TAOS COUNTY VOTING PRECINCTS

Arguments pro and con

Constitutional Amendment 2 proposes to amend Article 20, Section 3 of the Constitution of New Mexico to allow the Legislature to adjust the term of a state, county or district officer to align or stagger the election of officers for a particular state, county or district office throughout the state. No statewide elective office would be subject to adjustment. The proposed amendment also clarifies that officers elected to fill a vacancy in office shall take office on the first day of January following their election.

Arguments For

1 The amendment provides the Legislature with the constitutional authority to ensure uniformity of elections and balance in the number of offices on the ballot.

The Legislature can address election cycle concerns without requiring individual constitutional amendments for each office.

2 It would protect against legislative overreach by requiring the Legislature to adopt specific legislative findings supporting an adjustment to election cycles. In order to make an adjustment the Legislature must find that it is necessary for consistency in the timing of elections for that office or to balance the number of offices appearing on the ballot.

3 Balancing the number of contests appearing on a ballot during alternating election cycles and implementing a standardized start date for all newly elected officers may help alleviate issues created by an overloaded or long ballot and increase efficiency in the state’s administration of elections and training.

Arguments Against

1 It expands the Legislature’s constitutional powers over election policy issues and could be legally challenged. Although it requires that a legislative finding is necessary, it may allow the Legislature to amend terms for other reasons as long as the finding states that it is meant to provide for consistency or balance.

2 It may be overly broad. Not only those offices that are in need of being aligned or staggered on the presidential or gubernatorial general election ballots may be affected. It gives the Legislature broad discretion to change the election cycle in which a state county or district office is elected.

3 Some incumbent officeholders will gain an extra two years in office, while others will serve terms that expire two years early for reasons unrelated to their performance. Additionally, when election cycles are being synchronized, term limits will not apply to the affected offices.