The New Mexico Legislative Council voted to sue Gov. Susana Martinez over some of her controversial budget vetoes and is planning for an extremely rare extraordinary session. “Following the legal briefing given by attorneys to the Legislature, the Legislative Council has made the decision to officially begin the legal process necessary to ensure the state constitution is upheld,” Senate President Pro Tem Mary Kay Papen said in a statement. “As legislators we take our oath to support the constitution and the laws of the state seriously. A strong system of checks and balances is crucial to the success of our democracy.”
It’s unclear how individual members voted. Democrats hold a 9-7 advantage on the panel, which is made up of members of both chambers.
Gov. Susana Martinez criticized the state Legislature heavily Monday, promising to reject a budget sent to her desk and call a special session to redo the budget. She also warned of impending furloughs across state government if a new budget can’t be passed soon. Martinez faulted lawmakers for raising taxes in their budget—specifically gas taxes, auto sales taxes and internet sales taxes—and contended that their plan is not balanced as required under state law. “They overspent our projected revenue by $157 million,” Martinez said at an Albuquerque luncheon sponsored by the state chapter of the National Association of Industrial and Office Properties. “Then they passed a separate bill with $350 million in tax increases and called it a day.”
Budgets that require separate legislation to balance them are not unique—Martinez signed such legislation during a special session last year.
A handful of bills passed by both the state Senate and House of Representatives continue to sit in limbo. Normally, those bills would be signed or vetoed by the governor. Instead, their fate likely lies with the judicial branch. The head of the Legislative Council Service (LCS), the nonpartisan administrative arm of the state Legislature, said he and his staff suggested to lawmakers and the secretary of state that some vetoed bills should actually be chaptered. Chaptering, or printing, the bills is typically the first step to writing them into state statute.
New Mexico’s 60-day legislative session doesn’t end until noon Saturday, but Gov. Susana Martinez already is preparing to call a special session because of ongoing budget problems, her staff said Friday night. “A special session could be called as soon as Monday or Tuesday,” said the governor’s spokesman, Chris Sanchez. Note: This post has been updated throughout to reflect news on likely special session. Keith Gardner, Martinez’s chief of staff, said a special session is almost a certainty. “If something doesn’t change dramatically from tonight, yes,” Gardner said at the Capitol on Friday night.