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HJR 10

ALLOW VOTING WITH FELONY CONVICTION, CA

2025 Regular Session Introduced by Pamelya Herndon and 1 co-sponsor

HJR 10 would amend NM Constitution to grant felons the right to vote, subject to voter approval (Nov 2026), likely requiring statutory changes and facility voting rules.

action postponed indefinitely
#constitutionofnewmexico #crimes&penalties
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Bill Summary · HJR 10

Summary — HJR 10: “Allow Voting with Felony Conviction” (Constitutional Amendment)

Purpose

House Joint Resolution 10 proposes amending Article VII, Section 1 of the New Mexico Constitution to ensure that individuals with felony convictions have the right to vote. The amendment would be submitted to voters and would become effective only if approved by a public vote.

Key provisions

  • Amends Article VII, Section 1 (voter qualifications) to eliminate language that restricts voting "by reason of criminal conviction," thereby creating a constitutional grant of voting rights to persons with felony convictions.
  • Specifies that the proposed constitutional amendment be placed on the ballot at the next general election (November 2026) or at a special election called for that purpose.
  • Leaves intact existing residency and registration requirements "provided by law"; it does not itself change other statutory voter-registration rules.

Fiscal impact

  • Legislative Finance Committee (LFC) / Secretary of State estimate: one-time (nonrecurring) election-related cost in the range of approximately $30,000 to $50,000 (estimates vary; SOS estimate per amendment $35,000–$50,000). Costs reflect printing bilingual sample ballots, newspaper publication requirements, potential larger/multi-page ballots and additional ballot stations.
  • No continuing (recurring) fiscal burden identified in the LFC fiscal note; costs are tied to placing the amendment on the ballot.

Legal and operational issues

  • The New Mexico Attorney General and Corrections Department note a likely conflict between the proposed constitutional right and current statute (NMSA 1978, Section 1-4-27.1(A)), which states a person is “ineligible to vote while imprisoned in a correctional facility as part of a sentence for a felony conviction.” If voters approve the amendment, statutory language that prevents voting by incarcerated felons would be constitutionally vulnerable and likely would require statutory revision to conform with the amendment.
  • The amendment could extend voting rights to persons currently incarcerated for felony sentences unless statute is simultaneously changed. Implementation questions include whether NMCD or correctional facilities would be required to facilitate voting (e.g., absentee-ballot distribution, polling places within facilities).
  • Secretary of State recommended clarifying the short title/ballot language to avoid misleading implications — noting that persons convicted of a felony but not incarcerated are already eligible to register and vote under current statute.

Who would be affected

  • Primary: persons convicted of felonies in New Mexico, particularly those serving sentences in confinement.
  • Secondary: Secretary of State, county clerks/election officials, New Mexico Corrections Department, and the legislature (to reconcile statutes).

Legislative status & timeline

  • Introduced (per provided materials): August 15, 2025 (fiscal/committee work dated Feb–May 2025 in the record).
  • Committee action: Government, Elections and Indian Affairs Committee recommended “Do Pass” (roll call 5–3) and referred the measure to Judiciary; additional committee referrals occurred (Judiciary, Finance).
  • Ballot placement: Joint resolution directs submission to voters at next general election (Nov 2026) or a special election.
  • Current status (as provided): Action postponed indefinitely (most recent status entry: 2025-06-03).

Sources: LFC fiscal notes, Secretary of State and Attorney General analyses, committee report.

Compiled from official sources — confirm details with the bill’s official record.

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