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HJR 15

PROHIBIT SLAVERY, CA

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

Amends NM Constitution to ban slavery and involuntary servitude in all forms, removing the federal 13th-Amendment exception; requires voter approval in Nov 2026 to take effect.

action postponed indefinitely
#constitutionofnewmexico
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Bill Summary · HJR 15

Summary — HJR 15 (Prohibit Slavery), Joint Resolution (New Mexico)

Status: Action postponed indefinitely (Introduced August 15, 2025)
Primary sponsor (per fiscal note): Rep. Roybal Caballero
Subject: Amendment to the Constitution of New Mexico (Article II, Section 4)

Purpose / Intent

HJR 15 proposes a state constitutional amendment to expressly prohibit slavery and involuntary servitude "in any form" within New Mexico. The stated aim is to eliminate the exception contained in the U.S. Constitution’s 13th Amendment that permits slavery or involuntary servitude “as a punishment for crime whereof the party shall have been duly convicted,” thereby closing that loophole at the state level.

Key provisions

  • Amend Article II, Section 4 of the New Mexico Constitution by adding explicit language banning slavery and involuntary servitude in any form.
  • Specify that the proposed amendment be submitted to voters at the next general election (November 2026) or at a special election called for that purpose.
  • The amendment would take effect only if approved by a majority of voters.

Who would be affected

  • State constitutional law: The text of New Mexico’s Constitution would change to include an absolute ban on slavery and involuntary servitude.
  • Criminal justice and corrections systems: Corrections policies and prison labor practices in New Mexico could be subject to legal challenge or revision if they are viewed as constituting involuntary servitude under the new state standard.
  • State courts and agencies: Would interpret and implement the new constitutional language in adjudications and administrative policies.

Fiscal and procedural notes

  • Fiscal impact (Legislative Finance Committee / Secretary of State analysis): Estimated one-time election-related cost of $35,000–$50,000 to print and publish ballot materials (English and Spanish) and accommodate ballot layout changes. No recurring costs identified. If voters approve the amendment there are no further fiscal impacts identified in the fiscal note.
  • Timing: The resolution directs placing the question before voters at the next general election (Nov 2026) or at a special election; it becomes effective only upon voter approval.
  • Legal context: The New Mexico Attorney General noted there is currently no state-constitutional prohibition on slavery; federal 13th Amendment already bans slavery but includes the criminal-punishment exception. The proposed amendment would remove that exception within New Mexico’s jurisdiction.
  • Current legislative status (as provided): Action postponed indefinitely.

Potential implications (summary)

  • If enacted by voters, the amendment would remove the criminal-punishment exception within state constitutional law, potentially affecting prison labor programs and sentencing-related practices in New Mexico. Implementation details and litigation risks would depend on how courts interpret “involuntary servitude” under the new state language.

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

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