Some vetoes by Gov. Susana Martinez are raising eyebrows among legislators and others—and at least one partial veto may be challenged in court. Wednesday was the final day for Martinez to decide whether or not to sign bills from this year’s legislative session. She signed 80 bills into law, but vetoed 31 others. Some she rejected using her veto pen, while with others she just allowed time to run out in what is called a “pocket veto.”
One portion of a bill that may see a new life was part of the crime omnibus bill the Legislature passed in response to the spike in crime, particularly in Albuquerque. The bill combined a number of ideas aimed at reducing crimes.
Gov. Susana Martinez signed a bill Thursday to pay for this year’s 30-day legislative session but vetoed funding for one particular Senate committee. House Bill 1 provides $4.7 million for the session and another $16.1 million for a year-round staff of lawyers, economists, analysts and other aides. But Martinez nixed $19,100 for the Senate Rules Committee, which is responsible for vetting the governor’s picks for Cabinet posts, university regents and a long list of other appointments in New Mexico government. Martinez accuses the committee of holding up confirmation hearings for dozens of her nominees. The money she vetoed had been earmarked for the committee to meet in between regular sessions of the Legislature, though it held only one such meeting last year.
Attorneys for Gov. Susana Martinez argued to the New Mexico Supreme Court that a legal challenge of her sweeping line-item budget vetoes should be dismissed. At a minimum, her lawyers argued last week, the case should be postponed until an upcoming special legislative session is complete. In response to a motion filed by the Legislative Council last month, Martinez’s lawyer Paul Kennedy argued that the governor did not exceed her power as governor when she vetoed the entire budgets for the Legislature and higher education. Kennedy, who has a high dollar contract with Martinez’s office, challenged the Legislature’s notion that the governor cannot legally veto two entire budgets. Related story: Gov’s office cites complex questions from reporters, busy schedule as defense in lawsuit
“The question presented is whether, during the bill-review period following a regular session of the Legislature, the Governor can veto items pertaining to the Legislature and state educational institutions in a general appropriations bill for the subsequent fiscal year without violating the principle of separation of powers,” Kennedy wrote.