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HJR 6

Require Governor to provide at least five days notice to all state legislators when calling a Special Session

2025 Regular Session Introduced by Larry Kump

Adds a voter-initiated recall for incumbents in constitutionally created offices, allowing petition and a recall election if grounds exist and voters approve (2026).

To House Judiciary
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WeVote Research Nonpartisan
Bill Summary · HJR 6

Summary — HJR 6: Recall of Public Officers (Constitutional Amendment), New Mexico

Status: Action postponed indefinitely (June 3, 2025)
Introduced: February 10, 2025 (per LFC fiscal note)
Primary sponsors (per fiscal note): Representatives Lord, Block, Duncan
Analyst: LFC — Dinces

Purpose / Intent

HJR 6 proposes a constitutional amendment (to Article 20 of the New Mexico Constitution) to create a statewide recall mechanism by which registered electors may petition to remove an incumbent elected official who holds a constitutionally created executive or legislative office. The amendment would add voter-initiated recall as an additional removal option alongside existing mechanisms (impeachment, legislative expulsion).

Key provisions (as described in fiscal note)

  • Authorizes registered, qualified electors to petition for the recall of an incumbent elected to a constitutionally created office in the executive or legislative branches of state government.
  • Recall petitions must cite the grounds for recall, limited to acts, failures to act, or violations of the oath of office that occurred during the current term of the official sought to be recalled.
  • Establishes a process and criteria for recall petitions, signature thresholds, and election procedures for both the recall question and the election of a replacement candidate.
  • Provides that the proposed constitutional amendment must be put before voters at the next general election (November 2026) or at an earlier special election called for that purpose; it would take effect only if approved by voters.
  • Leaves existing constitutional removal mechanisms (impeachment for executive/judicial officers; legislative expulsion for legislators) intact; HJR 6 would be an additional removal path.
  • The resolution, as drafted, makes voters the exclusive judges of the sufficiency of recall grounds (limiting judicial review of substantive sufficiency), though procedural aspects (signature verification, deadlines, administration) may still be subject to legal challenge.

Who would be affected

  • Incumbent statewide and legislative officers elected to constitutionally created offices (subject to recall under the amendment).
  • New Mexico voters (gain a recall mechanism; also subject to ballot decisions and potential recall elections).
  • Secretary of State and county election offices (administration, petition verification, and possible special elections).
  • State Legislature (may need to pass enabling legislation to adapt the Recall Act and election code to the new constitutional provision).

Fiscal and administrative impact

  • Ballot/pamphlet costs: Under state law (Section 1‑16‑4 NMSA 1978), the Secretary of State must print amendment materials in English and Spanish. LFC estimates $35,000–$50,000 per constitutional amendment for publication and ballot adjustments (non‑recurring).
  • Election costs: If a statewide recall election is required as a special election, costs could be substantial — LFC cites recent statewide primary/general election costs at roughly $14 million as a reference. Recall of a single legislative seat would be much lower but variable by county (county reimbursements in prior elections ranged ~$18,000 to $2.3 million).
  • Administrative: Secretary of State workload would increase if petitions are filed (petition review, certification, election administration). Enabling statutory changes to the Recall Act (Chapter 1, Article 25 NMSA 1978) would be necessary if amendment is approved.

Significant issues and commentary

  • National context: 19 states allow statewide recall of officers; recalls are relatively rare but can be costly and politically disruptive.
  • Advantages cited: provides voters an additional tool to hold officials accountable between regular elections.
  • Drawbacks cited: potential for abuse by well‑funded interests, undermining stability of governance, and increasing administrative burden.
  • Technical note: The draft uses the term “registered qualified elector,” which is not defined in the Election Code; the SOS recommends use of the defined term “voter.”

Next steps / Timeline

  • HJR 6, if advanced, would be submitted to voters at the next general election (Nov 2026) or a special election prior to that date. The joint resolution itself does not create recall rules — enabling legislation and administrative rules would be required if voters approve the amendment.

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

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