Bill
HJR 2
Amend NM Constitution to end pocket veto on last-three-day bills; require veto within 20 days after adjournment and provide a substantive explanation for any veto.
Status: Signed by the Legislature; constitutional amendment proposal to be submitted to voters (next general election or earlier special election)
Sponsor(s): Representatives Matthew McQueen, Joseph Cervantes (and others)
Purpose
- Proposes an amendment to Article IV, Section 22 of the New Mexico Constitution to (1) eliminate the governor’s “pocket veto” for bills presented in the last three days of a legislative session and (2) require the governor to provide a substantive written explanation for any veto (whole or partial).
Key provisions / what the amendment would change
- Current rule (summary): Bills presented to the governor in the last three days of a session must be approved or returned within 20 days after adjournment; if the governor does not return them within that period the bill does not become law (this is the “pocket veto” effect). The constitution presently requires the governor to explain vetoes only when the Legislature is in session.
- Proposed change (text highlights):
- For bills presented during the final three days of session, the governor must approve or veto them within 20 days after adjournment.
- Unless vetoed within that 20-day period, such bills would become law (i.e., lack of action would no longer kill the bill).
- Any veto (whole or in part) must include a “substantive explanation,” and that explanation must accompany the returned bill or be deposited with the Secretary of State.
Who would be affected
- Governor’s office: Eliminates a discretionary tool (pocket veto) and imposes a duty to produce substantive veto messages for all vetoes; could increase staff time and legal review.
- Legislature: Reduces executive discretion to let last‑minute bills lapse by silence and increases public record of executive objections.
- Secretary of State (SOS): Administrative duties tied to printing/publishing constitutional amendment materials for the ballot.
- Voters: The amendment itself must be approved by a majority of voters to take effect.
Fiscal and administrative impact
- Placing the amendment on the ballot will trigger printing/publishing obligations. Estimates vary:
- Legislative Fiscal Office / SOS: incremental printing/publication costs per constitutional amendment estimated roughly $30,000–$50,000 (some estimates note up to ~$35k–$50k depending on ballot pages and stations).
- One document cited a broader range of $0 (if placed with other measures) to approximately $200,000 if the amendment requires an additional statewide ballot page and is the only question.
- Governor’s office: indeterminate but likely minimal recurring administrative costs; potential costs from legal challenges to veto explanations.
Procedural timeline and next steps
- Passed both houses of the 57th Legislature in spring 2025 (enrolled and filed with Secretary of State in May 2025; delivered to the governor).
- As a constitutional amendment joint resolution, it must be placed on the ballot and approved by voters at the next general election (or an earlier special election called for that purpose). The fiscal note anticipates placement on the November 2026 ballot.
Key considerations and debate points
- Supporters: Frame change as increasing transparency and preventing last‑minute executive nullification of legislative action by inaction.
- Opponents / Governor’s office concerns: Argue the pocket veto is a longstanding executive tool that can protect sensitive information and preserve executive discretion; requiring substantive public explanations for all vetoes may compel disclosure of sensitive matters and increase administrative/legal exposure.
- Technical question noted in committee reports: definition and scope of “substantive explanation.”
Legislative actions (selected)
- Committee approvals (Rules; Government, Elections & Indian Affairs; Judiciary) with favorable reports.
- Floor passage and enrollment occurred in May 2025; filed with Secretary of State. The resolution will proceed to the ballot for voter ratification.
Compiled from official sources — confirm details with the bill’s official record.
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