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Category: 2024 NM Legislative Session 2024 NM Legislative Session
Published: 18 January 2024 18 January 2024

SANTA FE, NM—Today, New Mexico House Republicans filed legislation to limit the Governor’s power to declare a state of emergency, a push to reign in executive overreach.

Recent decisions by Governor Michelle Lujan-Grisham to declare states of emergency, including her COVID lockdowns and recent ban on firearms, violate the constitutional purview of executive power and the legislative process. 

The bill, signed by the entire House Republican Caucus, puts constraints on unchecked executive power and establishes constitutional language that ceases a state of emergency, after ninety days, unless the legislature convenes before the ninetieth day and votes to extend the order by 3/5 vote.

In addition, the bill gives the legislature the authority, at any time, to call an extraordinary session to modify or terminate the executive order by 3/5 vote. Once the executive order has been terminated, the bill blocks the Governor from issuing an executive order on the same event.

In a joint statement, House Republicans stated, “We all have learned, during COVID, that unchecked executive power decimated our economy, closed local businesses forever, and deprived New Mexico children of their constitutional right to a sufficient education. And, when we thought she couldn’t go further, she used a public health order to suspend a well-established Constitutional right, the right to bear arms. It’s time that we ensure checks and balances remain a critical component of government, and we are committed to upholding our oath of office.”