, appointed by the President of the United States, is
hereby
authorized to perform the duties prescribed by said acts until superseded by the "inspector of
mines"
appointed y the governor, as elsewhere provided by the constitution, and he shall receive the
same
compensation from the State as he receive from the United States.

*** SEND ***
*** SSTART 004.0 022.0 0 NM 1911 ***

4.  All laws of the Territory of New Mexico in force at, the time of its admission into the Union
as a
State, not inconsistent with this constitution, shall be and remain in force as the laws of the State
until
they expire by their own limitation or are altered or repealed; and all rights, actions, claims,
contracts,
liabilities, and obligations shall continue and remain unaffected by the change in the form of
government.

*** SEND ***
*** SSTART 005.0 022.0 0 NM 1911 ***

5. The pardoning power herein granted shall extend to all persons who have been convicted of
offenses
against the laws of the Territory of New Mexico.

*** SEND ***
*** SSTART 006.0 022.0 0 NM 1911 ***

6. All property, real and personal, and all moneys, credits. claims, and chows in action belonging
to the
Territory of New Mexico, shall become the property of this State; and all debts, taxes, fines,
penalties,
escheats, and forfeitures which have accrued or may accrue to said Territory shall inure to this
State.

*** SEND ***
*** SSTART 007.0 022.0 0 NM 1911 ***

7. All recognizances, bonds, obligations, and undertakings entered into or executed to the
Territory of
New Mexico, or to any county, school district, municipality, officer, or official board therein,
shall
remain valid according to the terms thereof, and may be sued upon and recovered by the proper
authority under the State law.

*** SEND ***
*** SSTART 008.0 022.0 0 NM 1911 ***

8. All lawful process, writs, judgments, decrees, convictions, and sentences issued, rendered, had,
or
pronounced, in force at the time of the admission of the State, shall continue and remain in force
to the
same extent as if the change of government had not occurred, and shall be enforced and executed
under the laws of the State.

*** SEND ***
*** SSTART 009.0 022.0 0 NM 1911 ***

9. All courts existing, and all persons holding offices or appointments under authority of said
Territory,
at the time of the admission of the State, shall continue to hold and exercise their respective
jurisdictions, functions, offices, and appointments until superseded by the courts, 
officers, or authorities provided for by this constitution.
Until otherwise provided by law, the seal of the Territory shall be used as the seal of the State,
and the
seals of the several courts, officers, and official boards in the Territory shall be used as the seals
of the
corresponding courts, officers, and official boards in the State; and far any new court, .office, or
hoard
created by this constitution a seal may be adopted by the judge of said court, or the incumbent of
said
office, or by the said board.

*** SEND ***
*** SSTART 010.0 022.0 0 NM 1911 ***

10.  All suits, indictments, criminal actions, bonds, process, matters, and proceedings pending m
any of
the courts in the Territory of new Mexico at the time of the organization of the courts provided
for in
this constitution shall be transferred to and proceed to determination in such courts of like or
corresponding jurisdiction.   And all civil causes of action and criminal offenses which shall.
have
been commenced, or indictment found, shall be subject to action, prosecution, indictment, and
review in
the proper courts of the State in like manner and to the same extant. as if the State had been
created
and said courts establishes prior to the accrual of such causes of action and the commission of
such
offenses.

*** SEND ***
*** SSTART 011.0 022.0 0 NM 1911 ***

11. This constitution shall be signed by the president and. secretary of the constitutional
convention and
such delegates as desire to sign the same., and shall be deposited in the office of the secretary of
the
Territory, where it may be signed at any time by any delegate.

*** SEND ***
*** SSTART 012.0 022.0 0 NM 1911 ***

12. All lawful debts and obligations of the several counties of the Territory of New Mexico not
assumed
by the State, and of the school districts, municipalities, irrigation districts, and improvement
districts
therein, existing at the time of its admission as a State, shall remain valid and unaffected by the
change
of government until paid or refunded according to law; and all counties, municipalities, and
districts in
said Territory shall continue with the same names, 
boundaries, and rights until changed in accordance with the constitution and laws of the State.

*** SEND ***
*** SSTART 013.0 022.0 0 NM 1911 ***

13. This constitution shall be submitted to the people of New Mexico for ratification at an
election to be
held on the 21st day of January, 1911, at which election the qualified voters of New Mexico shall
vote
directly for or against the same, and the governor of the Territory of New Mexico shall forthwith
issue
his proclamation ordering said election to be held on said day.
Except as to the manner of making returns of said election and canvassing and certifying the
result
thereof, said election shall be held and conducted in the manner prescribed by the laws of New
Mexico
now in force.

*** SEND ***
*** SSTART 014.0 022.0 0 NM 1911 ***

14. The ballots cast at said election in favor of the ratification. of this constitution shall have
printed or
written thereon in both English and Spanish the words "For the constitution," and those against
the
ratification of the constitution shall have written of printed thereon in both English and Spanish
the
words "against the constitution," and shall be counted and returned accordingly

*** SEND ***
*** SSTART 015.0 022.0 0 NM 1911 ***

15. The returns of said election shall be made by the election officers direct to the secretary of the
Territory of New Mexico at Santa Fe, who, with the governor and the chief justice of said
Territory,
shall constitute a canvassing board, and they, or any two of them, shall meet at said city of Santa
Fe on
the third Monday after said election and shall canvass the same. Said canvassing board shall
make and
file with the secretary of the Territory of New Mexico a certificate signed by at least two of them,
setting forth the number of votes cast at said election for or against the constitution, respectively.

*** SEND ***
*** SSTART 016.0 022.0 0 NM 1911 ***

16. If a majority of the legal votes cast at said election, as certified to by said canvassing board,
shall be
for the constitution, it shall be deemed to be duly ratified by the people of New Mexico, and the
secretary of the Territory of New Mexico shall forthwith cause to be submitted to the President of
the
United States and to Congress, for approval, a certified copy of this constitution, together with
the
statement of the votes cast thereon.

*** SEND ***
*** SSTART 017.0 022.0 0 NM 1911 ***

17. If Congress and the President approve this constitution, or if the President approves the same
and
Congress fails to disapprove the same during the next regular session thereof, the governor of
New
Mexico shall, within thirty days after receipt of notification from the President certifying said
facts, issue
his proclamation for an election at which officers far a full State government including a
governor,
county officers, members of the State Legislature, two Representatives in Congress to be elected
at
large from the State, and such other officers as this constitution prescribes, shall be chosen by the
people; said election to take place not earlier than sixty days nor later than ninety days after the
date of
said proclamation by the governor ordering the same.

*** SEND ***
*** SSTART 018.0 022.0 0 NM 1911 ***

18. Said last mentioned election shall be held, the returns thereof made, canvassed, and certified
to by
the secretary of said Territory, in the same manner; and under the same laws, including those as
to
qualifications of electors, shall be applicable thereto, as hereinbefore prescribed for holding,
making of
the returns, canvassing, and certifying the same, of the election for the ratification or rejection of
this
constitution.
When said election of State and county officers, members of the legislature, Representatives in
Congress, and other officers provided for in this constitution, shall be held and the returns thereof
made,
canvassed, and certified as hereinbefore provided, the governor of the Territory of New Mexico
shall
immediately certify the result of said, election, as canvassed and certified as hereinbefore
provided, to
the President of the United States.

*** SEND ***
*** SSTART 019.0 022.0 0 NM 1911 ***

19. Within thirty days after the issuance by the President of the United States of his proclamation 
announcing the result of said election so ascertained, all officers elected at such election, except
members of the legislature, shall take the oath of office and give bond as required by this
constitution or
by the laws of the Territory of New Mexico in case of like officers in the 
Territory, county, or district, and shall thereupon enter upon the duties of their respective offices;
but
the legislature may by law require such officers to give other or additional bonds as a condition
of their
continuance in office.

*** SEND ***
*** SSTART 020.0 022.0 0 NM 1911 ***

20. The governor of the State, immediately upon his qualifying and entering upon the duties of
his office,
shall issue his proclamation convening the legislature at the seat of government on a clay to be
specified
herein, not less than thirty nor more than sixty days after the date of said proclamation.
The members elect of the legislature shall meet on the day specified take the oath required by this
constitution and within ten days after organization shall proceed to the election of two Senators
of the
United States for the State of New Mexico, in the manner prescribed by the constitution and laws
of
the United States; and the governor and secretary of the State of New Mexico shall certify the
election
of the Senators and Representatives in Congress in the manner required by law.



*** SEND ***
*** SSTART 021.0 022.0 0 NM 1911 ***

21. The legislature shall pass all necessary laws to carry into effect the provisions of this
constitution.

*** SEND ***
*** SSTART 022.0 022.0 0 NM 1911 ***

22.The term of office of all officers elected at the election aforesaid shall commence on the date
of their
qualification and shall expire at the same time as if they had  been elected on the Tuesday next
after the
first Monday of November in the year nineteen hundred and twelve.

*** SEND ***
*** AEND ***

*** ASTART 9016.0 NM 1911 ***

Done in open convention at the city of Santa Fe, in the Territory of New Mexico, this twenty-first
day
of November, in the year of our Lord, one thousand nine hundred and ten.
Charles A. Spiess,
President of the Constitutional Convention.
Geo. W. Armijo
Secretary.
          
*** AEND ***



*** MSTART 001 006.0 002.0 0 NM 1911 1971 ***

Article 2, section 6
6.  The people have the right to bear arms for security and defense, for lawful hunting and
recreational use and for other lawful purposes, but nothing herein shall be held to permit the
carrying of concealed weapons. 

Amended November 2, 1971.
  
*** MEND ***
*** MSTART 002 006.0 002.0 0 NM 1911 1986 ***

Article 2, section 6 
6.  No law shall abridge the right of the citizen to keep and bear arms for security and defense,
for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be
held to permit the carrying of concealed weapons.  No municipality or county shall regulate, in
any way, an incident of the right to keep and bear arms.  

Amended November 2, 1986.

*** MEND ***
*** MSTART 003 013.0 002.0 0 NM 1911 1988 ***

Article 2, section 13

13.   All persons shall, before conviction be bailable by sufficient sureties, except for capital
offenses when the proof is evident or the presumption great and in situations in which bail is
specifically prohibited by this section.  Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted.

   Bail may be denied by the district court for a period of sixty days after the incarceration of the
defendant by an order entered within seven days after the incarceration, in the following
instances:

   A. the defendant is accused of a felony and has previously been convicted of two or more
felonies, within the state, which felonies did not arise from the same transaction or a common
transaction with the case at bar;

   B. the defendant is accused is accused of a felony involving the use of a deadly weapon and has
a prior felony conviction, within the state.  The period for incarceration without bail may be
extended by any period of time by which trial is delayed by a motion for a continuance made by
or on behalf of the defendant.  An appeal from an order denying bail shall be given preference
over all other matters.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 004 014.0 002.0 0 NM 1911 1924 ***

Article 2, section 14

14.  No person shall be held to answer for a capital, felonious or infamous crime unless on a
presentment or indictment of a grand jury or information filed by a district attorney or attorney
general or their deputies, except in cases arising in the militia when in actual service in time of
war or public danger.  No person shall be so held on information without having had a
preliminary examination before an examining magistrate, or having waived such preliminary
examination.

   A grand jury shall be composed of such number, not less than twelve, as may be prescribed by
law.  Citizens only, residing in the county for which a grand jury may be convened and qualified
as prescribed by law, may serve on a grand jury.  Concurrence necessary for the finding of an
indictment by a grand jury shall be prescribed by law; provided, such concurrence shall never be
by less than a majority of those who compose a grand jury, and, provided, at least eight must
concur in finding an indictment when a grand jury is composed of twelve in number.  Until
otherwise prescribed by law a grand jury shall be composed of twelve in number of which eight
must concur in finding an indictment.  A grand jury shall be convened upon order of a judge of a
court empowered to try and determine cases of capital, felonious or infamous crimes at such
times as to him shall be deemed necessary, or a grand jury shall be ordered to convene by such
judge upon the filing of a petition therefor signed by not less than seventy-five resident taxpayers
of the county, or a grand jury may be convened in any additional manner as may be prescribed by
law.

   In all criminal prosecutions, the accused shall have the right to appear and defend himself in
person, and by counsel; to demand the nature and cause of the accusation; to be confronted with
the witnesses against him; to have the charge and testimony interpreted to him in a language that
he understands; to have compulsory process to compel the attendance of necessary witnesses in
his behalf, and a speedy public trial by an impartial jury of the county or district in which the
offense is alleged to have been committed.

Amended November 4, 1924.

*** MEND *** 
*** MSTART 005 014.0 002.0 0 NM 1911 1980 ***

Article 2, section 14

14.  No person shall be held to answer for a capital, felonious or infamous crime unless on a
presentment or indictment of a grand jury or information filed by a district attorney or attorney
general or their deputies, except in cases arising in the militia when in actual service in time of
war or public danger.  No person shall be so held on information without having had a
preliminary examination before an examining magistrate, or having waived such preliminary
examination.

   A grand jury shall be composed of such number, not less than twelve, as may be prescribed by
law.  Citizens only, residing in the county for which a grand jury may be convened and qualified
as prescribed by law, may serve on a grand jury.  Concurrence necessary for the finding of an
indictment by a grand jury shall be prescribed by law; provided, such concurrence shall never be
by less than a majority of those who compose a grand jury, and, provided, at least eight must
concur in finding an indictment when a grand jury is composed of twelve in number.  Until
otherwise prescribed by law a grand jury shall be composed of twelve in number of which eight
must concur in finding an indictment.  A grand jury shall be convened upon order of a judge of a
court empowered to try and determine cases of capital, felonious or infamous crimes at such
times as to him shall be deemed necessary, or a grand jury shall be ordered to convene by such
judge upon the filing of a petition therefor signed by not less than the lesser of two hundred
registered voters or five percent of the registered voters of the county, or a grand jury may be
convened in any additional manner as may be prescribed by law.

   In all criminal prosecutions, the accused shall have the right to appear and defend himself in
person, and by counsel; to demand the nature and cause of the accusation; to be confronted with
the witnesses against him; to have the charge and testimony interpreted to him in a language that
he understands; to have compulsory process to compel the attendance of necessary witnesses in
his behalf, and a speedy public trial by an impartial jury of the county or district in which the
offense is alleged to have been committed.

Amended November 4, 1980.

*** MEND ***
*** MSTART 006 018.0 002.0 0 NM 1911 1972 ***

Article 2, section 18

18.  No person shall be deprived of life, liberty or property without due process of law; nor shall
any person be denied equal protection of the laws.  Equality of rights under law shall not be
denied on account of the sex of any person.  The effective date of this amendment shall be July 1,
1973. 

Amended November 7, 1972.

*** MEND ***
*** MSTART 007 022.0 002.0 0 NM 1911 1921 ***

Article 2, section 22

22. Until otherwise provided by law no alien, ineligible to citizenship under the laws of the
United States, or corporation, copartnership or association, a majority of the stock or interest in
which is owned or held by such aliens, shall acquire title, leasehold or other interest in or to real
estate in New Mexico.  

Amended September 20, 1921.
*** MEND ***
*** MSTART 008 001.0 003.0 0 NM 1911 1986 ***

Article 3, section l

1.  The powers of the government of this state are divided into three distinct departments,
the legislative, executive and judicial, and no person or collection of persons charged with the
exercise of powers properly belonging to one of these departments, shall exercise any powers
properly belonging to either of the others, except as in this constitution otherwise expressly
directed or permitted.  Nothing in this section, or elsewhere in this constitution, shall prevent the
legislature from establishing, by statute, a body with statewide jurisdiction other than the courts
of this state for the determination of rights and liabilities between persons when those rights and
liabilities arise from transactions or occurrences involving personal injury sustained in the course
of employment by an employee.  The statute shall provide for the type and organization of the
body, the mode of appointment or election of its members and such other matters as the
legislature may deem necessary or proper.

Amended November 4, 1986.

*** MEND ***
*** MSTART 009 002.0 004.0 0 NM 1911 1960 ***

Article 4, section 2

2.  In addition to the powers herein enumerated, the legislature shall have all powers necessary to
the legislature of a free state, including the power to enact reasonable and appropriate laws to
guarantee the continuity and effective operation of state and local government by providing
emergency procedure for use only during periods of disaster emergency.  A disaster emergency is
defined as a period when damage or injury to persons or property in this state, caused by enemy
attack, is of such magnitude that a state of martial law is declared to exist in the state, and a
disaster emergency is declared by the chief executive officer of the United States and the chief
executive officer of this state, and the legislature has not declared by joint resolution that the
disaster emergency is ended.  Upon the declaration of a disaster emergency the chief executive of
the state shall within seven days call a special session of the legislature which shall remain in
continuous session during the disaster emergency, and may recess from time to time for [not]
more than three days.  

Amended November 8, 1960.

*** MEND ***
*** MSTART 010 003.0 004.0 0 NM 1911 1976 ***

Article 4, section 3

3.  A. Senators shall not be less than twenty-five years of age and representatives not less than
twenty-one years of age at the time of their election.  If any senator or representative permanently
removes his residence from or maintains no residence in the district from which he was elected,
then he shall be deemed to have resigned and his successor shall be selected as provided in
Section 4 of this article.  No person shall be eligible to serve in the legislature who, at the time of
qualifying, holds any office of trust or profit with the state, county or national governments,
except notaries public and officers of the militia who receive no salary.
   B. The senate shall be composed of no more than forty-two members elected from single-
member districts.
   C. The house of representatives shall be composed of no more than seventy members elected
from single-member districts.
   D. Once following publication of the official report of each federal decennial census hereafter
conducted, the legislature may be statute reapportion its membership.  

As repealed and reenacted November 2, 1976.

*** MEND ***
*** MSTART 011 004.0 004.0 0 NM 1911 1953 ***

Article 4, section 4 
4.  Members of the legislature shall be elected as follows: Senators for the term of four years, and
members of the house of representatives for the term of two years. They shall be elected on the     
 day provided by law for holding the general election of state officers or representatives in
congress. If a vacancy occurs in the office of Senator or member of the House of Representatives,
for any reason, the County Commissioners of the county wherein the vacancy occurs shall fill
such vacancy by appointment; provided, however, that if a vacancy occurs in a Legislative
District composed of more than one (1) county, then the County Commissioners of each County
in the Legislative District shall submit one (1) name to the Governor, who shall appoint the
representative to fill such vacancy from the list of names so submitted by the respective County
Commissions.
Such legislative appointments as provided in this section shall be for a term ending on December
31, subsequent to the next succeeding general election.
     
Amended September 15, 1953.

*** MEND ***
*** MSTART 012 004.0 004.0 0 NM 1911 1960 ***

Article 4, section 4 

4.   Members of the legislature shall be elected as follows: those senators from Bernalillo,
Chaves, Curry, DeBaca, Grant Lea, Lincoln, Luna, Sandoval, San Juan, San Miguel, Socorro,
Taos, Torrance, Union and Valencia counties for a term of six years starting January l, 1961, and
after serving such terms shall be elected for a term of four years thereafter; those senators from
all other counties for the terms of four years, and members of the house of representatives for a
term of two years.  They shall be elected on the day provided by law for holding the general
election of state officers or representatives in congress.  If a vacancy occurs in the office of
senator or member of the house of representatives, for any reason, the county commissioners of
the county wherein the vacancy occurs shall fill such vacancy by appointment.
   Such legislative appointments as provided in this section shall be for a term ending on
December 31, subsequent to the next succeeding general election.  

Amended November 8, 1960.

*** MEND ***
*** MSTART 013 005.0 004.0 0 NM 1911 1940 ***

Article 4, section 5
5.  Each regular session of the legislature shall begin at 12:00 noon on the second Tuesday of
January next after each general election and shall remain in session not to exceed sixty days. 
Such session shall be divided into a first term of thirty days and a second term of thirty days, with
a recess of thirty days between such terms.  During the first term, all bills to be considered at the
session shall be introduced, read not more than twice by title or in full, printed and referred to the
appropriate committee.  No bill shall be placed upon its third reading or finally passed during its
first term, except appropriations for expenses of the legislature and such measures as shall be
submitted for immediate legislative action by the governor accompanied by a special message
setting for the facts making such action necessary for the general welfare.  
   During the second term of such session, all bills introduced at the first term shall stand for final
action at the second term.  Notwithstanding any provision of any section of this constitution to
the contrary, no bill shall be introduced at the second term except appropriations for expenses of
the legislature, the general appropriations bill, bills to provide for the current expenses of the
government, committee substitutes for bills introduced at the first term and such measures as may
be submitted by the governor, accompanied by a special message showing necessity for
legislative action.  The members of the legislature shall be allowed their mileage for attending
both the first and second terms of the legislature.  No special session of the legislature shall
exceed thirty days.
    
