Constitution of New Mexico (2025 publisher edition) — ARTICLE XXII

Publisher edition notice: This collection preserves the complete Secretary of State's 2025 compilation, identifying amendments through 2024, including the publisher's source notes and annotations. Later amendments have not been independently verified.

ARTICLE XXII

ARTICLE XXII Schedule Sec. 1. Effective date of constitution. 2. Federal Employers' Liability Act. 3. Federal Mining Inspection Act. 4. Territorial laws. 5. Pardons for violation of territorial laws. 6. Territorial property vested in state. 7. Obligations due territory or subdivision. 8. Territorial judicial process and proceed- ings. 9. Territorial courts and officers; seals. 10. Pending actions.

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199© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule Sec. 11. Execution and deposit of constitution. 12. Territorial obligations; names of political subdivisions. 13. Election to ratify constitution. 14. Ballots for ratifying constitution. 15. Canvass of ratification election returns. 16. Submission of constitution to president and congress. 17. Proclamation for first election of officers. 18. Conduct of first state election; certifica- tion of results to president. 19. First state officers. 20. First legislative session; oaths of mem- bers; election of United States senators. 21. Supplementary legislation. 22. Terms of first officers. Section 1. [Effective date of constitution.] This constitution shall take effect and be in full force immediately upon the admission of New Mexico into the union as a state. Sec. 2. [Federal Employers' Liability Act.] Until otherwise provided by law, the act of congress of the United States, entitled, "An act relating to liability of common carriers, by railroads to their employees in certain cases," approved April twenty-two,

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200© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule nineteen hundred and eight, and all acts amendatory thereof, shall be and remain in force in this state to the same extent that they have been in force in the territory of New Mexico. Sec. 3. [Federal Mining Inspection Act.] Until otherwise provided by law, the act of congress, entitled, "An act for the protec- tion of the lives of miners," approved March three, eighteen hundred and ninety-one, and all acts amendatory thereof, shall be and re- main in force in this state to the same extent that they have been in force in the territory of New Mexico; the words "governor of the state," are hereby substituted for the words "governor of such organized territory," and for the words "secretary of the interior" wherever the same appear in said acts; and the chief mine inspector for the territory of New Mexico, appointed by the president of the United States, is hereby authorized to perform the duties prescribed by said acts until superseded by the "inspector of mines" appointed by the governor, as elsewhere provided by the constitution, and he shall re- ceive the same compensation from the state, as he received from the United States.

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201© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule Sec. 4. [Territorial laws.] All laws of the territory of New Mexico in force at the time of its admission into the union as a state, not inconsistent with this constitution, shall be and remain in force as the laws of the state until they expire by their own limitation, or are altered or re- pealed; and all rights, actions, claims, con- tracts, liabilities and obligations, shall con- tinue and remain unaffected by the change in the form of government. Sec. 5. [Pardons for violation of territorial laws.] The pardoning power herein granted shall extend to all persons who have been convicted of offenses against the laws of the territory of New Mexico. Sec. 6. [Territorial property vested in state.] All property, real and personal, and all moneys, credits, claims and choses in ac- tion belonging to the territory of New Mex- ico, shall become the property of this state; and all debts, taxes, fines, penalties, es-

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202© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule cheats and forfeitures, which have accrued or may accrue to said territory, shall inure to this state. Sec. 7. [Obligations due territory or subdivision.] All recognizances, bonds, obligations and undertakings entered into or executed to the territory of New Mexico, or to any county, school district, municipality, officer or official board therein, shall remain valid according to the terms thereof, and may be sued upon and recovered by the proper au- thority under the state law. Sec. 8. [Territorial judicial process and proceedings.] All lawful process, writs, judgments, decrees, convictions and sentences is- sued, rendered, had or pronounced, in force at the time of the admission of the state, shall continue and remain in force to the same extent as if the change of gov- ernment had not occurred, and shall be enforced and executed under the laws of the state.

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203© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule Sec. 9. [Territorial courts and officers; seals.] All courts existing, and all persons hold- ing offices or appointments under authority of said territory, at the time of the admis- sion of the state, shall continue to hold and exercise their respective jurisdictions, func- tions, offices and appointments until super- seded by the courts, officers or authorities provided for by this constitution. Until otherwise provided by law, the seal of the territory shall be used as the seal of the state, and the seals of the several courts, officers and official boards in the territory shall be used as the seals of the correspond- ing courts, officers and official boards in the state; and for any new court, office or board created by this constitution, a seal may be adopted by the judge of said court, or the incumbent of said office, or by the said board. Sec. 10. [Pending actions.] All suits, indictments, criminal actions, bonds, process, matters and proceedings pending in any of the courts in the terri- tory of New Mexico at the time of the or-

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204© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule ganization of the courts provided for in this constitution shall be transferred to and proceed to determination in such courts of like or corresponding jurisdiction. And all civil causes of action and criminal offenses which shall have been commenced, or in- dictment found, shall be subject to action, prosecution, indictment and review in the proper courts of the state, in like manner and to the same extent as if the state had been created and said courts established prior to the accrual of such causes of action and the commission of such offenses. Sec. 11. [Execution and deposit of constitution.] This constitution shall be signed by the president and secretary of the constitutional convention, and such delegates as desire to sign the same, and shall be deposited in the office of the secretary of the territory where it may be signed at any time by any delegate. Sec. 12. [Territorial obligations; names of political subdivisions.] All lawful debts and obligations of the several counties of the territory of New

