New Mexico Constitutional Amendment 1, Land Grant Permanent Fund Distribution for Early Childhood Education Amendment (2022)
| New Mexico Constitutional Amendment 1 | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic State and local government budgets, spending and finance | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
New Mexico Constitutional Amendment 1, the Funding for Early Childhood Programs Amendment, was on the ballot in New Mexico as a legislatively referred constitutional amendment on November 8, 2022.[1]The ballot measure was approved.
A "yes" vote supported allocating 1.25% of the five-year average of year-end market values of the money in the Land Grant Permanent Fund (LGPF) to early childhood education and the public school permanent fund and providing that the allocation would not occur if the average year-end market value for the preceding five years of the LGPF fund balance was below $17 billion. |
A "no" vote opposed this amendment to allocate 1.25% of the five-year average of year-end market values of the money in the Land Grant Permanent Fund (LGPF) to early childhood education and the public school permanent fund. |
Election results
|
New Mexico Constitutional Amendment 1 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
472,826 | 70.34% | ||
| No | 199,347 | 29.66% | ||
Aftermath
Congressional approval of increased distribution
This article contains a developing news story. Ballotpedia staff are checking for updates regularly. To inform us of new developments, email us at editor@ballotpedia.org.
Since the Land Grant Permanent Fund was created by the federal government, New Mexico needs congressional approval to increase the amount distributed from the fund as well as voter approval. U.S. Sen. Martin Heinrich (D), U.S. Sen. Ben Ray Luján (D), U.S. Rep. Melanie Ann Stansbury (D), and U.S. Rep. Teresa Leger Fernandez (D) sponsored the New Mexico Education Enhancement Act in the house and senate. If it is not passed before congress adjourns, it will need to be passed in the next session.[2]
Overview
How did Constitutional Amendment 1 change the distribution of the Land Grant Permanent Fund?
- See also: Measure design
Constitutional Amendment 1 allocated 1.25% of the five-year average of year-end market values of the money in the Land Grant Permanent Fund to early childhood education (60% of the allocation) and public education (40% of the allocation). As of 2022, the New Mexico Constitution provided that the annual distribution from the fund was 5% to 21 designated fund beneficiaries. This amendment increased the total annual distribution to 6.25%. The amendment also provided that if the average year-end market value for the preceding five years of the LGPF dropped to $17 billion allocations would be halted until the fund amount increased.[3] Constitutional Amendment 1 would allocate 1.25% of the five-year average of year-end market values of the money in the Land Grant Permanent Fund to early childhood education (60% of the allocation) and public education (40% of the allocation). As of 2020, the New Mexico Constitution provided that the annual distribution from the fund was 5% to 21 designated fund beneficiaries. This amendment increased the total annual distribution to 6.25%. The amendment also provided that if the average year-end market value for the preceding five years of the LGPF dropped to $17 billion allocations would be halted until the fund amount increased.[3]
What is the Land Grant Permanent Fund?
- See also: Land Grant Permanent Fund
The Land Grant Permanent Fund (LGPF) is also known as the Permanent School Fund. Revenue in the LGPF comes from leases and royalties on non-renewable natural resources, such as oil and gas, and returns on invested capital. It was established when New Mexico became a state in 1912. The New Mexico State Land Office, which is under the New Mexico Commissioner of Public Lands, oversees the collection of revenue from leases and royalties.[4]
How did Constitutional Amendment 1 get placed on the ballot?
