New Mexico Constitutional Amendment 2, Authorizing Funds for Residential Services Infrastructure Amendment (2022)
New Mexico Constitutional Amendment 2 | |
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Election date November 8, 2022 | |
Topic State and local government budgets, spending and finance | |
Status Approved | |
Type Constitutional amendment | Origin State legislature |
New Mexico Constitutional Amendment 2, the Authorizing Funds for Residential Services Infrastructure Amendment, was on the ballot in New Mexico as a legislatively referred constitutional amendment on November 8, 2022.[1][2]The ballot measure was approved.
A "yes" vote supported authorizing the legislature to appropriate state funds for infrastructure that provides services primarily for residential use—such as internet, electric, natural gas, water, and wastewater—through a majority vote in each chamber. |
A "no" vote opposed this amendment authorizing the legislature to appropriate state funds for infrastructure that provides residential services through a majority vote in each chamber, thereby leaving no exception for residential service infrastructure in the state constitution's prohibition against lending or pledging credit or donating to any person, association, or public or private corporation. |
Election results
New Mexico Constitutional Amendment 2 |
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Result | Votes | Percentage | ||
425,609 | 65.13% | |||
No | 227,846 | 34.87% |
Overview
What did Amendment 2 do?
- See also: Text of measure
Constitutional Amendment 2 amended Article IX of the state constitution to add an exception to the state's anti-donation clause to authorize the state legislature to appropriate state funds through a majority vote in each chamber for infrastructure that provides essential services. The amendment defined essential services as "infrastructure that allows internet, energy, water, wastewater or other services provided by law." The amendment stated that implementing legislation that appropriates funds for essential services must contain "safeguards to protect public money."[2]
At the time of the election, there is no exception for essential service infrastructure in Article IX's prohibition against lending, pledging credit, or donating to any person, association, or public or private corporation. Section 14 of Article IX lists exceptions in clauses A through G. This amendment added an additional exception.[2]
The New Mexico State Legislature adjourned on February 17, 2022, without adopting any implementing legislation for the amendment.
Text of measure
Ballot question
The ballot title was as follows:[2]
“ |
Proposing to amend Article 9, Section 14 of the constitution of New Mexico to allow public investment to provide access to essential household services, including internet, energy, water, wastewater and other similar services as provided by law, upon the enactment of general implementing legislation by a majority vote of the members elected to each house of the legislature.[3] |
” |
Constitutional changes
- See also: Article IX, New Mexico Constitution
Constitutional Amendment 2 added a new subsection H to Section 14 of Article IX of the state constitution. The following underlined text was added , and struck-through text was deleted :[2]
Note: Use your mouse to scroll over the below text to see the full text.
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Full text
The full text of the amendment is available here.
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 31, and the FRE is -25. The word count for the ballot title is 56.
Support
If you know of endorsements or arguments that should be included here, email editor@ballotpedia.org.
Supporters
Officials
- State Rep. Anthony Allison (D)
- State Rep. Christine Chandler (D)
- State Rep. Tara Lujan (D)
- State Rep. Linda Serrato (D)
- State Rep. Candie Sweetser (D)
Arguments
Opposition
If you know of endorsements or arguments that should be included here, email editor@ballotpedia.org.
Campaign finance
Ballotpedia has not identified committees registered to support or oppose Amendment 3.[4]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Media editorials
- See also: 2022 ballot measure media endorsements
Ballotpedia identified the following media editorial boards as taking positions on the initiative.
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Opposition
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org
Background
Anti-donation clause and exceptions
Section 14 of Article IX of the state constitution is known as the anti-donation clause. It says that the state, any county, any school district, or any city shall not "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 except as provided in Subsections A through G." Subsections A through G provide specific exceptions, and this amendment was designed to add a subsection H providing an exception for funding essential services primarily for residential use if approved by a majority vote in each chamber of the legislature.[2][5]
The other exceptions to the anti-donation clause given in Article IX, Section 14, are for:
- care and maintenance of sick and indigent persons;
- veterans' scholarship programs for specific Vietnam conflict veterans and other military war veterans attending post-secondary, state-controlled schools;
- loans to students in medical fields that contract to practice within specific areas of the state after graduation;
- creation of "new job opportunities by providing land, buildings or infrastructure for facilities to support new or expanding businesses"; and
- land acquisition, construction or renovation, and infrastructure for affordable housing, as defined by implementing legislation.
