New Mexico is one of just two states that authorizes the veto referendum but not the initiative. The state also provides for legislatively referred amendments and amendments proposed by an independent commission. A veto referendum is submitted to voters at the next general election after a petition is filed, whereas a legislatively referred amendment is submitted at a regular election or a special election, if provided by the legislature. The Secretary of State is responsible for preparing ballots, which primarily include a ballot question along with other identifying information. New Mexico’s direct democracy provisions do not require creation of a voter information pamphlet, not do they explicitly provide for judicial review of ballot contents. However, judicial review may be available under other channels, such as writs of mandamus.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in New Mexico
New Mexico is one of just two states in the country in which the people have the power of the veto referendum but do not have the power of the initiative. New Mexico also has legislatively referred amendments, as well as amendments referred by an independent commission established to propose amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
New Mexico does not have initiatives (statutory or constitutional). The New Mexico Constitution provides that if ever it is amended to adopt the initiative power, such power shall be limited to laws that could also be passed by the legislature. See N.M. Const. art. XIX, § 3.
√ Veto Referendums
The people of New Mexico reserve the power of the veto referendum to reject (or approve) any act of the legislature, except general appropriation laws or laws maintaining public institutions; laws providing for the preservation of public peace, health, or safety; and certain laws creating or funding debts. N.M. Const. art. IV, § 1.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by New Mexico voters. N.M. Const., art. XIX, § 1. The same constitutional provision states that amendments may also be proposed by an independent commission, and any amendments so proposed must also be approved by a popular vote. See id.
Election Timing
The timing of an election may depend on the form of ballot measure. A veto referendum is submitted to voters at the next general election after a petition is filed, whereas a legislatively referred amendment is submitted at a regular election or a special election, if provided by the legislature.
- A veto referendum must be submitted to voters at the next general election following the filing of the petition. SeeM. Const. art. IV, § 1. A referred law will be annulled only if a majority, and at least 40% of all votes cast in the general election, vote for the law’s rejection. See id.
- A legislatively referred amendment is submitted to voters after it is approved by a majority of all members elected to each house. See M. Const. art. IV, § 1. It must be submitted at an election held at least six months after adjournment of the legislature: whether at the next general election, or at a special election at such time and in such manner as the legislature may provide. See id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a statewide ballot measure in Nevada must display the following.
- Ballot question.
- Brief descriptive title.
- The descriptive title is also prepared by the Secretary of State. See M. Code R. § 1.10.16.8(D), (G).
- Brief designation of the source of the question.
- The designation is also prepared by the Secretary of State. See M. Code R. § 1.10.16.8(D), (G).
- (For veto referendums only) Popular name of the law being referred.
- (For legislatively referred amendments only) The full title of the joint resolution proposing the amendment (including a number assigned by the Secretary of State). SeeM. Stat. Ann. § 1-16-7; N.M. Code R. § 1.10.16.8(H).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
For both veto referendums and legislatively referred amendments, the Secretary of State must cause information to be published for four consecutive weeks, culminating no more than two weeks before the election. N.M. Const. art. XIX, § 1; N.M. Stat. Ann. § 1-17-14. The publication must be made in at least one newspaper in every county in which newspapers are published, in English as well as Spanish if newspapers in both languages are published in the county. See id.
The publication must contain the following information.
- Full text of the amendment or the legislation that is the subject of the referendum. See M. Const. art. XIX, § 1; N.M. Stat. Ann. § 1-17-14.
- Notice of the content and purpose of the measure. See M. Const. art. XIX, § 1; N.M. Stat. Ann. § 1-17-14.
- For veto referendums, this notice must include the ballot title and the certified popular name of the legislation being referred to voters. N.M. Stat. Ann. § 1-17-14.
Voter Information Pamphlet
- New Mexico law does not require a state voter information pamphlet for ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
New Mexico’s direct democracy provisions do not explicitly provide for judicial review of ballot contents, though review may be available under other channels, such as petitions for writs of mandamus. See, e.g., State ex rel. Clark v. State Canvassing Bd., 888 P.2d 458 (N.M. 1995).
Sample case: State ex rel. Clark v. State Canvassing Bd., 888 P.2d 458 (N.M. 1995) (issuing a writ of mandamus and holding a constitutional amendment approved by the electorate violated the state’s single-purpose requirement; also suggesting that a ballot title prepared by the Secretary of State should be intelligible and impartial).