The saga of ten vetoes by Gov. Susana Martinez hit another twist. The state Supreme Court said Tuesday a district court ruling invalidating the vetoes should be stayed until the appeals process is over. A district court judge ruled last year that the vetoes were invalid and so the bills in question should become law. After this order, the Secretary of State chaptered them into law. Now, in a 3-2 decision, the New Mexico Supreme Court paused this order.
Attorneys for the Legislative Council Service urged the state Supreme Court to reject Gov. Susana Martinez’s large line-item vetoes in the state budgets in a Wednesday court filing. In the latest legal argument from LCS involving its lawsuit against Martinez, a response to arguments submitted last week from her legal camp, attorneys Jane Yohalem and Michael Browde argued that Martinez’s vetoes last month violate the state constitution. Specifically, the argued that a provision that bars the governor from re-writing the annual bill the Legislature passes to fund state government. Martinez vetoed the entire budgets for the state Legislature and the state Higher Education Department. The large vetoes, the attorneys added, violate the separation of powers between the Legislature and governor established in the state constitution.
After the 2017 general legislative session adjourned, Gov. Susana Martinez vowed to veto any tax increases and to call legislators back to the Roundhouse for a special session soon to redo the budget. Democrats said their package would avoid any further cuts to education, which has seen several slashes in recent years because of declining revenue to the state. The governor’s office says a state government shutdown could happen as early as next month. This story also appears in this week’s edition of the Alibi. In a post-session press conference, Martinez blamed lawmakers, saying some “failed to do their jobs this session.” Her tone capped a tense few days between her office and the Legislature.
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.
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.
The state Senate’s extraordinary effort to override a veto by Gov. Susana Martinez has landed with a thud in the House of Representatives. Two days after senators voted overwhelmingly to save a bill that would have allowed teachers to use more sick days without being penalized in their performance evaluation, no one has stepped forward in the House to call for a similar override vote. Note: This piece has been updated throughout. Majority Democrats are looking to Republicans who co-sponsored the bill to push for the override in the House. Related: Senate votes to override Martinez veto on teacher absences bill
A two-thirds majority of both the Senate and House is needed to override a veto.
Gov. Susana Martinez is getting attention, to say the least, for her onslaught of vetoes as the legislative session nears a potentially messy end. But the tension between Martinez and state lawmakers started with her early veto of the bill to fund the operations of the Legislature during the session and the interim. It continued towards the end of January, when she vetoed a much-publicized bill to allow for industrial research of hemp. February came and went with no bills headed to Martinez’s desk. But at the end of the first week of March, she rejected a measure to allow teachers to use all of their allotted sick days without absences making a negative impact on their statewide evaluation.
Gov. Susana Martinez on Wednesday vetoed six bills that cleared the Legislature with overwhelming support, rankling lawmakers who complained that she never explained any of her decisions. Martinez’s own tone was equally sharp when she called a Senate override of one of her vetoes a stunt, even though that challenge to her was initiated by a fellow Republican. But when it came to issuing veto messages, Martinez didn’t give legislators any idea of why she rejected bills ranging from an uncontroversial proposal that would have given local governments a new option to pay for expanding broadband networks to arcane changes in horse-racing regulations. Spokesmen for the governor did not respond Wednesday to repeated requests for comment. Related: Senate votes to override Martinez veto on teacher absences bill
The day before Martinez spiked the six bills, the Senate voted 34-7 across party lines to override her veto of a bill to let teachers use more sick days without being downgraded on their performance evaluation.
The U.S. House passed a bill that critics say would severely hobble the program of allowing Syrian and Iraqi refugees into the country—with enough votes to override a threatened veto by President Barack Obama. Democrats in the Senate, however, have vowed that it will not pass that chamber. The legislation would require an FBI background check on each potential refugee. It would also require the heads of the FBI, Department of Homeland Security and the director of national intelligence to personally sign off on each refugee from Syria and Iraq. Those supporting the bill have said that it is necessary, in light of the recent terror attacks in Paris, to ensure no terrorists are included among those seeking refugee status in the United States.
Gov. Susana Martinez vetoed a Senate bill that would have allowed for home deliveries of beer and wine. The bill, sponsored by Sen. Gerald Ortiz y Pino, D-Albuquerque, would have allowed deliveries of two six packs of beer and two bottles of wine with certain food orders. In an executive message announcing the veto, Martinez raised concerns that the bill would facilitate dangerous drinking by minors by allowing large quantities of beer and wine to be delivered with food orders. This could facilitate underage and binge drinking at social gatherings. Additionally, there is no existing law enforcement oversight to ensure that deliveries are not made to intoxicated persons and minors at their residences.