ADVANCE ELECTION FOR ED. FREEDOM TAX PROGRAM

HM028

HOUSE MEMORIAL 28

57
th legislature
- STATE OF NEW MEXICO -
second session
, 2026

INTRODUCED BY

Rebecca Dow and Gail Armstrong and Nicole Chavez

and Jenifer Jones and Alan T. Martinez

A MEMORIAL

REQUESTING THE GOVERNOR TO SUBMIT AN ADVANCE ELECTION TO
PARTICIPATE IN THE FEDERAL EDUCATION FREEDOM TAX CREDIT
PROGRAM.

WHEREAS, last year, President Donald J. Trump signed the
nation's first-ever federal education freedom tax credit into
law, and starting in 2027, taxpayers can claim up to one
thousand seven hundred dollars ($1,700) in dollar-for-dollar
tax credits for donations to nonprofit scholarship-granting
organizations that award scholarships to kindergarten through
twelfth grade students; and

WHEREAS, this historic initiative can expand educational
freedom nationwide at no cost to state budgets and without new
regulatory burdens; however, scholarship-granting organizations
can only receive donations in states that formally opt into the
federal education freedom tax credit program; and

WHEREAS, if states do not elect to participate in the
program, donors who wish to claim the federal tax credit may
direct their charitable contributions to scholarship-granting
organizations in other participating states instead, and as a
result, students and families in nonparticipating states may
miss out on new educational opportunities funded by private
donations; and

WHEREAS, the decision to participate in the education
freedom tax credit program rests entirely with the governor of
each state; and

WHEREAS, the United States department of the treasury and
the United States internal revenue service recently announced
that states can make an advance election to participate in the
education freedom tax credit program by submitting a form to
the internal revenue service, and no state legislation is
required to opt into the program; and

WHEREAS, by opting into this program, New Mexico would
send a message to families, scholarship-granting organizations,
entrepreneurs and charitable donors that the state is ready to
expand educational opportunities for children; and

WHEREAS, delaying this decision may cause charitable
contributions to be sent to other states that act more quickly
and where public support for participation in the tax credit
program is strong; and

WHEREAS, a recent poll shows that seventy-one percent of
registered voters nationally want their state governors to opt
in to the education freedom tax credit program, and a plurality
of those polled stated that they want to see immediate action;
and

WHEREAS, among poll respondents with school-age children
at home, seventy-eight percent stated they are likely to apply
for a scholarship if given the chance;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES OF THE STATE OF NEW MEXICO that in
consideration of the significant public importance of
supporting the availability of educational scholarships in New
Mexico, the simplicity of the opt-in process for the federal
education freedom tax credit program and the once-in-a-generation opportunity this program presents for the state, the
governor be requested to submit an advance election to
participate in the program as soon as possible; and

BE IT FURTHER RESOLVED that a copy of this memorial be
transmitted to the governor.

- 3 -