Amendments to Article IX, Section 14
Article IX, Section 14, of the New Mexico Constitution has been amended six times. Most recently, Amendment 1 was approved in 2010 by a vote of 77.4% to 22.6% and added an exception to the anti-donation clause for a scholarship program for New Mexico military war veterans.
Path to the ballot
- See also: Amending the New Mexico Constitution
In New Mexico, both chambers of the New Mexico State Legislature need to approve a constitutional amendment by a simple majority during one legislative session to refer the amendment to the ballot for voter consideration.
Constitutional Amendment 2 was introduced as House Joint Resolution 1 (HJR 1) on January 19, 2022. On February 10, 2022, the state House passed HJR 1 in a vote of 43-23 with four absent or excused. On February 16, 2022, the state Senate passed HJR 1 in a vote of 25-14, with three absent or excused. Both votes were along party lines with Democrats in favor and Republicans opposed.[1]
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How to cast a vote
- See also: Voting in New Mexico
Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in New Mexico.
How to cast a vote in New Mexico | |||||
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Poll timesIn New Mexico, all polls are open from 7:00 a.m. to 7:00 p.m. Mountain Time on Election Day. An individual who is in line at the time polls close must be allowed to vote.[6] Registration
To register to vote in New Mexico, each applicant must be a citizen of the United States, a resident of New Mexico, and at least 18 years old by the time of the next election. People convicted of a felony are eligible to vote after their prison time is completed, even if they are still on probation, parole, or another form of supervised release. Individuals who have been declared mentally incapacitated may not register to vote.[7] Potential New Mexico voters who were not registered automatically may use the New Mexico voter registration form or national voter registration form to register. Completed registration materials may be mailed or delivered by hand to election officials. First-time applicants by mail must attach a valid form of identification to their registration materials. Registration can also be completed online.[7] Automatic registrationNew Mexico allows automatic voter registration. Eligible voters are automatically registered to vote when they interact with a department of motor vehicles unless they opt out.[8][9] Online registration
New Mexico has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationNew Mexico allows same-day voter registration.[10][11] Residency requirementsIn New Mexico, individuals can register to vote as soon as they become residents of the state. Verification of citizenshipNew Mexico does not require proof of citizenship for voter registration. Verifying your registrationThe New Mexico Secretary of State’s Office allows residents to check their voter registration status online by visiting this website. Voter ID requirementsNew Mexico does not require voters to present identification while voting, in most cases. However, if an individual registered to vote for the first time by mail and did not provide verification of his or her identity then, the voter will have to show identification.[12] Those voters can present the following forms of identification:
Some municipalities require identification when voting in local elections. Click here for more information. |
See also
External links
Footnotes
- ↑ 1.0 1.1 New Mexico State Legislature, "HJR 1," accessed February 11, 2022
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 New Mexico Legislature, "HJR 1 Text," accessed February 11, 2022
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>
tag; name "quotedisclaimer" defined multiple times with different content - ↑ New Mexico Secretary of State, "Campaign Finance Information System," accessed September 5, 2022
- ↑ Los Alamos Daily Post, "Joint Resolution To Allow Essential Services For New Mexicans Passes House Floor," February 11, 2022
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 12.1", accessed April 28, 2023
- ↑ 7.0 7.1 New Mexico Secretary of State, “Voter Registration Information,” accessed April 28, 2023
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.2", accessed April 28, 2023
- ↑ Office of the Governor, "Gov. Lujan Grisham enacts same-day, automated voter registration," March 27, 2019
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.7", accessed April 28, 2023
- ↑ The NM Political Report, “Gov. signs same-day voter registration bill,” March 27, 2019
- ↑ New Mexico Secretary of State, "Voting," accessed April 28, 2023
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