Amended November 5, 1940.

*** MEND ***
*** MSTART 014 005.0 004.0 0 NM 1911 1946 ***

Article 4, section 5

5.  Each regular session of the legislature shall begin at 12:00 noon on the second Tuesday of
January next after each general election and shall remain in session not to exceed sixty days.  No
special session of the legislature shall exceed thirty days.

Amended November 5, 1946.

*** MEND ***
*** MSTART 015 005.0 004.0 0 NM 1911 1964 ***

Article 4, section 5

5.   A. Each regular session of the legislature shall begin annually at 12:00 noon on the third
Tuesday of January.  Every regular session of the legislature convening during an off-numbered
year shall remain in session not to exceed sixty days, and every regular session of the legislature
convening during an even-numbered year shall remain in session not to exceed thirty days.  No
special session of the legislature shall exceed thirty days.
   B. Every regular session of the legislature convening during an even-numbered year shall
consider only the following:
       (1) budgets, appropriations and revenue bills;
       (2) bills drawn pursuant to special messages of the governor; and
       (3) bills of the last previous regular session vetoed by the governor.

Amended November 3, 1964.

*** MEND ***
*** MSTART 016 006.0 004.0 0 NM 1911 1948 ***

Article 4, section 6

6. Special sessions of the legislature may be called by the governor, but no business shall be
transacted except such as relates to the objects specified in this proclamation.  Provided,
however, that when three-fifths of the members elected to the house of representatives and three-
fifths of the members elected to the senate shall have certified to the governor of the state of New
Mexico that in their opinion an emergency exists in the affairs of the state of New Mexico, it
shall thereupon be the duty of said governor and mandatory upon him, within five days from the
receipt of such certificate or certificates, to convene said legislature in extraordinary session for
all purposes; and in the event said governor shall, within said time, Sundays excluded, fail or
refuse to convene said legislature as aforesaid, then and in that event said legislature may
convene itself in extraordinary session, as if convened in regular session, for all purposes,
provided that such extraordinary self-convened session shall be limited to a period of thirty days,
unless at the expiration of said period, there shall be pending an impeachment trial of some
officer of the state government, in which event the legislature shall be authorized to remain in
session until such trial shall have been completed.  

Amended November 2, 1948.

*** MEND ***
*** MSTART 017 009.0 004.0 0 NM 1911 1948 ***

Article 4, section 9 
9.  The legislature shall select its own officers and employees and fix their compensation.  Each
house shall have one chaplain, one chief clerk and one sergeant at arms; and there shall be one
assistant chief clerk and one assistant sergeant at arms for each house; and each house may
employ such enrolling clerks, reading clerks, stenographers, janitors and such subordinate
employees in addition to those enumerated, as they may reasonably require and their
compensation shall be fixed by the said legislature at the beginning of each session. 

Amended November 2, 1948.

*** MEND ***
*** MSTART 018 010.0 004.0 0 NM 1911 1944 ***

Article 4, section 10 

10.  Each member of the legislature shall receive as compensation for his service the sum of ten
dollars ($10.00) for each days' attendance during each session, and ten cents (10) for each mile
traveled in going to and returning from the seat of the government by the usual traveled routed,
once each term of the session as defined by Section 5, Article IV of this constitution, and he shall
receive no other compensation, perquisite or allowance.

Amended November 7, 1944.

*** MEND ***
*** MSTART 019 010.0 004.0 0 NM 1911 1953 ***

Article 4, section 10
10.    Each member of the legislature shall receive per diem expense the sum of not more than
twenty dollars for each days' attendance during each session, and ten cents (10) for each mile
traveled in going to and returning from the seat of the government by the usual traveled routed,
once each session as defined by Section 5, Article IV of this constitution, and he shall receive no
other compensation, perquisite or allowance.

Amended November September 15, 1953.

*** MEND ***
*** MSTART 020 010.0 004.0 0 NM 1911 1971 ***

Article 4, section 10      
10. Each member of the legislature shall receive:
A. As per diem expense the sum of not more than forty dollars for each day's attendance during
each session, as provided by law, and ten cents 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 Section
5, Article IV of this Constitution;         
B. Per diem expense and mileage at the same rate as provided in Subsection A for service at
meetings required by legislative committees established by the legislature to meet in the interim
between sessions; and
C. No other compensation, prerequisite or allowance.
         
Adopted November 2, 1971.

*** MEND ***
*** MSTART 021 010.0 004.0 0 NM 1911 1982 ***

Article 4, section 10 
10.  Each member of the legislature shall receive:
          A. as per diem expense the sum of not more than seventy-five dollars ($75.00) for each
day's attendance during each session, as provided by law, and twenty-five cents ($.25) 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. per diem expense and mileage at the same rates as provided in Subsection A of this
section for service at meetings required by legislative committees established by the legislature to
meet in the interim between sessions; and
        C. no other compensation, perquisite or allowance. 

Amended November 2, 1982.

*** MEND ***
*** MSTART 022 018.0 004.0 0 NM 1911 1964 ***

Article 4, section 18
18.   No law shall be revised or amended, or the provisions thereof extended by reference to its
title only; but each section thereof as revised, amended or extended shall be set out in full.
   Notwithstanding the foregoing or any other provision of this constitution, the legislature, in any
law imposing a tax or taxes, may define the amount on, in respect to or by which such tax or
taxes are imposed or measured, by reference to any provision of the laws of the United States as
the same may be or become effective at any time or from time to time, and may prescribe
exceptions or modifications to any such provision. 

Amended November 3, 1964.

*** MEND ***
*** MSTART 023 021.0 004.0 0 NM 1911 1960 ***

Article 4, section 21
21.  Time limitation on the introduction of bills at any session of the legislature shall be
established by law. 

Amended November 8, 1960.

*** MEND ***
*** MSTART 024 022.0 004.0 0 NM 1911 1953 ***

Article 4, section 22 
22.   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.  Any bill not returned by the governor within three days, Sundays
excepted, after being presented to him, shall become a law, whether signed by him or not, unless
the legislature by adjournment prevent such return.  Every bill presented to the governor during
the last three days of the session shall be approved by him within twenty days after the
adjournment and shall be by him immediately deposited with the secretary of state.  Unless so
approved and signed by him such bill shall not become a law.  The governor may in like manner
approve or disapprove any part or parts, item or items, or 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 veto, as herein provided. 

Amended September 15, 1953.

*** MEND ***
*** MSTART 025 032.0 004.0 0 NM 1911 1958 ***

Article 4, Section 32 

32.  No obligation or liability of any person, association or corporation held or owned by or
owing to the state, or any municipal corporation therein, shall ever e exchanged, transferred,
remitted, released, postponed or in any way diminished by the legislature, nor shall any such
obligation or liability be extinguished except by the payment thereof into the proper treasury, or
by proper proceeding in court.  Provided that the obligations created by Special Session Laws
1955, Chapter 5, running to the state or any of its agencies, remaining unpaid on the effective
date of this amendment are void.  

Amended November 4, 1958.

*** MEND ***
*** MSTART 026 042.0 004.0 0 NM 1911 1986 ***

Article 4, section 42

42.  The senate, in exercising its advice and consent responsibilities over gubernatorial
appointments, may be resolution designate the members of an appropriate standing committee to
operate as an interim committee during the interim between legislative sessions for the purpose
of conducting hearings and taking testimony on the confirmation or rejection of gubernatorial
appointments.  Recommendations of the committee shall be submitted to the senate for action at
the next succeeding legislative session.  Members of such committee shall be paid per diem and
milage for attendance at such hearings at the same rates as legislators are paid for attendance at
joint legislative interim committee meetings.  The governor shall submit all appointments
requiring senate confirmation to such committee within thirty days after the date of appointment.  

New.  Added November 4, 1986.

*** MEND ***
*** MSTART 027 003.0 004.0 0 NM 1911 1949 ***

Article 4, section 3, repealed September 20, 1949.

*** MEND ***
*** MSTART 028 001.0 005.0 0 NM 1911 1914 ***

Article 5, section l 
1.  The executive department shall consist of a governor, lieutenant governor, secretary of state,
state auditor, state treasurer, attorney general, superintendent of public instruction and
commissioner or [of] public lands, who shall be elected for the term of two years beginning on
the first day of January next after their election.
Such officers shall after having served two consecutive terms, be ineligible to hold any state
office for two years thereafter.
               
Amended November 3, 1914.

*** MEND ***
*** MSTART 029 001.0 005.0 0 NM 1911 1958 ***

Article 5, section l 
1.  The executive department shall consist of a governor, lieutenant governor, secretary of state,
state auditor, state treasurer, attorney general, and commissioner or [of] public lands, who shall,
unless otherwise provided in the constitution of New Mexico, be elected for the term of two
years beginning on the first day of January next after their election.
Such officers shall after having served two consecutive terms, be ineligible to hold any state
office for two years thereafter.

Amended November 4, 1958.

*** MEND ***
*** MSTART 030 001.0 005.0 0 NM 1911 1962 ***

Article 5, section l 
1.  The executive department shall consist of a governor, lieutenant governor, secretary of state,
state auditor, state treasurer, attorney general, and commissioner or [of] public lands, who shall,
unless otherwise provided in the constitution of New Mexico, be elected for the term of two
years beginning on the first day of January next after their election.  The governor and lieutenant
governor shall be  elected jointly by the casting by each voter of a single vote applicable to both
offices.
Such officers shall after having served two consecutive terms, be ineligible to hold any state
office for two years thereafter.

Amended November 6, 1962.

*** MEND ***
*** MSTART 031 001.0 005.0 0 NM 1911 1970 ***

Article 5, section 1
1.  The executive department shall consist of a governor, lieutenant-governor, secretary of state,    
state auditor, state treasurer, attorney general and commissioner of public lands', who shall,
unless otherwise provided in the Constitution of New Mexico, be elected for the term of four
years beginning on the first day of January next after their election. The governor and
lieutenant-governor shall be elected jointly by the casting by each voter a single vote applicable
to both offices.
Such officers shall, after having served one term, be ineligible to hold any state office until one
full
term has intervened, except that the lieutenant-governor may be eligible to hold the office of the
governor.
The officers of the executive department, except the lieutenant-governor, shall during their terms
of office, reside and keep the public records, books, papers and seals of office at the seat of
government.
Upon the adoption of this amendment by the people, the terms provided for in this section shall
apply to those officers elected at the general election in 1970 and all state executive officers
elected thereafter. Provided, no person who has been elected to a state executive office prior to
the adoption of this amendment for two successive terms shall again be eligible to hold the same
office unless one full term has intervened; provided, further, the commissioner of public lands,
the attorney general and state treasurer, elected to a two-year term in 1968, are eligible to hold
the office of commissioner of public lands, the attorney general or the state treasurer,
respectively, for one four-year term following his present term, but thereafter shall not again be
eligible to hold the office of commissioner of public lands, attorney general or state treasurer,
respectively, until one full term has intervened.

Amended November 3, 1970.

*** MEND ***
*** MSTART 032 001.0 005.0 0 NM 1911 1986 ***

Article 5, section 1
1.  The executive department shall consist of a governor, lieutenant governor, secretary of state,
state auditor, state treasurer, attorney general and commissioner of public lands, who shall, unless
otherwise provided in the constitution of New Mexico, be elected for terms of four years
beginning on the first day of January next after their election.  The governor and lieutenant
governor shall be  elected jointly by the casting by each voter of a single vote applicable to both
offices.
   Such officers shall, after having served two terms in a state office, be ineligible to hold that
state office until one full term has intervened.
   The officers of the executive department, except the lieutenant governor, shall during their
terms of office, reside and keep the public records, books, papers and seals of office at the seat of
government.
   Upon the adoption of this amendment by the people, the terms provided for in this section shall
apply to those officers elected at the general election in 1990 and all state executive officers
elected thereafter.  

Amended November 4, 1986.

*** MEND ***
*** MSTART 033 002.0 005.0 0 NM 1911 1962 ***

Article 5, section 2
2.  The returns of every election for state officers shall be sealed up and transmitted to the
secretary of state, who, with the governor and chief justice, shall constitute the state canvassing
board which shall canvass and declare the result of the election.  The joint candidates having the
highest number of votes cast for governor and lieutenant governor and the person having the
highest number of votes for any other office, as shown by said returns, shall be declared duly
elected.  If two or more have an equal, and the highest, number of votes for the same office or
offices, one of them, or any two for whom joint votes were cast for governor and lieutenant
governor respectively, shall be chosen therefor by the legislature on joint ballot.  

Amended November 6, 1962.

*** MEND ***
*** MSTART 034 005.0 005.0 0 NM 1911 1988 ***

Article 5, section 5 
5.  The governor shall nominate and, by and with the consent of the senate, appoint all officers
whose appointment or election is not otherwise provided for and may remove any officer
appointed by him unless otherwise provided by law.  Should a vacancy occur in any state office,
except lieutenant governor and member of the legislature, the governor shall fill such office by
appointment, and such appointee shall hold office until the next general election, when his
successor shall be chosen for the unexpired term.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 035 007.0 005.0 0 NM 1911 1948 ***

Article 5, section 7 
7.  If at the time fixed for the beginning of the term of the governor, the governor-elect shall have
died, the lieutenant governor-elect shall become governor.  If a governor shall not have been
chosen before the time fixed for the beginning of his term, or if the governor-elect shall have
failed to qualify, then the lieutenant governor-elect shall act as governor until a governor shall
have qualified; and the legislature may be law provide for the case wherein neither a governor-
elect nor a lieutenant governor-elect shall have qualified, declaring who shall then act as
governor, or the manner in which one who is to act shall be selected, and such person shall act
accordingly until a governor or lieutenant governor shall have qualified.
   If after the governor-elect has qualified a vacancy occurs in the office of governor, the
lieutenant governor shall succeed to that office, and to all the powers, duties and emoluments
thereof, provided he has by that time qualified for the office of lieutenant governor.  In case the
governor is absent from the state, or is for any reason unable to perform his duties, the lieutenant
governor shall act as governor, with all the powers, duties and emoluments of that office until
such disability be removed.  In case there is no lieutenant governor, or in case he is for any
reason unable to perform the duties of governor, then the secretary of state shall perform the
duties of governor, and, in case there is no secretary of state, then the president pro tempore of
the senate, or in case there is no president pro tempore of the senate, or he is for any reason
unable to perform the duties of governor, then the speaker of the house shall succeed to the office
of governor, or act as governor as hereinbefore provided.  

Amended November 2, 1948.

*** MEND ***
*** MSTART 036 013.0 005.0 0 NM 1911 1960 ***

Article 5, section 13
13.  All district, county, precinct and municipal officers, shall be residents of the political
subdivisions for which they are elected or appointed.  The legislature is authorized to enact laws
permitting division of counties of this state into county commission districts.  The legislature
may in its discretion provide that elective county commissioners reside in their respective county
commission districts.

Amended November 8, 1960.

*** MEND ***
*** MSTART 037 013.0 005.0 0 NM 1911 1986 ***

Article 5, section 13
13.  All district and municipal officers, county commissioners, school board members and
municipal governing body members shall be residents of the political subdivision or district from
which they are elected or for which they are appointed.
   Counties, school districts and municipalities may be divided by their governing bodies into
districts composed of populations as nearly equal as practicable for the purpose of electing the
members of the respective governing bodies.  

Former section 13 repealed and current section 13 added November 4, 1986.

*** MEND ***
*** MSTART 038 014.0 005.0 0 NM 1911 1967 ***

Article 5, section 14
14.  There is created a "state highway commission."  The members of the state highway
commission shall be appointed, shall have such power and shall perform such duties as may be
provided by law.  Notwithstanding the provisions of Article 5, Section 5, of the constitution of
New Mexico, state highway commissioners shall only be removed as provided by law.  

As repealed and re-enacted November 7, 1967.

*** MEND ***
*** MSTART 039 001.0 006.0 0 NM 1911 1965 ***

Article 6, Section 1
         
1.  The Judicial power of the state shall be vested in the senate when sitting as a court of
impeachment, a supreme court, a court of appeals, district courts, probate courts, justices of the
peace and such courts inferior to the district courts as may be established by law from time to
time in any county or municipality of the state, including juvenile courts.

Amended November 8, 1965.

*** MEND ***
*** MSTART 040 001.0 006.0 0 NM 1911 1966 ***

Article 6, section 1
1.  The judicial power of the state shall be vested in the senate when sitting as a court of
impeachment, a supreme court, a court of appeals, district courts; probate courts, magistrate
courts and such other courts inferior to the district courts as may be established by law from time
to time in any district, county or municipality of the state.  

Amended November 8, 1966.

*** MEND ***
*** MSTART 041 002.0 006.0 0 NM 1911 1965 ***

Article 6, section 2

2.  Appeals from a judgment of the district court imposing a sentence of death or life
imprisonment shall be taken directly to the supreme court.  In all other cases, criminal and civil,
the supreme court shall exercise appellate jurisdiction as may be provided by law; provided that
an aggrieved party shall have an absolute right to one appeal.  

Amended September 28, 1965.

*** MEND ***
*** MSTART 042 004.0 006.0 0 NM 1911 1988 ***

Article 6, section 4 
4.  The supreme court of the state shall consist of at least five justices who shall be chosen as
provided in this constitution.  One of the justices shall be selected as chief justice as provided by
law.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 043 008.0 006.0 0 NM 1911 1988 ***

Article 6, section 8 
8.  No person shall be qualified to hold the office of justice of the supreme court unless that
person is at least thirty-five years old and has been in the actual practice of law for at least ten
years preceding that person's assumption of office and has resided in this state for at least three
years immediately preceding that person's assumption of office.  The actual practice of law shall
include a lawyer's service upon the bench of any court of this state.  The increased qualifications
provided by this 1988 amendment shall not apply to justices and judges serving at the time this
amendment passes or elected at the general election in 1988.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 044 011.0 006.0 0 NM 1911 1953 ***

Article 6, section 11 
11.  The justices of the supreme court shall each receive such salary as may hereafter be fixed by
law.  

Amended September 15, 1953.

*** MEND ***
*** MSTART 045 012.0 006.0 0 NM 1911 1988 ***

Article 6, section 12

12.  The state shall be divided into judicial districts as may be provided by law.  One or more
judges shall be chosen for each district as provided in this constitution.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 046 014.0 006.0 0 NM 1911 1988 ***

Article 6, section14
14.  The qualifications of the district judges shall be the same as those of justices of the supreme
court except that district judges shall have been in the actual practice of law for at least six years
preceding assumption of office.  Each district judge shall reside in the district for which the judge
was elected or appointed.  The increased qualifications provided by this 1988 amendment shall
not apply to district judges serving at the time this amendment passes or elected at the general
election in 1988.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 047 015.0 006.0 0 NM 1911 1978 ***

Article 6, section 15
15.  A.  Any district judge may hold district court in any county at the request of the judge of
such district.
   B.  Whenever the public business may require, the chief justice of the supreme court shall
designate any district judge of the state, or any justice of the supreme court when no district
judge may be available within a reasonable time, to hold court in any district, and two or more
judges may sit in any district or county separately at the same time.
   C.  If any district judge is disqualified from hearing any cause or is unable to expeditiously
dispose of any cause in the district, the chief justice of the supreme court may designate any
retired New Mexico district judge, court of appeals judge or supreme court justice, with said
designees' consent, to hear and determine the cause and to act as district judge pro tempore for
such cause.
   D.  If any judge shall be disqualified from hearing any cause in the district, the parties to such
cause, or their attorneys of record, may select some member of the bar to hear and determine said
cause, and act as judge pro tempore therein.  

Amended November 7, 1978.

*** MEND ***
*** MSTART 048 016.0 006.0 0 NM 1911 1988 ***

Article 6, section 16
16.  The legislature may increase the number of district judges in any judicial district, and they
shall be elected or appointed as other district judges for that district.  At any session after the
publication of the census of the United States in the year nineteen hundred and twenty, the
legislature may rearrange the districts of the state, increase the number thereof, and make
provision for a district judge for any additional district.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 049 017.0 006.0 0 NM 1911 1953 ***

Article 6, section 17
17.  The legislature shall provide by law for the compensation of the judges of the district court.  

Amended September 15, 1953.

*** MEND ***
*** MSTART 050 018.0 006.0 0 NM 1911 1966 ***

Article 6, section 18
18.  No justice, judge or magistrate of any court shall, except by consent of all parties, sit in any
cause in which either of the parties are related to him by affinity or consanguinity within the
degree of first cousin, or in which he was counsel, or in the trial of which he presided in any
inferior court, or in which he has an interest.  

Amended November 8, 1966.

