Freedom Index

A Legislative Scorecard Based on the Principles of the U.S. Constitution

Votes


Permanent Residence for Illegal Aliens Under 21  |  HB15

HB15 allows illegal aliens under 21 years of age to apply for “Special Immigrant Juvenile (SIJ)” classification in children’s court and seek “lawful permanent residence” in the U.S. if it is in their “best interests” due to “abuse, neglect, abandonment, or similar circumstances.”   

The Senate passed HB15 on March 18, 2023, by a vote of 33 to 6. We have assigned minuses to the yeas because persons who enter the United States illegally—which, by definition, is a crime—should not be permitted sanctuary in New Mexico, let alone be regarded as eligible for “lawful permanent residence” according to “best interests of the child” legislation modeled after the United Nations Convention on the Rights of the Child. Rather than pursue a blatantly unconstitutional and anti-American policy that erodes both the rule of law and the value of citizenship, state lawmakers should use their powers reserved under the U.S. Constitution’s 10th Amendment to end the crisis of illegal immigration and provide for the public safety.  

Universal Background Checks for Firearms  |  HB306

HB306 makes it a crime for a person to purchase or transfer any firearm “for, on behalf of or at the request or demand of” another person who is a “felon” or “intends to use, carry, possess, sell, or otherwise transfer” a firearm “in furtherance of a felony or misdemeanor.”

The Senate passed HB306 on March 16, 2023, by a vote of 28 to 10. We have assigned pluses to the nays because this bill effectively requires a background check for every firearm purchase or transfer, without any exception for gifts or family members. Moreover, it does not contain a time limit for prosecution or differentiate between a “felon” convicted of a violent capital or first-degree crime (e.g., murder or rape) and persons guilty of lesser fourth-degree offenses (e.g., theft or possession of illegal drugs). Law-abiding citizens, including those who have made just restitution for their past wrongs, need their Constitutional rights restored. The Second Amendment guarantees that “the right of the people to keep and bear Arms, shall not be infringed,” whereas the Fifth and the 14th Amendments prevent “any State” from depriving or denying “any person” of their “life, liberty, or property, without due process of law.”

Permanent Residence for Illegal Aliens Under 21  |  HB15

HB15 allows illegal aliens under 21 years of age to apply for “Special Immigrant Juvenile (SIJ)” classification in children’s court and seek “lawful permanent residence” in the U.S. if it is in their “best interests” due to “abuse, neglect, abandonment, or similar circumstances.”   

The House passed HB15 on March 12, 2023, by a vote of 64 to 0. We have assigned minuses to the yeas because persons who enter the United States illegally—which, by definition, is a crime—should not be permitted sanctuary in New Mexico, let alone be regarded as eligible for “lawful permanent residence” according to “best interests of the child” legislation modeled after the United Nations Convention on the Rights of the Child. Rather than pursue a blatantly unconstitutional and anti-American policy that erodes both the rule of law and the value of citizenship, state lawmakers should use their powers reserved under the U.S. Constitution’s 10th Amendment to end the crisis of illegal immigration and provide for the public safety.  

“Free” School Meals  |  SB4

SB4, the “Healthy Hunger-Free Students’ Bill of Rights Act,” expands “free” meals to all public, charter, and private school students attending schools that participate in the national school breakfast and lunch programs.     

The House passed SB4 on March 12, 2023, by a vote of 63 to 0. We have assigned minuses to the yeas because it is not the role of government to feed or educate children; rather, each of these responsibilities belongs to a child’s parents or family. Not only does charity have no part in the duty of government, but there can be no such thing as a “free” meal that comes at “no cost.” The reality is that this type of ‘cradle-to-grave’ program relies on the unconstitutional theft of taxpayer money for use on behalf of some citizens (particularly those who have little or no tax liability) at the expense of others—resulting in more debt, dependency, and poverty. The hard-working people of New Mexico should not be forced to fund all that now entails a compulsory, failing, and state-administered K-12 school system.

Universal Background Checks for Firearms  |  HB306

HB306 makes it a crime for a person to purchase or transfer any firearm “for, on behalf of or at the request or demand of” another person who is a “felon” or “intends to use, carry, possess, sell, or otherwise transfer” a firearm “in furtherance of a felony or misdemeanor.”

The House passed HB306 on March 10, 2023, by a vote of 62 to 3. We have assigned pluses to the nays because this bill effectively requires a background check for every firearm purchase or transfer, without any exception for gifts or family members. Moreover, it does not contain a time limit for prosecution or differentiate between a “felon” convicted of a violent capital or first-degree crime (e.g., murder or rape) and persons guilty of lesser fourth-degree offenses (e.g., theft or possession of illegal drugs). Law-abiding citizens, including those who have made just restitution for their past wrongs, need their Constitutional rights restored. The Second Amendment guarantees that “the right of the people to keep and bear Arms, shall not be infringed,” whereas the Fifth and the 14th Amendments prevent “any State” from depriving or denying “any person” of their “life, liberty, or property, without due process of law.”

