A legislative strategy to increase oversight in public higher education got a boost over the weekend.
Two weeks after state senators tabled a measure because they felt it gave too much control to state officials over public colleges and universities, the house approved a resolution asking voters to weigh in.
During a long Saturday afternoon floor session, state representatives overwhelmingly approved a measure that would give voters the chance to decide whether regents—who oversee public institutions of higher education—should face stricter oversight and potential disciplinary action.
House Joint Resolution 12 would allow the state to intervene if regents fail to meet their responsibilities, including mismanaging funds or acting unethically.
If passed by the Senate, the measure will appear on the 2026 ballot for voter approval.
Representative Nathan Small of Las Cruces, the bill’s lead sponsor, says the goal is to ensure regents act in the best interests of students, faculty, and taxpayers.
“ In our current system, there really are few checks and balances. It clarifies that the board of Regents have the fiduciary duty to their institution. That's not in law right now. That's not in the constitution," Small said.
“And then, because there is sort of really no process for that on that removal side, it sets forward a clear and orderly process. But one that has checks and balances legally, that goes through the district court system."
The proposal comes in response to growing concerns about university leadership, particularly in the wake of an incident at Western New Mexico University, where regents approved a nearly $2 million payout for the school’s former president despite findings of financial mismanagement.
To prevent political misuse, the resolution outlines strict conditions for removal—only the state Attorney General or a majority of a university’s own board members could initiate action, with final decisions made by the courts.
After passing by a 64 to 1 vote in the House, the resolution now heads to the Senate for consideration.