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205© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule Mexico not assumed by the state and of the school districts, municipalities, irriga- tion districts and improvement districts, therein, existing at the time of its admission as a state, shall remain valid and unaffected by the change of government, until paid or refunded according to law; and all coun- ties, municipalities and districts in said ter- ritory shall continue with the same names, boundaries and rights until changed in ac- cordance with the constitution and laws of the state. Sec. 13. [Election to ratify constitution.] This constitution shall be submitted to the people of New Mexico for ratification at an election to be held on the twenty-first day of January, nineteen hundred and eleven, at which election the qualified voters of New Mexico shall vote directly for or against the same, and the governor of the territory of New Mexico shall forthwith issue his proc- lamation ordering said election to be held on said day. Except as to the manner of making re- turns of said election and canvassing and certifying the result thereof, said election shall be held and conducted in the manner

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206© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule prescribed by the laws of New Mexico now in force. Sec. 14. [Ballots for ratifying constitution.] The ballots cast at said election in favor of the ratification of this constitution shall have printed or written thereon in both En- glish and Spanish the words "For the Con- stitution"; and those against the ratification of the constitution shall have written or printed thereon in both English and Spanish the words "Against the Constitution"; and shall be counted and returned accordingly. Sec. 15. [Canvass of ratification election returns.] The returns of said election shall be made by the election officers direct to the secretary of the territory of New Mexico at Santa Fe, who, with the governor and the chief justice of said territory, shall consti- tute a canvassing board, and they, or any two of them, shall meet at said city of Santa Fe on the third Monday after said election and shall canvass the same. Said canvassing board shall make and file with the secretary

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207© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule of the territory of New Mexico, a certificate signed by at least two of them, setting forth the number of votes cast at said election for or against the constitution, respectively. Sec. 16. [Submission of constitution to president and congress.] If a majority of the legal votes cast at said election as certified to by said canvassing board, shall be for constitution, it shall be deemed to be duly ratified by the people of New Mexico and the secretary of the terri- tory of New Mexico shall forthwith cause to be submitted to the president of the United States and to congress for approval, a certi- fied copy of this constitution, together with the statement of the votes cast thereon. Sec. 17. [Proclamation for first election of officers.] If congress and the president approve this constitution, or if the president approves the same and congress fails to disapprove the same during the next regular session thereof, the governor of New Mexico shall, within thirty days after receipt of notification from the president certifying said facts, issue his

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208© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule proclamation for an election at which officers for a full state government, including a gov- ernor, county officers, members of the state legislature, two representatives in congress to be elected at large from the state, and such other officers as this constitution prescribes, shall be chosen by the people; said election to take place not earlier than sixty days nor later than ninety days after the date of said proc- lamation by the governor ordering the same. Sec. 18. [Conduct of first state election; certification of results to president.] Said last- mentioned election shall be held, the returns thereof made, canvassed and certified to by the secretary of said ter- ritory, in the same manner, and under the same laws, including those as to qualifica- tions of electors, shall be applicable thereto, as hereinbefore prescribed for holding, making of the returns, canvassing and certi- fying the same, of the election for the ratifi- cation or rejection of this constitution. When said election of state and county of- ficers, members of the legislature, representa- tives in congress, and other officers provided for in this constitution, shall be held and the returns thereof made, canvassed and certi-

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209© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule fied as hereinbefore provided, the governor of the territory of New Mexico shall imme- diately certify the result of said election, as canvassed and certified as hereinbefore pro- vided, to the president of the United States. Sec. 19. [First state officers.] Within thirty days after the issuance by the president of the United States of his proclamation announcing the result of said election so ascertained, all officers elected at such election, except members of the legislature, shall take the oath of office and give bond as required by this constitution or by the laws of the territory of New Mex- ico in case of like officers in the territory, county or district, and shall thereupon enter upon the duties of their respective offices; but the legislature may by law require such officers to give other or additional bonds as a condition of their continuance in office. Sec. 20. [First legislative session; oaths of members; election of United States senators.] The governor of the state, immediately upon his qualifying and entering upon the

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210© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXII – Schedule duties of his office, shall issue his proclama- tion convening the legislature at the seat of government on a day to be specified therein, not less than thirty nor more than sixty days after the date of said proclamation. The members-elect of the legislature shall meet on the day specified, take the oath required by this constitution and within ten days after organization shall proceed to the election of two senators of the United States for the state of New Mexico, in the manner prescribed by the constitution and laws of the United States; and the governor and secretary of the state of New Mexico shall certify the election of the senators and representatives in congress in the manner required by law. Sec. 21. [Supplementary legislation.] The legislature shall pass all necessary laws to carry into effect the provisions of this constitution. Sec. 22. [Terms of first officers.] The term of office of all officers elected at the election aforesaid shall commence on the date of their qualification and shall

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211© 2025 State of New Mexico. New Mexico Compilation Commission. All rights reserved. Article XXIV – Leases on State Land expire at the same time as if they had been elected on the Tuesday next after the first Monday of November in the year nineteen hundred and twelve.