New Mexico 2025 Regular Session

New Mexico House Bill HR3 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE RESOLUTION 3
29	29	57
30	30	TH LEGISLATURE
31	31	- STATE OF NEW MEXICO -
32	32	FIRST SESSION
33	33	, 2025
34	34	INTRODUCED BY
35	35	Stefani Lord and John Block
36	36	A RESOLUTION
37	37	CONSTITUTING ARTICLES OF IMPEACHMENT OF MICHELLE LUJAN GRISHAM,
38	38	GOVERNOR; BEING A RECITATION OF THE GROUNDS UPON WHICH THE
39	39	HOUSE OF REPRESENTATIVES FINDS THAT MICHELLE LUJAN GRISHAM HAS
40	40	COMMITTED ACTS THAT WARRANT IMPEACHMENT AND TRIAL IN THE SENATE
41	41	PURSUANT TO SECTIONS 35 AND 36 OF ARTICLE 4 OF THE CONSTITUTION
42	42	OF NEW MEXICO; PROVIDING FOR NOTICE OF IMPEACHMENT AND THE
43	43	PROSECUTION OF IMPEACHMENT.
44	44	WHEREAS, Michelle Lujan Grisham was elected to the
45	45	position of governor on November 6, 2018 for a term of four
46	46	years; and
47	47	WHEREAS, Michelle Lujan Grisham was reelected to the
48	48	position of governor on November 8, 2022 for another four-year
49	49	term; and
50	50	WHEREAS, Michelle Lujan Grisham first took the oath of
51	51	.229861.1 underscored material = new
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78	78	office of governor on January 1, 2019 and again for her second
79	79	term on January 1, 2023; and
80	80	WHEREAS, on September 7, 2023, Michelle Lujan Grisham
81	81	issued Executive Order 2023-130, declaring a state of public
82	82	health emergency due to gun violence effective through October
83	83	6, 2023; and
84	84	WHEREAS, in Executive Order 2023-130, Michelle Lujan
85	85	Grisham directed the department of health, the homeland
86	86	security and emergency management department and the department
87	87	of public safety to immediately begin collaborating with her
88	88	office "to provide an effective and coordinated response to
89	89	this public health emergency"; and
90	90	WHEREAS, in the same executive order, she directed all
91	91	political subdivisions of the state to comply with and enforce
92	92	all directives pursuant to the order; and
93	93	WHEREAS on September 8, 2023, Patrick Allen, secretary of
94	94	health, as directed by the governor, issued a public health
95	95	order prohibiting any person, other than a law enforcement
96	96	officer or licensed security officer, from possessing a
97	97	firearm, "either openly or concealed", within certain
98	98	municipalities and counties and subject to certain exceptions
99	99	relating to use of firearms on private property or on the
100	100	premises of licensed firearms dealers or gunsmiths, firing
101	101	ranges or sports shooting competitions; and
102	102	WHEREAS, at Michelle Lujan Grisham's direction, anyone
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131	131	carrying a firearm in contravention of the public health order
132	132	"may be subject to civil and administrative penalties available
133	133	at law"; and
134	134	WHEREAS, the public health order directed the department
135	135	of public safety to "coordinate with local law enforcement
136	136	agencies and district attorneys' offices and assist in
137	137	apprehension of persons with outstanding arrest warrants"; and
138	138	WHEREAS, the public health order directed the department
139	139	of public safety to "dispatch additional officers and resources
140	140	to Bernalillo county and work with the Albuquerque police
141	141	department and Bernalillo county sheriff to determine the best
142	142	use of those resources"; and
143	143	WHEREAS, on September 13, 2023, a federal judge issued a
144	144	temporary restraining order against the firearm prohibition
145	145	imposed in the public health order; and
146	146	WHEREAS, on September 15, 2023, Michelle Lujan Grisham
147	147	directed that the public health order be modified, but still
148	148	applied a prohibition on the carrying of firearms, "either
149	149	openly or concealed", within certain public spaces; and
150	150	WHEREAS, Article 2, Section 1 of the constitution of New
151	151	Mexico recognizes that "the state of New Mexico is an
152	152	inseparable part of the federal union, and the constitution of
153	153	the United States is the supreme law of the land"; and
154	154	WHEREAS, the second amendment to the United States
155	155	constitution provides that "a well regulated militia, being
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184	184	necessary to the security of a free state, the right of the
185	185	people to keep and bear arms, shall not be infringed"; and
186	186	WHEREAS, Article 2, Section 6 of the constitution of New
187	187	Mexico provides that "[n]o law shall abridge the right of the
188	188	citizen to keep and bear arms for security and defense, for
189	189	lawful hunting and recreational use and for other lawful
190	190	purposes, but nothing herein shall be held to permit the
