Governor sets stage for showdown, broadens special session agenda

SANTA FE — Gov. Michelle Lujan Grisham is forging ahead with a crime-focused legislative special session, despite opposition from fellow Democrats and other traditional allies who question whether the governor’s package of bills would actually reduce crime rates.

The governor issued a proclamation Wednesday that authorizes nine issues for legislative debate during the special session, which starts Thursday at noon.

That list includes emergency aid for damages caused by the South Fork and Salt fires that scorched the Ruidoso area last month, as well as funding to pay for the session, which is expected to cost at least $50,000 per day, based on recent similar sessions.

But the agenda primarily focuses on crime issues. The proposals include requiring temporary holds for certain criminal defendants deemed incompetent to stand trial, more frequent crime reports from law enforcement and enhanced criminal penalties for individuals with felony convictions who are found with guns.

Lujan Grisham had sharp words for Democratic lawmakers during a Wednesday news conference at the Capitol, saying they have had ample time to vet bills dealing with repeat offenders.

“Don’t let them tell you they don’t have enough time — they’ve had decades,” said the governor, who was flanked by police chiefs, mayors and tribal leaders from around New Mexico.

She also suggested she might consider calling lawmakers back to Santa Fe if they summarily dismiss her special session agenda, saying, “There’s a precedent for calling multiple special sessions back to back.”

After top Democratic lawmakers balked at the governor’s proposals, outgoing Sen. Mark Moores, R-Albuquerque, said Wednesday he had agreed to sponsor most of the bills.

“I’ve got this one last opportunity to try to make a dent on some of the issues that I ran on,” Moores told the Journal. “Even though some of the bills the governor is proposing are tepid, they are a step forward.”

He also said the Governor’s Office agreed to add Republican-backed proposals dealing with racketeering and penalties for fentanyl trafficking and possession as part of the back-and-forth discussions.

The Governor’s Office confirmed that Moores, who is not seeking reelection this year, would sponsor the bills, but said bipartisan cosponsors might also sign on in support.

It’s unclear how long the special session will last and whether all issues proposed by the governor’s proclamation will ultimately be debated.

Intraparty dispute could mark session

The special session is the sixth called by Lujan Grisham since she took office in 2019, but arguably the politically riskiest.

That’s because no agreement has been hammered out between the Governor’s Office and majority Democrats in the run-up to the special session.

In fact, some top-ranking lawmakers and advocacy groups say the governor’s proposals have not been thoroughly vetted and were crafted without input from impacted populations.

“We all want simple solutions,” said Rep. Christine Chandler, D-Los Alamos, during a legislative committee hearing this week. “But complex problems sometimes require complex solutions.”

Chandler, who is the House Judiciary Committee’s chairwoman, also said in a Wednesday interview that bills dealing with mental health issues would give judges less discretion and were opposed by the New Mexico Psychological Association.

“None of those bills, and certainly the mental health bills, were ready for prime time,” Chandler said.

A coalition of progressive advocacy groups, including the American Civil Liberties Union of New Mexico, called last week on the governor to scrap her plans for the special session, though that suggestion was rebuffed.

And some advocates have argued that a proposal to effectively reduce pandhandling by limiting what roadways people can loiter on would not ultimately reduce the state’s pedestrian death rate.

“Criminalizing pandhandling is not a public safety measure, but a direct attack on our unhoused population,” said Justin Allen, a community organizer in Albuquerque who said he has filmed law enforcement officers clearing out local encampments.

Political dynamics at play

Democrats enter the special session with sizable majorities in both legislative chambers.

In the House, Democrats outnumber Republicans by a 45-25 margin, meaning at least 11 Democrats would have to vote with minority Republicans in order to advance the governor’s bills.

And there’s no guarantee that all Republicans will back the governor’s agenda.

In the Senate, Democrats hold a 27-15 edge over Republicans, meaning at least six Democrats would have to vote with Republicans in order for the bills to have a path forward.

Per the state Constitution, Lt. Gov. Howie Morales would cast the deciding vote in the Senate in the case of a tie vote.

Meanwhile, lawmakers will receive a daily $231 per diem payment that is intended to cover lodging and food expenses.

In addition, all 112 legislators and the governor are barred under state law from raising campaign funds during the special session.

The “blackout” period is intended to reduce the possibility of undue influence during legislative sessions, but it could rankle some lawmakers facing general election challenges in November.

However, Lujan Grisham said Wednesday that political factors should not sway lawmakers during the special session.

She also expressed frustration at lawmakers’ resistance to some bills dealing with crime, although Sen. Joseph Cervantes, D-Las Cruces, pointed out this week the Legislature has made several changes to the law dealing with felons in possession of firearms over the last decade.

“They don’t get to just appropriate money for soccer fields,” the governor said. “They have to do the hard work, too.”