Constitutional Amendments (Arguments For and Against) Abridged

Brief Analysis of Proposed Constitutional Amendment 4

2014

Summary of Proposed Constitutional Amendment 4
Constitutional Amendment 4 would allow Valencia and Curry counties to become urban counties if their populations ever reach 300,000. Those are the only two counties that meet the geographic size requirement but do not have the authority to become urban counties. The amendment would also clarify that a majority of the voters casting ballots on the question of adopting an urban county charter is required to approve a charter.

Background and Information Regarding Home Rule Municipalities and Urban Counties
New Mexico's counties and municipalities may only adopt ordinances on topics specifically allowed by the Constitution of New Mexico or state law. Since 1970, municipalities have had the authority to become "home rule municipalities" with the power to control more of their own affairs through city charters that are approved by their voters. Those municipalities that have done so no longer need specific permission from the legislature to enact ordinances; their authority to do so is only limited by the federal and state constitutions, state law or their own charters.

Under an amendment adopted in 2000, Bernalillo County was granted the authority to seek the same home rule status by becoming what would be known as an "urban county". No other county was eligible or ever would be eligible to seek the same status because of the deadlines in the 2000 amendment. Bernalillo County appointed a commission that drafted a charter, but the charter was rejected by county voters in 2001. Bernalillo County may renew the process by appointing another charter commission at any time.

In addition to Bernalillo County, only Valencia, Curry and Los Alamos counties meet the geographic size requirement to become urban counties. Los Alamos already has a home rule charter, so only Valencia and Curry counties would be eligible to seek home rule status if this amendment is adopted and if the population in those counties ever reaches 300,000. If existing county boundaries are changed or new counties are created that result in a county meeting the size and population requirements, that county would be eligible to seek to become an urban county.