After a midterm election in which Democrats wrested back control of the Governor’s Office and expanded their majority in the state House of Representatives, Kelly Fajardo feels almost invisible at the Roundhouse this year. Fajardo, you see, is a Republican representative in a Democrat-dominated House, where members of the GOP are now outnumbered by the largest margin in two decades. “It just feels like we don’t matter,” said Fajardo, R-Los Lunas. “Our job is to create good policy, and when you’re going, ‘I don’t need you. I don’t need to listen to you,’ that creates a problem,” she said.
If you wanted to run for governor as an independent last year, you would have needed to get more than 15,000 registered voters to sign a petition to get your name on the ballot. It was a nearly impossible goal. New Mexico law sets a high bar for independent candidates to even qualify for an election. A new state legislator wants to make it easier for independents to run for office by drastically slashing the number of signatures they need to file with election officials. While the Legislature has consistently shot down past proposals to loosen up New Mexico’s notoriously tight ballot access laws, one top Democrat appears to be on board with the idea.
Henry “Kiki” Saavedra, who represented an Albuquerque South Valley district in the New Mexico House of Representatives for nearly 40 years, is dead. He was 82. House Speaker Brian Egolf, D-Santa Fe, announced Saavedra’s death on the House floor Monday. A statement issued by son Marc Saavedra on behalf of the family said the late lawmaker suffered from Alzheimer’s disease for the past couple of years. But, the statement said, “his lively spirit continued to shine through until the end, and we are grateful that he is now at peace.”
Recreational marijuana would become legal for people 21 or older in New Mexico and the state could tax marijuana sold in licensed stores under a bill introduced Thursday by state Rep. Javier Martínez, D-Albuquerque. House Bill 356 would establish a licensing system that supporters say favors small businesses and institute a 9 percent tax on marijuana for buyers who are not patients in the state’s Medical Cannabis Program. The revenue would go for research and education as well as community grants for workforce training, substance misuse treatment, mental health treatment, and youth drug-education and prevention programs.
Cities and counties would be allowed to opt out of allowing retail marijuana sales. “It’s time to be smart about the war on drugs,” Martínez told The New Mexican in an interview last week. He called the decades-long state and federal anti-marijuana policies a failure.
Top lawmakers on Monday rolled out a proposed $7 billion state budget that would include a whopping $600 million for public works projects around New Mexico as the government’s coffers swell with a windfall of revenue from an oil and gas boom. The Legislative Finance Committee’s proposed budget would mark almost an 11 percent increase in spending by the state. That is less than what Gov. Michelle Lujan Grisham has proposed in her own version of the state budget, which would raise spending by about 13 percent. But as lawmakers prepared to convene Tuesday for a 60-day legislative session, leaders indicated they are not far off from an agreement with the new governor when it comes to some spending on the issue that is sure to dominate the agenda: education. Faced not only with a judge’s order to come up with ways of improving education for many of the state’s most vulnerable students but also with a bright financial outlook in the short-term, legislators echoed Lujan Grisham’s own call to greatly increase funding for New Mexico schools.
Lawmakers are hopeful that 2019 brings an opportunity to significantly overhaul major parts of the New Mexico criminal justice system, after what one key state senator called a “lost decade” that saw myriad ideas but scant action. Bills are expected to address chronically high crime rates across the state, with a focus on speedier justice in cases involving violence and more lifeboats for people whose lesser crimes have saddled them with the stigma of a criminal record. Related: Lawmaker confident about criminal justice reform’s chances of passage
There’s talk of a massive “omnibus” bill that would feature changes to New Mexico’s probation and parole systems, reparations for crime victims, the way law enforcement uses eyewitness testimony to seek convictions and several other laws. Then there are the reforms that, in years past, have found support from both political parties but ultimately met the veto pen of Gov. Susana Martinez, a former prosecutor who for eight years stuck to her belief that New Mexico needed tougher penalties for lawbreakers, but largely stiff-armed proposals to address systemic injustices. Those shifts — likely to be proposed in individual bills — would include limiting the use of solitary confinement in the state’s prisons and jails, creating a pathway for some offenders to have their criminal records wiped clean after a period of time and prohibiting private-sector employers from inquiring about job applicants’ past convictions in most instances.
Governors typically come into office with high expectations, after telling voters what legislation they’ll ensure passes to improve the state. But they can run into one major challenge: the state legislature. Any legislation must pass both the House and Senate with a majority from each chamber. To do so, the governor must convince and cajole members who represent ethnically, socio-economically, geographically and ideologically diverse districts throughout the state to advance the legislation. At times, their efforts crash upon the rocks and the promised progress is stalled.
During a sit-down earlier this month in the sparse Albuquerque administrative office for Planned Parenthood of New Mexico, CEO Vicki Cowart wondered aloud if the U.S. Supreme Court’s Roe v. Wade decision had lulled much of the public into taking legal abortion for granted. Here in New Mexico, abortion access has been solidly maintained by decades of activism by rights proponents and their collaborations with supportive elected officials. “Two generations of women have grown into adults with this not being an issue,” said Cowart. Yet two generations of women have seen gradual rollbacks in abortion rights and access in many other states across the country, where anti-abortion activists intent on ending the practice have been doggedly, methodically successful. Read this story’s companion piece, “NM state law, the U.S. Supreme Court and abortion access” here.
A U.S. Supreme Court decision may open the door to the taxation of more internet sales in New Mexico. In a 5-4 decision Thursday, the U.S. Supreme Court said states could tax sales on internet purchases from companies that do not have a physical presence in a state. The decision overturned a 1992 decision on catalogue-order companies that was later interpreted to include internet sales. The New Mexico Legislature passed a bill that would apply the state’s gross receipts tax to internet sales in 2017 as part of a suite of tax changes. That would bring in, by a conservative estimate, $20 million annually for the state.
The saga of ten invalid vetoes ended Wednesday, when the state Supreme Court ruled unanimously that Gov. Susana Martinez failed to follow the state constitution. That means the bills she vetoed more than a year ago without explanation remain law, upholding a lower court ruling. During the 2017 legislative session, Martinez vetoed ten laws, but failed to explain those vetoes. The state Legislature sued, saying she had violated the state constitution. With the court’s ruling, those laws are in effect immediately.