A lawmaker says New Mexico's system for filling legislative vacancies is flawed. Here's how he proposes to fix it

SANTA FE — A Democratic state senator from Albuquerque plans to propose a constitutional amendment that would require special elections — rather than appointments — to fill vacancies in the Legislature.

The proposal follows a series of hotly contested appointments in Bernalillo County, where just last week Democrat Cristina Parajón was picked 4-1 to succeed retiring state Rep. Christine Trujillo, a fellow Democrat.

In an interview Monday, Sen. Antonio "Moe" Maestas said he will propose an amendment that would eliminate the "backroom" politics of appointments and allow voters to decide who fills an unexpired term.

Under the current system, a county commission makes the appointment for legislative districts that lie entirely within one county. For multi-county districts, the governor chooses from nominees forwarded by the counties.

Maestas himself went through the appointment process last year, and he said he has no objection to the recent appointees.

But the system now in place, he said, kicks off a behind-the-scenes competition to secure support for a legislative seat. In Bernalillo County, he said, the five-member commission has sometimes deferred to the commissioner who represents the district with a vacancy.

"Five people should not choose a legislator, much less three, much less one, which is the custom of the Bernalillo County Commission," Maestas said in an interview. "It's time to modernize our democracy and go to a special election."

County officials dispute that they defer to one commissioner's opinion for an appointment.

In an interview, Bernalillo County Commissioner Adriann Barboa, a Democrat, said she likes the idea of developing a more democratic process to address vacancies. But special elections may not be practical, she said, given the volume of legislative departures and the cost of holding an election.

Barboa said the county has taken steps to standardize and open up the way appointments are made.

Regardless, she said, it puts commissioners in a difficult position, as they face pressure to choose among candidates backed by competing interests.

Barboa said she would need to review the details of Maestas' proposal before taking a position on it.

Maestas, for his part, said he will introduce the measure in the 30-day legislative session that starts Jan. 16. If adopted by both chambers, it would ask voters in 2024 to amend the New Mexico Constitution to require special elections within a certain period of time — perhaps 45 days — after a legislative vacancy.

Some details, such as how to select each party's nominees to go on the special election ballot, could be handled in a follow-up bill if voters agree to amend the Constitution.

Appointments are a significant source of power for counties and the governor. In Bernalillo County alone, the commission has made 10 appointments in the last five years.

Maestas went through the process last year when he moved from one legislative chamber to the other. A longtime member of the state House, Maestas was appointed by the County Commission to succeed Sen. Jacob Candelaria, an independent who stepped down to focus on his law practice and family.