A judge ruled that ten of Gov. Susana Martinez vetoes from this year’s legislative session were invalid–and ordered that the bills become law. Earlier this year, the Legislature sued the governor, arguing she failed to follow the state constitution by not providing an explanation of her vetoes. Judge Sarah Singleton in the 1st Judicial District Court made the decision Friday. “We’re disappointed in this decision because there is no question the governor vetoed these bills,” spokesman Joseph Cueto said in an email Friday afternoon. “It’s telling how some in the legislature love running to the courts when they know they don’t have the support to override a veto.”
On the surface, Secretary of State Maggie Toulouse Oliver’s proposed changes to campaign finance reporting rules appear to be a wonky topic. But to some outspoken opponents it’s a free speech violation. Burly Cain, the New Mexico state director of Americans for Prosperity, compared the proposed changes to forcing an 80-year-old woman to “wear an armband to say what she believes on her arm.”
Officials with the secretary of state’s office say they are simply attempting to update outdated sections of the state’s Campaign Reporting Act that are no longer legally valid after high-profile court decisions. This includes the state law definition of “political committee,” which is broadly defined as two or more people who are “selected, appointed, chosen, associated, organized or operated primarily” for influencing an election or political convention. This definition was found to be “unconstitutionally broad” in New Mexico Youth Organized v. Herrera, a 2009 court case, according to Secretary of State Chief Information Officer Kari Fresquez.
Both the House and Senate recessed Thursday afternoon—without officially ending the special session. Now, the governor has three days to take action on four bills aimed at tax changes and reinstating funding to the Legislative branch and institutes of higher education. By recessing until Tuesday instead of adjourning, the House and Senate could still introduce new legislation to replace anything Gov. Susana Martinez might veto. Martinez, in an atypical statement, praised the Legislature for some of their work. “In a bipartisan manner, lawmakers passed my plan to put more funding toward cancer research and student financial aid, while at the same time forfeiting their pork projects and a small portion of their personal legislative retirement accounts to fill the budget hole — something I’ve urged them to do for months,” she said.
The governor signed the Legislature’s state budget plan Friday morning—but with $800 million worth line-item vetoes, making a future special session a reality. The vast majority of the money vetoed by Gov. Susana Martinez came from vetoing all funding for New Mexico colleges and universities. She cited the Senate’s lack of hearings for nominations of regents for “several higher education institutions,” calling it “a clear violation of its constitutional duty.”
In a separate statement, Martinez said she had to take out the “entire higher education budget” to balance the budget, but said this would be fixed in the special session. Related: Banning guns for domestic abusers vetoed, conversion therapy ban signed among Martinez actions
Senate Majority Leader Peter Wirth denounced the veto of the higher education money. “Governor Martinez has chosen to play extreme political games rather than act responsibly,” Wirth said.
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.
Judges may have to decide whether five bills that Gov. Susana Martinez vetoed during the last week will actually become law. Democratic lawmakers say the Republican governor did not properly veto the legislation, which includes a bill to allow research on industrial hemp in New Mexico, and they maintain the measures will become law after all. On Friday, the deputy to Democratic Secretary of State Maggie Toulouse Oliver, said her office would not add the bills to the law books unless instructed by a court. “Whether the governor met her constitutional obligation by vetoing these five bills in the manner in which she did is a question that should be answered by our court system,” Deputy Secretary of State John Blair said in an email. “This office will swiftly chapter these bills if and when we receive guidance from the New Mexico courts to do so,” he added, referring to the secretary of state’s role of assigning code numbers to new laws.
The state Senate majority leader says three bills that Gov. Susana Martinez vetoed during the last week will become law after all, including legislation that would legalize research of industrial hemp. Setting up a constitutional showdown, Sen. Peter Wirth, D-Santa Fe, told the chamber Thursday night that Martinez had missed her deadline to veto the bills. The governor has three days during a legislative session to sign or veto bills. If she does neither, the bills become law. The constitution also says governors are to state their objections when vetoing a bill, giving lawmakers some sort of explanation.
After six years of trying to require “dark money” organizations and other independent-expenditure groups to report their political backers, supporters of campaign-finance reform got their bill through the state House of Representatives on Monday night. The House on Monday passed Senate Bill 96, sponsored by Senate Majority Leader Peter Wirth, D-Santa Fe, and Rep. Jim Smith, D-Sandia Park. The bipartisan vote was 41 to 24. Six Republicans joined with the 35 Democrats to vote for the bill. The Senate had already passed the bill, but it will have to go back there for consideration of House amendments.
Gov. Susana Martinez personally lobbied the Senate’s top Democrat to support a controversial bill that would have created an exception in government rules and allowed state agencies to extend their leases at a building owned by donors to her campaign. Senate Majority Leader Peter Wirth, D-Santa Fe, said Monday that Martinez asked him to support the measure after he had voted against it in a committee hearing. “I was concerned about having a state law that overrides an agency’s rule,” Wirth said. But during a later conversation, Martinez asked him to reconsider, Wirth said. As majority leader, Wirth held off bringing the measure to a vote by the full Senate, and he asked another senator to vet its legality.
The New Mexico Senate on Saturday approved a bill that would make it illegal for anyone but police officers and people with concealed-carry licenses to have a gun in the state Capitol. Senate Bill 337, sponsored by Sens. Daniel Ivey-Soto, D-Albuquerque, and Bill Sharer, R-Farmington, passed on a bipartisan vote of 29-12. Seven Senate Republicans joined 22 Democrats in supporting the bill. And three Democrats voted with nine Republicans in opposing it.