Constitutional Amendment 2 - Amendment Non-Statewide Office Holder Elections

Summary

This measure amends the New Mexico Constitution to allow for laws that adjust the date of election and term lengths for non-statewide officeholders, in order to balance the number of offices appearing on the presidential and gubernatorial general election ballots. Any such adjustment shall require a legislative finding that the adjustment is to provide for consistency in the timing of elections for that office or to balance the number of offices appearing on the ballot.

A "yes" vote on this amendment is a vote to allow for laws that adjust the date of election and term lengths for non-statewide officeholders.

A "no" vote on this amendment is a vote to against laws that adjust the date of election and term lengths for non-statewide officeholders, thereby blocking the state legislature from altering established election dates and terms of non-statewide officeholders.

Arguments

"Provides the legislature with the constitutional authority to ensure uniformity of elections and balance the number of offices on the ballot. This constitutional amendment is a natural and necessary extension of the legislature's intent demonstrated by the passage of House Bill 407 (2019). This law changed and updated numerous provisions throughout the Election Code to standardize the election dates for certain elected officials and balance out the number of county and district officers on the ballot in any given election year. In a legal case that followed the passage of this law, the New Mexico Supreme Court ultimately held, in part, that if the legislature wishes to alter the election dates of officers whose terms are enumerated in the constitution for the purpose of ensuring uniformity, this must be first permitted through a constitutional amendment. This amendment would effectively amend the Constitution of New Mexico to allow for the enforcement of those statutory provisions.", in support of Constitutional Amendment 2 (Learn more)

"Provides the legislature with a tool to address election cycle concerns without requiring individual constitutional amendments for each office. Without this constitutional amendment, if the legislature determines that it is necessary to change the election cycle in which a state, county or district officer is elected to provide for consistency in the timing of elections for that office or to balance the number of offices appearing on the ballot, the legislature must first pass and the voters must adopt a constitutional amendment for each relevant office. The legislature is prohibited from extending or shortening the terms of constitutional officers to stagger or align them on the same ballot in the same election year without a constitutional amendment being presented to and adopted by the voters. If stand-alone constitutional amendments must be adopted to address these election cycle concerns, the one-time adjustments to the terms of individual offices in the constitution will clutter the constitution with provisions that are temporal in nature, which is antithetical to the enduring nature of constitutions. This proposed constitutional amendment, however, would allow the legislature to adjust the number of offices on the presidential or gubernatorial general election ballot without needing to propose a constitutional amendment for each relevant office, thus allowing the legislature to expediently address these election concerns when they arise and preventing the constitution from being filled with temporary provisions.", in support of Constitutional Amendment 2 (Learn more)

"Includes protections against legislative overreach in amending terms of certain elected officers. The proposed amendment protects against legislative overreach in arbitrarily changing the terms of certain elected officers by requiring the legislature to adopt specific legislative findings supporting an adjustment. In order for the legislature to make an adjustment, the legislature must find that the adjustment is necessary for consistency in the timing of elections for that office or to balance the number of offices appearing on the ballot. This requirement is unique and requires a level of deliberateness and intention by the legislature. The proposed amendment also limits the reach of any law by limiting a one-time adjustment to two years. This limitation effectively adjusts a term no more than necessary to accomplish the desired alignment. Further, persons elected to affected offices are protected and not penalized. In running for a second term for an office, if the person's first term is extended, the extended term is only to be counted as one term, and a shortened term is not to be considered a term for the purposes of any limitation on the number of terms an officer may serve.", in support of Constitutional Amendment 2 (Learn more)

"Addresses election cycle issues and increases efficiency. Balancing the number of contests appearing on a ballot during alternating election cycles and implementing a standardized start date for all newly elected officers may help alleviate issues created by an overloaded or long ballot and increase efficiency in the state's administration of elections and training. An overloaded or long ballot may result in longer lines at the ballot box and voter fatigue when there are "too many" offices up for grabs. A more balanced ballot could provide voters with a better opportunity to educate themselves about the candidates and their positions, and therefore make more informed choices. A balanced ballot could also create the perception among voters that there is an equal number of important races during alternating election cycles, thereby increasing voter turnout. In addition, balancing the number of contests appearing on a ballot between election cycles and implementing a standardized start date for all newly elected officers may increase efficiency by allowing the state to plan for, organize and carry out the election and training of statewide and nonstatewide officers at the same time." , in support of Constitutional Amendment 2 (Learn more)

"Expands the legislature's constitutional power over election policy and requires use of legislative findings that are not typical of constitutional provisions. The proposed amendment expands the legislature's constitutional power over election policy issues and could be legally challenged. It requires a legislative finding that an adjustment is necessary "to provide for consistency in the timing of elections for that office or to balance the number of offices appearing on the ballot". While this provides some guidance, it may allow the legislature to amend terms for other reasons as long as the finding states that it is meant to provide for consistency or balance. This possibility for other motivating reasons demonstrates that the finding requirement may not be as exacting as it may appear. Furthermore, this finding requirement does not exist in any other provision of the Constitution of New Mexico and is generally at odds with legislative style.", in opposition to Constitutional Amendment 2 (Learn more)

"May not be narrowly tailored to address the problem the proposed constitutional amendment is trying to solve. There are a small number of state, county and district positions throughout the state that may need to be aligned on the same ballot or staggered in different election cycles. The proposed constitutional amendment may be overly broad and not sufficiently tailored to address the problem it is trying to solve. The constitutional amendment does not address only those offices that are in need of being aligned or staggered on the presidential or gubernatorial general election ballots, but it gives the legislature broad discretion to change the election cycle in which a state, county or district officer is elected, provided that the legislature includes the required finding in the legislation that adjusts the election cycles.", in opposition to Constitutional Amendment 2 (Learn more)

"Shortening or lengthening of terms may be inequitable. As a result of this amendment, some incumbent officeholders will gain an extra two years in office, while others will serve terms that expire two years early for reasons unrelated to their performance. Incumbents seeking reelection after a shortened term could be disadvantaged by the adjustment because they will have had only two years in office to accomplish their goals, gain constituent support and prepare for a reelection campaign. Additionally, during the period when election cycles are being synchronized, term limits will not apply to the affected offices. At the time of an election, voters elect candidates and candidates run for office with the expectation that the winner will serve a four-year term and that term limits will apply. Whether an incumbent's term is shortened or extended, the end result may implicate the democratic process and may be inequitable to both voters and officeholders because it occurs retroactively after the officer has been elected. This amendment may undermine their expectations and act against their interests.", in opposition to Constitutional Amendment 2 (Learn more)

"Benefits to voters are unclear. Proposed changes to election policy require careful scrutiny; in particular, assessing whether and how the changes would affect voters' ability to participate in the election process. This amendment does not provide any clear benefit to voters. Whether all New Mexico voters are scheduled to vote for their county or district officers during the same election cycle serves no purpose for voters. The residents of a county or a district are the only voters who are eligible to participate in an election for officers of the county or district, and are, therefore, unaffected by the outcomes of corresponding contests held in other parts of the state. Without evidence that the existing election cycle distribution burdens voters, there is no clear justification for a constitutional amendment that would allow a change to the status quo.", in opposition to Constitutional Amendment 2 (Learn more)

Measure Details