*** MEND ***
*** MSTART 051 019.0 006.0 0 NM 1911 1966 ***

Article 6, section 19 
19.  No justice of the supreme court, judge of the court of appeals, judge of the district court or
judge of a metropolitan court, which serving, shall be nominated, appointed or elected to any
other office in this state except a judicial office.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 052 021.0 006.0 0 NM 1911 1966 ***

Article 6, section 21
12.  Justices of the supreme court, in the state, and district judges and magistrates, in their
respective jurisdictions, shall be conservators of the peace.  District judges and other judges or
magistrates designated by law may hold preliminary examinations in criminal cases.  

Amended November 8, 1966.

*** MEND ***
*** MSTART 053 023.0 006.0 0 NM 1911 1949 ***

Article 6, section 23
23.  A probate court is hereby established for each county, which shall be a court of record, and,
until otherwise provided by law, shall have the same jurisdiction as heretofore exercised by the
probate courts of New Mexico and shall also have jurisdiction to determine heirship with respect
to real property in all proceedings for the administration of decedents' estates.  The legislature
shall have power from time to time to confer upon the probate court in any county in this state
jurisdiction to determine heirship in all probate proceedings, and shall have power also from time
to time to confer upon the probate court in any county in this state general civil jurisdiction
coextensive with the county; provided, however, that such court shall not have jurisdiction in
civil causes in which the matter is controversy shall exceed in value three thousand dollars
($3,000.00) exclusive of interest and cost; nor in any action for malicious prosecution, slander
and libel; nor in any action against offices for misconduct in office; nor in any action for the
specific performance of contracts for the sale of real estate; nor in any action for the possession
of land; nor in any matter wherein the title or boundaries of land may be in dispute or drawn in
question, except as title to real property may be affected by the determination of heirship; nor to
grant writs of injunction, habeas corpus or extraordinary writs.  Jurisdiction may be conferred
upon the judges of said court to act as examining and committing magistrates in criminal cases,
and upon said courts for the trial of misdemeanors in which the punishment cannot be
imprisonment in the penitentiary, or in which the fine cannot be in excess of one thousand dollars
($1,000).  A jury for the trial of such cases shall consist of six men.  The legislature shall
prescribe the qualifications and fix the compensation of probate judges. 

Amended September 20, 1949.

*** MEND ***
*** MSTART 054 026.0 006.0 0 NM 1911 1966 ***

Article 6, section 26
26.  The legislature shall establish a magistrate court to exercise limited original jurisdiction as
may be provided by law. The magistrate court shall be composed of such districts and elective
magistrates as may be provided by law. Magistrates shall be qualified electors of, and reside
in, their respective districts, and the legislature shall prescribe other qualifications. Magistrates
shall receive compensation as may be provided by law, which compensation shall not be
diminished during their term of office.

As repealed and reenacted November 8, 1966.

*** MEND ***
*** MSTART 055 026.0 006.0 0 NM 1911 1988 ***

Article 6, section 26
26.  The legislature shall establish a magistrate court to exercise limited original jurisdiction as
may be provided by law.  The magistrate court shall be composed of such districts and elective
magistrates as may be provided by law.  Magistrates shall be qualified electors of, and reside in,
their respective districts, and the legislature shall prescribe other qualifications.  Magistrates shall
receive compensation as may be provided by law, which compensation shall not be diminished
during their term of office.  Metropolitan court judges shall be chosen as provided in this
constitution.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 056 027.0 006.0 0 NM 1911 1966 ***

Article 6, section 27 
27.  Appeals shall be allowed in all cases from the final judgments and decisions of the probate
courts and other inferior courts to the district courts, and in all such appeals, trial shall be had de
novo unless otherwise provided by law.  

Amended November 8, 1966.

*** MEND ***
*** MSTART 057 028.0 006.0 0 NM 1911 1988 ***

Article 6, section 28
28.  The court of appeals shall consist of not less than seven judge who shall be chosen as
provided in this constitution, whose qualifications shall be the same as those of justices of the
supreme court and whose compensation shall be as provided by law.  The increased
qualifications provided by this 1988 amendment shall not apply to court of appeals judges
serving at the time this amendment passes or elected at the general election in 1988.
   Three judges of the court of appeals shall constitute a quorum for the transaction of business,
and a majority of those participating must concur in any judgment of the court.
   When necessary, the chief justice of the supreme court may designate any justice of the
supreme court, or any district judge of the state, to act as a judge of the court of appeals, and the
chief justice may designate any judge of the court of appeals to hold court in any district, or to act
as a justice of the supreme court.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 058 029.0 006.0 0 NM 1911 1965 ***

Article 6, section 29
29.  The court of appeals shall have no original jurisdiction.  It may be authorized by law to
review directly decisions of administrative agencies of the state, and it may be authorized by
rules of the supreme court to issue all writs necessary or appropriate in aid of its appellate
jurisdiction.  In all other cases, it shall exercise appellate jurisdiction as may be provided by law.  

New. Added September 28, 1965.

*** MEND ***
*** MSTART 059 030.0 006.0 0 NM 1911 1966 ***

Article 6, section 30
30.  All fees collected by the judicial department shall be paid into the state treasury as may be
provided by law and no justice, judge or magistrate of any court shall retain any fees as
compensation or otherwise.  

New.  Added November 8, 1966.

*** MEND ***
*** MSTART 060 031.0 006.0 0 NM 1911 1966 ***

Article 6, section 31.
31.  Justices of the peace shall be abolished not later than five years from the effective date of
this amendment and may, within this period, be abolished by law, and magistrate courts vested
with appropriate jurisdiction.  Until so abolished, justices of the peace shall be continued under
existing laws.  

New.  Added November 8, 1966.

*** MEND ***
*** MSTART 061 032.0 006.0 0 NM 1911 1967 ***

Article 6, Section 32 
32.  There is created the "judicial standards commission", consisting of two justices or judges
and two lawyers selected as may be provided by law to serve for terms of four years, and five
citizens, none of whom is a justice, judge or magistrate of any court or licensed to practice law in
this
state, who shall be appointed by the governor for five-year staggered 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. No act of the commission is valid
unless concurred in by a majority of its members. The commission shall select one of the
members appointed by the governor to serve as chairman.
In accordance with this section, any justice, judge or magistrate of any court may be disciplined
or removed for willful misconduct in office or willful and persistent failure to perform his duties
or habitual intemperance, or he may be retired for disability seriously interfering with the
performance of his duties which is, or is likely to become of a permanent character. The
commission may, after investigation it deems necessary, order a hearing to be held before it
concerning the discipline, removal or retirement of a justice, judge or magistrate, or the
commission may appoint three masters who are justices or judges of courts of record to hear and
take evidence in the matter and to report their findings to the commission. After hearing or after
considering the record and the findings and report of the masters, if the commission finds good
cause, it shall recommend to the supreme court the discipline, removal or retirement of the        
justice, judge or magistrate.
The supreme court shall review the record of the proceedings on the law and facts and may
permit the introduction of additional evidence, and it shall order the discipline, removal or
retirement as it finds just arid proper or wholly reject the recommendation. Upon an order for his
retirement,         any justice, judge or magistrate participating in a statutory retirement program
shall be retired with the same rights as it he had retired pursuant to the retirement program. Upon
an order for removal, the justice, judge or magistrate shall thereby be removed from office, and
his salary shall cease from the date of the order.
All papers filed with the commission or its masters, and proceedings before the commission or
its masters, are confidential. The filing of papers and giving of testimony before the commission
or its masters is privileged in any action for defamation, except that the record filed by the
commission in the supreme court continues privileged but, upon its tiling, loses its confidential
character, and
a writing which was privileged prior to its tiling with the commission or its masters does not lose
its privilege by the filing. The commission shall promulgate regulations establishing procedures
for hearings under this section.  No justice or judge who is a member of the commission or
supreme court shall participate in any proceeding involving his own discipline, removal or
retirement.
This section is alternative to, and cumulative with, the removal of justices, judges and
magistrates by impeachment and the original superintending control of the supreme court.
         
New. Added November 7, 1967.

*** MEND ***
*** MSTART 761 032.0 006.0 0 NM 1911 1978 ***

Article 6, section 32
32.  There is created the "judicial standards commission," consisting of two justices or judges and
two lawyers selected as may be provided by law to serve for terms of four years, and five
citizens, none of whom is a justice, judge or magistrate of any court or licensed to practice law in
this state, who shall be appointed by the governor for five-year staggered 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.  No act of the
commission is valid unless concurred in by a majority of its members.  The commission shall
select one of the members appointed by the  governor to serve as chairman.
   In accordance with this section, any justice, judge or magistrate of any court may be disciplined
or removed for willful misconduct in office, persistent failure or inability to perform a judge's
duties, or habitual intemperance, or he may be retired for disability seriously interfering with the
performance of his duties which is, or is likely to become, of a permanent character.  The
commission may, after investigation it deems necessary, order a hearing to be held before it
concerning the discipline, removal or retirement of a justice, judge or magistrate, or the
commission may appoint three masters who are justices or judges of courts of record to hear and
take evidence in the matter and to report their findings to the commission.  After hearing or after
considering the record and the findings and report of the masters, if the commission finds good
cause, it shall recommend to the supreme court the discipline, removal or retirement of the
justice, judge or magistrate.
   The supreme court shall review the record of the proceedings on the law and facts and may
permit the introduction of additional evidence, and it shall order the discipline, removal or
retirement as it finds just and proper or wholly reject the recommendation.  Upon an order for his
retirement, any justice, judge or magistrate participating in a statutory retirement program shall
be retired with the same rights as if he had retired pursuant to the retirement program.  Upon an
order for removal, the justice, judge or magistrate shall thereby be removed from office, and his
salary shall cease from the date of the order.
   All papers filed with the commission or its masters, and proceedings before the commission or
its masters, are confidential.  The filing of papers and giving of testimony before the commission
or its masters is privileged in any action for defamation, except that the record filed by the
commission in the supreme court continues privileged but, upon its filing, loses its confidential
character, and a writing which was privileged prior to its filing with the commission or its
masters does not lose its privilege by the filing.  The commission shall promulgate regulations
establishing procedures for hearings under this section.  No justice or judge who is a member of
the commission or supreme court shall participate in any proceeding involving his own
discipline, removal or retirement.
   This section is alternative to, and cumulative with, the removal of justices, judges and
magistrates by impeachment and the original superintending control of the supreme court.

Amended November 7, 1978.

*** MEND ***
*** MSTART 062 033.0 006.0 0 NM 1911 1988 ***

Article 6, section 33
33.  A. Each justice of the supreme court, judge of the court of appeals, district judge or
metropolitan court judge shall have been elected to that position in a partisan election prior to
being eligible for a nonpartisan retention election.  Thereafter, each such justice or judge shall be
subject to retention or rejection on a nonpartisan ballot.
   B. Each justice of the supreme court or judge of the court of appeals shall be subject to
retention or rejection in like manner at the general election every eighth year.
   C. Each district judge shall be subject to retention or rejection in like manner at the general
election every sixth year.
   D. Each metropolitan court judge shall be subject to retention or rejection in like manner at the
general election every fourth year.
   E. Every justice of the supreme court, judge of the court of appeals, district judge or
metropolitan court judge holding office on January l next following the date of the election at
which this amendment is adopted shall be deemed to have fulfilled the requirements of
Subsection A of this section and the justice or judge shall be eligible for retention or rejection by
the electorate at the general election next preceding the end of the term of which the justice or
judge was last elected prior to the adoption of this amendment.  

Added November 8, 1988. 

*** MEND ***
*** MSTART 063 034.0 006.0 0 NM 1911 1988 ***

Article 6, section 34
34.   The office of any justice or judge subject to the provisions of Section 33 of Article 6 of this
constitution becomes vacant on January l immediately following the general election at which the
justice or judge is rejected by a majority of those voting on the question of his retention or
rejection or on January l immediately following the date he fails to file a declaration of candidacy
for the retention of his office in the general election at which the justice or judge would be
subject to retention or rejection by the electorate.  Otherwise, the office becomes vacant upon the
date of the death, resignation or removal by impeachment of the justice or judge.  The date for
filing a declaration of candidacy for retention of office shall be the same as that for filing a
declaration of candidacy in a primary election.  

New.  Added November 8, 1988.

*** MEND ***
*** MSTART 064 035.0 006.0 0 NM 1911 1988 ***

Article 6, section 35
35.  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 licenses 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 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 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 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 person appointed shall
serve until the next general election.  That person's successor shall be chosen at such election and
shall hold the office until the expiration of the original term.  

New.   Added November 8, 1988

*** MEND ***
*** MSTART 065 036.0 006.0 0 NM 1911 1988 ***

Article 6, section 36
36.  Thee is created the "district court judges nominating committee" for each judicial district. 
Each and every provision of Section 35 of Article 6 of this constitution shall apply to the "district
judges nominating committee" except that: the chief judge of the district court of that judicial
district or the chief judge's designee from that district court shall sit on the committee; there shall
be only one appointment from the court of appeals; and the citizen members and state bar
members shall be persons who reside in that judicial district.

New.  Added November 8, 1988.

*** MEND ***
*** MSTART 066 037.0 006.0 0 NM 1911 1988 ***

Article 6, section 37
37.  There is created the "metropolitan court judges nominating committee" for each metropolitan
court.  Each and every provision of Section 35 or Article 6 of this constitution shall apply to the
metropolitan court judicial nominating committee except that: no judge of the court of appeals
shall sit on the committee; the chief judge of the district court of the judicial district in which the
metropolitan court is located or the chief judge's designee from that district court shall sit on the
committee; the chief judge of that metropolitan court or the chief judge's designee from that
metropolitan court shall sit on the committee only in the case of a vacancy in a metropolitan
court; and the citizen members and state bar members shall be persons who reside in the judicial
district in which that metropolitan court is located.  

New.  Added November 8, 1988.

*** MEND ***
*** MSTART 067 038.0 006.0 0 NM 1911 1988 ***

Article 6, section 38
38.  Each judicial district and metropolitan court district shall have a chief judge who shall have
the administrative responsibility for that judicial district or metropolitan court district.  Each
chief judge shall be selected by a majority of the district judges or, in the case of the metropolitan
court, by a majority of the metropolitan court judges in that judicial district or metropolitan court
district.  In the event of a tie, the senior judge shall be the chief judge.  

Added November 8, 1988.

*** MEND ***
*** MSTART 068 001.0 007.0 0 NM 1911 1967 ***

Article 7, section 1
1.  Every citizen of the United States, who is over the age of twenty-one years, and has resided in
New Mexico twelve months, in the county ninety days, and in the precinct in which he offers to
vote thirty days, next preceding the election, except idiots, insane persons and persons convicted
of a felonious or infamous crime unless restored to political rights, shall be qualified to vote at all
elections for public officers.  The legislature may enact laws providing for absentee voting by
qualified electors.  All school elections shall be held at different times from other elections.
   The legislature shall have the power to require the registration of the qualified electors as a
requisite for voting, and shall regulate the manner, time and places of voting.  The legislature
shall enact such laws as will secure the secrecy of the ballot, the purity of elections and guard
against the abuse of elective franchise.  Not more than two members of the board of registration,
and not more than two judges of election shall belong to the same political party at the time of
their appointment.  

Amended November 7, 1967.

*** MEND ***
*** MSTART 069 002.0 007.0 0 NM 1911 1921 ***

Article 7, section 2
2.  Every citizen of the United States who is a legal resident of the state and is a qualified elector
therein, shall be qualified to hold any public office in the state except as otherwise proved in this
Constitution. The right to hold public office in the state of New Mexico shall not be denied or
abridged on account of sex, and wherever the masculine gender is used in this Constitution, in
defining the qualifications for specific offices, it shall be construed to include the feminine
gender.  Provided however, that the payment of public road poll tax, school poll tax or service on
juries shall not be made a prerequisite to the right of a female to vote or hold office. 

Amended September 20, 1921.

*** MEND ***
*** MSTART 070 002.0 007.0 0 NM 1911 1961 ***

Article 7, section 2
2.  A.  Every citizen of the United States who is a legal resident of the state and is a qualified
elector therein, shall be qualified to hold any elective public office except as otherwise provided
in this constitution.               

B.  The legislature may provide bylaw for such qualifications and standards as may be necessary
for holding an appointive position by any public officer or employee.

C.  The right to hold public office in New Mexico shall not be denied or abridged on account of
sex, and wherever the masculine gender is used in this constitution, in defining the qualifications
for specific offices, it shall be construed to include the feminine gender; provided however, that
the payment of public road poll tax, school poll tax or service on juries shall not be made a
prerequisite to the right of a female to vote or hold office.

Amended September 19, 1961.

*** MEND ***
*** MSTART 071 002.0 007.0 0 NM 1911 1973 ***

Article 7, section 2 
2.  A. Every citizen of the United States who is a legal resident of the state and is a qualified
elector therein, shall be qualified to hold any elective public office except as otherwise provided
in this constitution.
   B. The legislature may provide by law for such qualifications and standards as may be
necessary for holding an appointive position by any public officer or employee.
   C. The right to hold public office in New Mexico shall not be denied or abridged on account of
sex, and wherever the masculine gender is used in this constitution, in defining the qualifications
for specific offices, it shall be construed to include the feminine gender.  The payment of public
road poll tax, school poll tax or service on juries shall not be made a prerequisite to the right of a
person to vote or hold office.  

Amended November 6, 1973.

*** MEND ***
*** MSTART 072 005.0 006.0 0 NM 1911 1962 ***

Article 6, section 5
5.  All elections shall be by ballot, and the person who receives the highest number of votes for
any office, except in the cases of the offices of governor and lieutenant governor, shall be
declared elected thereto.  The joint candidates receiving the highest number of votes for the
offices of governor and lieutenant governor shall be declared elected to those offices.  

Amended November 6, 1962.

*** MEND ***
*** MSTART 073 001.0 008.0 0 NM 1911 1914 ***

Article 8, section 1
1.  Taxes levied upon tangible property shall be in proportion to the value thereof, and taxes shall
be equal and uniform upon subjects of taxation of the same class.

Amended November 3, 1914.

*** MEND ***
*** MSTART 074 001.0 008.0 0 NM 1911 1971 ***

Article 8, section 1
1.  Taxes levied upon tangible property shall be in proportion to the value thereof, and taxes shall
be equal and uniform upon subjects of taxation of the same class.  Different methods may be
provided by law to determine value of different kinds of property, but the percentage of value
against which tax rates are assessed shall not exceed thirty-three and one-third percent.  

Amended November 2, 1971.

*** MEND ***
*** MSTART 075 002.0 008.0 0 NM 1911 1914 ***

Article 8, section 2 
2.taxes levied upon real or personal property for state revenue shall not exceed four mills
annually on each dollar of the assessed valuation thereof except for the support o the educational,
penal and charitable institutions of the state, payment of the state debt and interest thereon; and
the total annual tax levy upon such property for all state purposes exclusive of necessary levies
for the state debt shall not exceed ten mills.

Amended November 3, 1914.

*** MEND ***
*** MSTART 076 002.0 008.0 0 NM 1911 1933 ***

Article 8, section 2
2.  Taxes levied upon real or personal property for state revenue shall not exceed four mills
annually on each dollar of the assessed valuation thereof except for the support of the
educational, penal and charitable institutions of the state, payment of the state debt and interest
thereon; and the total annual tax levy upon such property for all state purposes exclusive of
necessary levies for the state debt shall not exceed ten mills; provided, however, that taxes levied
upon real or personal tangible property for all purposes, except special levies on specific classes
of property and except necessary levies for public debt, shall not exceed twenty mills annually on
each dollar of the assessed valuation thereof, but laws may be passed authorizing additional taxes
to be levied outside of such limitation when approved by at least a majority of the electors of the
taxing district voting on such proposition.  

Amended September 19, 1933.


*** MEND ***
*** MSTART 077 002.0 008.0 0 NM 1911 1967 ***

Article 8, section 2
2.  Taxes levied upon real or personal property for state revenue shall not exceed four mills
annually on each dollar of the assessed valuation thereof except for the support of the
educational, penal and charitable institutions of the state, payment of the state debt and interest
thereon; and the total annual tax levy upon such property for all state purposes exclusive of
necessary levies for the state debt shall not exceed ten mills; provided, however, that taxes levied
upon real or personal tangible property for all purposes, except special levies on specific classes
of property and except necessary levies for public debt, shall not exceed twenty mills annually on
each dollar of the assessed valuation thereof, but laws may be passed authorizing additional taxes
to be levied outside of such limitation when approved by at least a majority of the qualified
electors of the taxing district who paid a property tax therein during the preceding year voting on
such proposition.  

Amended November 7, 1967.

