A New Mexico constitutional amendment could make it the 38th state without a pocket veto

By

Briana Ryan

Welcome to the Friday, March 21, Brew. 

By: Briana Ryan

Correction: In the March 19 Brew, we said that Congress had passed two resolutions of disapproval nullifying Biden-era federal agency rules on environment and energy but that Trump had not signed them yet as of March 17. Trump signed both resolutions on March 14.

Here’s what’s in store for you as you start your day:

  1. A New Mexico constitutional amendment could make it the 38th state without a pocket veto
  2. Two candidates are running in the general election for Wisconsin’s Superintendent of Public Instruction on April 1
  3. Did you know that eight governors left office early between 2012 and 2024?

A New Mexico constitutional amendment could make it the 38th state without a pocket veto

On Nov. 3, 2026, New Mexico voters will decide on a constitutional amendment that would require bills to automatically become law if the governor does not sign or veto them within the required timeframe. New Mexico is one of 13 states where the governor has the power to pocket veto legislation, which means that the governor effectively vetoes any bill not signed within the required timeframe.

In New Mexico, the governor has three days after receiving an 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 New Mexico Legislature can override the veto with a two-thirds supermajority vote during the special or next legislative session.

The amendment would also require the governor to provide the Legislature with a substantive explanation for a veto, regardless of whether it is in session. Currently, the governor is only required to give an explanation while the Legislature is in session.

On Feb. 27, the New Mexico House of Representatives approved House Joint Resolution 2 (HJR 2)—the bill to put the amendment on the ballot—66-0. On March 13, the New Mexico Senate approved the bill 38-0.

Sen. Joseph Cervantes (D), who sponsored 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 [a] 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.”

The chart below shows how many direct and pocket vetoes Grisham has issued since assuming office in 2019.

This amendment is the first to be certified for the 2026 ballot in New Mexico. Between 1993 and 2024, 133 ballot measures appeared on the statewide ballot in New Mexico. Voters approved 111 of those measures and defeated 22.

To read more about this amendment, click here.

Two candidates are running in the general election for Wisconsin’s Superintendent of Public Instruction on April 1

In the March 18 Daily Brew, we told you about the Wisconsin Supreme Court election. Today, we’ll give you the rundown on another statewide election happening in the Badger State—the race for superintendent of public instruction. The superintendent oversees and coordinates the state’s elementary and secondary schools. 

Incumbent Jill Underly and Brittany Kinser are running in the April 1 general election. Adrianne Melby is also running as a write-in candidate.

PBS Wisconsin’s Steven Potter wrote, “Among the top issues that have emerged in the race are how the candidates would work to secure school funding from the Republican-controlled Wisconsin Legislature, which is unlikely to support increases, as well as racial achievement gaps between students, and determining the best measurements to rate student progress.”

Although the superintendent position is officially nonpartisan, the state’s Democratic Party has endorsed Underly, and the Republican Party has endorsed Kinser. Now, let’s take a closer look at the candidates.

Underly was first elected in 2021, defeating Deborah Kerr 57.6% to 42.3%. She previously worked as an elementary school principal, a middle and high school teacher, a school district superintendent, and an assistant director at the Wisconsin Department of Public Instruction. Underly is campaigning on requesting more funding for state schools from the Wisconsin Legislature, saying, “Our state has been underfunding schools for a long time, and we need to make the necessary investments so Wisconsin kids get a great education, and are able to compete in the global economy.” Underly also said she supports “additional funding to look at programs like teacher apprenticeship, look at things like grow your own programs, which are taking adults who may be already working [in] your school but aren’t licensed as teachers and investing in them.”

Kinser is an education consultant, a former special education teacher, and a nonprofit executive. She said she would work to change the state’s curriculum: “We must prioritize reading, writing, math and science to provide the foundation for meaningful careers and a bright future.” Kinser also said she wants to ensure more transparency about where school funds are spent: “I’ve said this to superintendents. ‘Where is the money going?’ We should see that as going into the classroom, and supporting our teachers…If [schools] are spending a ton of money on the district level or bureaucracy, you’ve got to find a way to get that back into the classroom.”

According to some analysts, the state’s supreme court election, which is happening on the same day, could affect the superintendent race. The Downballot’s David Nir and Jeff Singer wrote that this year would be “the first time since 2013 that the state will hold simultaneous contested elections for both posts… It’s likely, then, that if [Susan] Crawford prevails, Underly will have a strong shot at a second term while a victory for [Brad] Schimel would boost Kinser.”

Although the official title varies by state, all 50 states have a superintendent of schools. The superintendent is an elected position in 12 states and an appointed position in 38.

To read more about the general election, click here.

Did you know that eight governors left office early between 2012 and 2024? 

Hundreds of state executive officials, ranging from attorneys general to treasurers and beyond, have resigned, died, or ascended to a higher office between those years. But for governors, irregular office changes—our term for when an officeholder leaves before their time in office officially concludes—are relatively infrequent. 

The last year governors left office early was 2021 when New York Gov. Andrew Cuomo (D) resigned and Rhode Island Gov. Gina Raimondo (D) was sworn in as the U.S. secretary of commerce. The year with the most gubernatorial irregular office changes was 2017:

Explore our data on state executive vacancies here.