191	191	carrying of concealed weapons. No municipality or county shall
192	192	regulate, in any way, an incident of the right to keep and bear
193	193	arms."; and
194	194	WHEREAS, by her issuance of Executive Order 2023-130 and
195	195	her direction to issue the September 8, 2023 public health
196	196	order, Michelle Lujan Grisham abridged the fundamental rights
197	197	of law-abiding New Mexico citizens under the second amendment
198	198	to the United States constitution and Article 2, Section 6 of
199	199	the constitution of New Mexico; and
200	200	WHEREAS, Michelle Lujan Grisham's actions are in
201	201	contravention to her oath of office, in which she swore to
202	202	support the constitution and the laws of the state and to
203	203	faithfully and impartially discharge the duties of her office;
204	204	and
205	205	WHEREAS, Article 4, Section 36 of the constitution of New
206	206	Mexico provides, in pertinent part, that all state officers
207	207	"shall be liable to impeachment for crimes, misdemeanors and
208	208	malfeasance in office"; and
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237	237	WHEREAS, Article 4, Section 35 of the constitution of New
238	238	Mexico vests the sole power of impeachment with the house of
239	239	representatives, by which a majority vote of all members
240	240	elected may impeach a state officer, who shall than be tried by
241	241	the senate;
242	242	NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
243	243	REPRESENTATIVES OF THE STATE OF NEW MEXICO that by such
244	244	conduct, Governor Michelle Lujan Grisham warrants impeachment
245	245	and trial, removal from office and disqualification to hold any
246	246	office of honor, trust or profit or to vote under the laws of
247	247	the state; and
248	248	BE IT FURTHER RESOLVED that Michelle Lujan Grisham,
249	249	governor, be impeached on each of the following Articles of
250	250	Impeachment:
251	251	ARTICLE 1
252	252	Michelle Lujan Grisham violated Article 2, Section 6 of
253	253	the constitution of New Mexico by issuing Executive Order
254	254	2023-130 and directing issuance of the September 8, 2023 public
255	255	health order; and
256	256	ARTICLE 2
257	257	Michelle Lujan Grisham directed modification of the
258	258	September 8, 2023 public health order in a manner that
259	259	continued to violate Article 2, Section 6 of the constitution
260	260	of New Mexico; and
261	261	ARTICLE 3
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290	290	Michelle Lujan Grisham violated the second amendment to
291	291	the United States constitution by issuing Executive Order
292	292	2023-130 and directing issuance of the September 8, 2023 public
293	293	health order; and
294	294	ARTICLE 4
295	295	Michelle Lujan Grisham directed modification of the
296	296	September 8, 2023 public health order in a manner that
297	297	continued to violate the second amendment to the United States
298	298	constitution; and
299	299	ARTICLE 5
300	300	Michelle Lujan Grisham inappropriately used the public
301	301	health emergency process established pursuant to the Public
302	302	Health Emergency Response Act and the All Hazard Emergency
303	303	Management Act to strip citizens of their constitutional rights
304	304	to keep and bear arms; and
305	305	ARTICLE 6
306	306	Michelle Lujan Grisham misused public resources entrusted
307	307	to her by directing the department of public safety to enforce
308	308	the provisions of the unconstitutional public health order as
309	309	it was issued on September 8, 2023 and as it was further
310	310	modified on September 15, 2023; and
311	311	ARTICLE 7
312	312	Michelle Lujan Grisham coerced political subdivisions to
313	313	engage in conduct that is contrary to rights established in
314	314	Article 2, Section 6 of the constitution of New Mexico or the
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343	343	second amendment to the United States constitution by requiring
344	344	all political subdivisions to comply with and enforce all
345	345	directives issued pursuant to Executive Order 2023-130; and
346	346	ARTICLE 8
347	347	Michelle Lujan Grisham abused the public trust and the
348	348	confidence placed in her by the people through the acts
349	349	described in these articles; and
350	350	BE IT FURTHER RESOLVED that the chief clerk of the house
351	351	of representatives shall forthwith provide notice of
352	352	impeachment to Governor Michelle Lujan Grisham, by the service
353	353	of this resolution which hereby includes the constitutional
354	354	command that pursuant to Article 4, Section 36 of the
355	355	constitution, she shall no longer "exercise any power or duties
356	356	of [her] office...until [she] is acquitted" by the senate.
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