*** MEND ***
*** MSTART 078 003.0 008.0 0 NM 1911 1914 ***

Article 8, section 3         
3. The property of the United States, the State and all Counties, Towns. Cities and School
Districts, and other municipal corporations, public libraries, community ditches and all laterals     
  thereof, all church property, all property used for educational or charitable purposes, all
cemeteries not used or held for private or corporate profit, and all bonds of the State of New
Mexico, and of the counties, municipalities and districts thereof shall be exempt from taxation.
         
Amended November 3, 1914.

*** MEND ***
*** MSTART 079 003.0 008.0 0 NM 1911 1972 ***

Article 8, section 3 
3.  The property of the United States, the state and all counties, towns, cities and school districts
and other municipal corporations, public libraries, community ditches and all laterals thereof, all
church property not used for commercial purposes, all property used for educational or charitable
purposes, all cemeteries not used or held for private or corporate profit and all bonds of the state
of New Mexico, and of the counties, municipalities and districts thereof shall be exempt from
taxation.
   Provided, however, that any property acquired by public libraries, community ditches and all
laterals thereof, property acquired by churches, property acquired and used for educational or
charitable purposes, and property acquired by cemeteries not used or held for private, or
corporate profit, and property acquired by the Indian service and property acquired by the United
States government or by the state of New Mexico by outright purchase or trade, where such
property was, prior to such transfer, subject to the lien of any tax or assessment for the principal
or interest of any bonded indebtedness shall not be exempt from such lien, nor from the payment
of such taxes or assessments.
   Exemptions of personal property from ad valorem taxation may be provided by law if approved
by a three-fourths majority vote of all the members elected to each house of the legislature.  

Amended November 7, 1972.

*** MEND ***
*** MSTART 080 004.0 008.0 0 NM 1911 1914 ***

Article 8, section 4
4. Any public officer making any profit out of public monies or using the same for any purpose
not authorized by law, shall be deemed guilty of a felony and shall be punished as provided by
law, and shall be disqualified to hold public office. All public monies not invested in interest
bearing securities shall be deposited in National Banks in this State or in banks or trust        
companies incorporated under the laws of the State, and the interest derived therefrom shall be
applied in the manner prescribed by law.
         
Amended November 3, 1914.

*** MEND ***
*** MSTART 081 004.0 008.0 0 NM 1911 1967 ***

Article 8, section 4
4.  Any public officer making any profit out of public moneys or using the same for any purpose
not authorized by law, shall be deemed guilty of a felony and shall be punished as provided by
law and shall be disqualified to hold public office.  All public moneys not invested in interest-
bearing securities shall be deposited in national banks in this state, in banks or trust companies
incorporated under the laws of the state, in federal savings and loan associations in this state, in
savings and loan associations incorporated under the laws of this state whose deposits are insured
by an agency of the United States and the interest derived therefrom shall be applied in the
manner prescribed by law.  The conditions of such deposits shall be provided by law.  

Amended November 7, 1967.

*** MEND ***
*** MSTART 082 004.0 008.0 0 NM 1911 1986 ***

Article 8, section 4
4.  Any public officer making any profit out of public money or using the same for any purpose
not authorized by law, shall be deemed guilty of a felony and shall be punished as provided by
law and shall be disqualified to hold public office.  All public money not invested in interest-
bearing securities shall be deposited in national banks in this state, in banks or trust companies
incorporated under the laws of the state, in federal savings and loan associations in this state, in
savings and loan associations incorporated under the laws of this state whose deposits are insured
by an agency of the United States and in credit unions incorporated under the laws of this state or
the United States to the extend that such deposits of public money in credit unions are insured by
an agency of the United States, and the interest derived therefrom shall be applied in the manner
prescribed by law.  The conditions of such deposits shall be provided by law.  

Amended November 4, 1986.

*** MEND ***
*** MSTART 083 005.0 008.0 0 NM 1911 1914 ***

Article 8, section 5
5.  The Legislature may exempt fro taxation property of each head of a family to the amount of
two hundred dollars.

Amended November 3, 1914.

*** MEND ***
*** MSTART 084 005.0 008.0 0 NM 1911 1921 ***

Article 8, section 5
5.  The legislature may exempt from taxation property of each head of a family to the amount of
two hundred dollars, and the property of every honorably discharged soldier, sailor, marine and
army nurse, and the widow of every such soldier, sailor, or marine, who served in the armed
forces of the United States at any time during the period in which the United states was regularly
and officially engaged in any war, in the sum of two thousand dollars.  Provided, that in every
case where exemption is claimed on the ground of the claimants having served with the military
or naval forces of the Unites States as aforesaid, the burden of proving actual and bona fide
ownership of such property, upon which exemption is claimed, shall be upon the claimant.

Amended September 20, 1921.

*** MEND ***
*** MSTART 085 005.0 008.0 0 NM 1911 1949 ***

Article 8, section 5
5.  The legislature may exempt from taxation the property of each head of the family to the
amount of two hundred dollars ($200) and the property, including the community or joint
property of husband and wife, of every honorably discharged member of the armed forces of the
United States and the widow of every such honorably discharged member of the armed forces of
the Unites States who served in the armed forces of the Unites States at any time during which
the United States was regularly and officially engaged in any war, in the sum of two thousand
dollars ($2000).  Provided, that in every case where exemption is claimed on the ground of the
claimant's having served with the armed forces of the United States as aforesaid, the burden of
proving actual and bona fide ownership of such property upon which exemption is claimed, shall
be upon the claimant.  

Amended September 20, 1949.

*** MEND *** 
*** MSTART 086 005.0 008.0 0 NM 1911 1973 ***

Article 8, section 5 
5.  The legislature shall exempt from taxation the property of each head of the family to the
amount of two thousand dollars ($2,000) as follows: in 1989, the legislature shall exempt from
taxation eight hundred dollars ($800), in 1991, one thousand four hundred dollars ($1,400) and
beginning in 1993, two thousand dollars ($2,000).  The legislature shall also exempt from
taxation the property, including the community or joint property of husband and wife, of every
honorably discharged member of the armed forces of the United States who served in such armed
forces during any period in which they were or are engaged in armed conflict under orders of the
president of the United States, and the widow of every such honorably discharged member of the
armed forces of the United States, in the sum of two thousand dollars ($2,000).  Provided, that in
every case where exemption is claimed on the ground of the claimant's having served with the
armed forces of the United States as aforesaid, the burden of proving actual and bona fide
ownership of such property upon which exemption is claimed, shall be upon the claimant. 

Amended November 6, 1973.

*** MEND ***
*** MSTART 087 005.0 008.0 0 NM 1911 1988 ***

Article 8, section 5
5.  The legislature shall exempt from taxation the property of each head of the family to the
amount of two thousand dollars ($2,000) as follows: in 1989, the legislature shall exempt from
taxation eight hundred dollars ($800), in 1991, one thousand four hundred dollars ($1,400) and
beginning in 1993, two thousand dollars ($2,000).  The legislature shall also exempt from
taxation the property, including the community or joint property of husband and wife, of every
honorably discharged member of the armed forces of the United States who served in such armed
forces during any period in which they were or are engaged in armed conflict under orders of the
president of the United States, and the widow or widower of every such honorably discharged
member of the armed forces of the United States, in the sum of two thousand dollars ($2,000). 
Provided, that in every case where exemption is claimed on the ground of the claimant's having
served with the armed forces of the United States as aforesaid, the burden of proving actual and
bona fide ownership of such property upon which exemption is claimed, shall be upon the
claimant.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 088 006.0 008.0 0 NM 1911 1914 ***

Article 8, section 6

6.  Lands held in large tracts shall not be assessed for taxation at any lower value per acre then
[than] lands of the same character or quality and similarly situated, held in smaller tracts.  The
plowing of land shall not be considered as adding value thereto for the purpose of taxation.  

Amended November 3, 1914.

*** MEND ***
*** MSTART 089 007.0 008.0 0 NM 1911 1914 ***

Article 8, section 7 

7.  No execution shall issue upon judgment rendered against the board of county commissioners
of any county, or against any incorporated city, town or village, school district or board of
education; or against any officer of any county, incorporated city, town or village, school district
or board of education, upon any judgment recovered against him in his official capacity and for
which the county, incorporated city, town or village, school district or board of education, is
liable, but the same shall be paid out of the proceeds of a tax levy as other liabilities of counties,
incorporated cities, towns or villages, school districts or boards of education, and when so
collected shall be paid by the county treasurer to the judgment creditor.  

Amended November 3, 1914.

*** MEND ***
*** MSTART 090 008.0 008.0 0 NM 1911 1973 ***

Article 8, section 8 

8.  Personal property which is moving in interstate commerce through or over the state of New
Mexico, or which was consigned to a warehouse, public or private, or factory within New
Mexico from outside the state for storage in transit to a final destination outside the state of New
Mexico, manufacturing, processing or fabricating while in transit to a final destination, whether
specified when transportation begins or afterwards, which destination is also outside the state,
shall be deemed not to have acquired a situs in New Mexico for purposes of taxation and shall be
exempt from taxation.  Such property shall not be deprived of such exemption because while in
the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut,
broken in bulk, relabeled or repackaged.  

New.  Added November 6, 1973.

*** MEND ***
*** MSTART 091 009.0 008.0 0 NM 1911 1974 ***

Article 8, section 9

9.  No tax or assessment of any kind shall be levied by any political subdivision whose enabling
legislation does not provide for an elected governing authority.  This section does not prohibit the
levying or collection of a tax or special assessment by an initial appointed governing authority
where the appointed governing authority will be replaced by an elected one within six years of
the date the appointed authority takes office.  The provisions of this section shall not be effective
until July l, 1976.  

New.  Added November 5, 1974.  The 1974 amendment added a new Section 9 to Article VIII. 
The resolution did not state whether the provision would be a new Section 9 in Article VIII, but
the former compiler so designated it, and the present compiler has left it as such for the sake of
consistency.

Former section 9 deleted by amendment passed November 3, 1914.  The amendment amended
Article 8 in its entirety and contained only seven sections.  The contents of former Sections 10 to
13 of this article were inserted in present Sections 4 to 7 of this article, respectively.

*** MEND ***
*** MSTART 791 010.0 008.0 0 NM 1911 1982 ***

Article 8, section 10
10.  There shall be deposited in a permanent trust fund known as the "severance tax permanent
fund" that part of state revenue derived from excise taxes which have been or shall be designated
severance taxes imposed upon the severance of natural resources within this state, in excess of
that amount which has been or shall be reserved by statute for the payment of principal and
interest on outstanding bonds to which severance tax revenue has been or shall be pledged. 
Money in the severance tax permanent fund shall not be expanded but shall be invested as
provided by law.  The income from investments shall be appropriated by the legislature as other
general operating revenue is appropriated for the benefit of the people of the state.
   Money credited to the severance tax permanent fund at the time of the adoption of this
amendment shall be credited to and become a part of the permanent trust fund known as the
"severance tax permanent fund" hereby created.  

Amended November 2, 1982.

*** MEND *** 
*** MSTART 092 011.0 008.0 0 NM 1911 1914 ***

Article 8, section 11 
Article 8, section 11 repealed by amendment approved November 3, 1914.  That amendment
amended Article 8 in its entirety and contained only seven sections.  The contents of former
Sections 10 to 13 of this article were inserted in present Sections 4 to 7 of this article,
respectively.

*** MEND ***
*** MSTART 093 012.0 008.0 0 NM 1911 1914 ***

Article 8, section 12

Article 8, section 12 repealed by amendment approved November 3, 1914.  That amendment
amended Article 8 in its entirety and contained only seven sections.  The contents of former
Sections 10 to 13 of this article were inserted in present Sections 4 to 7 of this article,
respectively.

*** MEND ***
*** MSTART 094 013.0 008.0 0 NM 1911 1914 ***

Article 8, section 13

Article 8, section 13 repealed by amendment approved November 3, 1914.  That amendment
amended Article 8 in its entirety and contained only seven sections.  The contents of former
Sections 10 to 13 of this article were inserted in present Sections 4 to 7 of this article,
respectively.

*** MEND ***
*** MSTART 095 010.0 009.0 0 NM 1911 1964 ***

Article 9, section 10

10. No county shall borrow money except for the purpose of erecting, remodeling and making
additions to necessary public buildings, or constructing or repairing public roads and bridges, and
in such cases only after the proposition to create such debt has been submitted to the qualified
electors of the county, who paid a property tax therein during the preceding year, and approved
by a majority of those voting thereon.  No bonds issued for such purpose shall run for more than
fifty years.  Provided, however, that no moneys derived from general obligation bonds issued and
sold hereunder, shall be used for maintaining existing buildings and, if so, such bonds shall be
invalid.

Amended November 3, 1964.

*** MEND ***
*** MSTART 096 010.0 009.0 0 NM 1911 1988 ***

Article 9, section 10

10.  No county shall borrow money except for the following purposes:
        A. erecting, remodeling and making additions to necessary public buildings;
        B. constructing or repairing public roads and bridges;
        C. constructing or acquiring a system for supplying water, including the acquisition of water
and water rights, necessary real estate or rights-of-way and easements;
         D. constructing or acquiring a sewer system, including the necessary real estate or rights-of-
way and easements;
         E. constructing an airport or sanitary landfill, including the necessary real estate; or
         F. the purchase of books and other library resources for libraries in the county, 
   In such cases, indebtedness shall be incurred only after the proposition to create such debt has
been submitted to the registered voters of the county and approved by a majority of those voting
thereon.  No bonds issued for such purpose shall run for more than fifty years.  Provided,
however, that no money derived from general obligation bonds issued and sold hereunder shall
be used for maintaining existing buildings and, if so, such bonds shall be invalid.  

Amended November 8, 1988.

*** MEND ***
*** MSTART 097 011.0 009.0 0 NM 1911 1933 ***

Article 9, section 11
11.  No school district shall borrow money, except for the purpose of erecting and furnishing
school buildings or purchasing school grounds, and in such cases only when the proposition to
create the debt shall have been submitted to a vote of such qualified electors of the district as are
owners of real estate within such school district, and a majority of those voting on the question
shall have voted in favor of creating such debt.  No school district shall ever become indebted in
an amount exceeding six per centum on the assessed valuation of the taxable property within
such school district, as shown by the preceding general assessment.

Amended September 19, 1933.

*** MEND ***
*** MSTART 098 011.0 009.0 0 NM 1911 1965 ***

Article 9, section 11 

11.  No school district shall borrow money except for the purpose of erecting, remodeling,
making additions to and furnishing school buildings or purchasing or improving school grounds
or any combination of these purposes, and in such cases only when the proposition to create the
debt has been submitted to a vote of such qualified electors of the district as are owners of real
estate within the school district and a majority of those voting on the question have voted in
favor of creating such debt.  No school district shall ever become indebted in an amount
exceeding six percent on the assessed valuation of the taxable property within the school district
as shown by the preceding general assessment.  

Amended September 28, 1965.

*** MEND ***
*** MSTART 099 012.0 009.0 0 NM 1911 1964 ***

Article 9, section 12  
          
12.  No city, town or village shall contract any debt except by an ordinance, which shall be
irrepealable until the indebtedness therein provided for shall have been fully paid or discharged,
and which shall specify the purposes to which the funds to be raised shall be applied, and which
shall provide for the levy of a tax, not exceeding twelve mills on the dollar upon all taxable
property within such city, town or village, sufficient to pay the interest on, and to extinguish the
principal of, such debt within fifty years.  The proceeds of such tax shall be applied only to the
payment of such interest and principal.  No such debt shall be created unless the question of
incurring the same shall, at a regular election for councilmen, aldermen or other officers of such
city, town or village, or at any special election called for such purpose, have been submitted to a
vote of such qualified electors thereof as have paid a property tax therein during the preceding
year, and a majority of those voting on the question by ballot deposited in a separate ballot box
when voting in a regular election, shall have voted in favor of creating such debt.  A proposal
which does not receive the required number of votes for adoption at any special election called
for that purpose, shall not be resubmitted in any special election within a period of one year.  For
the purpose, only, of voting on the creation of the debt, any person owning property within the
corporate limits of the city, town or village who has paid a property tax therein during the
preceding year and who is otherwise qualified to vote in the county where such city, town or
village is situated shall be qualified elector.  

Amended November 3, 1964.

*** MEND ***
*** MSTART 100 014.0 009.0 0 NM 1911 1974 ***

Article 9, section 14 
14.  Neither the state, nor any county, school district, or municipality, except as otherwise
provided in this construction, shall directly or indirectly lend or pledge its credit, or make any
donation to or in aid of any person, association or public or private corporation, or in aid of any
private enterprise for the construction of any railroad; provided, nothing herein shall be construed
to prohibit the state or any county or municipality from making provision for the care and
maintenance of sick and indigent persons, nor shall it prohibit the state from establishing a
veterans' scholarship program fro Vietnam conflict veterans who are post-secondary students at
educational institutions under the exclusive control of the state by exempting such veterans from
the payment of tuition.  For the purposes of this  section a "Vietnam conflict veteran" is any
person who has been honorably discharged from the armed forces of the United States, who was
a resident of New Mexico at the original time of entry into the armed forces from New Mexico
and who has been awarded a Vietnam campaign medal for service in the armed forces of this
country in Vietnam during the period from August 5, 1964 to the official termination date of the
Vietnam conflict as designated by executive order of the president of the United States.  The state
may also establish by law a program of loans to students of the healing arts, as defined by law,
for residents of the state who, in return for the payment of educational expenses, contract with
the state to practice their profession for a period of years after graduation within areas of the state
designated by law.  

Amended November 5, 1974.

*** MEND ***
*** MSTART 101 016.0 009.0 0 NM 1911 1921 ***

Article 9, section 16
16.  Laws enacted by the fifth legislature authorizing the issue and sale of state highway bonds
for the purpose of providing funds for the construction and improvement of state highways and to
enable the state to meet and secure allotments of federal funds to aid in construction and
improvement of roads, and laws so enacted authorizing the issue and sale of state highway
debentures to anticipate the collection of revenues from motor vehicle licenses and other
revenues provided by law for the state road fund, shall take effect without submitting them to the
electors of the state, and notwithstanding that the total indebtedness of the state may thereby
temporarily exceed one per centum of the assessed valuation of all the property subject to
taxation in the state.  Provided, that the total amount of such state highway bonds payable from
proceeds of taxes levied on property outstanding at any one time shall not exceed two million
dollars [($2,000,000)].  The legislature shall not enact any law which will decrease the amount of
the annual revenues pledged for the payment of state highway debentures or which will divert
any of such revenues to any other purpose so long as any of the said debentures issued to
anticipate the collection thereof remain unpaid.  

New. Added September 20, 1921.

*** MEND ***
*** MSTART 102 002.0 010.0 0 NM 1911 1914 ***

Article 10, section 2
2.  All county officers shall be elected for a term of two years, and after having served two
consecutive terms, shall be ineligible to hold any office for two years thereafter.  

Amended November 3, 1914.

*** MEND ***
*** MSTART 103 004.0 010.0 0 NM 1911 1949 ***

Article 10, section 4
4.  A.  The legislature shall, by general law, provide for the formation of combined city and
county municipal corporations, and for the manner of determining the territorial limits thereof,
each of which shall be known as a "city and county," and, when organized, shall contain a
population of at least fifty thousand (50,000) inhabitants.  No such city and county shall be
formed except by a majority vote of the qualified electors of the area proposed to be included
therein, and if the proposed area includes any area not within the existing limits of a city, a
majority of those electors living outside the city, voting separately shall be required.  Any such
city and county shall be permitted to frame a charter for its own government, and amend the
same, in the manner provided by the legislature by general law for the formation and
organization of such corporations.
   B.  Every such charter shall designate the respective officers of such city and county who shall
perform the duties imposed by law upon county officers and shall make provisions for the
payment of existing city and county indebtedness as hereinafter required.  The officers of a city
and county, their compensation, qualifications, term of office and manner of election or
appointment, shall be as provided for in its charter, subject to general laws and applicable
constitutional provisions.  The salary of any elective or appointive officer of a city and county
shall not be changed after his election or appointment or during his term of office; nor shall the
term of any such officer be extended beyond the period for which he is elected or appointed. 
Every such city and county shall have and enjoy all rights, powers and privileges asserted in its
charter not inconsistent with its general laws, and, in addition thereto, such rights, powers and
privileges as may be granted to it, or possessed and enjoyed by cities and counties of like
population separately organized.
   C.  No city or county government existing outside the territorial limits of such city and county
shall exercise any police, taxation or other powers within the territorial limits of such city and
county, but all such powers shall be exercised by the city and county and the officers thereof,
subject to such constitutional provisions and general laws as apply to either cities or counties.
   D.  In case an existing county is divided in the formation of city and county government, such
city and county shall be liable for a just proportion of the existing debts or liabilities of the
former county and shall account for and pay the county remaining a just proportion of the value
of any real estate or other property owned by the former county and taken over by the city and
county government, the method of determining such proportion shall be prescribed by general
law, but such division shall not affect the rights of creditors.
   E.  Nothing herein contained shall be construed to alter or amend the existing constitutional
provisions regarding apportionment of representation in the legislature or in the boundaries of
legislative districts or judicial districts, nor the jurisdiction or organization of the district or
probate courts.  

