2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 14 - Commission-Manager Form of Government; Municipalities Over 1,000
Section 3-14-17 - Commission-manager; referendum; subjects petition; election; effect; repeal of emergency measure.
A. If within thirty days following the adoption of an ordinance or resolution, a petition, signed by the qualified electors in a number more than twenty percent of the average number of voters who voted at the previous four regular municipal elections or more than twenty percent of the number of voters who voted at the previous regular municipal election, whichever is the greater, is presented to the commission asking that the ordinance or resolution in question be submitted to a special election for its adoption or rejection, the ordinance or resolution shall become ineffective upon verification of the petition and the commission shall within ten days of verification adopt a resolution calling for the holding of a special election on the measure within ninety days of the verification of the petition.
B. The ballot shall contain the text of the ordinance or resolution in question. Below the text shall be the phrases:
"For the above measure", and
"Against the above measure",
followed by spaces for marking the ballot with a cross or check or other mark necessary for proper counting of the ballot, in order to cast a vote for the phrase desired. If a majority of the votes cast favor the measure, it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect.
C. If an ordinance or resolution is an emergency measure, it shall go into effect immediately, but it may be repealed by an adverse majority at a referendum election.
History: 1953 Comp., § 14-13-17, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 113.
ANNOTATIONSCross references. — For examinations of signatures, purging and judicial review of petitions, see 3-1-5 NMSA 1978.
The 1985 amendment inserted "upon verification of the petition" following "resolution shall become ineffective", substituted "within ten days of verification adopt a resolution calling for the holding of a special election" for "provide for an election", "ninety days" for "sixty days", and "verification of the petition" for "filing of the petition" near the end of Subsection A, and inserted "the ballot" following "spaces for marking" and "or check or other mark necessary for proper counting of the ballot, in order to cast a vote for" preceding "the phrase desired" near the middle of Subsection B.
Liberal construction. — Provisions reserving to the people the power of referendum are to be given a liberal construction to effectuate the policy thereby adopted. City Comm'n v. State ex rel. Nichols, 1965-NMSC-104, 75 N.M. 438, 405 P.2d 924.
No time limit is set out for the filing of referendum petitions on emergency measures. City Comm'n v. State ex rel. Nichols, 1965-NMSC-104, 75 N.M. 438, 405 P.2d 924.
Exception to referendum power. — The referendum power of voters under Subsection A of this section and the city charter was subject to an implied exception for administrative and executive matters, and an ordinance that changed the rate charged by a city-owned utility was an administrative matter within the scope of the exception. Johnson v. City of Alamogordo, 1996-NMSC-004, 121 N.M. 232, 910 P.2d 308.
Summary of ordinance only required. — Where Subsection B of this section states "the ballot shall contain the text," the statutory language can be construed as requiring only a summary of the ordinance to be decided upon. Turner v. Barnhart, 1972-NMSC-036, 83 N.M. 759, 497 P.2d 970.
Failure to print entire ordinance does not void election. — Where Subsection B of this section provides "the ballot shall contain the text of the ordinance or resolution in question," failure to print the entire ordinance on the ballot does not amount to an irregularity in the election that is substantial enough to void the election and circumvent the will of the voters involved. Turner v. Barnhart, 1972-NMSC-036, 83 N.M. 759, 497 P.2d 970).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Initiative and Referendum §§ 7, 9 et seq.
Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal in time therefor, 27 A.L.R.2d 604.
62 C.J.S. Municipal Corporations §§ 311 to 327.
