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Contents
- Preliminary Material
- Main Text
- Part One The History and Development of the New Mexico Constitution
- Part Two The New Mexico Constitution and Commentary
- The New Mexico Constitution and Commentary
- Art.I Name and Boundaries
- Art.II Bill of Rights
- s.1 Supreme Law of the Land.
- s.2 Popular Sovereignty.
- s.3 Right of Self-Government.
- s.4 Inherent Rights.
- s.5 Rights Under Treaty of Guadalupe Hidalgo Preserved.
- s.6 Right to Bear Arms.
- s.7 Habeas Corpus.
- s.8 Freedom of Elections.
- s.9 Military Power Subordinate; Quartering of Soldiers.
- s.10 Searches and Seizures.
- s.11 Freedom of Religion.
- s.12 Trial by Jury; Less Than Unanimous Verdicts in Civil Cases.
- s.13 Bail; Excessive Fines; Cruel and Unusual Punishment.
- s.14 Indictment and Information; Grand Juries; Rights of Accused.
- s.15 Self-Incrimination; Double Jeopardy.
- s.16 Treason.
- s.17 Freedom of Speech and Press; Libel.
- s.18 Due Process; Equal Protection; Sex Discrimination.
- s.19 Retroactive Laws; Bills of Attainder; Impairment of Contracts.
- s.20 Eminent Domain.
- s.21 Imprisonment for Debt.
- s.22 Alien Landownership.
- s.23 Reserved Rights.
- s.24 Crime Victims’ Rights.
- Art.III Distribution of Powers
- Art.IV Legislative Department
- Sections of this Article
- s.1 Vesting of Legislative Power; Location of Sessions; Referendum on Legislation.
- s.2 Powers Generally; Disaster Emergency Procedure.
- s.3 Number and Qualifications of Members; Single-Member Districts; Reapportionment.
- s.4 Terms of Office of Members; Time of Election; Filling of Vacancies.
- s.5 Time and Length of Sessions; Items Considered in Even-Numbered Years.
- s.6 Special Session; Extraordinary Session.
- s.7 Judge of Election and Qualifications of Members; Quorum.
- s.8 Call to Order; Presiding Officers.
- s.9 Selection and Compensation of Officers and Employees.
- s.10 Compensation of Members.
- s.11 Rules of Procedure; Contempt or Disorderly Conduct; Expulsion of Members.
- s.12 Public Sessions; Journals.
- s.13 Privileges and Immunities.
- s.14 Adjournment.
- s.15 Laws to be Passed by Bill; Alteration of Bill; Enacting Clause; Printing and Reading of Bill.
- s.16 Subject of Bill in Title; Appropriation Bills.
- s.17 Passage of Bills.
- s.18 Amendment of Statutes.
- s.19 Introduction of Bills.
- s.20 Enrollment, Engrossment and Signing of Bills.
- s.21 Alteration or Theft of Bill.
- s.22 Governor’s Approval or Veto of Bills.
- s.23 Effective Date of Law; Emergency Acts.
- s.24 Local or Special Laws.
- s.25 Validating Unauthorized Official Acts; Fines Against Officers, etc.
- s.26 Grant of Franchise or Privilege.
- s.27 Extra or Increased Compensation for Officers, Contractors, etc.
- s.28 Appointment of Present and Former Legislators to Office; Interest of Legislators in Contracts.
- s.29 Laws Creating Debts.
- s.30 Payments from Treasury to be Upon Appropriations and Warrant.
- s.31 Appropriations for Charitable, Educational, etc., Purposes.
- s.32 Remission of Debts Due State or Municipalities.
- s.33 Prosecutions Under Repealed Laws.
- s.34 Change of Rights or Procedure in Pending Cases.
- s.35 Power and Procedure for Impeachment and Trial.
- s.36 Officers Subject to Impeachment.
- s.37 Railroad Passes.
- s.38 Monopolies.
- s.39 “Bribery” and “Solicitation” Defined.
- s.40 Penalty for Bribery.
- s.41 Compelling Testimony in Bribery Cases.
- s.42 Hearings on Confirmation of Gubernatorial Appointments.
- Failed Proposed Amendments to this Article
- Sections of this Article
- Art.V Executive Department
- s.1 Composition of Department; Terms of Office of Members; Residing and Maintaining Records at Seat of Government.
- s.2 Canvass of Elections; Tie Votes.
- s.3 Qualifications of Executive Officers.
- s.4 Governor’s Executive Power; Commander of Militia.
- s.5 Governor’s Appointive and Removal Power; Interim Appointees.
- s.6 Governor’s Power to Pardon and Reprieve.
- s.7 Succession to Governorship.
- s.8 Lieutenant Governor to be President of Senate.
- s.9 Public Accounts and Reports.
- s.10 State Seal.
- s.11 Commissions.
- s.12 Compensation of Executive Officers.