New. Added September 20, 1949.

*** MEND ***
*** MSTART 104 005.0 010.0 0 NM 1911 1964 ***

Article 10, section 5
5.  Any county at the time of the adoption of this amendment, which is less than one hundred
forty-four square miles in area and has a population of ten thousand or more may become an
incorporated county by the following procedure:
    A. upon the filing of a petition containing the signatures of at least ten percent of the registered
voters in the county, the board of county commissioners shall appoint a charter commission
consisting of not less than three persons to draft an incorporated county charter; or
     B.  the board of county commissioners may, upon its own initiative, appoint a charter
commission consisting of not less than three persons to draft an incorporated county charter; and
    C. the proposed charter drafted by the charter commission shall be submitted to the qualified
voters of the county within one year after the appointment of the commission and if adopted by a
majority of the qualified voters voting in the election the county shall become an incorporated
county.
   The charter of an incorporated county shall provide for the form and organization of the
incorporated county government and shall designate those officers which shall be elected, and
those officers and employees which shall perform the duties assigned by law to county officers.
   An incorporated county may exercise all powers and shall be subject to all limitations granted
to municipalities by Article 9, Section 12 of the constitution of New Mexico and all powers
granted to municipalities by statute.
   A charter of an incorporated county shall be amended in accordance with the provisions of the
charter.
   Nothing herein contained shall be construed to alter or amend the existing constitutional
provisions regarding apportionment of representation in the legislature or in the boundaries of
legislative districts or judicial districts, nor the jurisdiction or organization of the district or
probate courts.
   The provisions of this amendment shall be self-executing.  

New.  Added November 3, 1964.

*** MEND ***
*** MSTART 105 006.0 010.0 0 NM 1911 1970 ***

Article 10, section 6
6.  A.  For the purpose of electing some or all of the members of the governing body of a
municipality:
                (1) the legislature may authorize a municipality by general law to be districted;
              (2) if districts have not been established as authorized by law, the governing body of a
municipality may, by resolution, authorize the districting of the municipality.  The resolution
shall not become effective in the municipality until approved by a majority vote in the
municipality; and
                (3) if districts have not been established as authorized by law or by resolution, the
voters of a municipality, by a petition which is signed by not less than five percent of the
registered qualified electors of the municipality and which specified the number of members of
the governing body to be elected from districts, may require the governing body to submit to the
registered qualified electors of the municipality, at the next regular municipal election held not
less than sixty days after the petition is filed, a resolution requiring the districting of the
municipality by its governing body.  The resolution shall not become effective in the
municipality until approved by a majority vote in the municipality.  The signatures for a petition
shall be collected within a six-months period.
   B.  Any member of the governing body of a municipality representing a district shall be a
resident of, and elected by, the registered qualified electors of that district.
   C. The registered qualified electors of a municipality may adopt, amend or repeal a charter in
the manner provided by law.  In the absence of law, the governing body of a municipality may
appoint a charter commission upon its own initiative or shall appoint a charter commission upon
the filing of a petition containing the signatures of at least five percent of the registered qualified
electors of the municipality.  The charter commission shall consist of not less than seven
members who shall draft a proposed charter.  The proposed charter shall be submitted to the
registered qualified electors of the municipality within one year after the appointment of the
charter commission.  If the charter is approved by a majority vote in the municipality, it shall
become effective at the time and in the
manner provided in the charter.
   D.  A municipality which adopts a charter may exercise all legislative powers and perform all
functions not expressly denied by general law or charter.  This grant of powers shall not include
the power to enact private or civil laws governing civil relationships except as incident to the
exercise of an independent municipal power, nor shall it include the power to provide for a
penalty greater than the penalty provided for a petty misdemeanor.  No tax imposed by the
governing body of a charter municipality, except a tax authorized by general law, shall become
effective until approved by a majority vote in the charter municipality.
   E.  The purpose of this section is to provide for maximum local self-government.  A liberal
construction shall be given to the powers of municipalities.  

New.  Added November 3, 1970.

*** MEND ***
*** MSTART 106 007.0 010.0 0 NM 1911 1973 ***

Article 10, section 7

7.  In those counties having a population of more than one hundred thousand, as shown by the
most recent decennial census and having a final, full assessed valuation in excess of seventy-five
million dollars ($75,000,000), the elected board of county commissioners shall consist of five
members. The county shall be divided into five county commission districts which shall be
compact, contiguous and as nearly equal in population as practicable. One county commissioner
shall reside within, and be elected from, each county commission district. Change of residence to
a place outside the district from which a county commissioner was elected shall automatically
terminate the service of that commissioner and the office shall be declared vacant.  County
commissioners serving on a five-member boards of county commissioners shall serve terms of
four years, and after having served two consecutive terms, shall be ineligible to hold any county
office for four years thereafter.
Provided, that in the first general election immediately following the adoption of this
amendment, two county commissioners shall each be elected for a term of two years; two county
commissioners shall each be elected for a term of four years; and one county commissioner shall
be elected for a term of six years; thereafter, each county commissioner shall be elected for a
term of four years.

Amended November 6, 1973.

*** MEND ***
*** MSTART 107 007.0 010.0 0 NM 1911 1980 ***

Article 10, section 7  
7.  A.  In those counties having a population of more than one hundred thousand, as shown by the
most recent decennial census, and having a final, full assessed valuation in excess of seventy-five
million dollars ($75,000,000), the elected board of county commissioners shall consist of five
members.  The county shall be divided into five county commission districts which shall be
compact, contiguous and as nearly equal in population as practicable.  One county commissioner
shall reside within, and be elected from, each county commission district.  Change of residence
to a place outside the district from which a county commissioner was elected shall automatically
terminate the service of that commissioner and the office shall be declared vacant.
   County commissioners serving on five-member boards of county commissioners pursuant to
this subsection shall serve terms of four years, and after having served two consecutive terms,
shall be ineligible to hold any county office for four years thereafter.
   Provided, that in the first general election immediately following the adoption of this
amendment, two county commissioners shall each be elected for a term of two years; two county
commissioners shall each be elected for a term of four years; and one county commissioner shall
be elected for a term of six years; thereafter, each county commissioner shall be elected for a
term of four years.
   B. In those counties having a population of less than one hundred thousand but more than
sixty-five thousand, as shown by the 1970 decennial census, and a final, full assessed valuation
in excess of two hundred million dollars ($200,000,000) but less than four hundred fifty million
dollars ($450,000,000) according to final assessed valuations for 1978 certified by the property
tax division of the taxation and revenue department, the elected board of county commissioners
may consist of five members, if a majority of the voters in the county voting thereon, according
to the procedures established by law, approve the creation of a five-member board.  Upon the
creation of a five-member board, the county shall be divided by the incumbent board of county
commissioners into five county commission districts which shall be compact, contiguous and as
nearly equal in population as practicable.  One county commissioner shall reside within, and be
elected from, each county commission district.  Change of residence to a place outside the district
from which a county commissioner was elected shall automatically terminate the service of that
commissioner and the office shall be declared vacant.

Amended November 4, 1980.

*** MEND ***
*** MSTART 108 007.0 010.0 0 NM 1911 1992 ***

Article 10, section 7
7.  The board of county commissioners by unanimous vote may adopt an ordinance to increase
the size of the boards of county commissioners to five members.  Upon creation of a five-
member board, the county shall be divided by the incumbent board of county commissioners into
five county commission districts that shall be compact, contiguous and as nearly equal in
population as practicable.  One county commissioner shall reside within and be elected from each
county commission district.  Change of residence to a place outside the district from which a
county commissioner was elected shall automatically terminate the service of that commissioner
and the office shall be declared vacant.

Amended November 3, 1992.

*** MEND ***
*** MSTART 109 008.0 010.0 0 NM 1911 1984 ***

Article 10, section 8 
8.  A state rule or regulation mandating any county or city to engage in any new activity, to
provide any new service or to increase any current level of activity or to provide any service
beyond that required by existing law, shall not have the force of law, unless, or until, the state
provides sufficient new funding or a means of new funding to the county or city to pay the cost of
performing the mandated activity or service for the period of time during which the activity or
service is required to be performed. 

New.  Added November 6, 1984.

*** MEND ***
*** MSTART 110 005.0 011.0 0 NM 1911 1964 ***

Article 11, section 5
5.  The legislature shall provide suitable quarters for the commission, and funds for its lawful
expenses, including necessary traveling expenses, witness fees and mileage and cost of executing
process issued by the commission, or the supreme court, or the district courts.  The salary of each
commissioner shall be prescribed by the legislature.  

Amended November 3, 1964.

*** MEND ***
*** MSTART 111 007.0 011.0 0 NM 1911 1964 ***

Article 11, section 7
7.  The commission shall have power and be charged with the duty of fixing, determining,
supervising, regulating and controlling all charges and rates of railway, express, telegraph,
telephone, sleeping-car and other transportation and transmission companies and common
carriers within the state and of determining any matters of public convenience and necessity
relating to such facilities as expressed herein in the manner which has been or shall be provided
by law; to require railway companies to provide and maintain adequate depots, stock-pens,
station buildings, agents and facilities for the accommodation of passengers and for receiving and
delivering freight and express; to provide and maintain necessary crossings, culverts and sidings
upon and alongside
their roadbeds, whenever in the judgment of the commission the public interests demand, and as
may be reasonable and just. The commission shall also have power and be charged with the duty
to make and enforce reasonable and just rules requiring the supplying of cars and equipment for
the use of shippers and passengers, and to require all intrastate railways, transportation
companies or common carriers, to provide such reasonable safety appliances in connection with
all       equipment, as may be necessary and proper for the safety of its employees and the public,
and as are now or may be required by the federal laws, rules and regulations governing interstate
commerce. The commission shall have power to change or alter such rates, to change, alter or
amend its orders, rules, regulations or determinations, and to enforce the same in the manner
prescribed herein; provided, that in the matter of fixing rates of telephone and telegraph
companies, due consideration shall be given to the earnings, investment and expenditure as a
whole within the state. No general change in a rate, fare or charge shall be collected by any
telephone or telegraph company or common carrier until such proposed increase is approved by
the commission or, in the event of removal, until such proposed increase is approved by the
supreme court except as otherwise provided in this constitution. The commission shall have
power to subpoena witnesses and enforce their attendance before the commission, through any
district court or the supreme court of the state, and through such court to punish for contempt;
and it shall have power, upon a hearing, to determine and decide any question given to it herein,
and in case of failure or refusal of any person, company or corporation to comply with any order
within the time limit therein, unless an order of removal shall have been taken from such order
by the company or corporation to the supreme court of this state, it shall immediately become the
duty of the commission to remove such order, with the evidence adduced upon the hearing, with
the documents in the case to the supreme court of this state. Any company, corporation or
common carrier which does not comply with the order of the commission within the time limited
therefor, may file with the commission a petition to remove such cause to the supreme court,       
and in the event of such removal by the company, corporation or common carrier, or other party
to such hearing, the supreme court may, upon application, in its discretion or of its own motion,
require or authorize additional evidence to be taken in such cause; but in the event of removal by
the commission, upon failure of the company, corporation or common carrier, no additional
evidence shall be allowed. The supreme court, for the consideration of such causes arising
hereunder, shall be in session at all times, and shall give precedence to such causes. Any party to
such hearing before the commission, shall have the same right to remove the order entered
therein to the supreme court of the state, as given under the provisions hereof to the company or
corporation against which such order is directed.
In addition to the other powers vested in the supreme court by this constitution and the laws of
the state, the said court shall have the power and it shall be its duty to decide such cases on their
merits, and carry into effect its judgments, orders and decrees made in such cases, by fine,
forfeiture, mandamus, injunction and contempt or other appropriate proceedings.

Amended November 3, 1964.

*** MEND ***
*** MSTART 112 007.0 011.0 0 NM 1911 1982 ***

Article 11, section 7
7.  The commission shall have power and be charged with the duty of fixing, determining,
supervising, regulating and controlling all charges and rates of railway, express, telegraph,
telephone, sleeping car and other transportation and transmission companies and common
carriers within the state and of determining any matters of public convenience and necessity
relating to such facilities as expressed herein in the manner which has been or shall be provided
by law; to require railway companies to provide and maintain adequate depots, stockpens, station
buildings, agents and facilities for the accommodation of passengers and for receiving and
delivering freight and express; to provide and maintain necessary crossings, culverts and sidings
upon and alongside their roadbeds, whenever in the judgment of the commission the public
interests demand, and as may be reasonable and just.  The commission shall also have power and
be charged with the duty to make and enforce reasonable and just rules requiring the supplying of
cars and equipment for the use of shippers and passengers, and to require all intrastate railways,
transportation companies or common carriers, to provide such reasonable safety appliances in
connection with all equipment, as may be necessary and proper for the safety of its employees
and the public, and as are now or may be required by the federal laws, rules and regulations
governing interstate commerce.  The commission shall have power to change or alter such rates,
to change, alter or amend its orders, rules, regulations or determinations, and to enforce the same
in the manner prescribed herein; provided, that in the matter of fixing rates of telephone and
telegraph companies, due consideration shall be given to the earnings, investment and
expenditure as a whole within the state.  The commission shall include in that consideration the
earning, investment and expenditures derived from or related to the sale of directory advertising
and other directory listing services.  No general change in a rate, fare or charge shall be collected
by any telephone or telegraph company or common carrier until such proposed increase is
approved by the commission or, in the event of removal, until such proposed increase is
approved by the supreme court except as otherwise provided in this constitution.  The
commission shall have power to subpoena witnesses and enforce their attendance before the
commission, through any district court or the supreme court of the state, and through such court
to punish for contempt; and it shall have power, upon a hearing, to determine and decide any
question given to it here, and in case of failure or refusal of any person, company or corporation
to comply with any order within the time limit therein, unless an order of removal shall have
been taken from such order by the company or corporation to the supreme court of this state, it
shall immediately become the duty of the commission to remove such order, with the evidence
adduced upon the hearing, with the documents in the case to the supreme court of this state.  Any
company, corporation or common carrier which does not comply with the order of the
commission within the time limited therefor, may file with the commission a petition to remove
such cause to the supreme court, and in the event of such removal by the company, corporation or
common carrier, or other party to such hearing, the supreme court may, upon application, in its
discretion or of its own motion, require or authorize additional evidence to be taken in such
cause; but in the event of removal by the commission, upon failure of the company, corporation
or common carrier, no additional evidence shall be allowed.  The supreme court, for the
consideration of such causes arising hereunder, shall be in session at all times, and shall give
precedence to such causes.  Any party to such hearing before the commission, shall have the
same right to remove the order entered therein to the supreme court of the state, as given under
the provisions hereof to the company or corporation against which such order is directed.
   In addition to the other powers vested in the supreme court by this constitution and the laws of
the state, the said court shall have the power and it shall be its duty to decide such cases on their
merits, and carry into effect its judgments, orders and decrees made in such cases, by fine,
forfeiture, mandamus, injunction and contempt or other appropriate proceedings.  

Amended November 2, 1982.

*** MEND ***
*** MSTART 113 008.0 011.0 0 NM 1911 1964 ***

Article 11, section 8
8.  The commission shall determine no question nor issue any order in relation to the matters
specified in the preceding section, until after a public hearing held upon ten days' notice to the
parties concerned, except in case of default after such notice.  At any hearing before the
commission involving a general change in a rate, fare or charge, the burden of proof to show that
the proposed rate, fare or charge is just and reasonable, shall be upon the telephone or telegraph
company or common carrier proposing to establish and collect the rate, fare or charge.  The
commission shall hear and decide applications for a general change in a rate, fare or change with
reasonable promptness.  If within six months after having filed such an application the
commission has not entered an order disposing of the matter, the company or common carrier
may put the proposed change into effect.  In the event an aggrieved company or common carrier
removes to the supreme court a commission order deciding an application for a general change in
a rate, fare or charge the supreme court may allow the proposed change to be placed into effect
under bond in an amount and subject to terms and conditions as it may prescribe.  

Amended November 3, 1964.

*** MEND ***
*** MSTART 114 004.0 012.0 0 NM 1911 1971 ***

Article 12, section 4
4.  All fines and forefeitures [forfeitures] collected under general laws; the net proceeds of
property that may come to the state by escheat; the rentals of all school lands and other lands
granted to the state, the disposition of which is not otherwise provided for by the terms of the
grant or by act of congress; and the income derived from the permanent school fund, shall
constitute the current school fund of the state.  

Amended November 2, 1971.

*** MEND ***
*** MSTART 115 004.0 012.0 0 NM 1911 1986 ***

Article 12, section 4
4.  All forefeitures [forfeitures], unless otherwise provided by law, and all fines collected under
general laws; the net proceeds of property that may come to the state by escheat; the rentals of all
school lands and other lands granted to the state, the disposition of which is not otherwise
provided for by the terms of the grant or by act of congress; and the income derived from the
permanent school fund, shall constitute the current school fund of the state.  

Amended November 4, 1986.

*** MEND ***
*** MSTART 116 006.0 012.0 0 NM 1911 1958 ***

Article 12, section 6        
6.  A. There is hereby created a "state department of public education" and a "state board of
education". The state board of education shall determine public school policy and vocational
educational policy and shall have control, management and direction of all public schools,
pursuant to authority and powers provided by law. The board shall appoint a qualified,
experienced educational administrator to be known as the superintendent of public instruction,
who shall, subject to the policies established by the board, direct the operation of the state
department of public education.
         
B. The members of the state board of education shall be elected at the general election next
following the adoption of this amendment. One member shall be elected from each of the present
ten judicial districts. The initial board shall determine by lot from its membership three members
to serve terms of two years and three members to serve terms of four years. The remaining
members of the initial board shall serve terms of six years. Thereafter, as the terms of the initial
board members expire, their replacements shall be elected from the same districts for terms of six
years.
         
If additional judicial districts are created the legislature may provide by law for the election by
the people of a board of not less than seven members nor more than ten members from board of
education districts, created by the legislature.
         
The governor shall fill vacancies in the board by appointment of a resident from the district in
which the vacancy occurs. Appointments shall be made within sixty days after the vacancy
occurs. The appointed member shall serve until the next general election, at which time a
member shall be elected to complete the original unexpired term.

C. Board members shall be residents of the district they represent. Change of residence of a board
member to a place outside the district from which he was elected shall automatically terminate
the term of that member. The board members may be removed in the manner in which the
legislature may provide by law.

Amended November 4, 1958

*** MEND ***
*** MSTART 117 006.0 012.0 0 NM 1911 1986 ***

Article 12, section 6
6.  A.  There is hereby created a "state department of public education" and a "state board of
education".  The state board of education shall determine public school policy and vocational
educational policy and shall have control, management and direction, including financial
direction, distribution of school funds and financial accounting for all public school, pursuant to
authority and powers provided by law.  The board shall appoint a qualified, experienced
educational administrator to be known as the superintendent of public instruction, who shall,
subject to the policies established by the board, direct the operation of the state department of
public education.
   B.  Ten members of the state board of education who shall be state officers shall be elected for
staggered terms of four years as provided by law.  Board members shall be residents of the board
of education district from which they are elected.  Change of residence of a board member to a
place outside the district from which he was elected shall automatically terminate the term of that
member.
   C.  Five members of the state board of education who shall be state officers shall be nominated
and by and with the consent of the senate appointed by the governor from five districts
substantially equal in population for staggered four-year terms as provided by law.  Those
appointed by the governor shall be qualified electors of the state of New Mexico, no more than
one-half or a simple majority of whom at the time of their appointment shall be members of the
same political party.  After 1990, the member of appointed members may be charged by law not
to exceed five members.
   D.  The governor shall fill vacancies on the board by appointment of a resident from the district
in which the vacancy occurs until the next regular election for membership on the board.
   E.  Upon adoption of this amendment, all functions relating to the distribution of school funds
and financial accounting for the public schools shall be transferred to the state department of
public education to be performed as provided by law.  

Amended November 4, 1986.

