N.M. Const. art. XIX, § 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. (As amended November 7, 1911 and November 5, 1996.)
The 1996 amendment, which was proposed by H.J.R. No. 2 (Laws 1996) and adopted at the general election held November 5, 1996, by a vote of 294,328 for and 166,415 against, rewrote the existing language and added the second paragraph.
The 1911 amendment, which was proposed by congress as part of the required amendment of Article XIX and was incorporated in the congressional resolution of August 21, 1911 (37 Stat. 39) which provided for admission of New Mexico as a state and stipulated that adoption of the amendment should be a prerequisite to admission, was adopted by the people at the first election of state officers on November 7, 1911, by a vote of 34,897 for and 22,831 against. The amendment inserted "on such question" following "electors voting" near the end of the first sentence and deleted a requirement that the calling of a convention be approved by a majority of electors voting in at least half of the counties.
Compiler's notes. — Laws 1969, ch. 134, called a constitutional convention for the purpose of considering, revising or amending the constitution. The convention drafted a proposed new constitution which was submitted to the people at a special election held on December 9, 1969. It was defeated by a vote of 59, 695 for and 63,331 against.
Cross references. — For provision regarding constitutional amendments, see N.M. Const., art. XIX, § 1.
Comparable provisions. — Idaho Const., art. XX, §§ 3, 4.
Iowa Const., art. X, § 3.
Utah Const., art. XXIII, §§ 2, 3.
Wyoming Const., art. XX, §§ 3, 4.
New Mexico Const., art. XIX, §§ 1 and 2 construed. — This section and N.M. Const., art. XIX, § 2, are of equal dignity. This section is not to be read as if Section 2 did not exist; neither is there reason to read into Section 2 the limitation of this section (relating to publication) not included within language of Section 2. Interpretation which gives complete effect to both sections is required. State ex rel. Constitutional Convention v. Evans, 1969-NMSC-139, 80 N.M. 720, 460 P.2d 250.
This section applies where one or more amendments to present constitution are being considered, but does not apply where entirely new constitution is being weighed. State ex rel. Constitutional Convention v. Evans, 1969-NMSC-139, 80 N.M. 720, 460 P.2d 250.
This section clearly applies to amendments proposed in legislature, and N.M. Const., art. XIX, § 2, applies to revisions or amendments made by a convention called for that purpose. State ex rel. Constitutional Convention v. Evans, 1969-NMSC-139, 80 N.M. 720, 460 P.2d 250.
Question of holding convention must be submitted to electorate throughout state. State v. Perrault, 1929-NMSC-099, 34 N.M. 438, 283 P. 902.
Publication requirements found in N.M. Const., art XIX, § 1. — Statement in 1-16-4 NMSA 1978 that questions to be ratified should have their full texts published "in accordance with the constitution of New Mexico" refers necessarily to provision for publication in N.M. Const., art. XIX, § 1, as there is no other provision in constitution setting forth requirements for publication. Therefore, compliance with publication provisions of N.M. Const., art. XIX, § 1, is required when question of adoption of new constitution is published. State ex rel. Constitutional Convention v. Evans, 1969-NMSC-139, 80 N.M. 720, 460 P.2d 250.
Convention cannot legislate. — Purpose of calling convention is to "revise or amend" existing constitution - not to legislate; neither is convention given powers beyond those incident to its own conduct and performance of its duties and function. Where legislature has made necessary provision, appropriated money and provided for its expenditure, there is no area in which convention could properly exercise powers outside those mentioned in this section. State ex rel. Constitutional Convention v. Evans, 1969-NMSC-139, 80 N.M. 720, 460 P.2d 250.
Convention may prescribe method of presenting product to voters. — Absent any constitutional or statutory directive on subject either at federal or state level, constitutional convention is free to prescribe method of presentation to voters as it sees fit. 1969 Op. Att'y Gen. No. 69-64.
Authors of New Mexico constitution and the United States congress concurred in not imposing restrictions on how convention "packages" its end product. 1969 Op. Att'y Gen. No. 69-64.
Convention may present new constitution in separate proposals. — Under this section, constitutional convention can submit new constitution to electorate in such a manner that voters will vote for or against separately presented proposals. 1969 Op. Att'y Gen. No. 69-105.
Convention may present both new constitution and amendments to old. — There are no legal obstacles to convention adopting and presenting to people an entire new constitution for acceptance or rejection and at same time presenting the article on amendments separately for acceptance or rejection as an amendment to present constitution. 1969 Op. Att'y Gen. No. 69-118.
Convention may present single proposition amending entire article. — Constitution does not forbid submission to people by convention of entire article on amendments as single amendment. 1969 Op. Att'y Gen. No. 69-118.
Legality of alternative contradictory provisions doubtful. — There is doubt as to legality of submitting constitution to electorate in such manner that voter will be allowed to approve either of two alternative contradictory provisions on certain issues. 1969 Op. Att'y Gen. No. 69-105.