- See also: Path to the ballot
Constitutional Amendment 1 was introduced as House Joint Resolution 1 on January 19, 2021. On February 12, 2021, the state House passed HJR 1 in a vote of 44-23 with three absent. On March 18, 2021, the state Senate passed an amended version in a vote of 26-16. The vote was along party lines, except Sen. Bill G. Tallman was the only Democrat to vote against the amendment. The state House concurred on March 19.[1]
Measure design
Constitutional Amendment 1 allocated 1.25% of the five-year average of year-end market values of the money in the Land Grant Permanent Fund to early childhood education (60% of the allocation) and public education (40% of the allocation). The Legislative Finance Committee (LFC) estimated that the additional allocation would be about $245.7 million in fiscal year 2023. Of that total, the measure was designed to allocate $126.9 million for early childhood education, $84.6 million to public education, and $34.2 million for the LGPF’s other beneficiaries.[3][5]
The LGPF is also known as the Permanent School Fund. Revenue in the LGPF comes from leases and royalties on non-renewable natural resources, such as oil and gas, and returns on invested capital.[4] At the end of calendar year 2021, the fund was valued at $25.8 billion. In 2022, the New Mexico Constitution provided that the annual distribution from the fund was 5% to 21 designated fund beneficiaries. This amendment increased the total annual distribution to 6.25%. The amendment was designed to provide that if the average year-end market value for the preceding five years of the LGPF dropped to $17 billion allocations would be halted until the fund amount increased. Between 2016 and 2020, the average year-end market value for the fund was $18 billion.[3][6]
Constitutional Amendment 1 defined early childhood education as "nonsectarian and nondenominational education for children until they are eligible for kindergarten."[3]
In addition to being approved by state voters, the amendment would also have to be approved by U.S. Congress because the LGPF was established by federal law and early childhood education is not specified in that law.[3]
Text of measure
Ballot title
The ballot title was as follows:[7]
| “ | Proposing an amendment to Article 12, Section 7 of the constitution of New Mexico to provide for additional annual distributions of the permanent school fund for enhanced instruction for students at risk of failure, extending the school year, teacher compensation and early childhood education; Requiring congressional approval for distributions for early childhood education.[8] | ” |
Constitutional changes
- See also: Article XII, New Mexico Constitution
Constitutional Amendment 1 amended Section 7 of Article XII of the New Mexico Constitution. The following underlined text was added and struck-through text was deleted:[3]
Note: Use your mouse to scroll over the below text to see the full text.
Text of Section 7: Investment of Permanent School Fund A. As used in this section, " B. The C. In making investments, the state investment officer, under the supervision of the state investment council, shall invest and manage the D. The legislature may establish criteria for investing the
E. All additions to the F. G. In addition to the annual
H. Unless suspended pursuant to Subsection G or J of this section, the additional distribution from the permanent school fund provided for in Subsection G of this section shall be as follows and as provided by law:
I. As used in this section, "early childhood education" means nonsectarian and nondenominational education for children until they are eligible for kindergarten. J.The legislature, by a three-fifths’ vote of the members elected to each house, may suspend any additional distribution provided for in Subsection G of this section.[8] |
Full text
The full text can be read here.
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 19, and the FRE is 7. The word count for the ballot title is 51.
Support
Vote Yes for Kids led the campaign in support of Constitutional Amendment 1.[9]
Supporters
Officials
- State Rep. Jacob Candelaria (Independent)
- State Rep. Leo Jaramillo (D)
- State Rep. Pete Campos (D)
- State Rep. Georgene Louis (D)
- State Rep. Antonio Maestas (D)
- State Rep. Javier Martínez (D)
- State Rep. Elizabeth Thomson (D)
- State Land Commissioner Stephanie Garcia Richard (D)
Organizations
- CHI St. Joseph’s Children
- Center for Civic Policy
- Nava Education Project
- New Mexico Voices for Children
- Partnership for Community Action
- Save the Children Action Network
Arguments
Opposition
Opponents
Officials
- State Rep. William Sharer (R)
Arguments
Campaign finance
Ballotpedia identified two committees registered in support of Constitutional Amendment 1—Vote Yes for Kids and Yes on the Children's Amendment. The committees reported $5.8 million in cash and in-kind contributions.[10]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $4,444,691.76 | $1,409,419.43 | $5,854,111.19 | $4,198,474.11 | $5,607,893.54 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[10]
| Committees in support of Constitutional Amendment 1 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Vote Yes for Kids | $2,700,576.76 | $1,409,419.43 | $4,109,996.19 | $2,454,359.11 | $3,863,778.54 |
| Yes on the Childrens Amendment | $1,744,115.00 | $0.00 | $1,744,115.00 | $1,744,115.00 | $1,744,115.00 |
| Total | $4,444,691.76 | $1,409,419.43 | $5,854,111.19 | $4,198,474.11 | $5,607,893.54 |
Donors
The following were the top donors who contributed to the support committees.[10]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| National Education Association | $1,730,000.00 | $0.00 | $1,730,000.00 |
| Impact Fellows Fund | $500,000.00 | $0.00 | $500,000.00 |
| Organizers in the Land of Enchantment | $0.00 | $464,527.12 | $464,527.12 |
| CHI St Josephs Children | $353,000.00 | $16,703.55 | $369,703.55 |
| Heising Simons Action Fund | $300,000.00 | $0.00 | $300,000.00 |
Media editorials
- See also: 2022 ballot measure media endorsements
Ballotpedia identified the following media editorial boards as taking positions on the initiative.
