Just Say NO, Leave the Constitution Alone

The New Mexico Constitution is designed to provide a stable, enduring framework for governance, addressing only fundamental issues and rights. However, amendments to the constitution are proposed every single election. Usually, the amendments are confusing and there is little or no information available about what they mean or what impact they will have. Making constant amendments to New Mexico’s fundamental law cheapen its meaning. Especially when the legislature is easily able to enact the same changes using the statutory process, which always includes debate and public comment. Public discussion of changes to the law is always healthy for making good decisions and keeping the public informed.

Voters will be asked to consider four amendments this election. I will be voting against all four of them.

Amendment 1 – Veterans’ Property Tax Exemption:

This amendment proposes extending property tax exemptions to veterans who are less than 100% disabled, as well as to their widows or widowers, in proportion to their disability rating.

Amendment 2 – Increased Property Tax Exemption for Veterans:

Amendment 2 proposes increasing the property tax exemption for honorably discharged veterans from $4,000 to $10,000, with adjustments for inflation.

As a disclosure, I am a veteran. I served with the 2291st US Army Hospital as a reservist for five years, allowing me to view this amendment from a veteran’s perspective. I will be voting against them for the following reasons:

• Concerns Over Special Laws: Article IV, Section 24 of the New Mexico Constitution prohibits the passage of laws that favor specific groups when a general law could suffice. By offering tax benefits specific to veterans, these amendments risk establishing “special laws.”
• Existing Statutory Relief Makes Amendment Unnecessary: New Mexico already offers significant property tax relief for disabled veterans through NMSA 1978, Section 7-37-5.1, which grants a complete exemption to 100% disabled veterans on their primary residences. This existing statute provides targeted assistance without the need to alter the constitution. Expanding eligibility could be addressed by amending the statute rather than embedding new provisions directly into the constitution, where they become rigid and difficult to adjust as needs change.
• Unfair Burden on Non-Veteran Taxpayers: While veterans deserve respect and support, these amendments would place an unfair financial burden on other taxpayers, who may see property tax increases to offset revenue losses. The amendment does not provide for compensation to counties and municipalities, which could face significant revenue shortfalls as a result.
• Federal Responsibility Over State Resources: Veterans’ benefits are largely a federal responsibility. Shifting this burden onto state resources risks diverting funds from other essential services. Additionally, incorporating specific financial relief for a defined group into the constitution could set a precedent for further special-interest amendments, potentially eroding the sanctity of the constitution and the state’s tax base.

Amendment 3 – Judicial Nominating Commission Designee: This amendment allows the dean of the University of New Mexico School of Law to delegate their role on the Judicial Nominating Commission.

• Undermining Accountability and Consistency: The role of the dean in the Judicial Nominating Commission was originally intended to ensure an unbiased, respected figure in judicial vetting. Allowing delegation dilutes this accountability, as the appointee may not have the same level of public recognition or commitment to neutrality, which could impact the quality and fairness of judicial appointments. Risk of Increased Political Bias: Given the perception of existing biases in the judiciary, particularly with judges associated with politically active groups like Emerge, this amendment could heighten concerns about impartiality. By permitting delegation, it adds another layer that could influence judicial appointments based on the designee’s affiliations, potentially undermining public trust in an already contentious area.

Amendment 4 – County Officers’ Salaries: This amendment shifts the authority to set county officials’ salaries from the state legislature to local boards of county commissioners.

• Potential for Conflicts of Interest: Allowing county commissioners to set their own salaries without state oversight raises serious concerns about conflicts of interest and potential corruption. Without uniform standards, commissioners could prioritize personal financial gain over public service. The public continues to see excessive spending amid rising property tax assessments and proposed bonds despite the financial struggles their constituents are experiencing.
• Loss of Statewide Uniformity and Accountability: The current system provides consistency across counties by linking salaries to county classifications, ensuring fairness based on size and economic conditions. Removing this oversight could lead to significant disparities, with some counties awarding inflated salaries and others offering inadequate compensation, ultimately undermining public confidence in local governance and contributing to inequities between counties.

The Importance of Constitutional Integrity

The New Mexico Constitution was designed to be an enduring document, outlining fundamental governance principles rather than addressing specific policy issues. By embedding policies that could be handled through regular statutes, these amendments risk transforming the constitution into a document burdened by short-term interests and narrowly defined benefits. This is not only contrary to the document’s purpose but also risks undermining its stability and authority over time.

Moreover, each of these amendments could open the door to further changes that dilute the constitution’s foundational role. If policies like tax relief, judicial appointments, and local salary determinations are embedded in the constitution, it becomes harder to adjust to changing circumstances. Statutory law, on the other hand, allows for more flexibility, enabling New Mexico to respond to evolving needs without the complications of constitutional amendments.

As New Mexicans consider these amendments, it’s important to reflect on whether they belong in the constitution at all. By protecting the constitution from frequent policy-driven amendments, we preserve its integrity as a document that stands the test of time, guiding governance for generations to come. The constitution should remain a statement of enduring principles, not a patchwork of specific benefits that could be better handled through the legislative process.