HR 1 ARTICLES OF IMPEACHMENT

Rep Stefanie Lord

Actions: [2] HGEIC/HJC-HGEIC

Scheduled: Not Scheduled

 House Resolution 1 (HR 1) constitutes articles of impeachment of Michelle Lujan Grisham, governor, with 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 NM Constitution Article 4, sections 35 and 36. It provides for notice of impeachment and the prosecution of impeachment. 

 House Resolution 1 (HR 1) constitutes articles of impeachment of Michelle Lujan Grisham, governor. It details the grounds upon which the articles of impeachment find that Michelle Lujan Grisham has striped citizens of their constitutional rights to keep and bear arms and misused public resources, thus committing acts that warrant impeachment and trial in the senate pursuant to NM Constitution Article 4, sections 35 and 36.
In particular, it finds the issuance of in Executive Order 2023-13 declaring a state of public
health emergency due to gun violence to be the basis for impeachment.  A federal judge issued a temporary restraining order against the firearm prohibition.
The articles of impeachment quote the 2nd Amendment which calls for 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 NM Constitution Article 2, section 6 which gives citizens certain rights to keep and bear arms.  It characterizes the governor’s emergency public health declaration as a contravention to her oath in office and accuses her of crimes, misdemeanors and malfeasance in office.
HR 1 calls for impeachment by a majority of the house members and trial in the state senate (NM Constitution Article 4, section 35).
HR1 requires the chief clerk of the house to provide notice of impeachment to the governor.
It directs the speaker of the house 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 the governor on the foregoing articles.
HR 1 gives the house managers the authority to retain staff, including special counsel and investigators, as necessary for this process. It requests the senate grant the house managers authority to issue subpoenas for this purpose and for the house managers to meet in the interim.   
 

 The governor has the authority to issue emergency public health directives and issued Executive Order 2023-13 declaring a state of public health emergency due to gun violence. According to today’s New Mexican, last year, U.S. District Judge David Urias initially found the declaration too broad.  The governor limited it to parks and playgrounds. Judge Urias then rejected a request from other gun rights advocates to block temporary firearms restrictions while challenges move forward.  A new federal judge, Kea Riggs, has reversed Urias’s position and found that the governor did not yet demonstrate a historical tradition of banning firearms in public parks or similar areas in the past to allow the ban to continue. It is anticipated these contradictory lower court rulings will be appealed to the  Tenth Circuit Court of Appeals.