In 2020, voters approved a change to the New Mexico State Constitution that removed the power of voters to choose their representative on the Public Regulatory Commission. Now, as the change prepares to come into effect, three Indigenous women-operated nonprofits filed a petition to the NM Supreme Court, asking for the court to rule the change as unconstitutional.
The petition was filed on September 12. The three nonprofits, Indigenous Lifeways, New Mexico Social Justice and Equity Institute and Three Sisters Collective are stating that voters did not have sufficient information about how the change would strip them of their right to elect members to the PRC. According to the three nonprofits, the amendment strips away voter’s “constitutional right and power to elect” commissioners on the board. The groups call the text of the amendment “misleading,” with “bait and switch” wording. Sarah Shore, attorney for the petitioners, said voters were not aware of the consequences that would follow from passing this amendment. “It’s really the little guy that this amendment affected and disenfranchised,” she said. The groups were able to send this order to the NM Supreme Court – all this time after the election – because the amendment does not take effect until January 1, 2023. If the petition is successful, there are policies in place that would allow for a temporary appointment of commissioners until a special election can be held to fill the seats. Cibola County’s Public Regulation Commissioner is Theresa Becenti Aguilar, she serves all of northwestern New Mexico and is from Coyote Canyon, N.M., in McKinley County.
An appointed commission is going to select the new members of the commission, if this lawsuit fails. The petitioning groups have said they are concerned about New Mexicans and Indigenous groups losing their right to vote.