Judge tosses 10 vetoes, says gov. failed to follow rules
Martinez lawyer may appeal, try to keep bills from becoming law
SANTA FE — Bills dealing with industrial hemp, expanded broadband access and having computer science count as a high school math and science requirement are on track to hit New Mexico’s books, despite being vetoed in March by Gov. Susana Martinez.
That’s because District Judge Sarah Singleton ruled Friday that the governor did not follow proper constitutional procedures in vetoing 10 bills — either by taking too long to act or not providing an explanation with each vetoed piece of legislation.
A group of top-ranking lawmakers filed a lawsuit over the 10 vetoed bills in June, after a contentious 60-day legislative session in which the Dem-
ocratic-controlled Legislature sparred frequently with the two-term Republican governor about budgetary matters.
House Speaker Brian Egolf, D-Santa Fe, who attended Friday’s court hearing, called the ruling a “win” for New Mexico farmers and schoolchildren, while downplaying the lawsuit’s political undertones.
“It’s about defending the Constitution,” Egolf told reporters. “I don’t think of it as a fight between political people.”
However, a Martinez spokesman blasted leading lawmakers — without naming names — for spearheading the lawsuit instead of trying to override the governor’s vetoes.
“We’re disappointed in this decision because there is no question the governor vetoed these bills,” Martinez spokesman Joseph Cueto said. “It’s telling how some in the Legislature love running to the courts when they don’t have the support to override a veto.”
In her Friday ruling, the judge directed Secretary of State Maggie Toulouse Oliver to chapter the 10 bills in question into law after attorneys in the case get court transcripts and submit a written order. That means the bills would likely not take effect for at least three more weeks.
However, Paul Kennedy, an Albuquerque attorney representing Martinez on contract, indicated he might seek to stop the bills from becoming law so that a possible appeal could be filed. It would then be up to the judge to decide whether the bills should take effect before such an appeal could be heard.
Senate President Pro Tem Mary Kay Papen, D-Las Cruces, called on the governor to forgo an appeal.
“We urge Gov. Martinez to accept the court’s decision and allow the people of New Mexico to move on,” Papen said in a statement after Friday’s ruling.
Other lawmakers also weighed in after news of the judge’s ruling circulated, with some taking to social media to express their thoughts.
Although most of the 10 bills were not high-profile in nature — five of them passed both legislative chambers without a single “no” vote — they could have big effects if enacted.
Two bills dealing with industrial hemp, for instance, would add New Mexico to a list of at least 30 other states that have passed laws related to cultivation of the crop, which can be used in fibers, textiles, insulation materials and animal food.
Martinez has vetoed several industrial hemp bills in the past two years, and she said in a 2015 veto message that allowing industrial hemp cultivation would create contradictions between state and federal law and complicate the job of law enforcement officers.
But Rep. Bealquin “Bill” Gomez, D-La Mesa, who sponsored one of this year’s vetoed bills, said enacting the legislation would actually benefit New Mexico’s agricultural sector and give farmers and researchers access to a “billion-dollar market that’s been experiencing tremendous growth nationwide.”
Meanwhile, the ruling could also set a legal precedent in New Mexico.
Although Martinez’s attorneys had argued that the state Constitution does not literally require her to provide an explanation for every piece of vetoed legislation, Singleton ruled to the contrary.
She said constitutional language requiring that a vetoed bill be returned to the Legislature with an objection must be strictly followed due to New Mexico’s short and often chaotic legislative sessions.
“To me, this section (of the Constitution) sets up a procedure that is mandatory and that must be followed,” Singleton said.
The court challenge was authorized in April in a closed-door vote by the Legislative Council, a group of leading legislators from both political parties. However, top GOP lawmakers have been largely silent about the effort.
In all, Martinez vetoed 145 bills passed during this year’s regular session — or roughly 52 percent of the bills approved by lawmakers. The veto rate was the highest of the governor’s tenure, which started in 2011.