New Mexico voters will decide in 2026 whether to amend the state constitution so that bills automatically become law if the governor does not sign or veto them within the required timeframe. Currently, the governor has the power to pocket veto legislation, which means that any bill not signed within the required timeframe is effectively vetoed by the governor. Currently, New Mexico is one of 13 states that allow for pocket vetoes:
- Alabama
- Delaware
- Iowa
- Maine
- Massachusetts
- Michigan
- Minnesota
- New Hampshire
- New Mexico
- New York
- Oklahoma
- Vermont
- Wisconsin
The constitutional amendment would also require the governor to provide a substantive explanation for vetoes to the state legislature, regardless of whether it is in session. Currently, the governor is only required to provide an explanation while the legislature is in session.
In New Mexico, the governor has three days upon receiving the approved bill to sign or veto it during the legislative session. The governor has 20 days to act on bills presented during the last three days of the session. If the governor vetoes a bill, the state legislature can override the veto with a two-thirds supermajority vote during the special or next legislative session.
A simple majority vote is required during one legislative session for the New Mexico State Legislature to place a constitutional amendment on the ballot. The amendment was introduced as House Joint Resolution 2 (HJR 2) on Jan. 22. It passed in the state House by a vote of 66-0 with four absent or excused on Feb. 27. The state Senate approved it by a vote of 38-0 with four absent or excused on March 13.
Sen. Joseph Cervantes (D-31), one of the sponsors of the amendment, said, “[The amendment] empowers us and gives us the opportunity to do a better job of trying to overcome that veto in a later session, and ultimately, that should be part of good government.”
Kyle Duffy, deputy general counsel for Gov. Michelle Lujan Grisham (D), said, “This is ill advised, as there may be number of reasons for a governor to choose to pocket veto a bill rather than formally veto it. For example, the pocket veto allows the Governor to disapprove of legislation based on unforeseen issues without being compelled to publicly disclose sensitive information in a veto message. The pocket veto also serves the vital purpose of ensuring that the Governor has a suitable opportunity to consider the bills presented to him or her in the final days of a session—many of which are lengthy and complex.”
This is the first amendment to be certified for the ballot in New Mexico for 2026. Between 1993 and 2024, an average of four measures appeared on statewide ballots in New Mexico.