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Ballotpedia has not identified any media editorials in support of Constitutional Amendment 1.
Opposition
Polls
- See also: 2022 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| New Mexico Constitutional Amendment 1, Land Grant Permanent Fund Distribution for Early Childhood Education Amendment (2022) | ||||||
|---|---|---|---|---|---|---|
| Research & Polling Inc. | 8/19/2022-8/25/2022 | 518 LV | ± 4.3% | 69% | 15% | 16% |
| Question: "Do you support or oppose the proposed constitutional amendment that would distribute more money from New Mexico’s Land Grant Permanent School Fund to be used for early childhood education, teacher compensation and K-12 education programs?" | ||||||
| Note: LV is likely voters, RV is registered voters, and EV is eligible voters. | ||||||
Background
Land Grant Permanent Fund
The LGPF is also known as the Permanent School Fund. Revenue in the LGPF comes from leases and royalties on non-renewable natural resources, such as oil and gas, and returns on invested capital. It was established when New Mexico became a state in 1912. The New Mexico State Land Office, which is under the New Mexico Commissioner of Public Lands, oversees the collection of revenue from leases and royalties. The fund is managed and invested by the 11-member State Investment Council.[4]
At the end of calendar year 2021, the fund was valued at $25.8 billion.[11][5]
Beneficiaries of the fund
In fiscal year 2020, the 21 beneficiaries of the Land Grant Permanent Fund received over $784 million.[5]
Click show to expand the table displaying beneficiaries and distributions of the Land Grant Permanent Fund.
| Land Grant Permanent Fund (Fiscal year ending June 30, 2020) | |||
|---|---|---|---|
| Beneficiary | Distribution received from fund | Percent of fund | |
| Common Schools | $673,464,813.74 | 86.127% | |
| University of New Mexico | $9,629,654.90 | 1.202% | |
| UNM Saline Lands | $334,269.02 | 0.041% | |
| New Mexico State University | $2,979,812.64 | 0.369% | |
| Western New Mexico University | $176,625.95 | 0.022% | |
| New Mexico Highlands University | $175,740.18 | 0.022% | |
| Northern New Mexico College | $143,412.40 | 0.018% | |
| Eastern New Mexico University | $545,433.72 | 0.067% | |
| New Mexico Institute of Mining and Technology | $1,354,463.88 | 0.168% | |
| New Mexico Military Institute | $22,850,357.37 | 2.859% | |
| New Mexico Boys School | $37,865.57 | 0.005% | |
| DHI Miners Hospital | $6,269,788.23 | 0.778% | |
| New Mexico State Hospital | $2,627,216.94 | 0.333% | |
| New Mexico State | $13,784,275.89 | 1.726% | |
| New Mexico School for the Deaf | $13,636,919.47 | 1.703% | |
| New Mexico School for the Blind & Visually Impaired | $13,609,784.47 | 1.699% | |
| Charitable Penal & Reform | $5,556,064.34 | 0.689% | |
| Water Reservoir | $6,968,761.94 | 0.863% | |
| Improve Rio Grande | $1,556,192.09 | 0.193% | |
| Public Buildings Capital | $8,538,919.86 | 1.114% | |
| Carrie Tingley | $9,547.40 | 0.001% | |
| Total | $784,249,920.00 | ||
The Ferguson Act (1898)
The United States Congress passed the Ferguson Act in 1898. The act authorized sections 16 and 36 of every township or other lands in lieu of those designated but occupied by Native American tribes to be leased for the benefit of public schools. The act also allocated 5% of the revenue from the sale of public lands "to be used as a permanent fund, the interest of which shall only be expended for the support of the common schools within said territory." The Public Land Board composed of the public lands commissioner, territorial governor, and territorial solicitor general designated the beneficiaries of the land.[12]
The Enabling Act (1910)
The Enabling Act was passed in 1910. The act granted sections 2 and 32 in every township to the territory of New Mexico “for the support of common schools.” It also gave 1 million acres to the territory and required 5% of any subsequent sale or lease of public lands in New Mexico after it became a state to be deposited into the permanent school fund.