- s.13 Residence of Public Officers.
- s.14 State Highway Commission.
- Art.VI Judicial Department
- s.1 Judicial Power Vested.
- s.2 Supreme Court; Appellate Jurisdiction.
- s.3 Supreme Court; Original Jurisdiction; Supervisory Control; Extraordinary Writs.
- s.4 Supreme Court; Number, Term and Election of Justices; Chief Justice.
- s.5 Supreme Court; Quorum; Majority Concurring in Judgments.
- s.6 Supreme Court; Absent or Disqualified Justice.
- s.7 Supreme Court; Terms, Sessions and Recesses.
- s.8 Supreme Court; Qualifications of Justices.
- s.9 Supreme Court; Officers.
- s.10 Supreme Court; Additional Justices.
- s.11 Supreme Court; Salary of Justices.
- s.12 Judicial Districts; Election and Terms of District Judges.
- s.13 District Courts; Jurisdiction and Terms.
- s.14 District Court; Qualifications and Residence Requirement of Judges.
- s.15 District Court; Judges Pro Tempore.
- s.16 District Court; Additional Judges; Redistricting.
- s.17 District Court; Judges’ Compensation.
- s.18 Disqualification of Judges or Magistrates.
- s.19 Ineligibility of Justices or Judges for Non-Judicial Offices.
- s.20 Style of Writs and Processes.
- s.21 Judges as Conservators of the Peace; Preliminary Examinations in Criminal Cases.
- s.22 County Clerk as District and Probate Court Clerk.
- s.23 Probate Court.
- s.24 District Attorneys.
- s.25 Judicial Districts Designated; New Counties to be Allocated to Districts.
- s.26 Magistrate Court.
- s.27 Appeals from Probate Courts and Other Inferior Courts.
- s.28 Court of Appeals; Number, Qualifications, Compensation, Terms and Election of Judges; Quorum; Majority Concurring in Judgment.
- s.29 Court of Appeals; Jurisdiction; Issuance of Writs.
- s.30 Fees Collected by Judiciary Paid to State Treasury.
- s.31 Justices of the Peace Abolished.
- s.32 Judicial Standards Commission.
- s.33 Retention or Rejection at General Election.
- s.34 Vacancies in Office; Date for Filing Declaration of Candidacy.
- s.35 Appellate Judges Nominating Commission.
- s.36 District Court Judges Nominating Committee.
- s.37 Metropolitan Court Judges Nominating Committee.
- s.38 Chief Judge of District and Metropolitan Court Districts.
- Art.VII Elective Franchise
- Art.VIII Taxation and Revenue
- s.1 Levy to be Proportionate to Value; Uniform and Equal Taxes; Percentage of Value Taxed.
- s.2 Property Tax Limits; Exception.
- s.3 Tax-Exempt Property.
- s.4 Misuse and Deposit of Public Money.
- s.5 Head of Family and Veteran Exemptions.
- s.6 Assessment of Lands.
- s.7 Judgments Against Local Officials.
- s.8 Exemption of Certain Personalty in Transit Through The State.
- s.9 Elected Governing Authority Prerequisite to Levy of Tax.
- s.10 Severance Tax Permanent Fund.
- s.11 [Rejected]
- s.12, 13 [Rejected]
- s.14 [Rejected]
- Art.IX State, County, and Municipal Indebtedness
- s.1 Debts of Territory and its Counties Assumed.
- s.2 Payment of County Debts by Another County.
- s.3 State Refunding Bonds for Assumed Debts.
- s.4 Sale of Lands for Certain Bond Payments.
- s.5 Remission of County Debts to State Prohibited.
- s.6 Militia Warrants.
- s.7 State Indebtedness; Purposes.
- s.8 State Indebtedness; Restrictions.
- s.9 Use of Borrowed Funds.
- s.10 County Indebtedness; Restrictions.
- s.11 School District Indebtedness; Restrictions.
- s.12 Municipal Indebtedness; Restrictions.
- s.13 County and Municipal Debt Limit; Exceptions.
- s.14 Aid to Private Enterprise; Veterans’ Scholarship Program; Student Loans.
- s.15 State and Local Refunding Bonds.
- s.16 State Highway Bonds.
- Art.X County and Municipal Corporations
- s.1 Classification of Counties; Salaries and Fees of County Officers.
- s.2 Terms of County Officers.
- s.3 Removal of County Seats.
- s.4 Combined City and County Corporations.
- s.5 Incorporated Counties.
- s.6 Municipal Home Rule.
- s.7 Five-Member Boards of County Commissioners.
- s.8 New Activity or Service Mandated by State Rule or Regulation.
- Art.XI Corporations Other than Municipal
- s.1 Creation and Composition of State Corporation Commission.
- s.2 Election and Terms of Corporation Commissioners.
- s.3 Disqualifications for Corporation Commissioners.
- s.4 Officers, Assistants, Procedure and Attorney of Corporation Commission.
