HOUSE RESOLUTION 1

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Stefani Lord and John Block

 

 

 

 

 

A RESOLUTION

CONSTITUTING ARTICLES OF IMPEACHMENT OF MICHELLE LUJAN GRISHAM, GOVERNOR; BEING A RECITATION OF THE ARTICLES OF IMPEACHMENT 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 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 department of homeland security and emergency management 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 cities and counties and subject to certain exceptions relating to use of firearms on private property, on the premises of licensed firearms dealers or gunsmiths, firing ranges or sports shooting competitions; and

     WHEREAS, at Michelle Lujan Grisham's direction, anyone 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 directs the department of public safety to "coordinate with local law enforcement agencies and district attorneys' offices and assist in apprehension of individuals with outstanding arrest warrants"; and

     WHEREAS, the public health order directs 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 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 has abridged the fundamental rights of law-abiding New Mexico citizens under the second amendment to the United State 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

     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, IN THE NAME OF ITSELF AND ALL OF THE PEOPLE OF THE STATE OF NEW MEXICO, that Michelle Lujan Grisham, governor, be impeached on each of the following Articles of Impeachment:

ARTICLE I:

     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 II:

     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 III:

     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 IV:

     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 V:

     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 VI:

     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 VII:

     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 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 VIII:

     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 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; and

     BE IT FURTHER RESOLVED that the speaker of the house of representatives be directed to appoint a select group of six members, no more than three of whom are of the same political party, to inform the senate of the passage of these articles and to serve as house managers to prosecute Michelle Lujan Grisham on the foregoing articles in the name of the house of representatives and the people of this state; and

     BE IT FURTHER RESOLVED that the house managers be authorized to retain staff, including special counsel and investigators, as necessary and within the limitations of funding as authorized by law, to assist in prosecuting these articles of impeachment; and

     BE IT FURTHER RESOLVED that the house of representatives support and request that the senate support the passage of laws granting the house managers authority to issue subpoenas in the name of the house of representatives to facilitate the work of the house managers and to support the conduct of the trial upon these articles in the senate; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council be requested to authorize the house managers to meet in the interim as necessary to carry out their duties.

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