Congressional authorization
Since the Land Grant Permanent Fund was created by the federal government, New Mexico needs congressional approval to increase the amount distributed from the fund as well as voter approval. On December 10, 2021, Democratic U.S. Senators Martin Heinrich and Ben Ray Luján and two Democratic U.S. Representatives Melanie Stansbury and Teresa Leger Fernandez announced the introduction of a bill to increase the amount that can be withdrawn from the fund.[13]
Ballotpedia has tracked three ballot measures related to the Land Grant Permanent Fund. All three were approved.
- New Mexico Amendment 5 (2014): Allowed more than 15% of the fund to be invested in international securities; provided for the investment and management of the fund in accordance with the Uniform Prudent Investor Act; and raised the reserve required to be maintained in the fund from $5.8 billion to $10 billion
- New Mexico Amendment 2 (2003): Increased the distribution from 4.7% to 5% from the state's permanent funds to bolster funding for the state's public school districts and allowed for a limited additional increase up to 5.8% between 2006 and 2012 and up to 5.5% between 2013 and 2016
- New Mexico Amendment 1 (1996): Limited distributions of state permanent funds and allowed diversification of investments
Education funding ballot measures in 2022
Five ballot measures related to education funding were certified for the 2022 ballot in five states.
| State | Measure | Description | Outcome |
|---|---|---|---|
| California | Proposition 28, Art and Music K-12 Education Funding Initiative | Requires funding for K-12 art and music education | |
| Colorado | Reduce Income Tax Deduction Amounts to Fund School Meals Program Measure | Reduces the allowable state income tax deduction amounts; creates and funds the Healthy School Meals for All Program | |
| Idaho | Income and Corporate Tax Changes and Education Funding Advisory Question | Advising the legislature to enact a flat income and corporate tax rate structure, send tax rebates to qualifying taxpayers, and dedicate $400 million annually to education | |
| Massachusetts | Question 1, Tax on Income Above $1 Million for Education and Transportation Amendment | Creates a 4% tax on incomes that exceed $1 million for education and transportation purposes | |
| New Mexico | Constitutional Amendment 1, Land Grant Permanent Fund Distribution for Early Childhood Education Amendment | Funds devoted to early childhood programs from the Land Grant Permanent Fund | |
Path to the ballot
See also: Amending the New Mexico Constitution
In New Mexico, both chambers of the New Mexico State Legislature need to approve a constitutional amendment by a simple majority during one legislative session to refer the amendment to the ballot for voter consideration.
