TITLE 1 GENERAL
GOVERNMENT ADMINISTRATION
CHAPTER 10 ELECTIONS AND ELECTED OFFICIALS
PART 16 BALLOT
QUESTIONS
1.10.16.1 ISSUING AGENCY:
Office of the New Mexico Secretary of State.
[1.10.16.1 NMAC - N, 9/10/2019]
1.10.16.2 SCOPE: This rule
applies to all state and local ballot questions.
[1.10.16.2 NMAC - N, 9/10/2019]
1.10.16.3 STATUTORY AUTHORITY: This
rule is authorized by Sections 1-16-7 and 1-2-1, NMSA 1978.
[1.10.16.3 NMAC - N, 9/10/2019]
1.10.16.4 DURATION:
Permanent.
[1.10.16.4 NMAC - N, 9/10/2019]
1.10.16.5 EFFECTIVE DATE:
September 10, 2019, unless a later date is cited at the end of a
section.
[1.10.16.5 NMAC - N, 9/10/2019]
1.10.16.6 OBJECTIVE: The
purpose of this rule is to provide uniform guidelines on how state and local
ballot questions are to appear on a ballot.
[1.10.16.6 NMAC - N, 9/10/2019]
1.10.16.7 DEFINITIONS:
A. “Ballot question” means a question
submitted to the voters of the state or a local government on a ballot pursuant
to the provisions of the Election Code and does not include a candidate
nomination, election contest or nonpartisan judicial retention election.
B. “Form
of ballot question” means
the final format of the ballot question as it will appear on the ballot.
C. “Election official” means either the
county clerk or municipal clerk.
D. “Local government ballot question”
means any:
(1) tax
authorization for bond issues, mill levy or gross receipts tax, as provided 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 government 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 otherwise provided 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.
E. “State
ballot question” means 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 state statute or the
constitution of New Mexico.
[1.10.16.7 NMAC - N, 9/10/2019]
1.10.16.8 THE FORM OF BALLOT QUESTION:
A. The form of ballot question shall be stated
as a question that seeks permission of the voters to accomplish an act with a
legal consequence. The form of the ballot question shall contain such
information necessary to give a reasonably prudent voter notice of the act
proposed to be taken by the state or local government proposing the ballot
question. The full text of the act,
resolution, charter amendment, or ordinance itself is not part of the form of
the ballot question and shall not be printed on the ballot.
B. The
secretary of state shall approve the form of ballot question to be placed on a
ballot.
C. The
ballot question must be written in the form of a question, which must be answerable with a
“Yes” or “No,” unless otherwise required by state law. The ballot question must be styled in such a
manner that an affirmative answer to the ballot question will indicate approval
and a negative answer to the ballot question will indicate rejection.
D. The
appropriate election official shall submit the proposed form of a ballot
question to the secretary of state pursuant to Subsection B of Section 1-16-3 NMSA 1978.
The proposed form of a ballot question shall include the required information
in Subsection G of Section 1.10.16.8 NMAC.
The proposed form of the ballot question need not contain language that
amounts to an advisory question. When an
election official submits a proposed form of a ballot question to the secretary
of state, the election official must also submit the full text of the act,
resolution, charter amendment, or ordinance.
The proposed form of the condensed text for a ballot question must be
received by the secretary of state at least 67 days before the election on
which the ballot question shall appear.
E. The
full text of
the act, resolution, charter
amendment, or ordinance shall be posted on the
secretary of state’s website for a state ballot question or, for a local
government ballot question, on the proposing local government’s website and be
made available at the election official’s office for inspection 10 days after
the certification of the ballot question.
The full text of the act, resolution, charter amendment, or ordinance may also be posted on the elections official’s website.
F. A
copy of the full text of the
proposed ballot question shall be posted in every polling place in a location
that is easily accessible to the voters.
G. Each ballot question shall
appear on the ballot containing the following information:
(1) a question
number
(2) a brief
designation of the source of the question;
(3) a brief
descriptive title in boldface type;
(4) the form of
ballot question; and
(5) the voting
choices available to the voter.
H. For a
proposed constitutional amendment, the form of the ballot question shall include
the full title of the joint resolution proposing the constitutional amendment
and the constitutional amendment number assigned to the joint resolution by the
secretary of state.
[1.10.16.8 NMAC - N, 9/10/2019]
1.10.16.9 BALLOT
POSITION: Ballot questions shall be printed on the ballot in the order
provided in Subsection D of Section 1-10-8 NMSA 1978.
[1.10.16.9
NMAC - N, 9/10/2019]
1.10.16.10 SEVERABILITY
CLAUSE: If any part of this rule is declared
unconstitutional by a court of competent jurisdiction, the remaining parts
shall survive in full force and effect.
[1.10.16.10
NMAC - N, 9/10/2019]
History
of 1.10.16 NMAC: [RESERVED]