Albuquerque Journal

Governor responds to veto challenges

Court filing defends actions

- BY DAN BOYD JOURNAL CAPITOL BUREAU

SANTA FE — Gov. Susana Martinez fired back Friday at top-ranking legislator­s for challengin­g her vetoes of 10 different bills, saying they were grasping at technicali­ties and could have tried to override the vetoes instead of going to court.

In a court filing, the state’s two-term Republican governor also defended her vetoes of the 10 bills, arguing the state’s Constituti­on does not require her to provide an explanatio­n for every piece of vetoed legislatio­n.

“Reading such technical requiremen­ts in the New Mexico Constituti­on as mandatory prerequisi­tes for preventing a bill from becoming a law would be contrary to the framers’ intent, because it would mean that bills can become law based on nothing more than a clerical error or technical oversight, rather than the merits of the proposed legislatio­n itself,” Martinez’s attorneys wrote in the brief.

Top New Mexico lawmakers filed the lawsuit in June, after a contentiou­s 60-day session in which the Democratic-controlled Legislatur­e frequently clashed with the Governor’s Office over budgetary matters.

The legislator­s argue the 10 bills Martinez vetoed — all approved during the session — should be declared to be law because the governor did not follow proper procedures. She either took too long to act on the bills or did not provide a sufficient explanatio­n for the vetoes, the suit claims.

At stake are bills dealing with industrial hemp

research, local government broadband expansion, drug testing for racehorses and allowing computer science to count toward math and science requiremen­ts for New Mexico high school students.

Six of the 10 bills were vetoed in a flurry of action on March 15, the day after the Senate voted to successful­ly override Martinez’s veto of a teacher sick leave bill. A similar override attempt in the House of Representa­tives came up short.

Since Martinez vetoed the bills, Secretary of State Maggie Toulouse Oliver has declined to chapter them into law. If successful, the lawsuit would compel that action, a needed step for the bills to take effect.

The Legislativ­e Council, a group of leading legislator­s from both political parties, authorized the lawsuit in April via a closeddoor vote. It wasn’t filed until June because lawmakers wanted to first resolve a lingering budget impasse — a task that was completed in a May special session.

State District Court Judge Sarah Singleton ruled last month the veto lawsuit could proceed and set a hearing date for next month.

A key question — and point of debate — in the lawsuit is whether the governor has to provide her reasoning for vetoing a bill. The Constituti­on says governors should return vetoed bills to the Legislatur­e with their “objections,” but does not lay out a process for doing so.

Martinez’s attorneys, including Paul Kennedy of Albuquerqu­e, also said in their Friday court filing it should be up to the governor and the Legislatur­e —not the courts — to decide which bills become law.

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