*** MEND ***
*** MSTART 118 007.0 012.0 0 NM 1911 1958 ***

Article 12, section 7
12.  The principal of the permanent school fund, and other permanent funds, shall be invested by
a state investment officer in accordance with policy regulations promulgated by a state
investment council. The legislature may by a three-fourth's vote of the members elected to each
house provide that said funds may be invested in interest bearing or other securities. All losses
from such interest bearing notes or securities which have definite maturity dates shall be
reimbursed by the state.
In making investments, the state investment officer, under the supervision of the state investment
council, shall exercise the judgment and care under the circumstances then prevailing which
businessmen of ordinary prudence, discretion and intelligence exercise in the management of
their   own affairs not in regard to speculation but in regard to the permanent disposition of their
funds, considering the probable income as well as the probable safety of their capital; provided,
not more than twenty-five percent of the permanent school fund or other permanent fund, shall be
invested    at any given time in corporate stocks and bonds nor shall more than ten percent of the
voting stock of a corporation be held; and provided further, stocks eligible for purchase shall be
restricted to those stocks of businesses incorporated within the United States which have paid
dividends for ten consecutive years or longer immediately prior to the date of purchase and which
are listed upon a national stock exchange.

Amended November 4, 1958.

*** MEND ***
*** MSTART 119 007.0 012.0 0 NM 1911 1990 ***

Article 12, section 7
7.  The principal of the permanent school fund, and other permanent funds, shall be invested by a
state investment officer in accordance with policy regulations promulgated by a state investment
council.  The legislature may by a three-fourths vote of the members elected to each house
provide that said funds may be invested in interest-bearing or other securities.
   In making investments, the state investment officer, under the supervision of the state
investment council, shall exercise the judgement and care under the circumstances then
prevailing which businessmen of ordinary prudence, discretion and intelligence exercise in the
management of their own affairs not in regard to speculation but in regard to the permanent
disposition of their funds, considering the probable income as well as the probable safety of their
capital; provided, not more than fifty percent of the permanent school fund or other permanent
fund, shall be invested at any given time in corporate stocks and bonds nor shall more than ten
percent of the voting stock of a corporation be held and provided further, stocks eligible for
purchase shall be restricted to those stocks of businesses incorporated within the United States
which have paid dividends for ten consecutive years or longer immediately prior to the date of
purchase and which are listed upon a national stock exchange. 

Amended November 6, 1990.

*** MEND ***
*** MSTART 120 011.0 012.0 0 NM 1911 1960 ***

Article 12, section 11 
11.  The university of New Mexico, at Albuquerque; the New Mexico state university, near Las
Cruces, formerly known as New Mexico college of agriculture and mechanic arts; the New
Mexico highlands university, at Las Vegas, formerly known as New Mexico normal university;
the New Mexico western college, at Silver City, formerly known as New Mexico western college
and New Mexico normal school; the eastern New Mexico university, at Portales, formerly known
as eastern New Mexico normal school; the New Mexico institute of mining and technology, at
Socorro, formerly known as New Mexico school of mines; the New Mexico military institute, at
Roswell, formerly known as New Mexico military institute; the New Mexico school for the
visually handicapped, at Alamogordo, formerly known as New Mexico institute for the blind; the
New Mexico school for the deaf, at Santa Fe, formerly known as New Mexico asylum for the
deaf and dumb; the northern New Mexico state school, at El Rito, formerly known as Spanish-
American school; are hereby confirmed as state educational institutions.  All lands, together with
the natural products thereof and the money proceeds of any of the lands and products, held in
trust for the institutions, respectively, under their former names, and all properties heretofore
granted to, or owned by, or which may hereafter be granted or conveyed to, the institutions
respectively, under their former names, shall, in like manner as heretofore, be held in trust for, or
owned by or be considered granted to, the institutions individually under their names as
hereinabove adopted and confirmed.  The appropriations made and which may hereafter be made
to the state by the United States for agriculture and mechanical colleges and experiment stations
in connection therewith shall be paid to the New Mexico state university, formerly known as
New Mexico college of agriculture and mechanic arts.  

As repealed and reenacted November 8, 1960.

*** MEND ***
*** MSTART 121 011.0 012.0 0 NM 1911 1964 ***

Article 12, section 11 
11.  The university of New Mexico, at Albuquerque; the New Mexico state university, near Las
Cruces, formerly known as New Mexico college of agriculture and mechanic arts; the New
Mexico highlands university, at Las Vegas, formerly known as New Mexico normal university;
the western New Mexico university, at Silver City, formerly known as New Mexico western
college and New Mexico normal school; the eastern New Mexico university, at Portales,
formerly known as eastern New Mexico normal school; the New Mexico institute of mining and
technology, at Socorro, formerly known as New Mexico school of mines; the New Mexico
military institute, at Roswell, formerly known as New Mexico military institute; the New Mexico
school for the visually handicapped, at Alamogordo, formerly known as New Mexico institute
for the blind; the New Mexico school for the deaf, at Santa Fe, formerly known as New Mexico
asylum for the deaf and dumb; the northern New Mexico state school, at El Rito, formerly known
as Spanish-American school; are hereby confirmed as state educational institutions.  All lands,
together with the natural products thereof and the money proceeds of any of the lands and
products, held in trust for the institutions, respectively, under their former names, and all
properties heretofore granted to, or owned by, or which may hereafter be granted or conveyed to,
the institutions respectively, under their former names, shall, in like manner as heretofore, be
held in trust for, or owned by or be considered granted to, the institutions individually under their
names as hereinabove adopted and confirmed.  The appropriations made and which may
hereafter be made to the state by the United States for agriculture and mechanical colleges and
experiment stations in connection therewith shall be paid to the New Mexico state university,
formerly known as New Mexico college of agriculture and mechanic arts.  

Amended November 3, 1964.

*** MEND ***
*** MSTART 122 013.0 012.0 0 NM 1911 1986 ***

Article 12, section 13
13.  The legislature shall provide for the control and management of each of said institutions,
except the university of New Mexico, by a board of regents for each institution, consisting of five
members, who shall be qualified electors of the state of New Mexico, no more than three of
whom at the time of their appointment shall be members of the same political party.  The
governor shall nominate and by and with the consent of the senate shall appoint the members of
each board of regents for each of said institutions.  The terms of said members shall be for six
years, provided that of the five first appointed the terms of two shall be for two years, the terms
for two shall be for four years, and the term of one shall be for six years.
   The legislature shall provide for the control and management of the university of New Mexico
by a board of regents consisting of seven members, who shall be qualified electors of the state of
New Mexico, no more than four of whom at the time of their appointment shall be members of
the same political party.  The governor shall nominate and by and with the consent of the senate
shall appoint the members of the board of regents.  The present five members shall serve out
their present terms.  The two additional members shall be appointed in 1987 for terms of six
years.
   Members of the board shall not be removed except for incompetence, neglect of duty or
malfeasance in office.  Provided, however, no removal shall be made without notice of hearing
and an opportunity to be heard having first been given such member.  The supreme court of the
state of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove
members of the board under such rules as it may promulgate, and its decision in connection with
such matters shall be final.  

Amended November 4, 1986.

*** MEND ***
*** MSTART 123 014.0 012.0 0 NM 1911 1986 ***

Article 12, section 14
14.  Any elected local school board member is subject to recall by the voters of the school district
from which elected.  A petition for a recall election must cite grounds of malfeasance or
misfeasance in office or violation of the oath of office by the member concerned.  The recall
petition shall be signed by registered voters not less in number than thirty-three and one-third
percent of those who voted for the office at the last preceding election at which the office was
voted upon.  Procedures for filing petitions and for determining validity of signatures shall be as
provided by law.  If at the special election a majority of the votes cast on the question of recall
are in favor thereof, the local school board member is recalled from office and the vacancy shall
be filled as provided by law.  

Amended November 4, 1986.

*** MEND ***
*** MSTART 124 015.0 012.0 0 NM 1911 1980 ***

Article 12, section 15
15. In those local school districts having a population of more than two hundred thousand, as
shown by the most recent decennial census, the qualified electors of the districts may choose to
have a local school board composed of seven members, residents of and elected from single
member districts.
   If a majority of the qualified electors voting in such a district election vote to have a seven-
member board, the school district shall be divided into seven local school board member districts
which shall be compact, contiguous and as nearly equal in population as possible.  One school
board member shall reside within, and be elected from each local school board member district. 
Change of residence to a place outside the district from which a school board member was
elected shall automatically terminate the service of that school board member and the office shall
be declared vacant.
   The school board member districts shall be established by resolution of the local school board
with the approval of the state legislature, and may be changed once after each federal decennial
census by the local school board with the approval of the state legislature.
   The elections required under this amendment shall be called and conducted as provided by law
for other local school board elections.  The state board of education shall, by resolution, establish
the terms of the first board elected after the creation of such a seven-member board.  

New.  Added November 4, 1980.

*** MEND ***
*** MSTART 125 003.0 013.0 0 NM 1911 1964 ***

Article 13, section 3
3.  The provisions of the Enabling Act (36 Stat. 557, 563) which prohibit the granting of a patent
for a portion of a tract of public lands under sales contract because the full consideration for the
entire tract is not or was not paid, are waived with respect to the following sales:
        A.  sale of a portion of a tract under sales contract, if the patent to that portion was issued on
or before September 4, 1956;
         B.  sale of a portion of a tract under sales contract, if the right to purchase the portion is
derived from an assignment made on or before September 4, 1956; or
       C. sale of a portion of a tract under sales contract, or under a contract entered into in
substitution of such contract, if the right to purchase all other portions of the tract were assigned
or relinquished on or before September 4, 1956 by the person holding the contract.
   The legislature may enact laws to carry out the purposes of this amendment.  

New.  Added November 3, 1964.

*** MEND ***
*** MSTART 126 001.0 014.0 0 NM 1911 1955 ***

Article 14, section 1
1. The penitentiary at Santa Fe, the Miners' Hospital at Raton, the New Mexico State Hospital at
Las Vegas, and the New Mexico boys School at springer, are hereby confirmed as state
institutions. 

Amended September 20, 1955.

*** MEND ***
*** MSTART 127 001.0 014.0 0 NM 1911 1960 ***

Article 14, section 1 
1. The penitentiary at Santa Fe, the miners' hospital at Raton, the New Mexico state hospital at
Las Vegas, the New Mexico boys' school at Springer, the girls' welfare home at Albuquerque,
the Carrie Tingley crippled children's hospital at Truth or Consequences and the Los Lunas
mental hospital at Los Lunas are hereby confirmed as state institutions. 

Amended November 8, 1960.

*** MEND ***
*** MSTART 128 003.0 014.0 0 NM 1911 1955 ***

Article 14, section 3
3.  Each of said institutions shall be under such control and management as may be provided by
law.  

Amended September 20, 1955.

*** MEND ***
*** MSTART 129 005.0 015.0 0 NM 1911 1967 ***

Article 15, section 5 
5.  In any appeal to the district court from the decision, act or refusal to act of any state executive
officer or body in matters relating to water rights, the proceeding upon appeal shall be de novo as
cases originally docketed in the district court unless otherwise provided by law.  

New. Added November 7, 1967.

*** MEND ***
*** MSTART 130 001.0 017.0 0 NM 1911 1961 ***

Article 17, section 1
1.  There shall be a state mine inspector who shall be appointed by the governor, by and with the
advice and consent of the senate, for a term of four years, and whose duties and salary shall be as
prescribed by law.  The legislature may pass laws prescribing reasonable qualifications for the
state mine inspector and deputy mine inspectors, and current legislative enactments prescribing
such qualifications are declared to be in full force and effect.  

Amended September 19, 1961.

*** MEND ***
*** MSTART 131 001.0 019.0 0 NM 1911 1911 ***

Article 19, section 1
1.  Any amendment or amendments to this constitution may be proposed in either house of the
legislature at any regular session thereof; and if a majority of all members elected to each of the
two houses voting separately shall vote in favor thereof, such proposed amendment or
amendments shall be entered on their respective journals with the yeas and nays thereon.
   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 the said amendment or amendments shall
be voted upon at the next regular election held in said state after the adjournment of the
legislature proposing such amendment or amendments, or at such special election to be held not
less than six months after the adjournment of said legislature, at such time as said legislature may
be law provide.  If the same be ratified by a majority
of the electors voting thereon such amendment or amendments shall become part of this
constitution.  If two or more amendments are proposed, they shall be so submitted as to enable
the electors to vote on each of them separately: provided, that no amendment shall apply to or
affect the provisions of 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 in the whole state and at
least two-thirds of those voting in each county in the state shall vote for such amendment.  

Amended November 7, 1911.

*** MEND ***
*** MSTART 132 002.0 019.0 0 NM 1911 1911 ***

Article 19, section 2
2.  Whenever, during the first twenty-five years after the adoption of this constitution, the
legislature, by a three-fourths vote of the members elected to each house, or, after the expiration
of said period of twenty-five years, by a two-thirds vote of the members elected to each house,
shall deem it necessary to call a convention to revise or amend this constitution, they shall submit
the question of calling such convention to the electors at the next general election, and if a
majority of all the electors voting on such question at said election in the state shall vote in favor
of calling a convention the legislature shall, at the next session, provide by law for calling the
same.  Such convention shall consist of at least as many delegates as there are members of the
house of representatives.  The constitution adopted by such convention shall have no validity
until it has been submitted to and ratified by the people.  

Amended November 7, 1911.

*** MEND ***
*** MSTART 133 003.0 014.0 0 NM 1911 1911 ***

Article 14, section 3
3.  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.  

Amended November 7, 1911.

*** MEND ***
*** MSTART 134 004.0 014.0 0 NM 1911 1911 ***

Article 14, section 4
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. 


Amended November 7, 1911.

*** MEND ***
*** MSTART 135 005.0 019.0 0 NM 1911 1911 ***

Article 19, section 5
5.  The provisions of Section One of this article shall not be changed, altered or abrogated in any
manner except through a general convention called to revise this constitution as herein provided.  

Amended November 7, 1911.

*** MEND ***
*** MSTART 136 017.0 020.0 0 NM 1911 1971 *** 

Article 20, section 17
Repealed November 2, 1971.

*** MEND ***
*** MSTART 137 021.0 020.0 0 NM 1911 1971 ***

Article 20, section 21.
21.  The protection of the state's beautiful and healthful environment is hereby declared to be of
fundamental importance to the public interest, health, safety and the general welfare.  The
legislature shall provide for control of pollution and control of despoilment of the air, water and
other natural resources of this state, consistent with the use and development of these resources
for the maximum benefit of the people.  

New.  Added November 2, 1971.

*** MEND ***

*** MSTART 138 001.0 021.0 0 NM 1911 1953 ***

Article 21, section 1
1.  Perfect toleration of religious sentiment shall be secured, and no inhabitant of this state shall
ever be molested in person or property on account of his or her mode of religious worship. 
Polygamous or plural marriages and polygamous cohabitation are forever prohibited.  

Amended September 15, 1953.

*** MEND ***
*** MSTART 139 005.0 021.0 0 NM 1911 1912 ***

Article 21, section 5
5.  This state shall never enact any law restricting or abridging the right of suffrage on account of
race, color or previous condition of servitude.  

Amended November 5, 1912.

*** MEND ***
*** MSTART 140 011.0 021.0 0 NM 1911 1932 ***

Article 21, section 11
11.  This state and its people consent to the provisions of the act of congress, approved June 15,
1926, providing for such exchanges and the governor and other state officers mentioned in said
act are hereby authorized to execute the necessary instrument or instruments to effect the
exchange of lands therein provided for with the government of the United States; provided that in
the determination of values of the lands now owned by the state of New Mexico, the value of the
lands, the timber thereon and mineral rights pertaining thereto shall control the determination of
value.  The legislature may enact laws for the carrying out of the provisions hereof in accordance
herewith.  

Added November 8, 1932.

*** MEND ***
*** MSTART 141 001.0 023.0 0 NM 1911 1933 ***

Article 23, section 1
Repealed September 19, 1933.

*** MEND ***
*** MSTART 142 002.0 023.0 0 NM 1911 1933 ***

Article 23, section 2
Repealed September 19, 1933.

*** MEND ***
*** MSTART 143 001.0 024.0 0 NM 1911 1928 ***

Article 24, section 1
1.  Leases and other contracts, reserving a royalty to the state, for the development and
production of any and all minerals on lands granted to the state of New Mexico by the act of
congress of June 20, 1910, entitled "An act to enable the people of New Mexico to form a
constitution and state government and be admitted into the union on an equal footing with the
original states," may be made under such provisions relating to the necessity or requirement for
or the mode and manner of appraisement, advertisement and competitive bidding, and containing
such terms and provisions, as may be provided by act of the legislature; the rentals, royalties and
other proceeds therefrom to be applied and conserved in accordance with the provisions of said
act of congress for the support or in aid of the common schools, or for the attainment of the
respective purposes for which the several grants were made.  

New.  Added November 6, 1928.  This section added as Article 24.

*** MEND ***
*** MSTART 144 001.0 024.0 0 NM 1911 1967 ***

Article 24, section 1
1.  Leases and other contracts, reserving a royalty to the state, for the development and
production of any and all minerals or for the development and operation of geothermal steam and
waters on lands granted to the state of New Mexico by the act of congress of June 20, 1910,
entitled "An act to enable the people of New Mexico to form a constitution and state government
and be admitted into the union on an equal footing with the original states," may be made under
such provisions relating to the necessity or requirement for or the mode and manner of
appraisement, advertisement and competitive bidding, and containing such terms and provisions,
as may be provided by act of the legislature; the rentals, royalties and other proceeds therefrom to
be applied and conserved in accordance with the provisions of said act of congress for the
support or in aid of the common schools, or for the attainment of the respective purposes for
which the several grants were made.

Amended November 7, 1967.

*** MEND ***
*** MSTART 145 014.0 002.0 0 NM 1911 1994 ***

Article 2, section 14
14. No person shall be held to answer for a capital, felonious or infamous crime unless on a
presentment of indictment of a grand jury or information filed by a district attorney or attorney
general or their deputies, except in cases arising in the militia when in actual service in time of
war or public danger.  No person shall be so held on information without having had a
preliminary examination before an examining magistrate, or having waived such preliminary
examination.
   A grand jury shall be composed of such number, not less than twelve, as may be prescribed by
law.  Citizens only, residing in the county for which a grand jury may be convened and qualified
as prescribed by law, may serve on a grand jury.  Concurrence necessary for the finding of an
indictment by a grand jury shall be prescribed by law; provided, such concurrence shall never be
by less than a majority of those who compose a grand jury, and, provided, at least eight must
concur in finding an indictment when a grand jury is composed of twelve in number.  Until
otherwise prescribed by law a grand jury shall be composed of twelve in number of which eight
must concur in finding an indictment.  A grand jury shall be convened upon order of a judge of a
court empowered to try and determine cases of capital, felonious or infamous crimes at such
times as to him shall be deemed necessary, or a grand jury shall be ordered to convene by such
judge upon the filing of a petition therefor signed by not less than the greater of two hundred
registered voters or two percent of the registered voters of the county, or a grand jury may be
convened in any additional manner as may be prescribed by law.
   In all criminal prosecutions, the accused shall have the right to appear and defend himself in
person, and by counsel; to demand the nature and cause of the accusation; to be confronted with
the witnesses against him; to have the charge and testimony interpreted to him in a language that
he understands; to have compulsory process to compel the attendance of necessary witnesses in
his behalf, and a speedy public trial by an impartial jury of the county or district in which the
offense is alleged to have been committed.  

Amended November 8, 1994.

*** MEND ***
*** MSTART 146 024.0 002.0 0 NM 1911 1992 ***

Article 2, section 24. 
24.  A.  A victim of arson resulting in bodily injury, aggravated arson, aggravated assault,
aggravated battery, dangerous use of explosives, negligent use of a deadly weapon, murder,
voluntary manslaughter, involuntary manslaughter, kidnapping, criminal sexual penetration,
criminal sexual contact of a minor, homicide by vehicle, great bodily injury by vehicle or
abandonment or abuse of a child or that victim's representative shall have the following rights as
provided by law:
        (1) the right to be treated with fairness and respect for the victim's dignity and privacy
throughout the criminal justice process;
           (2) the right to timely disposition of the case;
        (3) the right to be reasonably protected from the accused throughout the criminal justice
process;
           (4) the right to notification of court proceedings;
           (5) the right to attend all public court proceedings the accused has the right to attend;
           (6) the right to confer with the prosecution;
           (7) the right to make a statement to the court at sentencing and at any post-sentencing         
hearings for the accused; 
           (8) the right to restitution from the person convicted of the criminal conduct that caused
the victim's loss or injury;
           (9) the right to information about the conviction, sentencing, imprisonment, escape or
release of the accused;
       (10) the right to have the prosecuting attorney notify the victim's employer, if requested by
the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that
may necessitate the absence of the victim from work for good cause; and
       (11) the right to promptly receive any property belonging to the victim that is being held for
evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are
compelling evidentiary reasons for retention of the victim's property.
   B. A person accused or convicted of a crime against a victim shall have no standing to object to
any failure by any person to comply with the provisions of Subsection A of Section 24 of Article
2 of the constitution of New Mexico.
   C. The provisions of this amendment shall not take effect until the legislature enacts laws to
implement this amendment. 