- s.5 Quarters, Expenses and Salaries of Corporation Commission.
- s.6 General Duties of Corporation Commission.
- s.7 Powers of Corporation Commission Over Carriers; Duties of Supreme Court.
- s.8 Hearings Before Corporation Commission.
- s.9 Interstate Carrier Rates.
- s.10 Basis for Transportation and Transmission Rates.
- s.11 Records and Reports of Carriers.
- s.12 Acceptance of Constitution by Corporations.
- s.13 General Corporation Laws.
- s.14 Corporations Subject To Police Power.
- s.15 Cooperation Between Carriers.
- s.16 Cooperation Between Transmission Corporations.
- s.17 Construction, Intersections and Connections of Railroads.
- s.18 Eminent Domain of Corporate Property.
- Art.XII Education
- s.1 Free Public Schools.
- s.2 Permanent School Fund.
- s.3 Control of Constitutional Educational Institutions; Use of State Land Proceeds and Other Educational Funds.
- s.4 Current School Fund.
- s.5 Compulsory School Attendance.
- s.6 State Department of Public Education; State Board of Education.
- s.7 Investment of Permanent School Fund.
- s.8 Teachers to Learn English and Spanish.
- s.9 Religious Tests in Schools.
- s.10 Educational Rights of Children of Spanish Descent.
- s.11 State Educational Institutions.
- s.12 Acceptance and Use of Enabling Act Educational Grants.
- s.13 Boards of Regents for Educational Institutions.
- s.14 Recall of Local School Board Members.
- s.15 Local School Boards Having Seven Single-Member Districts.
- Art.XIII Public Lands
- Art.XIV Public Institutions
- Art.XV Agriculture and Conservation
- Art.XVI Irrigation and Water Rights
- Art.XVII Mines and Mining
- Art.XVIII Militia
- Art.XIX Amendments
- Art.XX Miscellaneous
- s.1 Oath of Office.
- s.2 Tenure of Office.
- s.3 Date Terms of Office Begin.
- s.4 Vacancies in Offices of District Attorney or County Commissioner.
- s.5 Interim Appointments.
- s.6 Date of General Elections.
- s.7 Canvass of Returns for Officers Elected by More Than One County.
- s.8 First National Election.
- s.9 State Officers Limited to Salaries.
- s.10 Child Labor.
- s.11 Women as Public Officers.
- s.12 Publication of Laws in English and Spanish.
- s.13 Sacramental Wines.
- s.14 Public Officers Barred from Using Railroad Passes.
- s.15 Penitentiary to be Reformatory and Industrial School; Labor by Inmates.
- s.16 Railroad’s Liability to Employees.
- s.17 Uniform System of Textbooks for Public Schools—Repealed on November 2, 1971.
- s.18 Leasing of Convict Labor Prohibited.
- s.19 Eight-Hour Day in Public Employment.
- s.20 Waiver of Indictment; Proceedings on Information.
- s.21 Pollution Control.
- s.22 [Not Certified]
- Art.XXI Compact with the United States
- Preamble
- s.1 Religious Toleration; Polygamy.
- s.2 Control of Unappropriated or Indian Lands; Taxation of Federal Government, Nonresident and Indian Property.
- s.3 Assumption of Territorial Debts.
- s.4 Public Schools.
- s.5 Suffrage.
- s.6 Capital.
- s.7 Reclamation Projects.
- s.8 Allotted Indian Lands Subject to Federal Liquor Control.
- s.9 Consent to Enabling Act Provisions.
- s.10 Compact Irrevocable.
- s.11 Consent to Exchange of Lands.
- s.12 [Not Ratified]
- Art.XXII Schedule
- s.1 Effective Date of Constitution.
- s.2 Federal Employers’ Liability Act.
- s.3 Federal Mining Inspection Act.
- s.4 Territorial Laws.
- s.5 Pardons for Violation of Territorial Laws.
- s.6 Territorial Property Vested in State.
- s.7 Obligations Due Territory or Subdivision.
- s.8 Territorial Judicial Process and Proceedings.
- s.9 Territorial Courts and Offices; Seals.
- s.10 Pending Actions.
- s.11 Execution and Deposit of Constitution.
- s.12 Territorial Obligations; Names of Political Subdivisions.
- s.13 Election to Ratify Constitution.
- s.14 Ballots for Ratifying Constitution.
- s.15 Canvass of Ratification Election Returns.
- s.16 Submission of Constitution to President and Congress.
- s.17 Proclamation for First Election of Officers.
- s.18 Conduct of First State Election; Certification of Results to President.
- s.19 First State Officers.
- s.20 First Legislative Session; Oaths of Members; Election of United States Senators.
- s.21 Supplementary Legislation.
- s.22 Terms of First Officers.
- Art.XXIII Intoxicating Liquors
- Art.XXIV Leases on State Land
- Further Material
