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New Mexico voters to decide amendment establishing legislative salaries in 2026; state currently only one without legislator salaries


New Mexico voters will decide on a constitutional amendment on Nov. 3, 2026, that would establish a salary for state legislators based on the state’s annual median household income.

The amendment, House Joint Resolution 5 (HJR 5), was introduced in the New Mexico House of Representatives by Rep. Cristina Parajon (D). On February 13, HJR 5 passed the House by 41-26, and on February 17, the Senate approved the amendment by 23-19. Constitutional amendments do not need the governor’s signature to be referred to the ballot.

New Mexico is the only U.S. state where legislators receive no salary. Salaries of state legislators vary by state. In 2025, the average annual base salary for a state legislator is $47,904. New York has the highest legislator salary at $142,000 per year, while New Hampshire has the lowest, at $100 a year. State legislators may also receive a per diem or mileage reimbursement, depending on the state. In New Mexico, state legislators receive a per diem of $202 a day during sessions or interim meetings, intended to cover food and lodging expenses.

This amendment would set the state legislative salary in New Mexico to be equal to the state’s median household income. Currently, this is estimated to be $67,800. For the salaries of 112 legislators, this would cost about $7.6 million.

In support of the amendment, Sen. Angel Charley (D) and Sen. Cindy Nava (D) said that establishing a legislator's salary would allow for more New Mexicans to serve. Sen. Charley said, “Can a young leader with student debt and multiple jobs say yes to public service? When representation narrows, democracy shrinks.”

Sen. Larry Scott (R), who opposed the amendment, said, “If this was a private sector organization with this track record, we’d all be fired.”

New Mexico voters last decided on an amendment related to legislator salaries in 1990, which would have increased the legislative per diem and provided a monthly salary. This amendment was rejected, with 74.8% voting against and 25.2% voting in favor.

This amendment will join three other measures on the Nov. 3, 2026, ballot—an amendment that would eliminate the gubernatorial pocket veto, an amendment that would provide that school elections will no longer be required to be separate from partisan elections, and another that would make changes to appointments to the Board of Regents.