Proposed constitutional amendment · Draft
Recall of Statewide Elected Officials
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE XX OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE FOR THE RECALL OF STATEWIDE ELECTED EXECUTIVE OFFICERS; ESTABLISHING PETITION, ELECTION AND SUCCESSION PROCEDURES; AND REQUIRING A SECURE, AUDITABLE DIGITAL PETITION SYSTEM PROVIDED BY THE SECRETARY OF STATE.
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]. Recall of statewide elected officials.
A. Recall authorized.
The qualified electors of the state may recall a person holding the office of governor, lieutenant governor or another major administrative elected statewide office created by this constitution or by statute. Judicial officers and members of the legislature are not subject to recall pursuant to this section.
The power of recall may be exercised after the officer has served at least six months of the current term. A recall petition shall not be filed against an officer during the last six months of the officer’s term.
B. Petition requirements and circulation.
A recall petition shall be filed with the secretary of state and shall contain a statement of the reasons for demanding recall. Recall is a political process and does not require an allegation or finding of misconduct or other specified legal grounds.
A petition shall be signed by registered qualified electors eligible to vote for the office held by the officer whose recall is sought. The number of valid signatures required shall equal twenty percent of the total votes cast for all candidates for that office at the most recent general election for that office.
Petitioners shall have one hundred twenty days after the secretary of state approves the petition form to circulate and file the completed petition.
C. Petition formats and digital system.
Recall petitions may be circulated and submitted on paper, through the secure digital petition system provided and maintained by the secretary of state, or through a combination of paper and digital petitions.
The secretary of state shall provide and operate a secure statewide digital petition platform for collecting electronic signatures. The platform shall:
- comply with applicable state and federal laws governing electronic signatures and records;
- maintain a complete audit trail for each signature, including timestamped records and unique transaction identifiers, and permit independent verification and auditing of signature authenticity and signer eligibility;
- permit real-time public viewing of petition progress without disclosing individual voter information;
- prevent fraud through identity verification measures consistent with those used for voter registration and candidate nominating petitions; and
- link each digital signature to the signer’s record in the statewide voter registration database.
Paper petitions shall comply with the format, verification standards and procedural rules applicable to paper nominating petitions under the Election Code. The recall petition process shall mirror the nominating petition process for the same office to the greatest extent practicable and consistent with this section.
All signatures, whether collected on paper or digitally, shall be subject to the same verification process by the secretary of state and county clerks. The secretary of state shall adopt rules governing security, fraud prevention, combined paper and digital processes, public transparency and auditing of both paper and digital petitions. The digital system shall be at least as verifiable and auditable as paper petitions.
D. Verification and election scheduling.
The secretary of state shall verify the signatures on a completed petition within sixty days after filing. If the petition contains sufficient valid signatures, the secretary of state shall certify the petition, and the recall question shall be submitted at a special election held no later than ninety days after certification or at the next general election if that election occurs sooner, subject to applicable election timing laws.
An officer whose recall is sought may resign at any time before the recall election.
E. Recall election and succession.
The ballot shall present the question: “Shall [Name of Official] be recalled from the office of [Office]?” The voter shall be permitted to vote “Yes” or “No.”
If a majority of the votes cast on the question are in favor of recall, the officer shall be removed from office upon certification of the election results. The resulting vacancy shall be filled as provided by the constitution and laws governing succession or vacancies in that office.
If the recall is defeated, another recall petition against the same officer shall not be filed for at least one year following the recall election.
F. Implementation and limitations.
The legislature shall enact laws to implement this section, including procedures for petition approval and signature verification, campaign finance disclosure for recall efforts and ballot formatting. The secretary of state shall adopt rules necessary to administer this section consistently with its provisions.
This section does not limit any other constitutional or statutory power to remove an officer, including impeachment. If a provision of this section or its application is held invalid, the remaining provisions and their applications shall remain in effect.
”
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.
REFERENCE MATERIALS
Drafting history and consolidation
The amendment above combines the original recall proposal with the subsequent revision requiring paper petitions, an auditable digital petition system provided by the secretary of state, and hybrid petitions. The revised excerpt’s unfinished election provision is completed from the original proposal. Comparative explanations, conversational instructions and source citations are retained below as background rather than operative constitutional language.
The twenty-percent signature threshold, one-hundred-twenty-day circulation period, sixty-day verification limit, ninety-day election limit, six-month term safeguards and one-year restriction following a failed recall are retained from the supplied proposal. Resolution identifiers and the new constitutional section number remain placeholders.
Legislative formatting reference
The joint-resolution structure and submission clause follow the form used in New Mexico recall proposals. New Mexico Legislature — 2025 HJR 6. The policy choices in this draft come from the supplied text.
Original proposal, citations and Grok dialogue
Proposed Constitutional Amendment to Article XX of the New Mexico Constitution (adding a new Section on [Recall of Statewide Elected Officials]).
Section 1. Recall Authorized.
The qualified electors of the state shall have the power to recall any person holding the office of Governor, Lieutenant Governor, or other major administrative elected statewide office created by this Constitution or by statute. This power may be exercised at any time after the official has held office for at least six (6) months of the current term, but no recall petition shall be filed against an official within the last six (6) months of the term. Judicial officers and members of the Legislature are not subject to this recall provision.
ncsl.org
Section 2. Petition Requirements and Process.
