Executive orders flooding in by the governor, causing concern among certain lawmakers

New Mexico Governor's Extensive Use of Executive Orders Sparks Debate

In a move that has sparked debate among lawmakers, Governor Michelle Lujan Grisham has issued 362 executive orders this year, authorizing over $253 million in emergency spending. The governor's extensive use of executive orders, particularly in response to natural disasters, has become a contentious issue.

The governor defends her actions, stating that executive orders are essential tools that allow her to act quickly when the Legislature is not in session. This was evident during last year's wildfires and flooding in the Ruidoso and Roswell areas, for which more than half of the executive orders were targeted at recovery efforts.

However, some lawmakers, such as Rep. Rebecca Dow (R-Truth or Consequences), argue that the executive orders make it difficult for the Legislature to track the flow of state dollars. They claim that these orders bypass New Mexico's procurement code, a concern shared by Rep. Nathan Small (D-Las Cruces), the chairman of the House Appropriations and Finance Committee.

Rep. Small has been a vocal advocate for legislative collaboration and oversight, particularly in the distribution of large amounts of public funding. He stated that updating the state's system for responding to wildfires and floods will be a priority in the coming legislative sessions.

The large number of executive orders has drawn attention from legislators who say they allow the Lujan Grisham administration to bypass the state's procurement code. This concern was highlighted during the COVID-19 pandemic, when the governor's authority to issue executive orders became a political flashpoint, with lawmakers launching an inquiry into whether she exceeded her authority.

Attempts to curb the governor's authority by requiring legislative approval to extend emergency public health orders beyond 45 days were thwarted by the Democratic-controlled Legislature. In 2023, legislator Tara Lujan introduced a bill that would have significantly restricted Governor Lujan Grisham's ability to authorize extensive emergency funds through emergency declarations, but the bill did not pass.

Rep. Small, who stated that the vetoed wildfire fund legislation would have been a step in the right direction toward New Mexico being more proactive in its natural disaster response efforts, has expressed his intention to reintroduce similar legislation in future sessions.

Meanwhile, Lt. Gov. Howie Morales issued more than 30 executive orders as acting governor while Gov. Lujan Grisham was on a trade mission to Asia in April. These orders provided state-level assistance to law enforcement agencies in the Albuquerque and Espanola areas, among other things.

Despite the ongoing debate, Gov. Lujan Grisham indicated that the executive orders will likely keep coming as long as she sees the need for them, with her time left in office running short. She maintains that these orders ensure that state government remains agile, responsive, and accountable to the people they serve.

This ongoing debate highlights the delicate balance between executive action and legislative oversight, a balance that will likely continue to be a topic of discussion in the coming legislative sessions.