FIXnewMexico

Proposed constitutional amendment · Draft

Official Publication of the Constitution in English and Spanish

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE XX OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE OFFICIAL ENGLISH AND SPANISH VERSIONS OF THE CONSTITUTION, PROPORTIONAL PRINT DISTRIBUTION AND FREE DIGITAL ACCESS.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.

It is proposed to amend Article XX of the Constitution of New Mexico by adding a new section to read:

“Section [New]. Official Publication of the Constitution in English and Spanish.

The Constitution of the State of New Mexico shall be maintained, published, and disseminated as an official document in both the English and Spanish languages. The Spanish-language version shall be a complete, accurate, and authoritative translation of the English-language version, with equal legal force and effect in all proceedings, interpretations, and applications under state law, subject to the rule in Paragraph (2) governing discrepancies between versions.

The secretary of state, in consultation with the New Mexico Compilation Commission and qualified linguistic experts in New Mexican Spanish, shall ensure that:

  1. An official Spanish translation of the full Constitution, including all amendments, is prepared, certified, and made publicly available in print and digital formats no later than two years after ratification of this amendment.
  2. All future amendments to this Constitution shall be drafted, debated, and ratified with simultaneous official English and Spanish texts. In the event of any discrepancy between the two versions, the English text shall control for purposes of legal construction, while every effort shall be made to harmonize the Spanish text to reflect the original intent.
  3. The Spanish-language version shall use terminology and phrasing that is clear, accessible, and reflective of the linguistic traditions of New Mexico’s Spanish-speaking communities, including traditional New Mexican Spanish where appropriate, to ensure that native Spanish speakers can fully understand and exercise their rights and responsibilities under this Constitution.
  4. Printed copies of the Constitution shall be produced and distributed in direct proportion to the linguistic demographics of the state. The number of printed Spanish-language copies shall bear the same ratio to the total number of printed copies as the proportion of New Mexico residents who are Spanish speakers (or who prefer Spanish as their primary language for official documents) bears to the total population, as determined by the most recent federal decennial census or official state demographic data certified by the Secretary of State. Digital copies in both languages shall be made available without limitation and at no cost to the public. Printed copies in both languages shall be provided free of charge or at nominal cost in public schools, libraries, government offices, and other public venues, with sufficient quantities to meet demand in proportion to the above ratio.
  5. The state shall promote awareness of both versions through educational programs, public notices, and outreach to ensure equal access, civic participation, and cultural preservation for all citizens.

This section shall be self-executing and shall not be construed to diminish any existing rights or protections regarding language in this Constitution, including but not limited to those in Article VII, Section 3 and Article XII.”

SECTION 2.

The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose, in accordance with Article XIX of the Constitution of New Mexico.

Reference Material

Drafting notes

The operative text uses the revised proposal’s five requirements, including demographic proportionality for printed copies and unlimited free digital access. Article XX is the placement specified in the revised draft. The new section number remains a placeholder.

The opening statement concerning equal legal force is expressly subject to the supplied Paragraph (2), which gives the English text control if the versions differ. This clarifies the relationship between the two provisions without removing the source’s English-controls rule.

The demographics, historical claims, suggested ballot language and discussion below are retained as supplied background rather than new factual findings. Legislative referral and ratification are governed by Article XIX; the discussion’s suggestion of a citizen-initiative route is not incorporated into the resolution. Secretary of State constitutional resources.

Original proposals, print-distribution revision, ballot language and dialogue

I would like you to produce a New Mexico constitutional amendment that addresses the fact that approximately half of the population of New Mexico are Spanish speakers and that the constitution has not been produced in Spanish as well as English. This constitutional amendment solves that problem and gives native Spanish speakers the ability to fully understand the constitution of New Mexico.

Proposed Constitutional Amendment to the New Mexico ConstitutionAmendment to Article XIX (Amendments) or as a New Section in Article II (Bill of Rights) or Article XX (Miscellaneous)I recommend adding this as a new section in Article XX (Miscellaneous) or as an addition to the existing language protections in Article VII, Section 3 and Article II, Section 5 (preserving rights under the Treaty of Guadalupe Hidalgo). This fits the state's historical emphasis on bilingualism.

statecourtreport.org
Text of the Proposed Amendment:
Section [New]. Official Publication of the Constitution in English and Spanish.The Constitution of the State of New Mexico shall be maintained, published, and disseminated as an official document in both the English and Spanish languages. The Spanish-language version shall be a complete, accurate, and authoritative translation of the English-language version, with equal legal force and effect in all proceedings, interpretations, and applications under state law.The Secretary of State, in consultation with the New Mexico Compilation Commission and qualified linguistic experts in New Mexican Spanish, shall ensure that:
1. An official Spanish translation of the full Constitution, including all amendments, is prepared, certified, and made publicly available in print and digital formats no later than [two years after ratification of this amendment].
2. All future amendments to this Constitution shall be drafted, debated, and ratified with simultaneous official English and Spanish texts. In the event of any discrepancy between the two versions, the English text shall control for purposes of legal construction, while every effort shall be made to harmonize the Spanish text to reflect the original intent.
3. The Spanish-language version shall use terminology and phrasing that is clear, accessible, and reflective of the linguistic traditions of New Mexico's Spanish-speaking communities, including traditional New Mexican Spanish where appropriate, to ensure that native Spanish speakers can fully understand and exercise their rights and responsibilities under this Constitution.
4. Copies of the Constitution in both languages shall be made freely available to the public, including in public schools, libraries, government offices, and online. The state shall promote awareness of both versions to uphold the principles of equal access, civic participation, and cultural preservation for all citizens.
This section shall be self-executing and shall not be construed to diminish any existing rights or protections regarding language in this Constitution, including but not limited to those in Article VII, Section 3 (protecting the right to vote, hold office, or serve on juries regardless of ability to speak, read, or write English or Spanish) and Article XII (education provisions supporting bilingualism).

