A. If the secretary of state fails or refuses to examine and certify the sufficiency or insufficiency of any referendum petition within the time prescribed, any twenty-five qualified electors who feel aggrieved thereby may within fifteen days thereafter apply to the supreme court for a writ of mandamus.
B. If the court decides that such petition is legally sufficient, it shall order the secretary of state to file and certify the sufficiency thereof as of the date upon which it was first offered for filing. A certified copy of the court's finding and order shall be attached to such petition.
C. On a proper showing that the referendum petition is not legally sufficient, the court may enjoin the secretary of state from certifying its sufficiency.
History: 1953 Comp., § 3-17-13, enacted by Laws 1969, ch. 240, § 398.
Cross references. — For writ of mandamus generally, see 44-2-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Initiative and Referendum §§ 49, 50.
Structure New Mexico Statutes
Article 17 - Referendum Petitions
Section 1-17-1 - Referendum petitions; who may sign.
Section 1-17-2 - Referendum petitions; form.
Section 1-17-3 - Referendum petitions; solicitor of signatures; duty.
Section 1-17-4 - Referendum petitions; penalty.
Section 1-17-5 - Referendum petitions; requirements as to contents.
Section 1-17-6 - Referendum petitions; form of certificate.
Section 1-17-7 - Referendum petitions; false certification; penalty.
Section 1-17-8 - Referendum petitions; approval before circulation.
Section 1-17-9 - Referendum petitions; number; popular name.
Section 1-17-10 - Referendum petitions; sufficiency or insufficiency.
Section 1-17-11 - Referendum petitions; sufficiency of petition; burden of proof.
Section 1-17-12 - Referendum petitions; determination of insufficiency; duty of secretary of state.