This amendment was introduced as House Joint Resolution 1 on January 19, 2021. On February 12, 2021, the state House passed HJR 1 in a vote of 44-23 with three absent. On March 18, 2021, the state Senate passed an amended version in a vote of 26-16. The vote was along party lines, except Sen. Bill G. Tallman was the only Democrat to vote against the amendment. The state House concurred on March 19. The state House vote details listed below are from the House floor vote prior to the amendment.[1]
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How to cast a vote
See also: Voting in New Mexico
Click "Show" to learn more about voter registration, identification requirements, and poll times in New Mexico.
| How to cast a vote in New Mexico | |||||
|---|---|---|---|---|---|
Poll timesIn New Mexico, all polls are open from 7:00 a.m. to 7:00 p.m. Mountain Time on Election Day. An individual who is in line at the time polls close must be allowed to vote.[14] Registration requirements
To register to vote in New Mexico, each applicant must be a citizen of the United States, a resident of New Mexico, and at least 18 years old by the time of the next election. People convicted of a felony are eligible to vote after their prison time is completed, even if they are still on probation, parole, or another form of supervised release. Individuals who have been declared mentally incapacitated may not register to vote.[15] Potential New Mexico voters who were not registered automatically may use the New Mexico voter registration form or national voter registration form to register. Completed registration materials may be mailed or delivered by hand to election officials. First-time applicants by mail must attach a valid form of identification to their registration materials. Registration can also be completed online.[15] Automatic registrationNew Mexico allows automatic voter registration. Eligible voters are automatically registered to vote when they interact with a department of motor vehicles unless they opt out.[16][17] Online registration
New Mexico has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationNew Mexico allows same-day voter registration.[18][19] Residency requirementsIn New Mexico, individuals can register to vote as soon as they become residents of the state. Verification of citizenshipNew Mexico does not require proof of citizenship for voter registration. Verifying your registrationThe New Mexico Secretary of State’s Office allows residents to check their voter registration status online by visiting this website. Voter ID requirementsNew Mexico does not require voters to present identification while voting, in most cases. However, if an individual registered to vote for the first time by mail and did not provide verification of his or her identity then, the voter will have to show identification.[20] Those voters can present the following forms of identification:
Some municipalities require identification when voting in local elections. Click here for more information. | |||||
See also
External links
Support |
OppositionSubmit links to editor@ballotpedia.org. |
Footnotes
- ↑ 1.0 1.1 1.2 New Mexico State Legislature, "HJR 1," accessed February 15, 2021
- ↑ Source NM, "New Mexicans voted for more public education money. But Congress has to allow it first.," December 12, 2022
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 New Mexico Legislature, "HJR 1 Text," accessed February 15, 2021
- ↑ 4.0 4.1 4.2 New Mexico State Investment Council, "Land Grant Permanent Fund," accessed March 9, 2017
- ↑ 5.0 5.1 5.2 New Mexico State Legislature, "Legislative Education Study Committee," accessed March 22, 2021
- ↑ New Mexico Political Report, "In landmark vote, effort to increase early childhood education, K-12 funds passes Senate," March 18, 2021
- ↑ New Mexico Secretary of State, "Statewide Constitutional Amendments and General Obligation Bonds," accessed September 2, 2022
- ↑ 8.0 8.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Vote Yes for Kids, "Home," accessed April 14, 2022
- ↑ 10.0 10.1 10.2 Campaign Finance Information System, "Vote Yes for Kids," accessed April 14, 2022
- ↑ Albuquerque Journal, "Permanent funds generate record-high $1.3B for NM," January 25, 2022
- ↑ New Mexico State Legislature, "State Land Trust," accessed April 5, 2021
- ↑ Columbus Telegram, "New Mexico asks federal permission for child spending," December 15, 2021
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 12.1", accessed April 28, 2023
- ↑ 15.0 15.1 New Mexico Secretary of State, “Voter Registration Information,” accessed April 28, 2023
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.2", accessed April 28, 2023
- ↑ Office of the Governor, "Gov. Lujan Grisham enacts same-day, automated voter registration," March 27, 2019
- ↑ New Mexico Compilation Commission, "New Mexico Statutes - Chapter 1, Article 1-4-5.7", accessed April 28, 2023
- ↑ The NM Political Report, “Gov. signs same-day voter registration bill,” March 27, 2019
- ↑ New Mexico Secretary of State, "Voting," accessed April 28, 2023
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