New. Added November 3, 1992.

*** MEND ***
*** MSTART 147 004.0 004.0 0 NM 1911 9999 ***

Article 4, section 4
First paragraph held to be unconstitutional under Fourteenth Amendment of U.S. Constitution. 
However, as of this writing, section has not been amended or repealed.

*** MEND ***
*** MSTART 148 010.0 004.0 0 NM 1911 1996 ***

Article 4, section 10
10.  Each member of the legislature shall receive:
          A. 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. per diem expense and mileage at the same rates as provided in Subsection A of this
section for service at meetings required by legislative committees established by the legislature to
meet in the interim between sessions; and
        C. no other compensation, perquisite or allowance.  

Amended November 5, 1996.

*** MEND ***   
*** MSTART 149 032.0 006.0 0 NM 1911 1998 ***

Article 6, section 32
32.  There is created the "judicial standards commission", consisting of two justices or judges,
one magistrate and two lawyers selected as may be provided by law to serve for terms of four
years, and six citizens, none of whom is a justice, judge or magistrate of any court or licensed to
practice law in this state, who shall be appointed by the governor for five-year staggered 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.  No act of the
commission is valid unless concurred in by a majority of its members.
   The commission shall select one of the members appointed by the governor to serve as
chairman.
   In accordance with this section, any justice, judge or magistrate of any court may be disciplined
or removed for willful misconduct in office, persistent failure or inability to perform a judge's
duties, or habitual intemperance, or he may be retired for disability seriously interfering with the
performance of his duties that is, or is likely to become, of a permanent character.  The
commission may, after investigation it deems necessary, order a hearing to be held before it
concerning the discipline, removal or retirement of a justice, judge or magistrate, or the
commission may appoint three masters who are justices or judges of courts of record to hear and
take evidence in the matter and to report their findings to the commission.  After hearing or after
considering the record and the findings and report of the masters, if the commission finds good
cause, it shall recommend to the supreme court the discipline, removal or retirement of the
justice, judge or magistrate.
   The supreme court shall review the record of the proceedings on the law and facts and may
permit the introduction of additional evidence, and it shall order the discipline, removal or
retirement as it finds just and proper or wholly reject the recommendation.  Upon an order for his
retirement, any justice, judge or magistrate participating in a statutory retirement program shall
be retired with the same rights as if he had retired pursuant to the retirement program.  Upon an
order for removal, the justice, judge or magistrate shall thereby be removed from office, and his
salary cease from the date of the order.
   All papers filed with the commission or its masters, and proceedings before the commission or
its masters, are confidential.  The filing of papers and giving of testimony before the commission
or its masters is privileged in any action for defamation, except that the record filed by the
commission in the supreme court continues privileged but, upon its filing, loses its confidential
character, and a writing which was privileged prior to its filing with the commission or its
masters does not lose its privilege by the filing.  The commission shall promulgate regulations
establishing procedures for hearings under this section.  No justice or judge who is a member of
the commission or supreme court shall participate in any proceeding involving his own
discipline, removal or retirement.
   This section is alternative to, and cumulative with, the removal of justices, judges and
magistrates by impeachment and the original superintending control of the supreme court.

Amended November 3, 1998.

*** MEND ***
*** MSTART 150 033.0 006.0 0 NM 1911 1994 ***

Article 6, section 33
33.  A.  Each justice of the supreme court, judge of the court of appeals, district judge or
metropolitan court judge shall have been elected to that position in a partisan election prior to
being eligible for a nonpartisan retention election.  Thereafter, each such justice or judge shall be
subject to retention or rejection on a nonpartisan ballot.  Retention of the judicial office shall
require at least fifty-seven percent of the vote cast on the question of retention or rejection.
   B. Each justice of the supreme court or judge of the court of appeals shall be subject to
retention or rejection in like manner at the general election every eighth year.
   C. Each district judge shall be subject to retention or rejection in like manner at the general
election every sixth year.
   D. Each metropolitan court judge shall be subject to retention or rejection in like manner at the
general election every fourth year.
   E. Every justice of the supreme court, judge of the court of appeals, district judge or
metropolitan court judge holding office on January 1 next following the date of the election at
which this amendment is adopted shall be deemed to have fulfilled the requirements of
Subsection A of this section and the justice or judge shall be eligible for retention or rejection by
the electorate at the general election next preceding the end of the term of which the justice or
judge was last elected prior to the adoption of this amendment. 

Amended November 8, 1994.

*** MEND ***
*** MSTART 151 034.0 006.0 0 NM 1911 1994 ***

Article 6, section 34
34.  The office of any justice or judge subject to the provisions of Section 33 of Article 6 of this
constitution becomes vacant on January 1 immediately following the general election at which
the justice or judge is rejected by more than forty-three percent of those voting on the question of
his retention or rejection or on January 1 immediately following the date he fails to file a
declaration of candidacy for the retention of his office in the general election at which the justice
or judge would be subject to retention or rejection by the electorate.  Otherwise, the office
becomes vacant upon the date of the death, resignation or removal by impeachment of the justice
or judge.  The date for filing a declaration of candidacy for retention of office shall be the same
as that for filing a declaration of candidacy in a primary election.

Amended November 8, 1994.
   
*** MEND ***
*** MSTART 152 001.0 008.0 0 NM 1911 1998 ***

Article 8, section 1
1. A.  Except as provided in Subsection B of this section, taxes levied upon tangible property
shall be in proportion to the value thereof, and taxes shall be equal and uniform upon subjects of
taxation of the same class.  Different methods may be provided by law to determine value of
different kinds of property, but the percentage of value against which tax rates are assessed shall
not exceed thirty-three and one-third percent.
   B.  The legislature shall provide by law for the valuation of residential property for property
taxation purposes in a manner that limits annual increases in valuation of residential property. 
The limitation may be applied to classes of residential property taxpayers based on owner-
occupancy, age or income.  The limitations may be authorized statewide or at the option of a
local jurisdiction and may include conditions under which the limitation is applied.  Any
valuation limitations authorized as a local jurisdiction option shall provide for applying statewide
or multi-jurisdictional property tax rates to the value of the property as if the valuation increase
limitation did not apply.  

Amended November 3, 1998.

*** MEND ***
*** MSTART 153 010.0 008.0 0 NM 1911 1996 ***

Article 8, section 10
10.  A.  There shall be deposited in a permanent trust fund known as the "severance tax
permanent fund" that part of state revenue derived from excise taxes that have been or shall be
designated severance taxes imposed upon the severance of natural resources within this state, in
excess of that amount that has been or shall be reserved by statute for the payment of principal
and interest on outstanding bonds to which severance tax revenue has been or shall be pledged. 
Money in the severance tax permanent fund shall be invested as provided by law.  Distribution
from the fund shall be appropriated by the legislature as other general operating revenue is
appropriated for the benefit of the people of the state.
      B.  All additions to the fund and all earnings, including interest, dividends and capital gains
from investment of the fund shall be credited to the corpus of the fund.
    C.  The annual distributions from the fund shall be one hundred two percent of the amount
distributed in the immediately preceding fiscal year until the annual distributions equal four and
seven-tenths percent of the average of the year-end market values of the fund for the immediately
preceding five calendar years.  Thereafter, the amount of the annual distributions shall be four
and seven-tenths percent of the average of the year-end market values of the fund for the
immediately preceding five calendar years.
      D.  The frequency and the time of the distributions made pursuant to Subsection C of this
section shall be as provided by law. 

Amended November 5, 1996.

*** MEND ***
*** MSTART 154 015.0 008.0 0 NM 1911 1998 ***

Article 8, section 15
15.  The legislature shall exempt from taxation the property, including the community or joint
property of husband and wife, of every veteran of the armed forces of the United States who has
been determined pursuant to federal law to have a permanent and total service-connected
disability, if the veteran occupies the property as his principal place of residence and has
specially adapted the residence to his disability using a grant for specially adapted housing
granted to the veteran by the federal government based on his permanent and total disability.  The
legislature shall also provide this exemption from taxation for property owned by the widow or
widower of a veteran who was eligible for the exemption provided in this section, if the widow
or widower continues to occupy the specially adapted property as his principal place of residence. 
The burden of proving eligibility for the exemption in this section is on the person claiming the
exemption.   

New.  Added November 3, l998.

*** MEND ***
*** MSTART 155 010.0 009.0 0 NM 1911 1996 ***

Article 9, section 10.

10.  No county shall borrow money except for the following purposes:
      A.  erecting, remodeling and making additions to necessary public buildings;
      B.  constructing or repairing public roads and bridges and purchasing capital equipment for
such projects;
      C.  constructing or acquiring a system for supplying water, including the acquisition of water
and water rights, necessary real estate or rights-of-way and easements;
      D.  constructing or acquiring a sewer system, including the necessary real estate or rights-of-
way and easements;
      E.  constructing an airport or sanitary landfill, including the necessary real estate;
      F.  acquiring necessary real estate for open space, upon space trails and related areas and
facilities; or
      G.  the purchase of books and other library resources for libraries in the county.  In such
cases, indebtedness shall be incurred only after the proposition to create such debt has been
submitted to the registered voters of the county and approved by a majority of those voting
thereon.  No bonds issued for such purpose shall run for more than fifty years.  Provided,
however, that no money derived from general obligation issued and sold hereunder shall be used
for maintaining existing buildings and, if so, such bonds shall be invalid.  

Amended November 5, 1996.

*** MEND ***
*** MSTART 156 011.0 009.0 0 NM 1911 1996 ***

Article 9, section 11 
11.  A.  Except as provided in Subsection C of this section, no school district shall borrow money
except for the purpose of erecting, remodeling, making additions to and furnishing school
buildings
or purchasing or improving school grounds or any combination of these purposes, and in such
cases only when the proposition to create the debt has been submitted to a vote of such qualified
electors of the district as are owners of real estate within the school district and a majority of
those voting on the question has voted in favor of creating such debt.
      B. No school district shall ever become indebted in an amount exceeding six percent on the
assessed valuation of the taxable property within the school district as shown by the preceding
general assessment.
      C.  A school district may create a debt by entering into a lease-purchase arrangement to
acquire education technology equipment without submitting the proposition to a vote of the
qualified electors of the district, but any debt created is subject to the limitation of Subsection B
of this section.  

Amended November 5, 1996.

*** MEND ***
*** MSTART 157 014.0 009.0 0 NM 1911 1994 ***

Article 9, section 14  
14.  Neither the state nor any county, school district or municipality, except as otherwise
provided in this constitution, shall directly or indirectly lend or pledge its credit or make any
donation to or in aid of any person, association or public or private corporation or in aid of any
private enterprise for the construction of any railroad; provided:
     A.  nothing in this section shall be construed to prohibit the state or any county or
municipality from making provision for the care and maintenance of sick and indigent persons;
     B.  nothing in this section shall prohibit the state from establishing a veterans' scholarship
program for Vietnam conflict veterans who are post-secondary students at educational
institutions under the exclusive control of the state by exempting such veterans from the payment
of tuition.  For the purposes of this subsection, a "Vietnam conflict veteran" is any person who
has been honorably discharged from the armed forces of the United States, who was resident of
New Mexico at the original time of entry into the armed forces from New Mexico and who has
been awarded a Vietnam campaign medal for service in the armed forces of this country in
Vietnam during the period from August 5, 1964 to the official termination date of the Vietnam
conflict as designated by executive order of the president of the United States;
     C.  the state may also establish by law a program of loans to students of the healing arts, as
defined by law, for residents of the state who, in return for the payment of educational expenses,
contract with the state to practice their profession for a period of years after graduation within
areas of the state designated by law; and
     D.  nothing in this section shall be construed to prohibit the state or a county or municipality
from creating new job opportunities by providing land, buildings or infrastructure for facilities to
support new or expanding businesses if this assistance is granted pursuant to general
implementing legislation that is approved by a majority vote of those elected to each house of the
legislature.  The implementing legislation shall include adequate safeguards to protect public
money or other resources used for the purposes authorized in this subsection.  The implementing
legislation shall further provide that:
          (1) each specific county or municipal project providing assistance pursuant to this
subsection need not be approved by the legislature but shall be approved by the county or
municipality pursuant to procedures provided in the implementing; and
         (2) each specific state project providing assistance pursuant to this subsection shall be
 approved by law.

Amended November 8, 1994.

*** MEND ***
*** MSTART 158 002.0 010.0 0 NM 1911 1998 ***
Article 10, section 2
2.  A.  In every county all elected officials shall serve four-year terms, subject to the provisions of
Subsection B of this section.
   B.  In those counties that prior to 1992 have not had four-year terms for elected officials, the
assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk
shall be elected to two-year terms in the first election following the adoption of this amendment. 
In subsequent elections, the treasurer and clerk shall be elected to four-year terms.
   C.  To provide for staggered county commission terms, in counties with three county
commissioners, the terms of no more than two commissioners shall expire in the same year; and
in counties with five county commissioners, the terms of no more than three commissioners shall
expire in the same year.
   D.   All county officer, after having served two consecutive four-year terms, shall be ineligible
to hold any county office for two years thereafter.  

Amended November 3, 1998.

*** MEND ***
*** MSTART 159 009.0 010.0 0 NM 1911 1996 ***

Article 10, section 9
9.   A.  An elected official of a county is subject to recall by the voters of the county.  Subject to
the provisions of Subsection B of this section, a petition for a recall election shall cite grounds of
malfeasance or misfeasance in office or violation of the oath of office by the official concerned. 
The cited grounds shall be based upon acts or failures to act occurring during the current term of
the official sought to be recalled.  The recall petition shall be signed by registered voters:
          (1) of the county if the official sought to be recalled was elected at-large; or
          (2) of the district from which the official sought to be recalled was elected; and
          (3) not less in number than thirty-three and one-third percent of the number of persons who
voted in the election for the office in the last preceding general election at which the office was
voted upon.
     B. Prior to and as a condition of circulating a petition for recall pursuant to the provisions of
Subsection A of this section, the factual allegations supporting the grounds of malfeasance or
misfeasance in office or violation of the oath of office stated in the petition shall be presented to
the district court for the county in which the recall is proposed to be conducted.  The petition
shall not be circulated unless, after a hearing in which the proponents of the recall effort and the
official sought to be recalled are given an opportunity to present evidence, the district court
determines that probable cause exists for the grounds for recall.
     C.  After the requirements of Subsection B of this section are fulfilled, the petition shall be
circulated and filed with the county clerk for verification of the signatures, as to both number and
qualifications of the persons signing.  If the county clerk verifies that the requisite number of
signatures of registered voters appears on the petition, the question of recall of the official shall
be placed on the ballot for a special election to be called and held within ninety days or the next
occurring general election if that election is to be held within less than ninety days.  If at the
election a majority of the votes cast on the question of recall is in favor of recall, the official who
is the subject of recall is recalled from the office, and a vacancy exists.  That vacancy shall be
filled in the manner provided by law for filing vacancies for that office.
     D.  A recall election shall not be conducted after May l in a calendar year in which an election
is to be held for the office for which the recall is sought if the official sought to be recalled is a
candidate for reelection to the office.  No petition for recall of an elected county official shall be
submitted more than once during the term for which the official is elected. 

New.  Added November 5, 1996.

*** MEND ***
*** MSTART 160 001.0 011.0 0 NM 1911 1996 ***

Article 11, section 1
1.  The "public regulation commission" is created.  The commission shall consist of five
members elected from districts provided by law for staggered four-year terms beginning on
January l of the year following their election; provided that those chosen at the first general
election after the adoption of this section shall immediately classify themselves by lot, so that
two of them shall hold office for two years and three of them for four years; and further provided
that, after serving two terms, members shall be ineligible to hold office as a commission member
until one full term has intervened.  No commissioner or candidate for the commission shall
accept anything of value from a person or entity whose charges for services to the public are
regulated by the commission.  

New.  Adopted November 5, 1996.

*** MEND *** 
*** MSTART 161 002.0 011.0 0 NM 1911 1996 ***

Article 11, section 2
2.  The public regulation commission shall have responsibility for chartering and regulating
business corporations in such manner as the legislature shall provide.  The commission shall
have responsibility for regulating public utilities, including electric, natural gas and water
companies; transportation companies, including common and contract carriers; transmission and
pipeline companies, including telephone, telegraph and information transmission companies;
insurance companies and others engaged in risk assumption; and other public services companies
in such manner as the legislature shall provide.  

New. Adopted November 5 1996.

*** MEND ***
*** MSTART 162 003.0 011.0 0 NM 1911 1996 ***

Article 11, section 3
Repealed November 5, 1996.

*** MEND ***
*** MSTART 163 004.0 011.0 0 NM 1911 1996 ***
Article 11, section 4
Repealed November 5, 1996.

*** MEND ***
*** MSTART 164 005.0 011.0 0 NM 1911 1996 ***

Article 11, section 5
Repealed November 5, 1996.

*** MEND ***
*** MSTART 165 006.0 011.0 0 NM 1911 1996 ***

Article 11, section 6
Repealed November 5, 1996.

*** MEND ***
*** MSTART 166 007.0 011.0 0 NM 1911 1996 ***

Article 11, section 7
Repealed November 5, 1996.

*** MEND ***
*** MSTART 167 008.0 011.0 0 NM 1911 1996 ***

Article 11, section 8
Repealed November 5, 1996.

*** MEND ***
*** MSTART 168 009.0 011.0 0 NM 1911 1996 ***

Article 11, section 9
Repealed November 5, 1996.

*** MEND ***
*** MSTART 169 010.0 011.0 0 NM 1911 1996 ***

Article 11, section 10
Repealed November 5, 1996.

*** MEND ***
*** MSTART 170 011.0 011.0 0 NM 1911 1996 ***

Article 11, section 11
Repealed November 5, 1996.

*** MEND ***
*** MSTART 171 012.0 011.0 0 NM 1911 1996 ***

Article 11, section 12
Repealed November 5, 1996.

*** MEND ***
*** MSTART 172 002.0 012.0 0 NM 1911 1996 ***

Article 12, section 2
2. The permanent school fund of the state shall consist of the proceeds of sales of Sections Two,
Sixteen, Thirty-Two and Thirty-Six in each township of the state, or the lands selected in lieu
thereof; the proceeds of sales of all lands that have been or may hereafter be granted to the state
not otherwise appropriated by the terms and conditions of the grant; such portion of the proceeds
of sales of land of the United States within the state as has been or may be granted by congress;
all earnings, including interest, dividends and capital gains from investment of the permanent
school fund; also all other grants, gifts and devises made to the state, the purpose of which is not
otherwise specified.  

Amended November 5, 1996.

*** MEND ***
*** MSTART 173 004.0 012.0 0 NM 1911 1996 ***

Article 12, section 4
4.  All forfeitures, unless otherwise provided by law, and all fines collected under general laws;
the net proceeds of property that may come to the state by escheat; the rentals of all school lands
and other lands granted to the state, the disposition of which is not otherwise provided for by the
terms of the grant or by act of congress shall constitute the current school fund of the state.  

Amended November 5, 1996.

*** MEND ***
*** MSTART 174 007.0 012.0 0 NM 1911 1996 ***

Article 12, section 7
   A.  As used in this section, "fund" means the permanent school fund described in Section 2 of
this article and all other permanent funds derived from lands granted or confirmed to the state by
the act of congress of June 20, 1910, entitled "An act to enable the people of New Mexico to
form a constitution and state government and be admitted into the union on an equal footing with
the original states."
   B.  The fund shall be invested by the state investment officer in accordance with policy
regulations promulgated by the state investment council.
  C.  In making investments, the state investment officer, under the supervision of the state
 investment council, shall exercise the judgement and care under the circumstances then
prevailing that businessmen of ordinary prudence, discretion and intelligence exercise in the
management of their own affairs not in regard to speculation but in regard to the permanent
disposition of their funds, considering the probable income as well as the probable safety of their
capital.
  D. The legislature may establish criteria for investing the fund if the criteria are enacted by a
three-fourths vote of the members elected to each house, but investment of the fund is subject to
the following restrictions:
          (1) not more than sixty-five percent of the book value of the fund shall be invested as any
given time in corporate stocks;
          (2) not more than ten percent of the voting stock of a corporation shall be held;
          (3) stocks eligible for purchase shall be restricted to those stocks of businesses listed upon
a national stock exchange or included in a nationally recognized list of stocks; and
          (4) not more than fifteen percent of the book value of the fund may be invested 
in international securities at any single time.
   E.  All additions to the fund and all earnings, including interest, dividends and capital gains
from investment of the fund shall be credited to the fund.
   F.  The annual distributions from the fund shall be one hundred two percent of the amount
distributed in the immediately preceding fiscal year until the annual distributions equal four and
seven-tenths percent of the average of the year-end market values of the fund for the immediately
preceding five calendar years.  Thereafter, the amount of the annual distributions shall be four
and seven-tenths percent of the average of the year-end market values of the fund for the
immediately preceding five calendar years.  

