A. A state ballot question includes any:
(1) proposed amendment to the constitution of New Mexico, as provided in a joint resolution passed by the legislature;
(2) tax authorization for general obligation bonds or mill levy, as provided by law;
(3) referendum, as provided in Article 4, Section 1 of the constitution of New Mexico; and
(4) other questions, as provided by statute or the constitution of New Mexico.
B. A local government ballot question includes any:
(1) tax authorization for bond sales, mill levy or gross receipts tax, as required by law;
(2) recall of county, school board or certain municipal officers, as provided by law or by municipal home rule charter;
(3) petition for the creation of a special district or consideration of a statutory local option, as provided by law;
(4) referendum on local governing body taxation authority, as provided by law;
(5) referendum on local government ordinances, as provided by the charter of a home rule municipality, by an incorporated or urban county or by law;
(6) change in the laws of a home rule municipality, as provided by the municipal charter or by law;
(7) changes in the charter of an incorporated or urban county, as provided by the charter of the incorporated or urban county or by law; and
(8) other questions, as provided by state statute or the constitution of New Mexico.
History: 1953 Comp., § 3-16-2, enacted by Laws 1969, ch. 240, § 375; 2019, ch. 212, § 134.
The 2019 amendment, effective April 3, 2019, completely rewrote the section, providing the items that may be included in a state ballot question and in a local government ballot question; replaced the section heading; and deleted "The secretary of state shall provide ballots for the use of voters in all special elections where constitutional amendments or other questions are submitted to the voters of the entire state. Paper ballots shall bear on their face the facsimile signature of the secretary of state and shall be furnished to each of the county clerks.", and added Subsections A and B.
Structure New Mexico Statutes
Section 1-16-1 - Ballot questions; application of Election Code.
Section 1-16-2 - Ballot questions; state ballot questions; local government ballot questions.
Section 1-16-3 - Ballot questions; certification.
Section 1-16-4 - Ballot questions; state constitutional amendments; publication.
Section 1-16-7 - Ballot questions; form.
Section 1-16-8 - Ballot questions; prohibition on nonbinding or advisory questions.
Section 1-16-9 - Ballot questions; single ballot; space on ballot.