Constitution of New Mexico (2025 publisher edition) — ARTICLE V

Publisher edition notice: This collection preserves the complete Secretary of State's 2025 compilation, identifying amendments through 2024, including the publisher's source notes and annotations. Later amendments have not been independently verified.

ARTICLE V

ARTICLE V Executive Department Sec. 1. Composition of department; terms of office of members; residing and maintaining records at seat of government. 2. Canvass of elections; tie votes. 3. Qualifications of executive officers. 4. Governor's executive power; commander of militia. 5. Governor's appointive and removal power; interim appointees. 6. Governor's power to pardon and reprieve. 7. Succession to governorship. 8. Lieutenant governor to be president of sen- ate. 9. Public accounts and reports. 10. State seal. 11. Commissions. 12. Compensation of executive officers. 13. Residence of public officers; election from equal districts. 14. State transportation commission. 15. Confirmation of cabinet secretaries. 16. Vacancy in the office of the lieutenant governor. 17. State ethics commission.

-- 50 of 216 --

47© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department Section 1. [Composition of department; terms of office of members; residing and maintaining records at seat of government.] The executive department shall consist of a governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general and commissioner of public lands, who shall, unless otherwise provided in the constitution of New Mexico, be elected for terms of four years beginning on the first day of January next after their election. The governor and lieutenant governor shall be elected jointly by the casting by each voter of a single vote applicable to both offices. Such officers shall, after having served two terms in a state office, be ineligible to hold that state office until one full term has intervened. The officers of the executive department, except the lieutenant governor, shall during their terms of office, reside and keep the public records, books, papers and seals of office at the seat of government. Upon the adoption of this amendment by the people, the terms provided for in this section shall apply to those officers elected

-- 51 of 216 --

48© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department at the general election in 1990 and all state executive officers elected thereafter. (As amended November 3, 1914, November 4, 1958, effective January 1, 1959, Novem- ber 6, 1962, November 3, 1970 and Novem- ber 4, 1986.) Sec. 2. [Canvass of elections; tie votes.] The returns of every election for state officers shall be sealed up and transmitted to the secretary of state, who, with the gov- ernor and chief justice, shall constitute the state canvassing board which shall canvass and declare the result of the election. The joint candidates having the highest number of votes cast for governor and lieutenant governor and the person having the high- est number of votes for any other office, as shown by said returns, shall be declared duly elected. If two or more have an equal, and the highest, number of votes for the same office or offices, one of them, or any two for whom joint votes were cast for gov- ernor and lieutenant governor respectively, shall be chosen therefor by the legislature on joint ballot. (As amended November 6, 1962.)

-- 52 of 216 --

49© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department Sec. 3. [Qualifications of executive officers.] No person shall be eligible to any office specified in Section One, hereof, unless he be a citizen of the United States, at least thirty years of age, nor unless he shall have resided continuously in New Mexico for five years next preceding his election; nor to the office of attorney general, unless he be a licensed attorney of the supreme court of New Mexico in good standing; nor to the office of superintendent of public instruc- tion unless he be a trained and experienced educator. Sec. 4. [Governor's executive power; commander of militia.] The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully exe- cuted. He shall be commander in chief of the military forces of the state, except when they are called into the service of the United States. He shall have power to call out the militia to preserve the public peace, execute the laws, suppress insurrection and repel in- vasion.

-- 53 of 216 --

50© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department Sec. 5. [Governor's appointive and removal power; interim appointees.] The governor shall nominate and, by and with the consent of the senate, appoint all officers whose appointment or election is not otherwise provided for and may remove any officer appointed by him unless oth- erwise provided by law. Should a vacancy occur in any state office, except lieutenant governor and member of the legislature, the governor shall fill such office by appoint- ment, and such appointee shall hold office until the next general election, when his successor shall be chosen for the unexpired term. (As amended November 8, 1988.) Sec. 6. [Governor's power to pardon and reprieve.] Subject to such regulations as may be prescribed by law, the governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment. Sec. 7. [Succession to governorship.] If at the time fixed for the beginning of the term of the governor, the governor-elect

-- 54 of 216 --

51© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department shall have died, the lieutenant governor- elect shall become governor. If a governor shall not have been chosen before the time fixed for the beginning of his term, or if the governor-elect shall have failed to qualify, then the lieutenant governor-elect shall act as governor until a governor shall have qual- ified; and the legislature may by law provide for the case wherein neither a governor-elect nor a lieutenant governor-elect shall have qualified, declaring who shall then act as governor, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a governor or lieutenant governor shall have qualified. If after the governor-elect has qualified a vacancy occurs in the office of gover- nor, the lieutenant governor shall succeed to that office, and to all the powers, du- ties and emoluments thereof, provided he has by that time qualified for the office of lieutenant governor. In case the governor is absent from the state, or is for any reason unable to perform his duties, the lieutenant governor shall act as governor, with all the powers, duties and emoluments of that of- fice until such disability be removed. In case there is no lieutenant governor, or in case he is for any reason unable to perform

