Opinion | SB 218—New Mexico’s Promise Made, Promise Broken

New Mexico’s municipalities were promised control, now the state is attempting to back out of that promise. In 2018, the Legislature passed House Bill 98, the Local Election Act, giving towns like Rio Rancho and Bernalillo the right to opt out of consolidated November elections. “A municipality may conduct its municipal officers election independent of the regular local election,” it declared (HB 98, page 22 – 23). A year later, House Bill 407 locked it in: “A municipality that has an election resolution or ordinance… requiring identification of voters… may continue to require identification” (HB 407, page 187-188). That was gold for Rio Rancho, where Proposition 6 in 2012 wrote voter ID into our charter—a choice rooted in trust. It was all backed by Article X, Section 6 of our Constitution, promising home rule since 1970. Senate Bill 218 smashes that pledge to bits, and the Secretary of State’s office is holding the hammer.

As a refresher, Home Rule in New Mexico means cities and towns can govern themselves on local matters without needing constant approval from the state Legislature. Article X, Section 6, adopted in 1970, lets municipalities with over 300 people adopt a charter – a kind of local constitution-giving them power over things like elections, taxes, and services, as long as their rules don’t clash with state laws or the Constitution. It’s about keeping local decisions in local hands, not Santa Fe’s.

The betrayal cuts deep. SB 218 repeals existing opt-out lifeline law, shoving all 106 municipalities into November elections. For Rio Rancho, it’s a death knell—voter ID, protected by HB 407’s Subsection C, vanishes. No discussion, no vote. Secretary Maggie Toulouse Oliver justifies it with a shrug: six holdouts cost too much (hearing transcript,). Senator Jay Block demanded, “How many municipalities from New Mexico run their own elections? Which ones reached out saying, ‘our elections cost too much’?” Crickets. She couldn’t name one.

This isn’t streamlining, it’s constitutional mugging. Article X, Section 6 says municipalities govern unless state law directly conflicts, and Article IV, Section 24, forbids Santa Fe from meddling in local charters with special laws. HB 98 and HB 407 honored that deal after Governor Susana Martinez axed a 2017 consolidation push to shield voter ID. Now, SB 218’s sponsors—led by Senator Katy Duhigg—torch it. At the February 12 Senate Rules hearing, Mayor Jack Torres of Bernalillo pleaded, “We spoke to our residents… unanimously agreed to stay with the March elections… It’s a small election… our concerns were, we know our community”. Mayor Greg Hull fought for Rio Rancho’s charter too. Duhigg’s response? “We’re not going to go back to public comments… everyone is expected to conform equally to our procedures”. Gavel down—mayors out.

The Legislature swore in 2018 and 2019 to respect local voices. The Clerks Association, bipartisan and unanimous, opposes SB 218—silenced. Senator David Gallegos moved to save 1-22-3.1, “Strike… repealing… 1-22-3.1 NMSA 1978” — Senator Berghams stated, “that’s an unfriendly amendment”. After debate, it was shot down. Toulouse Oliver spins it as “efficiency”, but where’s the proof? “We’re at a tipping point,” she claimed, dodging Block’s question: “Who from your office has coordinated… with Rio Rancho… to get that buy-in?” Nothing.

Promises made, promises broken. Six years ago, New Mexicans trusted Santa Fe to let us breathe—HB 98 and HB 407 were their word. SB 218 proves it’s worthless. Rio Rancho loses voter ID, a security we demanded. Bernalillo’s small-town ballot drowns in November’s mess. This isn’t progress; it’s a power grab, spitting on our Constitution and our communities. We need to stop this bill, or watch Santa Fe bury the freedom they swore to protect. Call your Senators and Representatives today.