Override bid falters in House, Senate
One Republican, Rep. Maestas Barnes, votes with Dems, but attempt could preserve legal challenge
An attempt to override Gov. Susana Martinez’s vetoes of funding for all colleges, universities and the Legislature itself fizzled Wednesday when nearly all Republicans in the Senate and the House of Representatives stood by the Republican governor.
Though Democrats control both the House and the Senate, an override requires a two-thirds majority, which means Republican votes in both chambers were needed.
Even with the failed attempt, Senate Majority Leader Peter Wirth, D-Santa Fe, said lawmakers gained ground in their running battle with Martinez over whether her vetoes were constitutional. They sued her in the state Supreme Court, claiming she could not lawfully wipe out funding for another branch of government and colleges and universities that are integral to the state and established in the constitution.
But the Supreme Court declined to hear the case before the special session, saying legislators had options other than a lawsuit. One was trying to override Martinez’s actions. The attempt they made could preserve a legal challenge to Martinez’s vetoes.
Rep. Sarah Maestas Barnes of Albuquerque was the only Republican to vote to override Martinez’s vetoes. Immediately afterward, she answered “yes” when asked if it was a tough vote.
But, she later added, “I’m OK with it because when I was first elected to this position, I made a commitment that I would not advocate for a political agenda but do what I believed was in the interest of my constituents. … There were so many people really concerned that the higher education budget was entirely vetoed. And I have concerns with that as well. I think there have been some unintended consequences with that veto.”
Martinez in April signed the budget
bill legislators approved during the regular 60-day session. But in an unusual move that brought heavy criticism down on her, she also vetoed the entire budget for higher education institutions as well as for the Legislature.
She said she did so to force a special legislative session on financial matters. Martinez also vetoed a revenue bill that included some tax increases, including a 10-cents-a-gallon tax on gasoline. Democrats and some Republicans said the new revenue would balance the budget and that Martinez had participated in the plan to make ends meet. But once the budget cleared the Legislature, Martinez said she wouldn’t accept tax or fee increases.
But Martinez’s veto of funding for colleges and universities became the most explosive issue, as school presidents said it was destructive to retaining students and recruiting faculty.
Rep. Daymon Ely, D-Corrales, introduced the motion in the House to override the vetoes. He urged his colleagues to read the legal brief filed in the state Supreme Court on behalf of the university presidents by Kevin Washburn, a former dean of The University of New Mexico School of Law.
Martinez’s vetoes have had a devastating effect on college students, Ely said, echoing Washburn’s arguments. “We are losing our best and brightest.”
Most Republicans didn’t accept that argument.
Rep. Paul Bandy, R-Aztec, said his vote against overriding Martinez’s vetoes wasn’t hard for him. “We’re going to come back later today and pass the same thing,” he said referring to the higher education and legislative branch funds.
Still, Republicans in swing districts faced a dilemma. They could vote to override a governor of their own party, or they could in effect endorse her vetoes of all funds for colleges and universities as well as hospitals and other programs under their umbrella.
The state Democratic Party seized on the outcome. “House Republicans made it clear that they would rather put their political ideology ahead of the education and well being of New Mexicans as they blocked the veto override on the House floor,” it said in a statement.
The state Republican Party went on the offensive on Twitter after the vote with messages aimed at individual House Democrats in swing districts. Republicans said an override would have cut funding for child cancer research and student financial aid that Martinez had proposed.
Martinez, through a spokesman, sounded a similar theme: “Any lawmaker who voted for the override just voted to cut $1 million from cancer treatment and research, and $2 million from financial assistance for students. It’s disappointing that the legislative leadership seems more focused on playing politics than working together to develop bipartisan solutions.”
Martinez has proposed budget increases for the UNM Cancer Center and student financial aid. The budget approved Wednesday by House members turned out to be less than what she wanted. It contains an extra $1 million for the cancer center and $1 million more for student aid.
In the Senate, Finance Committee Chairman John Arthur Smith, D-Deming, moved to override Martinez’s vetoes.
“Overriding these vetoes is the clearest, most direct way for this body to express its support for our colleges and universities and the separation of powers,” he said.
Several Democrats then made what seemed to be prepared speeches about Martinez’s vetoes and the damage they had done.
Republicans raised concerns that overriding the vetoes and restoring the entire budget without the governor’s support for revenue measures to balance the spending plan would leave the state with a deficit.
“You’re asking us to take a vote that would violate the constitution of the state of New Mexico,” said Sen. Craig Brandt, R-Rio Rancho. “I cannot support an override at this time because we do not have the revenues for this budget.”
Members of labor unions and liberal groups who had rallied outside the Capitol filed into the House gallery to watch the vote. At one point, the crowd began to chant, “Override! Override!”
The standoff could well figure into next year’s campaign, when all 70 House members are on the ballot.
“We want you to be on the lookout on the House floor and see who stands with you,” House Democratic Whip Doreen Gallegos of Las Cruces told the demonstrators.