-- 55 of 216 --

52© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department the duties of governor, then the secretary of state shall perform the duties of governor, and, in case there is no secretary of state, then the president pro tempore of the sen- ate, or in case there is no president pro tem- pore of the senate, or he is for any reason unable to perform the duties of governor, then the speaker of the house shall succeed to the office of governor, or act as governor as hereinbefore provided. (As amended No- vember 2, 1948.) Sec. 8. [Lieutenant governor to be president of senate.] The lieutenant governor shall be presi- dent of the senate, but shall vote only when the senate is equally divided. Sec. 9. [Public accounts and reports.] Each officer of the executive depart- ment and of the public institutions of the state shall keep an account of all moneys received by him and make reports thereof to the governor under oath, annually, and at such other times as the governor may require, and shall, at least thirty days pre- ceding each regular session of the legisla- ture, make a full and complete report to the

-- 56 of 216 --

53© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department governor, who shall transmit the same to the legislature. Sec. 10. [State seal.] There shall be a state seal which shall be called the "Great Seal of the State of New Mexico," and shall be kept by the secretary of state. Sec. 11. [Commissions.] All commissions shall issue in the name of the state, be signed by the governor and attested by the secretary of state, who shall affix the state seal thereto. Sec. 12. [Compensation of executive officers.] The annual compensation to be paid to the officers mentioned in Section One of this article shall be as follows: governor, five thousand dollars [($5,000)]; secretary of state, three thousand dollars [($3,000)]; state auditor, three thousand dollars [($3,000)]; state treasurer, three thousand dollars [($3,000)]; attorney general, four thousand dollars [($4,000)]; superintendent of public instruction, three thousand dol-

-- 57 of 216 --

54© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department lars [$3,000)]; and commissioner of public lands, three thousand dollars [($3,000)]; which compensation shall be paid to the respective officers in equal quarterly pay- ments. The lieutenant governor shall receive ten dollars [($10.00)] per diem while acting as presiding officer of the senate, and mileage at the same rate as a state senator. The compensation herein fixed shall be full payment for all services rendered by said officers and they shall receive no other fees or compensation whatsoever. The compensation of any of said officers may be increased or decreased by law after the expiration of ten years from the date of the admission of New Mexico as a state. Sec. 13. [Residence of public officers; election from equal districts.] All district and municipal officers, county commissioners, school board members and municipal governing body members shall be residents of the political subdivision or district from which they are elected or for which they are appointed. Counties, school districts and munici- palities may be divided by their governing

-- 58 of 216 --

55© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department bodies into districts composed of popula- tions as nearly equal as practicable for the purpose of electing the members of the respective governing bodies. (As amended November 8, 1960 and November 4, 1986.) Sec. 14. [State transportation commission.] There is created a "state transportation commission". The members of the state transportation commission shall be ap- pointed, shall have such power and shall perform such duties as may be provided by law. Notwithstanding the provisions of Ar- ticle 5, Section 5 of the constitution of New Mexico, state transportation commissioners shall only be removed as provided by law. (As repealed and reenacted November 7, 1967; as amended November 5, 2002.) Sec. 15. [Confirmation of cabinet secretaries.] The heads of all cabinet-level depart- ments or agencies whose appointment is subject to confirmation by the senate shall be subject to confirmation or reconfirmation by the senate at the beginning of each term

-- 59 of 216 --

56© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department of a governor. (As added, November 4, 2008.) Sec. 16. [Vacancy in the office of the lieutenant governor.] Whenever there is a vacancy in the office of the lieutenant governor, the governor shall nominate a lieutenant governor who shall take office upon confirmation by a majority vote of all members elected to the senate and shall serve the remainder of the unexpired term. (As added November 4, 2008.) Sec. 17. [State ethics commission.] A. The "state ethics commission" is established as an independent state agency under the direction of seven commissioners, no more than three of whom may be mem- bers of the same political party, whose terms and qualifications shall be as provided by law. The governor shall appoint one com- missioner. One commissioner each shall be appointed by the president pro tempore of the senate, the minority floor leader of the senate, the speaker of the house of represen- tatives and the minority floor leader of the house of representatives, all as certified by

-- 60 of 216 --

57© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article V – Executive Department the chief clerks of the respective chambers. Two commissioners, who shall not be mem- bers of the same political party, shall be ap- pointed by the four legislatively appointed commissioners. B. The state ethics commission may initiate, receive, investigate and adjudicate complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements, as may be provided by law, for state officers and employees of the executive and legis- lative branches of government, candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts and have such other jurisdiction as provided by law. C. The state ethics commission may require the attendance of witnesses or the production of records and other evidence relevant to an investigation by subpoena as provided by law and shall have such other powers and duties and administer or en- force such other acts as further provided by law. (As added November 6, 2018.)

-- 61 of 216 --

58© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article VI – Judicial Department