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 the state, and they shall never be classed in separate schools, but shall forever enjoy perfect equality with other children in all public schools and educational institutions of the state, and the legislature shall provide penalties for the violation of this section. This section shall never be amended except upon a vote of the people of this state, in an election at which at least three-fourths of the electors voting in the whole state and at least two-thirds of those voting in each county in the state shall vote for such amendment.

ANNOTATIONS

Two-thirds vote in each county required for amendment of section. — Like provisions in N.M. Const., art. VII, § 3, and art. XIX, § 1, were held to violate the "one man, one vote" requirement of the federal constitution, in State ex rel. Witt v. State Canvassing Bd., 1968-NMSC-017, 78 N.M. 682, 437 P.2d 143. The court did not rule on the validity of the two-thirds requirement in this section.

"Electors voting" construed. — Provision in N.M. Const., art. VII, § 3, requiring favorable vote of "at least three-fourths of the electors voting in the whole state" means three-fourths of all those voting on that particular proposition, even though they might constitute less than three-fourths of all those actually voting at election. State ex rel. Witt v. State Canvassing Bd., 1968-NMSC-017, 78 N.M. 682, 437 P.2d 143.

Law reviews. — For student symposium, "Constitutional Revision - Constitutional Amendment Process," see 9 Nat. Resources J. 422 (1969).

For comment, "Education and the Spanish-Speaking - An Attorney General's Opinion on Article XII, Section 8 of the New Mexico Constitution," see 3 N.M. L. Rev. 364 (1973).

For note, "Bilingual Education: Serna v. Portales Municipal Schools," see 5 N.M. L. Rev. 321 (1975).

For comment, "An Equal Protection Challenge to First Degree Depraved Mind Murder Under the New Mexico Constitution," see 19 N.M. L. Rev. 511 (1989).

For note, “Indirect Funding of Sectarian Schools: A Discussion of the Constitutionality of State School Voucher Programs Under Federal and New Mexico Law After Zelman v. Simmons-Harris,” see 34 N.M. L. Rev. 194 (2004).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15 Am. Jur. 2d Civil Rights §§ 61 to 68, 79.

De facto segregation of races in public schools, 11 A.L.R.3d 780.

79 C.J.S. Schools and School Districts § 447.