New Mexico ballot measure · November 3, 2026
New Mexico Constitutional Amendment 4, explained
Salaries for state legislators. A ballot measure is a yes-or-no question put directly to voters — no candidate is involved, and the wording on the ballot is the wording that becomes law. This page shows that wording first, then what it actually changes.
The official wordingWhat appears on the ballot. Everything below explains it.
PROPOSING TO AMEND ARTICLE 4, SECTION 10 OF THE CONSTITUTION OF NEW MEXICO TO ALLOW LEGISLATIVE COMPENSATION THAT IS LIMITED TO THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO, TO REQUIRE LEGISLATIVE COMPENSATION TO BE REDUCED IF THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO FALLS, TO ALLOW LEGISLATIVE COMPENSATION TO BE INCREASED ONLY IF THE MEDIAN HOUSEHOLD INCOME FOR NEW MEXICO RISES AND TO PROVIDE FOR DELAYED IMPLEMENTATION.
What it actually means
New Mexico is the only state whose legislators draw no salary. They get per diem — about $247 a day in Santa Fe for 2026 — mileage, and access to the state pension system, but no pay. This amendment would let the Legislature set a salary by law, capped at New Mexico's median household income, roughly $68,000 in 2026, rising and falling with that median. It would also remove the constitutional ban on legislators receiving other allowances or perquisites. Nothing would be paid until the 59th Legislature is sworn in, in 2029, so no sitting legislator would be paid under it in their current term.
If you vote YES
- The Legislature could pass a law paying each member a salary equal to New Mexico's annual median household income — about $68,000 as of 2026.
- The salary would be tied to that median: it would have to fall if the median household income falls, and could rise only if the median rises.
- The constitutional words barring "no other compensation, perquisite or allowance" would be removed, so the Legislature could also provide other benefits.
- Per diem at the federal Santa Fe rate and mileage at the federal rate would continue alongside the salary.
- Nothing takes effect until members of the 59th Legislature are seated in 2029, and the salary still has to be enacted in statute before anyone is paid.
- The amendment does not require any more days of legislative service, or restrict outside employment or outside earnings.
If you vote NO
- Article 4, Section 10 keeps its current wording: legislators receive per diem and mileage and "no other compensation, perquisite or allowance."
- New Mexico remains the only state that pays its legislators no salary; most members continue to hold outside jobs and to take 30 or 60 days off each year for the session.
- Per diem stays at the federal Santa Fe rate — about $247 a day in 2026 — with mileage at $0.725 a mile for one round trip per session and per interim meeting.
- Legislators keep their access to the state pension under the legislator coverage plan, and the district legislative aide each member has been able to hire since 2025.
- Interim committee work continues to be unpaid.
The numbers that matter
- New Mexico median household income
- About $68,000 in 2026
- New Mexico per capita annual income
- About $36,000 in 2026
- Current per diem and mileage
- About $247 a day in Santa Fe; $0.725 a mile
- Legislature size and session length
- 112 members; 60 days in odd years, 30 in even years
- Average state legislator base salary nationally
- $44,320 in 2024
- First legislature that could be paid
- The 59th, seated in 2029
New Mexico Legislative Council Service, 2026 guide to the proposed constitutional amendments; this is the cap the amendment sets
New Mexico Legislative Council Service, 2026 guide
Federal rates for 2026, as cited by the Legislative Council Service
New Mexico Legislative Council Service, 2026 guide
National Conference of State Legislatures, cited by the Legislative Council Service
Delayed implementation clause in House Joint Resolution 5 (2026)
What each side says3 for, 3 against — quoted, not summarised
Why supporters say YES
"Because legislators currently receive only per diem and mileage for their legislative service, some may have to prioritize outside employment and be less able to take time off for legislative work during the interim. Paying each legislator a salary equal to the median household income in New Mexico would give legislators the financial ability to either take more time off from their outside employment or even forego outside employment altogether."
— New Mexico Legislative Council Service, "Arguments For" in its 2026 guide to the proposed constitutional amendments
"In New Mexico, the per capita annual income in 2026 is approximately $36,000, meaning most New Mexicans cannot consider running for the legislature because they do not have the financial ability to take one or two months off from work each year and still make ends meet. Paying legislators a salary could alleviate or eliminate the current financial burden of legislative service and allow for more New Mexicans to run for seats in the legislature."