State-Sponsored Abortion and Sex Mutilation  |  SB13

SB13 considers “reproductive health care,” such as “abortion,” as well as “gender affirming health care,” to be a “protected health care activity,” which shall not be subject to certain civil or criminal liability or professional disciplinary action.

The Senate passed SB13 on March 10, 2023, by a vote of 26 to 16. We have assigned pluses to the nays because the care of human life—not its destructionis the greatest responsibility of government. New Mexico ought to forbid all methods of abortion and prohibit the practice of sex mutilation. No person has the right to kill or harm a child using the pretext of “reproductive health” or “gender identity.” Both the Declaration of Independence and the U.S. Constitution affirm the fundamental, God-given, and unalienable right to life and limb of every person. Therefore, each of the several States has a duty to defend the basic humanity of all its citizens, especially the preborn and minors.

Medicaid for All  |  HB400

HB400 requires a study of the “Medicaid Forward” plan, which would open Medicaid coverage to every resident, regardless of income.

The House passed HB400 on March 7, 2023, by a vote of 58 to 10. We have assigned pluses to the nays because neither health care nor social welfare is the legitimate object of government. Medicaid, like other so-called ‘entitlement programs,’ is financed in large part by immoral and anti-constitutional forms of taxation (e.g., personal or corporate income taxes) that take from citizens the wages they have rightfully earned. Instead of seeking ways to create and implement a completely government-run health care system in New Mexico, the Legislature should work to rein in big government, out-of-control spending, and the reckless use taxpayer money. Medicaid is an ever-expanding and unsustainable Federal-State program that is not authorized under Article I, Section 8, of the U.S. Constitution.

“Free” School Meals  |  SB4

SB4, the “Healthy Hunger-Free Students’ Bill of Rights Act,” expands “free” meals to all public, charter, and private school students attending schools that participate in the national school breakfast and lunch programs.     

The Senate passed SB4 on March 4, 2023, by a vote of 35 to 0. We have assigned minuses to the yeas because neither feeding children nor educating them is the role of the government; rather, each of these responsibilities belongs to a child’s parents or family. Not only does charity have no part in the duty of government, but there can be no such thing as a “free” meal that comes at “no cost.” The reality is that this type of ‘cradle-to-grave’ program relies on the unconstitutional theft of taxpayer money for use on behalf of some citizens (particularly those who have little or no tax liability) at the expense of others—resulting in more debt, dependency, and poverty. The hard-working people of New Mexico should not be forced to fund all that now entails a compulsory, failing, and state-administered K-12 school system.

“Diversity Act”  |  SB226

SB226 would establish a “chief diversity officer” for New Mexico, along with a “workforce diversity and inclusion council,” and direct state agencies to address the problem of “institutional racism.”   

The Senate passed SB226 on February 28, 2023, by a vote of 27 to 10. We have assigned pluses to the nays because this bill would lead to the formation of a state-controlled and operated “diversity” police, with the intent of forcing compliance on anyone it deems “racist” (e.g., supporters of free-market capitalism or traditional marriage). At its core is the diversity, equity, and inclusion (DEI) movement, which is nothing but a modern and subtle outgrowth of efforts by earlier Marxist radicals to alter or destroy the American way of life via a ‘long march through the institutions.’ The goal is a complete disruption of our moral, social, political order so as to impose conformity on citizens and end all opposition to the welfare state—the ‘modus operandi’ of totalitarian regimes for centuries. As justice in the hands of “social justice” warriors seeking parity in every aspect of life will only lead to tyranny, defenders of liberty should reject the divisive myths and false historical narratives propagated by critical race theorists, feminists, LGBTQ+ activists, etc. Our Constitution’s Bill of Rights and the 14th Amendment, in fact, were written to promote the “general Welfare” of all Americans through “equal protection of the laws” respecting private property and freedom of association.   

No Life Sentence for Juvenile Murderers  |  SB64

SB64 eliminates life imprisonment, without release or parole, for juvenile murderers.  

The Senate passed SB64 on February 22, 2023, by a vote of 32 to 8. We have assigned pluses to the nays because justice is the overall purpose of civil government. The State of New Mexico has a dual role of securing the “unalienable” right to life, liberty, and property while punishing anyone responsible for depriving it. Young adult offenders (e.g., 16 or 17-year-olds) who have reached an age of discretion can only themselves be held accountable for their own actions. Punishment for one’s crimes must be borne by that person, and failed parenting is not an excuse for first-degree murder. The U.S. Constitution’s “due process” and “equal protection” requirements follow the Common Law retributive principle that ‘the punishment should fit the crime.’ Serious crimes, especially murder, demand capital punishment, and thus are worthy of no less than life imprisonment without release or parole.

