New Mexico Political Report
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Hello fellow political junkies!

Remember, remember to vote on or before the fifth of November. 

Aside from the candidates for office there are also four proposed constitutional amendments on the ballot this year.

These proposed amendments were approved by the state legislature in 2023 and 2024 and are proposals for a property tax exemption for veterans with less than 100 percent disability and their widowed spouses, a property tax exemption increase for honorably discharged members of the armed forces and their widowed spouses, allow the University of New Mexico School of Law dean appoint a designee to the Appellate Judges Nominating Commission and allow county commissions to set salaries for county officials.

The Legislative Council Service issued a report detailing arguments both for and against the proposed amendments.

Amendment 1

The first amendment provides a property tax exemption for veterans with less than 100 percent disability.

The arguments for the amendment as stated in the Legislative Council Service report state that it provides disabled veterans and their widowed spouses protection from property tax increases, allows service-connected disabled veterans equal treatment, could result in more disabled veterans moving to New Mexico and that the benefits for the exemption outweigh any extra costs to taxpayers, according to the report.

“The estimated cost of an additional annual per capita burden of $34 for the general population of the state is comparatively low to the benefit provided to the nearly 30,000 service-related disabled veterans with property tax liability in the state,” the report states.

Arguments against the amendment include the possibility that those who do not need financial assistance could benefit from it, financial assistance is already available for disabled veterans, the exemption violates property tax principles, non-disabled veteran property taxpayers will pay more due to the exemption and that the federal government, rather than the state, should help disabled veterans, according to the report.

“A property tax is traditionally based on the value and nature of the property, not the personal characteristics of the owner. Creating an exemption for certain individuals is a departure from the underlying principle of property taxation and could set a precedent for other groups to seek a similar exemption,” the report states.

Amendment 2

Similar to the first amendment on the ballot, the second one concerns veterans and property taxes.

The amendment proposes a property tax exemption increase for honorably discharged veterans and their widowed spouses from $4,000 to $10,000 which will be adjusted annually for inflation, the report states.

“As discussed in the summary for Constitutional Amendment 1, the loss of revenue due to property tax exemptions is mitigated by an automatic increase in property taxes for those not eligible for the exemption. While the budgets of local governments will bear most of the loss of revenue, at least 40 percent will be absorbed by an automatic property tax increase of approximately $34 per year for all other property taxpayers,” the Legislative Council Services report states.

Arguments for the amendment include that it helps veterans and their widowed spouses maintain homeownership and shows New Mexico’s appreciation for veterans. It could boost New Mexico’s population and tax base. The inflation provision adjustment allows for no need for future amendments and the increased exemption amount accounts for the current inflation and property tax levels as the  current exemption was done in 2002.

Arguments against the amendment include that Congress should be the entity responsible for veterans’ benefits, the exemption could benefit those who chose to enlist rather than just for those who were drafted, it could be unfair to other property taxpayers who would pay more to offset the increase as well as to offset the inflation protection.

“Tax relief measures should be based on need. There is no evidence that veterans have lower incomes or a greater need for property tax relief than other taxpayers,” the report states. “If additional property tax relief is to be granted, low-income taxpayers who spend a disproportionate share of their income on property taxes may benefit more from this type of relief. It is possible that, with the passage of the proposed constitutional amendment, veterans who are financially stable and who own large, high-value homes will be relieved from contributing their property tax share.”

Amendment 3

The third proposed constitutional amendment seeks to allow the dean of the University of New Mexico School of Law to appoint a designee to serve as chair of the Appellate Judges Nominating Commission.

Arguments for the amendment include that as the Appellate Judges Nominating Commission is primarily administrative, the dean of the University of New Mexico School of Law is not uniquely qualified to serve as chair of the Appellate Judges Nominating Commission and would allow the UNM Law School dean to prioritize being dean, the report states.

“Since the dean of the University of New Mexico School of Law has been entrusted to make good decisions on the membership of important commissions for decades, there should be no harm in allowing the dean to designate someone as the chair of the Appellate Judges Nominating Commission,” the report states.

Arguments against the amendment state that it could remove a tie-breaker vote and that it could remove “one of New Mexico’s most prominent legal scholars from the judicial appointment process,” the report states.

“The Appellate Judges Nominating Commission serves a vital role in New Mexico’s judicial system by vetting and nominating candidates for the most prominent judicial positions in the state. The dean of the University of New Mexico School of Law has a unique level of legal experience that makes the dean an important resource during the commission’s vetting process,” the report states.

Amendment 4

The fourth proposed amendment seeks to eliminate the legislature’s role in setting county official’s salaries.

Arguments for the amendment include that it could provide local control to county commissions, with counties setting salaries. They can attract workers from a larger pool of candidates and that it could give voters more say in how their local governments are managed, the report states.

“County officers are locally elected and directly accountable to their constituents. Setting salaries for county officers at the local level will give the local voters a stronger voice in how their counties are managed. This amendment would localize salary decisions and make county officers more accountable to their constituents,” the report states.

Arguments against the amendment include that county official salaries will be wide-ranging and inconsistent among counties without legislative oversight, potential negative consequences without the legislature’s authority and that county commissioners could set their own salaries, the report states.

“Currently… the Constitution of New Mexico places the legislature in a neutral third-party role and provides assurances to the people of the state that county officer salaries are determined impartially. This proposed amendment may make these determinations more susceptible to short-term political or personal considerations,” the report states.

The report was prepared by the New Mexico Legislative Council Service and does not represent legislative deliberations.

“(The arguments in the report)  represent suggestions from the Legislative Council Service staff of arguments in support of and in opposition to the proposed amendments,” the report states.

New Mexico election info

The New Mexico Secretary of State’s Office posted a list of bond questions and constitutional amendments that will appear on statewide ballots. 

These can be seen here. For more information about what will appear on your local ballot, contact your local county clerk’s office which can also help you check on or update your voter registration, a process that can also be done online at NMVote.org

To see who the candidates are, please visit the New Mexico Secretary of State’s 2024 General Election Contest/Candidate List.

The Election Results 2024 will be posted to the New Mexico Secretary of State’s Office website after polls close at 7 p.m. on Nov. 5. It currently lists the 2024 primary results.

Upcoming interim committee meetings

Interim Legislative Water and Natural Resources Committee will meet Oct. 28-29 at Inn of the Mountain Gods 287 Carrizo Canyon Road in Mescalero.

Interim Legislative Science, Technology and Telecommunications Committee will meet Oct. 31-Nov. 1 in Room 309 at the State Capitol.

Interim Legislative Investments and Pensions Oversight Committee will meet Oct. 29 in Room 307 at the State Capitol.

Interim Legislative Indian Affairs Committee will meet Oct. 30 at the Institute of American Indian Arts 83 Avan Nu Po Road in Santa Fe and Oct. 31- Nov. 1 in Room 307 at the State Capitol.

For more information about interim committee meetings, visit nmlegis.gov and click the Committees tab at the top of the screen.

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Nicole Maxwell