SANTA FE – Gov. Michelle Lujan Grisham on Friday afternoon signed into law three measures approved in the recently concluded special session she convened to address the state budget as well as the public health, economic and human rights emergencies exacerbated by the global pandemic.
The New Mexico Legislature delivered eight pieces of legislation to the governor’s desk. On Friday the governor signed House Bill 5, Senate Bill 4 and Senate Bill 5.
CIVIL RIGHTS
House Bill 5 establishes the New Mexico Civil Rights Commission, a bipartisan nine-member body. The commission will evaluate and make recommendations about the creation of a civil right of action for violations of state constitutional rights, and, in light of an ongoing national reckoning on unnecessary excessive force by police officers, will also review the use of qualified immunity as a defense to liability by an employee of a public body. Under the law, the commission will submit a report to the Courts, Corrections and Justice Committee by November 15.
Six members of the commission will be appointed by the New Mexico Legislative Council; three will be appointed by the governor. No more than five members may be of the same political party. At least one member must have law enforcement experience. Geographic, gender, cultural and racial diversity must be considered in the appointment of members.
The legislation was sponsored by House Speaker Brian Egolf, Sen. Jerry Ortiz y Pino and Rep. Karen Bash. The bill was approved with bipartisan support in both chambers.
“Our communities are marching to demand changes that rethink policing,” said Speaker Egolf. “With the creation of a New Mexico Civil Rights Commission, we’ll begin making real steps toward a future when violations of civil rights result in swift and certain consequences. I thank Governor Michelle Lujan Grisham for seeing the need to take action, and the bipartisan support this common-sense legislation brought forward.”
ELECTIONS
Senate Bill 4 is an important measure designed to mitigate the potential impact of the COVID-19 pandemic on the 2020 general election in New Mexico and provide for the secure and expeditious conduct of absentee voting this fall.
Under the new law, county clerks may automatically mail applications for absentee ballots to each mailable voter in the county, among other provisions. The bill also accommodates the secretary of health and secretary of state requiring additional provisions for voting-by-mail should they be warranted by emergent public health conditions. The legislation additionally protects the voting rights of New Mexico pueblos and tribes by ensuring polling places will not be closed or consolidated without the written agreement of the nation.
The legislation was sponsored by Sen. Daniel Ivey-Soto, Sen. Gabriel Ramos, Rep. Linda Trujillo and Rep. D. Wonda Johnson. The bill passed the state Senate with overwhelming bipartisan support.
“As we prepare for the 2020 general election and given the current public health uncertainties, the purpose of this bill is to ensure that all voters will be able to cast their ballots safely, timely, and securely – whether voting in person or by mail,” said Sen. Ivey-Soto. “I’d like to thank Governor Lujan Grisham for including this on the call for the special session and thank the overwhelming majority of senators from both parties who voted to pass this legislation.”
“This November’s elections will be safe and accessible, amidst a global pandemic, in large part due to the passage of this legislation,” said Rep. Trujillo. “The COVID-19 crisis has created many challenges, but voting should not be one of them. I thank the governor for her support in safeguarding our state’s elections.”
SOLVENCY
Senate Bill 5 is an important solvency measure that reverts unencumbered state appropriations to the general fund and authorizes the issuance of several short-term bonds as part of a comprehensive effort to stabilize state finances in light of the global economic upheaval caused by the COVID-19 pandemic.
The legislation was sponsored by Sen. George Muñoz and Sen. Stuart Ingle. The bill was approved with overwhelming bipartisan support in both chambers.
“Righting the budget in the midst of unprecedented hardship stemming from this pandemic meant we had to make hard choices,” said Sen. Muñoz. “The measures in SB5 will help put existing money where it is most needed today without having to make more painful cuts to critical programs, and help us bridge the deep fiscal gap facing us in the months and years ahead.”
“This budget fix was able to get us out of some hot water for the time being without having to raise taxes,” said Sen. Ingle. “But New Mexicans need to understand that the budget solution used one-time money. The state won’t be out of financial danger until the economy picks up substantially and tax dollars come into the state coffers on a regular basis. We came together to modify the budget during the special session. We need to continue working together come January when we expect to face continued uncertainty that will need a lasting solution to help the economy.”
Governor issues executive clemency to 19 individuals
SANTA FE – Gov. Michelle Lujan Grisham on Friday issued the first pardons of her administration, invoking her power of executive clemency for 19 individuals convicted of crimes in New Mexico, the overwhelming majority of whom were guilty of a non-violent offense.
These are the first pardons issued in the state since 2012, according to reporting by New Mexico In Depth.
The forgiven offenses committed by the individuals included forgery, drug possession, burglary, larceny, issuing a worthless check and conspiracy, among others. All of the offenses were at least a decade old, the most recent having occurred in 2007; some dated back several decades.
The majority of the applicants provided clemency by Gov. Lujan Grisham had also previously applied for pardons under the previous administrations of Susana Martinez or Bill Richardson.
“The power of executive clemency is an exercise in compassion,” said Gov. Lujan Grisham. “Each of us, in our own way, in our own lives, has the obligation to find forgiveness in our hearts for those individuals who have paid their debts, who have expressed genuine contrition and made sincere and forthright amends for their offenses. The governor’s power of executive clemency is an avenue for that exercise available to me, and I am humbled by the opportunity to deliver it. My administration will continue to evaluate all applicants in a responsible, methodical and even-handed manner.”
Article V, Section 6 of the New Mexico Constitution provides that the “governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment.” The governor’s decision to pardon is “unrestrained by any consideration other than the conscience and wisdom and the sense of public duty of the governor.”
The governor’s pardoning power extends to all offenses committed under state law other
than the offenses of impeachment and treason. The governor does not have authority to pardon convictions for violations of municipal ordinances or convictions from another jurisdiction, such as convictions from other states and convictions under federal law.
The governor’s pardon restores certain fundamental rights, such as the right to vote, the right to hold public office and other positions of public trust, and the right to bear arms.
The governor refers requests for executive clemency to the state Parole Board, which conducts investigations and provides non-binding recommendations. The Parole Board recommended clemency in each of the 19 cases.
Pardons are filed with the Office of the Secretary of State.
Those interested in applying for executive clemency may visit this website, download the administration’s guidelines for executive clemency here and download the application for executive clemency here.