A recall petition shall be filed with the Secretary of State and must include a statement of the reasons for the recall (which may be for any reason or no specific grounds, consistent with the political nature of recall in most states). The petition shall be signed by registered voters eligible to vote for the official in question.
ballotpedia.org
The number of signatures required shall be twenty percent (20%) of the total number of votes cast for all candidates for that office in the last general election for the office. This is a middle-ground threshold: lower than the 25% common in many states (e.g., Arizona, Colorado, Michigan) but higher than California's 12% for statewide officers, avoiding both overly easy triggers and excessively high barriers.
Petitioners shall have one hundred twenty (120) days from the date the petition form is approved by the Secretary of State to circulate and file the petition. This circulation period aligns with common practices (e.g., Arizona's 120 days, California's 160 days, many others at 90 days).
ncsl.org
The petition process shall mirror, to the greatest extent practicable, the process for nominating petitions for candidates for the same office under the Election Code, including verification by the Secretary of State or county clerks. Signatures may be collected via paper or through secure digital/electronic signature technology authorized by the Secretary of State (as currently used for candidate nominating petitions), provided that each signature is verified as belonging to a registered voter eligible to sign. The Secretary of State shall promulgate rules to ensure security, prevent fraud, and allow for hybrid paper-digital processes.
ballotpedia.org
Upon filing, the Secretary of State shall verify the signatures within a reasonable time (not to exceed sixty (60) days). If sufficient valid signatures are found, the recall shall be placed on the ballot at the next general election or a special election called no later than ninety (90) days after certification (whichever is sooner, subject to existing election timing laws). The targeted official may resign at any time before the election.
ncsl.org
Section 3. Recall Election.
The ballot shall present the question: "Shall [Name of Official] be recalled from the office of [Office]?" Voters shall vote "Yes" or "No." If a majority of votes cast on the question are "Yes," the official is removed from office upon certification of the results. A successor shall be selected as provided by law for vacancies in that office (e.g., succession by Lieutenant Governor for Governor, or special election/appointment as applicable). If the recall fails, no new recall petition against the same official may be filed for at least one (1) year.
ballotpedia.org
Section 4. Implementation and Limitations.
The Legislature shall enact laws to carry out this section, consistent with its provisions, including procedures for petition approval, signature verification, campaign finance disclosure for recall efforts, and ballot formatting. This amendment does not limit other constitutional or statutory removal powers (e.g., impeachment). If any part of this section is held invalid, the remainder shall remain in force.
ncsl.org
This language draws a balanced ("middle-of-the-line") approach:
- 20% signatures and 120-day circulation strike a reasonable middle between easier (CA 12%) and stricter (25%+) thresholds used across the ~19-20 recall states.
- No mandatory "grounds" (like misconduct), matching the majority of states where recall is political
rather than
judicial.
- Digital signatures explicitly supported to match NM's existing nominating petition system.
- 6-month waiting period and last-6-months prohibition are common safeguards.
- Mirrors existing petition/election processes for familiarity and ease of administration.
This could be introduced as a joint resolution (e.g., HJR/SJR) for voter approval at the next general election. Consult the Secretary of State and legislative counsel for exact formatting and conforming statutory changes.
modify this language so that it
includes:
- paper petitions
- digital petitions that are compliant with auditing capabilities
- the system that will be provided by the Secretary of State as well
Revised Proposed Constitutional Amendment
Language
(Only the modified portions are shown below; the rest of the amendment remains as previously drafted.)Section 2. Petition Requirements and Process.
A recall petition shall be filed with the Secretary of State and must include a statement of the reasons for the recall (which may be for any reason or no specific grounds). The petition shall be signed by registered voters eligible to vote for the official in question.The number of signatures required shall be twenty percent (20%) of the total number of votes cast for all candidates for that office in the last general election for the office. Petitioners shall have one hundred twenty (120) days from the date the petition form is approved by the Secretary of State to circulate and file the petition.Petition Formats and Systems.
Recall petitions may be circulated and submitted in the following formats:
(a) Traditional paper petitions;
(b) Digital/electronic petitions using the secure online petition system provided and maintained by the Secretary of State; or
(c) A hybrid combination of paper and digital petitions. The Secretary of State shall provide and operate a secure, statewide digital petition platform for the collection of electronic signatures. This system shall:
- Be fully compliant with state and federal laws regarding electronic signatures and records;
- Incorporate robust auditing capabilities, including (but not limited to) a complete audit trail of each signature, timestamped records, unique transaction identifiers, and the ability to independently verify and audit signatures for authenticity and eligibility;
- Allow real-time public viewing of petition progress (without disclosing individual voter information);
- Prevent fraud through identity verification measures consistent with those used for voter registration and candidate nominating petitions; and
- Ensure that all digital signatures are linked to a registered voter’s record in the statewide voter registration database.
Paper petitions shall follow the same format, verification standards, and procedural rules as paper nominating petitions under the Election Code. All signatures—whether collected on paper or digitally—shall be subject to the same verification process by the Secretary of State and county clerks. The Secretary of State shall promulgate rules and regulations necessary to implement this section, including standards for security, fraud prevention, hybrid processes, public transparency, and auditing of both paper and digital petitions. These rules shall ensure that the digital system is at least as verifiable and auditable as traditional paper petitions.Upon filing of the completed petition (paper, digital, or hybrid), the Secretary of State shall verify the signatures within a reasonable time (not to exceed sixty (60) days). If sufficient valid signatures are found, the recall shall be placed on the ballot...