N.M. Const. art. IV, § 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 questions 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.
Comparable provisions. — Idaho Const., art. III, §§ 12, 13.
Montana Const., art. V, § 10.
Utah Const., art. VI, §§ 14, 15.
Wyoming Const., art. III, §§ 13, 14.
Public sessions provision did not prohibit legislative council from banning in-person attendance of special session of the legislature. — Where, in response to a pervasive health crisis occasioned by the COVID-19 pandemic and consistent with the governor's executive orders encouraging all governmental branches to take steps to curb the spread of the virus and the secretary of health's emergency stay-at-home orders, the New Mexico legislative council, the legislative body entrusted with the care and custody of the state capitol, promulgated a directive prohibiting on-site, public attendance at an upcoming special legislative session that was called to address COVID-19-related issues, and where petitioners sought a writ of mandamus declaring unconstitutional that portion of the council's directive prohibiting in-person attendance at the special session, asserting that the convening of a closed or non-public session violates N.M. Const., art. IV, § 12, mandamus was denied because nothing in the textual language of the public sessions provision clearly conveys the drafters' intent to provide the public with a right of in-person physical attendance at legislative sessions. Pirtle v. Legis. Council, 2021-NMSC-026.
Court took judicial notice of journal of senate, despite fact that it was not on file in office of secretary of state by reason of his refusal to receive and file it, where chief clerk of senate produced the same and testified that it was the senate journal in the same form as when he signed it. Earnest v. Sargent, 1915-NMSC-050, 20 N.M. 427, 150 P. 1018. See Dillon v. King, 1974-NMSC-096, 87 N.M. 79, 529 P.2d 745.
Supreme court would take judicial notice of 1953 Senate Journal. Clary v. Denman Drilling Co., 1954-NMSC-105, 58 N.M. 723, 276 P.2d 499.
Engrossed bill not generally contradicted by journal. — When a bill has been engrossed, enrolled and signed, the court will not look to the journal to ascertain whether it received a majority vote, except in case of measures passed over veto. Kelley v. Marron, 1915-NMSC-092, 21 N.M. 239, 153 P. 262. See, Dillon v. King, 1974-NMSC-096, 87 N.M. 79, 529 P.2d 745.
Where journal shows that a proposed constitutional amendment resolution received less votes than the constitution requires, but the resolution was enrolled, engrossed and signed as required by N.M. Const., art. IV, § 20, the enrolled and engrossed resolution will be given controlling force. Smith v. Lucero, 1917-NMSC-069, 23 N.M. 411, 168 P. 709. See, Dillon v. King, 1974-NMSC-096, 87 N.M. 79, 529 P.2d 745.
Even to prevent frustration of legislative intent. — Although journal entries reflected passage of an amendment to a bill amending workman's compensation statute, where this amendment was omitted from the enrolled and engrossed bill, apparently through error or neglect, the supreme court would not accept the journal entries as record of the bill actually passed, regardless of the fact that such record was made under constitutional provision, and even though such refusal would result in injustice to the injured workman and frustration of the legislative will. Clary v. Denman Drilling Co., 1954-NMSC-105, 58 N.M. 723, 276 P.2d 499.
Phrase "members present", as used in the constitution, means physical presence. 1971 Op. Att'y Gen. No. 71-12.
Word "shall" makes this section mandatory. 1955 Op. Att'y Gen. No. 55-6167.
Journal to be published despite lack of appropriation. — The secretary of state should print and publish the journal as the law says he shall do, despite the fact that no appropriation has been made therefor; no action of the legislature is necessary to pay the cost of printing. 1955 Op. Att'y Gen. No. 55-6167.
Except for bill overriding veto. — Since there is no provision for certification of a bill which is passed over a gubernatorial veto, use probably may be made of the journal to determine whether the bill received the required two-thirds vote. 1964 Op. Att'y Gen. No. 64-40.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories and Dependencies § 46.
81A C.J.S. States § 54.