Amended November 5, 1996.

*** MEND ***
*** MSTART 175 013.0 012.0 0 NM 1911 1994 ***

Article 12, section 13
13.  The legislature shall provide for the control and management of each of said institutions,
except the university of New Mexico, by a board of regents for each institution, consisting of five
members, four of whom shall be qualified electors of the state of New Mexico, one of whom
shall be a member of the student body of the institution and no more than three of whom at the
time of their appointment shall be members of the same political party; provided, however, that
the student body member provision in this section shall not apply to the New Mexico school for
the deaf, the New Mexico military institute, the northern New Mexico state school or the New
Mexico school for the visually handicapped, and for each of those four institutions all five
members of the board of regents shall be qualified electors of the state of New Mexico.  The
governor shall nominate and by with the consent of the senate shall appoint the members of each
board of regents for each of said institutions.  The terms of said nonstudent members shall be for
six years, provided that of the five first appointed  the terms   of two shall be for two years, the
terms for two shall be for four years, and the term of one shall be for six years.  Following the
approval by the voters of this amendment and upon the first vacancy of a position held by a
nonstudent member on each eligible institution's board of regents, the governor shall nominate
and by and with the consent of the senate shall appoint a student member to serve a two-year
term.  The governor shall select, with the advice and consent of the senate, a student member
from a list provided by the president of the institution.  In making the list, the president of the
institution shall give due consideration to the recommendations of the student body president of
the institution.
   The legislature shall provide for the control and management of the university of New Mexico
by a board of regents consisting of seven members, six of whom shall be qualified electors of the
state of New Mexico, one of whom shall be a member of the student body of the university of
New Mexico and no more than four of whom at the time of their appointment shall be members
of the same political party.  The governor shall nominate and by and with the consent of the
senate shall appoint the members of the board of regents.  The present five members shall serve
out their present terms.  The two additional members shall be appointed in 1987 for terms of six
years.  Following the approval by the voters of this amendment and upon the first vacancy of a
position by a nonstudent member on the university of New Mexico's board of regents, the
governor shall nominate and by and with the consent of the senate shall appoint a student
member to serve a two-year term.  The governor shall select, with the advice and consent of the
senate, a student member from a list provided by the president of the university of New Mexico. 
In making the list, the president of the university of New Mexico shall give due consideration to
the recommendations of the student body president of the university.
   Members of the board shall not be removed except for incompetence, neglect of duty or
malfeasance in office.  Provided, however, no removal shall be made without notice of hearing
and an opportunity to be heard having first been given such member.  The supreme court of the
state of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove
members of the board under such rules as it may promulgate, and its decision in connection with
such matters shall be final.  

Amended November 8, 1994.

*** MEND ***
*** MSTART 176 001.0 019.0 0 NM 1911 1996 ***

Article 19, section 1
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.
   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.  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.
   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.  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 if 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.

Amended November 5, 1996.
*** MEND ***
*** MSTART 177 002.0 019.0 0 NM 1911 1996 ***

Article 19, section 2
2.  Whenever the legislature, by a two-thirds vote of the members elected to each house, deems it
necessary to call a convention to revise or amend this constitution, they shall submit the question
of calling such convention to the electors at the next general election, and if a majority of all the
electors voting on such questions at said election in the state votes in favor of calling a
convention, the legislature shall, at the next session, provide by law for calling the same.  Such
convention shall consist of at least as many delegates as there are members of the house of
representatives.
   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.  The revisions or
amendments proposed by the convention may be submitted in whole or in part, or with
alternatives, as determined 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.

Amended November 5, 1996.

*** MEND ***
*** MSTART 178 022.0 020.0 0 NM 1911 1998 ***

Article 20, section 22
22.  A.  All funds, assets, proceeds, income, contributions, gifts and payments from any source
whatsoever paid into or held by a public employees retirement system or an educational
retirement system created by the laws of this state shall be held by each respective system in a
trust fund to be administered and invested by each respective system for the sole and exclusive
benefit of the members, retirees and other beneficiaries of that system.  Expenditures from a
system trust fund shall only be made for the benefit of the trust beneficiaries and for expenses of
administering the system.  A system trust fund shall never be used, diverted, loaned, assigned,
pledged, invested, encumbered or appropriate for any other purpose.  To the extent consistent
with the provisions of this section, each trust fund shall be invested and the systems administered
as provided by law.
   B.  The retirement board of the public employees retirement system and the board of the
educational retirement system shall be the trustees for their respective systems and have the sole
and exclusive fiduciary duty and responsibility for administration and investment of the trust
fund held by their respective systems.
   C.  A retirement board shall have the sole and exclusive power and authority to adopt actuarial
assumptions for its system based upon the recommendations made by an independent actuary
with whom it contracts.  The legislature shall not enact any law that increases the benefits paid by
the system in any manner or changes the funding formula for a retirement plan unless adequate
funding is provided.
   D.  Upon meeting a minimum service requirements of an applicable retirement plan created by
law for employees of the state or any of its political subdivisions or institutions, a member of a
plan shall acquire a vested property right with due process protections under the applicable
provisions of the New Mexico and United States constitutions.
   E.  Nothing in this section shall be construed to prohibit modifications to retirement plans that
enhance or preserve the actuarial soundness of an affected trust fund or individual retirement
plan. 

New.  Added November 3, 1998.

*** MEND ***
*** MSTART 179 013.0 012.0 0 NM 1911 1949 ***

Article 12, section 13
13.  The Legislature shall provide for the control and management of each of said institutions by
a Board of Regents for each institution, consisting of five members, who shall be qualified
electors of the State of New Mexico, no more than three of whom at the time of their
appointment shall be members of the same political party.  The Governor shall nominate and by
and with the consent of the Senate shall appoint the members of each Board of Regents for each
of said institutions.  The terms of said members shall be for six years, provided that of the five
first appointed, the terms of two shall be for two years, the terms shall be for four years, and the
term of one shall be for six years.

   Members of the Board shall not be removed except for incompetence, neglect of duty or
malfeasance in office.  Provided, however, no removal shall be made without notice of hearing
and an opportunity to be heard having first been given such member.  The Supreme Court of the
State of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove
members of the Board under such rules as it may promulgate and its decision in connection with
such matters shall be final.

   This amendment shall become effective on January 1st next following its adoption and the
Governor shall then immediately appoint the members of the Board

Amended September 20, 1949.

*** MEND ***
*** MSTART 180 019.0 004.0 0 NM 1911 1932 ***

Article 4, section 19
19.  No bill shall be introduced at any regular session of the Legislature subsequent to the forty-
fifth legislative day, except the general appropriation bill, bills to provide for the current
expenses of the government, and such bills as may be referred to the Legislature by the Governor
by special message specifically setting forth the emergency or necessity requiring such
legislation.

Amended November 8, 1932.

*** MEND ***
*** MSTART 181 001.0 005.0 0 NM 1911 1914 ***

Article 5, section 1
1.  The executive department shall consist of a governor, lieutenant-governor, secretary of state,
state auditor, state treasurer, attorney-general, superintendent of public instruction and
commissioner or (of) public lands, who shall be elected for the term of two years beginning on
the first day of January next after their election. 
   Such officers shall, after having served two consecutive terms, be ineligible to hold any state
office for two years thereafter.
   The officers of the executive department except the lieutenant-governor, shall, during their
terms of office, reside and keep the public records, books, papers and seals of office at the seat of
government.  

Amended November 3, 1914.

*** MEND ***
*** MSTART 182 015.0 006.0 0 NM 1911 1938 ***

Article 6, section 15
15.  Any district judge may hold district court in any county at the request of the judge of such
district. 
   Whenever the public business may require, the chief justice of the Supreme Court shall
designate any district judge of the state, or any justice of the Supreme Court when no district
judge may be available within a reasonable time, to hold court in any district, and two or more
judges may sit in any district or county separately at the same time.  If any judge shall be
disqualified from hearing any cause in the district, the parties to such cause, or their attorneys or
record, may select some member of the bar to hear and determine said cause, and act as judge pro
tempore therein.
Amended November 8, 1938.

*** MEND ***
*** MSTART 183 003.0 008.0 0 NM 1911 1946 ***

Article 8, section 3
3. The property of the United States, the state and all counties, towns, cities and school districts,
and other municipal corporations, public libraries, community ditches and all laterals thereof, all
church property, all property used for educational or charitable purposes, all cemeteries not used
or held for private or corporate profit, and all bonds of the state of New Mexico, and of the
counties, municipalities and districts thereof shall be exempt from taxation.
   Provided, however, that any property acquired by public libraries, community ditches and all
laterals thereof, property acquired by churches, property acquired and used for educational or
charitable purposes, and property acquired by cemeteries not used or held for private or corporate
profit, and property acquired by the Indian Service, and property acquired by the U.S.
Government or by the State of New Mexico by outright purchase or trade, where such property
was, prior to such transfer, subject to the lien of any tax or assessment for the principal or interest
of any bonded indebtedness shall not be exempt from such lien, nor from the payment of such
taxes or assessments.
 
Amended November 5, 1946.

*** MEND ***
*** MSTART 184 007.0 012.0 0 NM 1911 1965 ***

Article 12, section 7
7.  The principal of the permanent school fund, and other permanent funds, shall be invested by a
state investment officer in accordance with policy regulations promulgated by a state investment
council.  The legislature may be a three-fourth's vote of the members elected to each house
provide that said funds may be invested in interest-bearing or other securities.  All losses from
such interest-bearing notes or securities which have definite maturity dates shall be reimbursed
by the state.
   The state investment officer, in order to realize increased income, may, with the approval of the
state investment council, sell interest-bearing notes or securities at less than their original
acquisition cost, providing the proceeds are immediately reinvested in sufficiently higher yielding
interest-bearing notes or securities, to provide for a portion of the increased interest income to be
amortized over the life of the new investment which will restore to the corpus of the fund the
amount of the capital loss realized on the sale of the original investment.
   In making investments, the state investment officer, under the supervision of the state
investment council, shall exercise the judgment and care under the circumstances then prevailing
which businessmen of ordinary prudence, discretion and intelligence exercise in the management
of their own affairs not in regard to speculation but in regard to the permanent disposition of their
funds, considering the probable income as well as the probable safety of their capital; Provided,
not more than fifty percent [50%] of the permanent school fund or other permanent fund, shall be
invested at any given time in corporate stocks and bonds nor shall more than ten percent [10%]
of the voting stock of a corporation be held; and Provided further, stocks eligible for purchase
shall be restricted to those stocks of businesses incorporated within the United States which have
paid dividends for ten [10] consecutive years or longer immediately prior to the date of purchase
and which are listed upon a national stock exchange.

Amended September 28, 1965.

*** MEND ***
*** MSTART 185 028.0 006.0 0 NM 1911 1965 ***

Article 6, section 28
28.  The court of appeals shall consist of not less than three [3] judges whose qualifications shall
be the same as those of justices of the Supreme Court and whose compensation and election for
terms of eight [8] years shall be as provided by law, except that an initial term may be prescribed
by law for less than eight [8] years to provide maximum continuity.
   A vacancy in the office of judge of the court of appeals shall be filed by appointment of the
governor for a period provided by law.
   Three [3] judges of the court of appeals shall constitute a quorum for the transaction of
business, and a majority of those participating must concur in any judgment of the court.
   When necessary, the chief justice of the Supreme Court may designate any justice of the
Supreme Court, or any district judge of the state, to act as a judge of the court of appeals, and he
may designate any judge of the court of appeals to hold court in any district, or to act as a justice
of the Supreme Court.

Amended September 28, 1965.

*** MEND ***
*** MSTART 186 010.0 009.0 0 NM 1911 1982 ***

Article 9, section 10
10.  No county shall borrow money except for the following purposes:
   A.  erecting, remodeling and making additions to necessary public buildings;
   B.  constructing or repairing public roads and bridges;
   C.  constructing or acquiring a system for supplying water, including the acquisition of water
and water rights, necessary real estate or rights-of-way and easements;
   D.  constructing or acquiring a sewer system, including the necessary real estate or right-of-way
and easements; or
   E. constructing an airport or sanitary landfill, including the necessary real estate.
   In such cases indebtedness shall be incurred only after the proposition to create such debt has
been submitted to the qualified electors of the county and approved by a majority of those voting
thereon.  No bonds issued for such purpose shall run for more than fifty years.  Provided,
however, that no moneys derived from general obligation bonds issued and sold hereunder shall
be used for maintaining existing buildings and , if so, such bonds shall be invalid.

Amended November 2, 1982.

*** MEND ***
*** MSTART 187 001.0 023.0 0 NM 1911 1917 ***

Article 23, section 1
1.  From and after the first day of October, A.D. nineteen hundred and eighteen, no person,
association or corporation, shall, within this state, manufacture for sale, barter or gift, any ardent
spirits, ale, beer, alcohol, wine or liquor of any kind whatsoever containing alcohol; and no
person, association, or corporation shall import into this State any of such liquors or beverages
for sale, barter or gift; and no person, association or corporation, shall within this State, sell or
barter, or keep for sale or barter any of such liquors or beverages for sale, barter or trade; provide,
nothing in this section shall be held to apply to denatured or wood alcohol, or grain alcohol when
intended and used for medicinal, mechanical or scientific purposes only, or to wine, when
intended and used for sacramental purposes only.

Amended November 6, 1917.

*** MEND ***
*** MSTART 189 002.0 023.0 0 NM 1911 1917 ***

Article 23, section 2
2.  Until otherwise provided by law, any person violating any of the provisions of section one (1)
of this article, shall, upon conviction, be punished by a fine of not less than fifty dollars, nor
more than one thousand dollars, or shall be imprisoned in the county jail for not less than thirty
days nor more than six months, or by both such fine and imprisonment, and upon conviction for a
second and subsequent violation of said section such person shall be punished by a fine of not
less than one hundred dollars nor more than one thousand dollars, and shall be imprisoned in the
county jail or state penitentiary for a term of not less than three months nor more then one year.

Amended November 6, 1917.

*** MEND ***
*** MSTART 190 010.0 010.0 0 NM 1911 2000 ***

10.  A.   A county that is less than one thousand five hundred square miles in area and has, at the
time of this amendment, a population of three hundred thousand or more may become an urban
county by the following procedure:
    (1) the board of county commissioners shall, by January 1, 2001, appoint a charter commission
consisting of not less than three persons to draft a proposed urban county charter;        
    (2) the proposed charter shall provide for the form and organization of the urban county
government and shall designate those officers that shall be elected and those officers and
employees that shall perform the duties assigned by law to county officers; and       
    (3) within one year after the appointment of the charter commission, the proposed charter shall
be submitted to the qualified voters of the county and, if adopted by a majority of those voters,
the county shall become an urban county. If, at the election or any subsequent election, the
proposed charter is not adopted, then, after at least one year has elapsed after the election,
pursuant to this section another charter commission may be appointed and another proposed
charter may be submitted to the qualified voters for approval or disapproval.
   B.   An urban county may exercise all legislative powers and perform all governmental
functions not expressly denied to municipalities, counties or urban counties by general law or
charter and may exercise all powers and shall be subject to all limitations granted to
municipalities by Article 9, Section 12 of the constitution of New Mexico. This grant of powers
shall not include the power to enact private or civil laws except as incident to the exercise of an
independent municipal power, nor shall it include the power to provide for a penalty greater than
the penalty provided for a misdemeanor. No tax imposed by the governing body of an urban
county, except a tax authorized by general law, shall become effective until approved by a
majority vote in the urban county.
   C.   A charter of an urban county shall only be amended in accordance with the provisions of
the charter.
   D.   If the charter of an urban county provides for a governing body composed of members
elected by districts, a member representing a district shall be a resident and elected by the
registered qualified electors of that district.
   E.   The purpose of this section is to provide for maximum local self-government. A liberal
construction shall be given to the powers of urban counties.
   F.   The provisions of this section shall be self-executing.
         
New.  Added November 7, 2000.

*** MEND ***
*** MSTART 191 002.0 010.0 0 NM 1911 1992 ***

Article 10, section 2
2.  A.  In every county all elected officials shall serve four-year terms, subject to the provisions of
Subsection B of this section.
   B.  In those counties that prior to 1992 have not had four-year terms for elected officials, the
assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk
shall be elected to two-year terms in the first election following the adoption of this amendment. 
In subsequent elections, the treasurer and clerk shall be elected to four-year terms.
   C.  To provide for staggered county commission terms, in counties with three county
commissioners, the terms of no more than two commissioners shall expire in the same year; and
in counties with five county commissioners, the terms of no more than three commissioners shall
expire in the same year.
   D.   All county officer, after having served two consecutive four-year terms, shall be ineligible
to hold any public office for two years thereafter.  

Amended November 3, 1992.

*** MEND ***
*** MSTART 192 014.0 009.0 0 NM 1911 1971 ***

Article 9, section 14 
14.  Neither the state, nor any county, school district, or municipality, except as otherwise
provided in this construction, shall directly or indirectly lend or pledge its credit, or make any
donation to or in aid of any person, association or public or private corporation, or in aid of any
private enterprise for the construction of any railroad; provided, nothing herein shall be construed
to prohibit the state or any county or municipality from making provision for the care and
maintenance of sick and indigent persons, nor shall it prohibit the state from establishing a
veterans' scholarship program for Vietnam conflict veterans who are post-secondary students at
educational institutions under the exclusive control of the state by exempting such veterans from
the payment of tuition.  For the purposes of this  section a "Vietnam conflict veteran" is any
person who has been honorably discharged from the armed forces of the United States, who was
a resident of New Mexico at the original time of entry into the armed forces from New Mexico
and who has been awarded a Vietnam campaign medal for service in the armed forces of this
country in Vietnam during the period from August 5, 1964 to the official termination date of the
Vietnam conflict as designated by executive order of the president of the United States.  

Amended November 1, 1971.

*** MEND ***
*** MSTART 193 010.0 008.0 0 NM 1911 1976 ***

Article 8, section 10
10.  There shall be deposited in a permanent trust fund known s the "severance tax permanent
fund" that part of state revenue derived from excise taxes which have been, or shall be,
designated severance taxes imposed upon the severance of natural resources within this state, in
excess of that amount which has been or shall be reserved by statute for the payment of principal
and interest on outstanding bonds to which severance tax revenue has been or shall be pledged. 
Money in the severance tax permanent fund shall not be expended but shall be invested as
provided by law.  The legislature may appropriate money in the severance tax permanent fund by
a three-fourths vote of the members elected to each house of the legislature.  The income from
investments shall be appropriated by the legislature as other general operating revenue is
appropriated for the benefit of the people of the state.
Money credited to the severance tax permanent fund at the time of the adoption of this
amendment shall be credited to an become a part of the permanent trust fund known as the
"severance tax permanent fund" hereby created.

New.  Adopted November 2, 1976.

*** MEND ***
*** MSTART 194 010.0 008.0 0 NM 1911 1976 ***

Article 8, section 10
10.  There shall be deposited in a permanent trust fund known as the "severance tax permanent
fund" that part of the state revenue derived from excise taxes which have been, or shall be,
designated severance taxes imposed upon the severance of natural resources within this state, in
excess of that amount which has been or shall be reserved by statute for the payment of principal
and interest on outstanding bonds to which severance tax revenue has been or shall be pledged. 
Money in the severance tax permanent fund shall not be expended but shall be invested as
provided by law.  The legislature may appropriate money in the severance tax permanent fund by
a three-fourths vote of the members elected to each house of the legislature.  The income from
investments shall be appropriated by the legislature as other general operating revenue is
appropriated for the benefit of the people of the state.  
Money credited to the severance tax permanent fund at the time of the adoption of this
amendment shall be credited to and become a part of the permanent trust fund known as the
"severance tax permanent fund" hereby created.

Amended November 4, 1976.  The text of the resolution did not state whether a new provision
would be a new section 10, but the former compiler so designated it, and the present compiler
has left it as such for the sake of consistency.

*** MEND ***

*** CEND ***