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.

ANNOTATIONS

The lieutenant governor cannot preside over the senate when acting as governor. — The lieutenant governor is designated to preside over the senate, and, in addition to this duty, the New Mexico constitution provides for the lieutenant governor to act as governor in the governor's absence and for the president pro tempore to preside over the senate in the lieutenant governor's absence. The framers therefore contemplated a situation in which the lieutenant governor would not be able to preside over the senate. Applying the rules of statutory construction to harmonize these provisions, the lieutenant governor may either act as the lieutenant governor, or the governor, but not both. Therefore, the lieutenant governor cannot preside over the senate when acting as governor. Lieutenant Governor's Role While Serving as Acting Governor (3/14/16), Att'y Gen. Adv. Ltr. 2016-02.

Adoption of rules for election of speaker. — While no specific power is granted the secretary of state, in presiding over the house of representatives, to vote or act other than as presiding officer until the election of the speaker, determination of rules under which an election might be had would be a necessary order of business concerning which the secretary of state would be empowered to accept motions. 1953 Op. Att'y Gen. No. 53-5633.

When secretary of state may break tie vote. — The secretary of state, as presiding officer of the house of representatives, has no authority to cast a vote to break a tie unless some rules are provided therefor. However, the house has the power to adopt a rule giving the secretary of state full power to vote to break a deadlock. 1953 Op. Att'y Gen. No. 53-5633.

Secretary to be notified of intent not to serve. — Since this section provides that the house of representatives shall be called to order by the secretary of state, notice that an elected individual does not intend to be sworn should be sent to the secretary of state. 1958 Op. Att'y Gen. No. 58-233.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories and Dependencies §§ 37, 38.

Civil responsibility of member of legislature for his vote therein, 22 A.L.R. 125.

81A C.J.S. States §§ 41, 61.