digitalhistory.uh.edu
Ballot Question Language (for voter approval):"Constitutional Amendment [Number] – Proposing an amendment to require that the New Mexico Constitution be officially produced, maintained, and published in both English and Spanish languages, ensuring that native Spanish speakers have full and equal access to understanding the state's fundamental law. Shall this amendment be adopted?"
Rationale and Key Features (for context, not part of the legal text):
- Addresses the core issue: Approximately half of New Mexico's population is Hispanic/Latino, with significant Spanish-speaking communities (historically around 28-30% speaking Spanish at home, and the state having the highest percentage of such speakers).

en.wikipedia.org
Source link

This amendment directly remedies any gap in accessible official versions beyond the original 1911 bilingual adoption.
- Builds on history: New Mexico's Constitution was originally adopted bilingually and includes strong protections for Spanish speakers. This updates and strengthens that legacy without declaring Spanish an "official language" in a way that conflicts with existing law.

en.wikipedia.org
Source link

- Practical implementation: Mandates action by the Secretary of State and Compilation Commission, with a timeline, expert involvement, and free public access. It prioritizes clarity for New Mexican Spanish speakers.
- Amendment process note: Under New Mexico law (Article XIX), most amendments require a simple majority vote of the electorate. Certain protected sections (e.g., voting rights) have supermajority requirements, but this new provision would not trigger those.

50constitutions.org
Source link

This draft is a self-contained, professional proposal ready for legislative introduction (e.g., as a Joint Resolution) or citizen initiative. It promotes inclusion while respecting the Constitution's structure. If you'd like adjustments, such as placement in a different article, more detailed implementation, or Spanish translation of this amendment text itself, let me know!

while there are no costs to the number of digital copies that are available for download, there is a cost regarding printed versions. The printed versions should be in direct ratio to the number of copies provided in English to the number of copies provided for Spanish speakers. Work that into this amendment, please

Revised Proposed Constitutional AmendmentNew Section in Article XX (Miscellaneous) of the New Mexico Constitution:Section [Official Publication of the Constitution in English and Spanish].The Constitution of the State of New Mexico shall be maintained, published, and disseminated as an official document in both the English and Spanish languages. The Spanish-language version shall be a complete, accurate, and authoritative translation of the English-language version, with equal legal force and effect in all proceedings, interpretations, and applications under state law.The Secretary of State, in consultation with the New Mexico Compilation Commission and qualified linguistic experts in New Mexican Spanish, shall ensure that:
1. An official Spanish translation of the full Constitution, including all amendments, is prepared, certified, and made publicly available in print and digital formats no later than two years after ratification of this amendment.
2. All future amendments to this Constitution shall be drafted, debated, and ratified with simultaneous official English and Spanish texts. In the event of any discrepancy between the two versions, the English text shall control for purposes of legal construction, while every effort shall be made to harmonize the Spanish text to reflect the original intent.
3. The Spanish-language version shall use terminology and phrasing that is clear, accessible, and reflective of the linguistic traditions of New Mexico’s Spanish-speaking communities, including traditional New Mexican Spanish where appropriate, to ensure that native Spanish speakers can fully understand and exercise their rights and responsibilities under this Constitution.
4. Printed copies of the Constitution shall be produced and distributed in direct proportion to the linguistic demographics of the state. The number of printed Spanish-language copies shall bear the same ratio to the total number of printed copies as the proportion of New Mexico residents who are Spanish speakers (or who prefer Spanish as their primary language for official documents) bears to the total population, as determined by the most recent federal decennial census or official state demographic data certified by the Secretary of State. Digital copies in both languages shall be made available without limitation and at no cost to the public. Printed copies in both languages shall be provided free of charge or at nominal cost in public schools, libraries, government offices, and other public venues, with sufficient quantities to meet demand in proportion to the above ratio.
5. The state shall promote awareness of both versions through educational programs, public notices, and outreach to ensure equal access, civic participation, and cultural preservation for all citizens.
This section shall be self-executing and shall not be construed to diminish any existing rights or protections regarding language in this Constitution, including but not limited to those in Article VII, Section 3 and Article XII.

Ballot Question Language (for voter approval):“Constitutional Amendment [Number] – Proposing an amendment to require that the New Mexico Constitution be officially produced, maintained, and published in both English and Spanish, with printed copies distributed in proportion to the number of Spanish speakers in the state, ensuring native Spanish speakers have full and equal access to understanding the state’s fundamental law. Shall this amendment be adopted?”
Summary of Changes Made:
- Added a dedicated subsection (now #4) that directly addresses your request for printed copies in direct ratio based on the proportion of Spanish speakers in the population.
- Digital copies remain unlimited and free, as you specified.
- The ratio is determined using reliable, objective data (U.S. Census or state-certified demographics) to make it practical and enforceable.
- This ensures fairness: if, for example, 30% of New Mexicans are Spanish speakers or prefer Spanish materials, then approximately 30% of all printed copies produced by the state would be in Spanish.
This revised draft remains professional, self-contained, and ready for legislative or initiative use. Let me know if you would like further adjustments (e.g., specific wording tweaks, a full Spanish translation of the amendment text, or placement in a different article).