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HOUSE RESOLUTION 3
57
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2025
INTRODUCED BY
Stefani Lord and John Block
A RESOLUTION
CONSTITUTING ARTICLES OF IMPEACHMENT OF MICHELLE LUJAN GRISHAM,
GOVERNOR; BEING A RECITATION OF THE GROUNDS UPON WHICH THE
HOUSE OF REPRESENTATIVES FINDS THAT MICHELLE LUJAN GRISHAM HAS
COMMITTED ACTS THAT WARRANT IMPEACHMENT AND TRIAL IN THE SENATE
PURSUANT TO SECTIONS 35 AND 36 OF ARTICLE 4 OF THE CONSTITUTION
OF NEW MEXICO; PROVIDING FOR NOTICE OF IMPEACHMENT AND THE
PROSECUTION OF IMPEACHMENT.
WHEREAS, Michelle Lujan Grisham was elected to the
position of governor on November 6, 2018 for a term of four
years; and
WHEREAS, Michelle Lujan Grisham was reelected to the
position of governor on November 8, 2022 for another four-year
term; and
WHEREAS, Michelle Lujan Grisham first took the oath of
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office of governor on January 1, 2019 and again for her second
term on January 1, 2023; and
WHEREAS, on September 7, 2023, Michelle Lujan Grisham
issued Executive Order 2023-130, declaring a state of public
health emergency due to gun violence effective through October
6, 2023; and
WHEREAS, in Executive Order 2023-130, Michelle Lujan
Grisham directed the department of health, the homeland
security and emergency management department and the department
of public safety to immediately begin collaborating with her
office "to provide an effective and coordinated response to
this public health emergency"; and
WHEREAS, in the same executive order, she directed all
political subdivisions of the state to comply with and enforce
all directives pursuant to the order; and
WHEREAS on September 8, 2023, Patrick Allen, secretary of
health, as directed by the governor, issued a public health
order prohibiting any person, other than a law enforcement
officer or licensed security officer, from possessing a
firearm, "either openly or concealed", within certain
municipalities and counties and subject to certain exceptions
relating to use of firearms on private property or on the
premises of licensed firearms dealers or gunsmiths, firing
ranges or sports shooting competitions; and
WHEREAS, at Michelle Lujan Grisham's direction, anyone
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carrying a firearm in contravention of the public health order
"may be subject to civil and administrative penalties available
at law"; and
WHEREAS, the public health order directed the department
of public safety to "coordinate with local law enforcement
agencies and district attorneys' offices and assist in
apprehension of persons with outstanding arrest warrants"; and
WHEREAS, the public health order directed the department
of public safety to "dispatch additional officers and resources
to Bernalillo county and work with the Albuquerque police
department and Bernalillo county sheriff to determine the best
use of those resources"; and
WHEREAS, on September 13, 2023, a federal judge issued a
temporary restraining order against the firearm prohibition
imposed in the public health order; and
WHEREAS, on September 15, 2023, Michelle Lujan Grisham
directed that the public health order be modified, but still
applied a prohibition on the carrying of firearms, "either
openly or concealed", within certain public spaces; and
WHEREAS, Article 2, Section 1 of the constitution of New
Mexico recognizes that "the state of New Mexico is an
inseparable part of the federal union, and the constitution of
the United States is the supreme law of the land"; and
WHEREAS, the second amendment to the United States
constitution provides that "a well regulated militia, being
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necessary to the security of a free state, the right of the
people to keep and bear arms, shall not be infringed"; and
WHEREAS, Article 2, Section 6 of the constitution of New
Mexico provides that "[n]o law shall abridge the right of the
citizen to keep and bear arms for security and defense, for
lawful hunting and recreational use and for other lawful
purposes, but nothing herein shall be held to permit the
carrying of concealed weapons. No municipality or county shall
regulate, in any way, an incident of the right to keep and bear
arms."; and
WHEREAS, by her issuance of Executive Order 2023-130 and
her direction to issue the September 8, 2023 public health
order, Michelle Lujan Grisham abridged the fundamental rights
of law-abiding New Mexico citizens under the second amendment
to the United States constitution and Article 2, Section 6 of
the constitution of New Mexico; and
WHEREAS, Michelle Lujan Grisham's actions are in
contravention to her oath of office, in which she swore to
support the constitution and the laws of the state and to
faithfully and impartially discharge the duties of her office;
and
WHEREAS, Article 4, Section 36 of the constitution of New
Mexico provides, in pertinent part, that all state officers
"shall be liable to impeachment for crimes, misdemeanors and
malfeasance in office"; and
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WHEREAS, Article 4, Section 35 of the constitution of New
Mexico vests the sole power of impeachment with the house of
representatives, by which a majority vote of all members
elected may impeach a state officer, who shall than be tried by
the senate;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES OF THE STATE OF NEW MEXICO that by such
conduct, Governor Michelle Lujan Grisham warrants impeachment
and trial, removal from office and disqualification to hold any
office of honor, trust or profit or to vote under the laws of
the state; and
BE IT FURTHER RESOLVED that Michelle Lujan Grisham,
governor, be impeached on each of the following Articles of
Impeachment:
ARTICLE 1
Michelle Lujan Grisham violated Article 2, Section 6 of
the constitution of New Mexico by issuing Executive Order
2023-130 and directing issuance of the September 8, 2023 public
health order; and
ARTICLE 2
Michelle Lujan Grisham directed modification of the
September 8, 2023 public health order in a manner that
continued to violate Article 2, Section 6 of the constitution
of New Mexico; and
ARTICLE 3
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Michelle Lujan Grisham violated the second amendment to
the United States constitution by issuing Executive Order
2023-130 and directing issuance of the September 8, 2023 public
health order; and
ARTICLE 4
Michelle Lujan Grisham directed modification of the
September 8, 2023 public health order in a manner that
continued to violate the second amendment to the United States
constitution; and
ARTICLE 5
Michelle Lujan Grisham inappropriately used the public
health emergency process established pursuant to the Public
Health Emergency Response Act and the All Hazard Emergency
Management Act to strip citizens of their constitutional rights
to keep and bear arms; and
ARTICLE 6
Michelle Lujan Grisham misused public resources entrusted
to her by directing the department of public safety to enforce
the provisions of the unconstitutional public health order as
it was issued on September 8, 2023 and as it was further
modified on September 15, 2023; and
ARTICLE 7
Michelle Lujan Grisham coerced political subdivisions to
engage in conduct that is contrary to rights established in
Article 2, Section 6 of the constitution of New Mexico or the
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second amendment to the United States constitution by requiring
all political subdivisions to comply with and enforce all
directives issued pursuant to Executive Order 2023-130; and
ARTICLE 8
Michelle Lujan Grisham abused the public trust and the
confidence placed in her by the people through the acts
described in these articles; and
BE IT FURTHER RESOLVED that the chief clerk of the house
of representatives shall forthwith provide notice of
impeachment to Governor Michelle Lujan Grisham, by the service
of this resolution which hereby includes the constitutional
command that pursuant to Article 4, Section 36 of the
constitution, she shall no longer "exercise any power or duties
of [her] office...until [she] is acquitted" by the senate.
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