Governor's deluge of executive orders making some legislators wary

SANTA FE — As she approaches her final year in office, Gov. Michelle Lujan Grisham is flexing her authority to issue executive orders at an unprecedented clip.

The governor has issued 362 orders so far this year that, combined, authorize more than $253 million in emergency spending, according to the Governor’s Office. This number exceeds the number of orders issued during Lujan Grisham’s entire first term in office, which spanned from 2019 through 2022.

More than half of the orders are targeted at recovery efforts from destructive wildfires and subsequent flooding in the Ruidoso area. Others are focused on providing state-level assistance to law enforcement agencies in the Albuquerque and Española areas.

The spike in emergency orders — and their accompanying price tag — has drawn the attention of some legislators, who say they allow the Lujan Grisham administration to largely circumvent New Mexico’s procurement code.

Rep. Rebecca Dow, R-Truth or Consequences, said the large number of executive orders also makes it difficult for the Legislature to track the flow of state dollars, as each order authorizes up to $750,000 in emergency spending.

“We have two jobs — lawmaking and appropriating,” Dow told the Journal. “We are delegating the appropriating authority to the executive branch.”

Dow, who raised the issue of the governor’s executive order spree during a recent legislative hearing, also pointed out Lujan Grisham typically controls a certain percentage of spending in the state’s annual capital outlay bill for infrastructure project funding.

Lawmakers proposed legislation during this year’s 60-day legislative session that would have essentially eliminated the need for emergency orders dealing with wildfires by creating two new state funds.

But the governor vetoed the bill, which passed both legislative chambers without a single “no” vote, saying in her veto message lawmakers didn’t provide adequate start-up funding.

Lujan Grisham did leave the door open to a possible legislative fix in 2026, however, saying, “I fully support a revamped process to fund both pre- and post-wildfire maintenance.”

The Democratic governor said Friday that executive orders are “essential tools” that allow her to act quickly when the Legislature is not in session.

“Effective orders don’t replace legislative work — they support and enhance it by ensuring productive and efficient implementation of our shared priorities,” Lujan Grisham said in a statement.

“When federal resources are delayed and local governments need immediate support to move the needle on critical issues, executive action isn’t just useful — it’s unconscionable not to act,” she added.

How the executive orders work

There is no limit in state law as to how many executive orders a governor can issue.

But the governor’s authority to set policy and authorize emergency funding by issuing executive orders became a political flashpoint during the COVID-19 pandemic.

Specifically, lawmakers launched an inquiry into whether Lujan Grisham exceeded her authority by authorizing more than $30 million in emergency spending via executive order to address pandemic-related issues, but no court challenge on the issue was ultimately filed.

In addition, past attempts to curb the governor’s authority by requiring legislative approval to extend emergency public health orders beyond 45 days were ultimately thwarted by the Democratic-controlled Legislature after the governor vowed to veto any such bills.

The money authorized by the issuance of an executive order comes from one of two different state reserve funds, according to legislative analysts. The reserve funds typically serve as a buffer of sorts in case projected revenue levels do not materialize.

Meanwhile, some of this year’s executive orders were technically issued by Lt. Gov. Howie Morales, who issued more than 30 orders as acting governor while Lujan Grisham was on a trade mission to Asia in April.

Those orders, which were issued in consultation with the Governor’s Office, were among the more than 190 orders focused on recovery efforts from flooding and wildfires that occurred last year in the Ruidoso and Roswell areas.

Possible changes on the horizon

Rep. Nathan Small, D-Las Cruces, who sponsored the vetoed wildfire fund legislation, said the bill would have been a step in the right direction toward New Mexico being more proactive in its natural disaster response efforts.

The state typically has to pay for recovery efforts in damaged areas up front, then wait for reimbursement from federal agencies in a process that can take years.

Small, the chairman of the House Appropriations and Finance Committee, also said updating the state’s system for responding to wildfires and floods will be a priority in the coming legislative sessions.

“Legislative collaboration and oversight, especially for the large amounts of public funding we’ve seen distributed in recent months, is very important,” Small told the Journal.

But with her time left in office running short, don’t expect Lujan Grisham to stop issuing executive orders anytime soon.

The governor, who is barred under the state Constitution from seeking a third consecutive term next year, indicated the orders will likely keep coming as long as she sees the need for them.

“These orders, issued responsibly and within legal authority, ensure that state government remains agile, responsive and accountable to the people we serve,” said Lujan Grisham.