State-Sponsored Abortion and Sex Mutilation  |  HB7

HB7 provides that state or local entities “shall not deny, restrict, or interfere” with a person’s ability to access “reproductive health care,” such as “abortion,” or “gender-affirming health care.”

The House passed HB7 on February 21, 2023, by a vote of 38 to 31. We have assigned pluses to the nays because the care of human life—not its destruction—is the greatest responsibility of government. New Mexico ought to forbid all methods of abortion and prohibit the practice of sex mutilation. No person has the right to kill or harm a child using the pretext of “reproductive health” or “gender identity.” Both the Declaration of Independence and the U.S. Constitution affirm the fundamental, God-given, and unalienable right to life and limb of every person. Therefore, each of the several States has a duty to defend the basic humanity of all its citizens, especially the preborn and minors.

“Equality New Mexico Day”  |  HM38

HM38 commemorates the “founding of equality” in New Mexico for “lesbian, gay, bisexual, transgender and queer individuals,” the validation of “same-sex marriages,” and the “defeat” of “anti-transgender bills.”

The House passed HM38 on February 8, 2023, by a vote of 47 to 14. We have assigned pluses to the nays because homosexual behavior and “same-sex marriages” should be illegal in New Mexico, not memorialized. Being contrary to the “Laws of Nature and of Nature’s God,” the grossly illicit, self-inhibiting, and unsanitary acts of sexual perversion inherent to the LGBTQ+ movement are destructive of self-government and the family—the very foundations of a free society. As with abortion, there is nothing in the U.S. Constitution that can be used to support homosexuality because true “equality” under the law means that there can be no appeal to “Life, Liberty and the pursuit of Happiness” for anyone apart from the moral sanctions set forth by “their Creator” who grants them with “certain unalienable Rights.” In other words, the positive standard established by the principles of the American Founding implies the negative prohibition. Despite what the New Mexico House of Representatives declares, no amount of commemoration can make normal or even constitutional that which truth has told us since time immemorial to abominable and shameful.

Increasing Teacher Salaries  |  SB1

SB1 increase the minimum starting pay of the state’s public school teachers by $10,000. That means starting teachers will see their pay rise to $50,000 from $40,000.

The New Mexico State Senate passed SB1 on April 5, 2022 by a vote of 31 to 0. We have assigned pluses to the nays because public education is not a constitutional right. Investing more money in a public education that is indoctrinating our children with Marxist and liberal ideas is a strong misuse of taxpayer funds. Parents should take their children out of public schools.

Increasing Teacher Salaries  |  SB1

SB1 increase the minimum starting pay of the state’s public school teachers by $10,000. That means starting teachers will see their pay rise to $50,000 from $40,000.

The New Mexico State House of Representatives passed SB1 on April 5, 2022 by a vote of 61 to 0. We have assigned pluses to the nays because public education is not a constitutional right. Investing more money in a public education that is indoctrinating our children with Marxist and liberal ideas is a strong misuse of taxpayer funds. Parents should take their children out of public schools.

General Appropriation Act  |  HB2

HB2 makes recurring general fund appropriations for fiscal year 2023 of $8.48 billion, up 13.9 percent from 2022. This includes $3.87 billion for public schools, which is a $424.9 million, or 12.3 percent, increase from the prior year.

The New Mexico State House of Representatives passed HB2 on February 3, 2022 by a vote of 56 to 8. We have assigned pluses to the nays because this budget greatly expands the size of government and invests more into the country’s failing public-school system, which is indoctrinating our children with Marxist ideology.

Clean Fuel Standard Act  |  SB14

SB14 offers tax incentives to fuel producers to encourage lower-carbon fuel production and requires fuel producers to meet certain requirements and emission caps intended to reduce air pollution from the transportation sector, which is also known as a top greenhouse gas producer alongside fossil fuels. This also bill authorizes spending of $650,000 to create a Climate Change Bureau and requires vehicles to meet a minimum 20% reduction in carbon intensity by 2030 and 30% by 2040.

The New Mexico State House of Representatives rejected SB14 on February 17, 2022 by a vote of 33 to 33. We have assigned pluses to the nays because it would lead to significant increases in fuel prices, creates more government interference in the free market and advances the Marxist climate change agenda. Businesses should have the freedom to conduct business without the government meddling in their affairs. The Declaration of Independence states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” and government interference in entrepreneurship and private business is in violation of that belief.