Election for delegate required. — Even in county or legislative district where only one candidate filed for office of delegate to constitutional convention, election must be held. 1969 Op. Att'y Gen. No. 69-40.
No intent to disqualify public officers. — Legislature in calling constitutional convention intended that holding of public office not be, insofar as possible, a disqualification for position of delegate to convention. 1969 Op. Att'y Gen. No. 69-35.
Position of delegate is full-time, elective position for continuous period with specified duties which will presumably be carried out during both normal working and evening hours. 1969 Op. Att'y Gen. No. 69-35.
Unlawful for delegate to receive regular salary as elected official. — It would be unlawful for an elected official to continue to receive his salary while serving as delegate since individual holding office of county assessor or any other full-time, elective office, is physically incapable of performing duties of that office and those of delegate to convention at same time. 1969 Op. Att'y Gen. No. 69-35.
It would be contrary to law to pay salary to faculty member during time he is serving as a delegate to convention if his duties as delegate make it impossible for him to perform duties for which salary is paid. 1969 Op. Att'y Gen. No. 69-111.
Convention delegate and assessor incompatible positions. — In serving as delegate to constitutional convention, a county assessor would be holding incompatible positions and would be subject to suspension or removal under provisions of 10-3-1 NMSA 1978. 1969 Op. Att'y Gen. No. 69-35.
Campaigning during duty hours illegal. — Use by elected official of duty hours to campaign for office of delegate to constitutional convention during six weeks between filing for position and election of delegates would be illegal. 1969 Op. Att'y Gen. No. 69-35.
Convention officers not employees within meaning of retirement law. — Officers of constitutional convention who are compensated are not considered employees of an affiliated public employer within meaning of law providing for retirement of public officers and employees (10-11-1 NMSA 1978 et seq.). 1969 Op. Att'y Gen. No. 69-90.
Delegates' privileges and immunities. — Rationale for the privileges given legislators in N.M. Const., art. IV, § 13, should be applied to delegates to constitutional convention. Accordingly, delegates have privileges and immunities similar to those of legislators, but they are less well defined and may not have the same broad scope as those granted to legislators. 1969 Op. Att'y Gen. No. 69-83.
Privileges which should be applied to members of constitutional convention are: (1) freedom from harassment of misdemeanor prosecutions during term of convention; and (2) privilege to debate issues without fear of suits for defamation; however, the latter privilege should be characterized as "qualified," protecting only utterances made without actual malice. 1969 Op. Att'y Gen. No. 69-83.
Provisions of existing constitution must be complied with in order for amendment or revision of that constitution to be effective. Thus, constitutional convention is bound by procedural provisions of existing New Mexico constitution. 1969 Op. Att'y Gen. No. 69-105.
Nature of constitutional convention. — Constitutional convention is constitutional entity created by people separate and apart from ordinary functions of state government. 1969 Op. Att'y Gen. No. 69-90.
Convention is responsible to people of state directly and not to legislature. 1969 Op. Att'y Gen. No. 69-82.
Legislative authority over convention is limited to providing "for calling the same". 1969 Op. Att'y Gen. No. 69-82.
No advance restrictions. — Legislature cannot, or ought not to be permitted to, restrict constitutional convention in advance. 1969 Op. Att'y Gen. No. 69-82.
Legislative restrictions not ratified. — Since Laws 1969, ch. 134 (calling for a constitutional convention), was enacted pursuant to provisions of this section (that is, subsequent to vote of people in favor of convention), it cannot be argued that the people directly or indirectly ratified restrictions placed on convention by statute. 1969 Op. Att'y Gen. No. 69-82.
Convention has full control of all its proceedings. — Thus, convention need not follow Laws 1969, ch. 134, § 17(A), providing that convention be called to order by governor and immediately proceed to elect a president and other officers. 1969 Op. Att'y Gen. No. 69-82.
Limitation on money sole restriction of time. — The only restriction of time placed on constitutional convention results from a limitation on money since a convention may not appropriate itself money. 1969 Op. Att'y Gen. No. 69-82.
Constitution and "call" of convention are binding on convention to extent they deal with questions being considered. 1969 Op. Att'y Gen. No. 69-105.
Law reviews. — For note, "Procedural Problems in Amending New Mexico's Constitution," see 4 Nat. Resources J. 151 (1964).
For student symposium, "Constitutional Revision - Constitutional Amendment Process," see 9 Nat. Resources J. 422 (1969).
For student symposium, "Constitutional Revision - Indians in the New Mexico Constitution," see 9 Nat. Resources J. 466 (1969).
For article, "The Citizen's Initiative Petition to Amend State Constitutions: A Concept Whose Time Has Passed, or a Vigorous Component of Participatory Democracy at the State Level?", see 28 N.M. L. Rev. 227 (1998).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 16 Am. Jur. 2d Constitutional Law §§ 35 to 37.
Repeal of constitutional provision or amendment, 36 A.L.R. 1456.
Power of state legislature to limit the powers of a state constitutional convention, 158 A.L.R. 512.
16 C.J.S. Constitutional Law §§ 8, 9.