— New Mexico Legislative Council Service, "Arguments For" in its 2026 guide to the proposed constitutional amendments
"Because New Mexico legislators are subject to financial burdens that officers of the other branches are not, the legislature as a whole and its individual members are unable to dedicate the same amount of time necessary to be truly coequal with the executive and judiciary. Paying each legislator a salary would strengthen the legislature by allowing its members the financial flexibility to be more responsive to the issues of the day."
— New Mexico Legislative Council Service, "Arguments For" in its 2026 guide to the proposed constitutional amendments
Why opponents say NO
"Legislative compensation could create advantages in fundraising and campaigning for legislators who would continue receiving compensation while other candidates in primary or general elections may have to forego income from regular employment to raise funds or campaign."
— New Mexico Legislative Council Service, "Arguments Against" in its 2026 guide to the proposed constitutional amendments
"Constitutional Amendment 4 would provide legislative salaries that may be disproportionate to legislative salaries in most other states. The amendment does not require additional legislative service beyond the current minimum requirement of 30 or 60 days each year for regular sessions. Also, the amendment opens the door for additional employee-type benefits for legislative service and imposes no restrictions on outside employment or outside earnings."
— New Mexico Legislative Council Service, "Arguments Against" in its 2026 guide to the proposed constitutional amendments
The amendment leaves open what counts as "legislative service," which measure of median household income would be used, what benefits or perquisites would be allowed, how pension contributions would change, and whether per diem could be claimed for meetings in a member's own town — "issues … which may have to be addressed by subsequent legislation or constitutional amendment."
— New Mexico Legislative Council Service, "Arguments Against" in its 2026 guide to the proposed constitutional amendments
What's genuinely uncertain
- The amendment permits a salary; it does not set one. The Legislature would still have to pass a law, and could set the salary at less than the median household income or not act at all.
- Which measure of "median household income" would govern is not specified — the Council Service names the Census Bureau's Current Population Survey as one candidate but notes the amendment does not say.
- What "legislative service" covers, and therefore who would be paid for what, is undefined.
- How the amendment would interact with the existing legislator pension plan, including contribution levels, is unresolved.
- No campaign committee has registered on either side, and no fiscal impact statement for the amendment was located — the total cost depends on a salary law the Legislature has not written.
The bottom line
Whether paying legislators about $68,000 would open the job to New Mexicans who cannot now afford it, or mainly pay incumbents more for the same 30 or 60 days while leaving outside earnings untouched.
One neutral sentence describing the tradeoff — not a recommendation.
Sources (3)The numbers in the text above link here
- 12026 General Election: Statewide Constitutional Amendments and General Obligation Bonds — New Mexico Secretary of State — sos.nm.gov
- 2Summary of and Arguments For and Against the Constitutional Amendments Proposed by the Legislature in 2025 and 2026 — New Mexico Legislative Council Service — nmlegis.gov
- 3New Mexico 2026 ballot measures — Ballotpedia — ballotpedia.org
Checking it against the official text
The New Mexico Secretary of State publishes the certified measures and, in most states, an official voter guide with fiscal notes. That is the authoritative version. Everything here is an explanation of it, not a substitute for it.
Confirm this with the official source
Your ballot is determined by your election authority, not by us. Verify your registration, precinct, and sample ballot at New Mexico Secretary of State.
Other measures on the New Mexico ballot
- Constitutional Amendment 1 — End the governor's pocket veto and require veto explanations
- Constitutional Amendment 2 — Allow school elections to be held with partisan elections
- Constitutional Amendment 3 — Nominating committees for university boards of regents
- Bond Question 1 — Senior citizen facility bonds
- Bond Question 2 — Library acquisition bonds
- Bond Question 3 — Higher education, special schools and tribal schools bonds
Candidates on the same ballot
- U.S. Senate election in New Mexico
- New Mexico governor's race
- New Mexico's 1st congressional district
- New Mexico's 2nd congressional district
- New Mexico's 3rd congressional district