Opportunity Scholarship Act  |  SB140

SB140 creates a government subsidized college scholarship program. The estimated 2022 year-end balances for the funds would leave the new opportunity scholarship with $24.5 million.  This bill makes college tuition-free for most New Mexicans and establishes the most wide-reaching tuition-free scholarship program in the United States. 

The New Mexico State House of Representatives passed SB140 on February 16, 2022 by a vote of 51 to 17. We have assigned pluses to the nays because the use of taxpayer dollars to provide free college for people is a gross waste of resources. This expands the size of government and embraces Marxism by creating a socialist program. Free college is not a constitutional right.

Community Energy Efficiency Development Block Grant  |  HB37

HB37 increases the affordability of energy utilities to low-income communities by creating a program to increase energy efficiency in low-income homes. Grants established under the bill would be offered to local governments and Indigenous groups to fund such improvements for New Mexicans living in poverty.

The New Mexico State House of Representatives passed HB37 on February 5, 2022 by a vote of 44 to 24. We have assigned pluses to the nays because this is a blatant socialist program where taxpayer dollars and wealth are distributed to only benefit specific people in society.

Public Project Revolving Fund  |  SB37

SB37 appropriates $14.22 million from the public project revolving loan fund in 2023, $6.72 million to the drinking water state revolving loan fund to provide state matching funds for the federal Safe Drinking Water Act, $2.5 million to the wastewater facility construction loan fund to match funds for the federal Clean Water Act projects and $5 million to the cultural affairs facilities infrastructure fund.

The New Mexico State House of Representatives passed SB37 on February 14, 2022 by a vote of 66 to 0. We have assigned pluses to the nays because state taxpayer dollars should not be used to fund unconstitutional programs, especially if they feed into the liberal agenda.

General Appropriation Act  |  HB2

HB2 makes recurring general fund appropriations for fiscal year 2023 of $8.48 billion, up 13.9 percent from 2022. This includes $3.87 billion for public schools, which is a $424.9 million, or 12.3 percent, increase from the prior year.

The New Mexico State Senate passed HB2 on February 14, 2022 by a vote of 37 to 3. We have assigned pluses to the nays because this budget greatly expands the size of government and invests more into the country’s failing public-school system, which is indoctrinating our children with Marxist ideology.

Clean Fuel Standard Act  |  SB14

SB14 offers tax incentives to fuel producers to encourage lower-carbon fuel production and requires fuel producers to meet certain requirements and emission caps intended to reduce air pollution from the transportation sector, which is also known as a top greenhouse gas producer alongside fossil fuels. This also bill authorizes spending of $650,000 to create a Climate Change Bureau and requires vehicles to meet a minimum 20% reduction in carbon intensity by 2030 and 30% by 2040.

The New Mexico State Senate passed SB14 on February 2, 2022 by a vote of 25 to 16. We have assigned pluses to the nays because it would lead to significant increases in fuel prices, creates more government interference in the free market and advances the Marxist climate change agenda. Businesses should have the freedom to conduct business without the government meddling in their affairs. The Declaration of Independence states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” and government interference in entrepreneurship and private business is in violation of that belief.

Opportunity Scholarship Act  |  SB140

SB140 creates a government subsidized college scholarship program. The estimated 2022 year-end balances for the funds would leave the new opportunity scholarship with $24.5 million.  This bill makes college tuition-free for most New Mexicans and establishes the most wide-reaching tuition-free scholarship program in the United States. 

The New Mexico State Senate passed SB140 on February 13, 2022 by a vote of 30 to 6. We have assigned pluses to the nays because the use of taxpayer dollars to provide free college for people is a gross waste of resources. This expands the size of government and embraces Marxism by creating a socialist program. Free college is not a constitutional right.

Community Energy Efficiency Development Block Grant  |  HB37

HB37 increases the affordability of energy utilities to low-income communities by creating a program to increase energy efficiency in low-income homes. Grants established under the bill would be offered to local governments and Indigenous groups to fund such improvements for New Mexicans living in poverty.

The New Mexico State Senate passed HB37 on February 15, 2022 by a vote of 26 to 14. We have assigned pluses to the nays because this is a blatant socialist program where taxpayer dollars and wealth are distributed to only benefit specific people in society.

Public Project Revolving Fund  |  SB37

SB37 appropriates $14.22 million from the public project revolving loan fund in 2023, $6.72 million to the drinking water state revolving loan fund to provide state matching funds for the federal Safe Drinking Water Act, $2.5 million to the wastewater facility construction loan fund to match funds for the federal Clean Water Act projects and $5 million to the cultural affairs facilities infrastructure fund.

The New Mexico State Senate passed SB37 on February 1, 2022 by a vote of 33 to 0. We have assigned pluses to the nays because state taxpayer dollars should not be used to fund unconstitutional programs, especially if they feed into the liberal agenda.