2021 New Mexico Statutes
Chapter 1 - Elections
Article 16 - Ballot Questions
Section 1-16-1 - Ballot questions; application of Election Code.

At all elections at which any ballot question is submitted to the voters, the election shall be called, conducted and canvassed in accordance with the Election Code.

History: 1953 Comp., § 3-16-1, enacted by Laws 1969, ch. 240, § 374; 2019, ch. 212, § 133.

Cross references. — For federal constitutional amendments, see 1-18-1 NMSA 1978 et seq.

For requirements for amendment of elective franchise provisions, see N.M. Const., art. VII, § 3.

For constitutional provision as to proposing and ratifying amendments, see N.M. Const., art. XIX, § 1.

For voters' ratification of amendments, see N.M. Const., art. XIX, § 1.

For amendment of compact with the United States, see N.M. Const., art. XIX, § 4.

The 2019 amendment, effective April 3, 2019, removed references to "constitutional amendments" and added "ballot questions"; in the section heading, deleted "State constitutional amendments" and added "Ballot questions"; and after "which any", deleted "proposed constitutional amendment or" and added "ballot", and after "conducted", added "and canvassed".

Constitutional requirement to publish full text of other questions. — When the legislature stated that other questions should have their full text published "in accordance with the constitution of New Mexico" in 1-16-4 NMSA 1978 the reference is necessarily to the provision for publication in N.M. Const., art. XIX, § 1, as there is no other provision in the constitution setting forth the requirements for publication. State ex rel. Constitutional Convention v. Evans, 1969-NMSC-139, 80 N.M. 720, 460 P.2d 250.

Publication requirement must be complied with in adoption of new constitution. Election Code requires compliance with the publication provisions of N.M. Const., art. XIX, § 1, when the question of the adoption of the new constitution is published. State ex rel. Constitutional Convention v. Evans, 1969-NMSC-139, 80 N.M. 720, 460 P.2d 250.

Act proposing amendment election not submitted to referendum. — An act calling for a special election on a proposed constitutional amendment is not one that may, by petition of election, be submitted to referendum. Hutcheson v. Gonzales, 1937-NMSC-047, 41 N.M. 474, 71 P.2d 140 (decided under former law).

Applicability to referendum elections. — Former sections relating to mode of submitting questions to be presented to electorate, conduct of election thereon, manner of ascertaining result and certification thereof were applicable to referendum elections. State v. Perrault, 1929-NMSC-099, 34 N.M. 438, 283 P. 902 (decided under former law).

Withdrawals from petition for form of government election permitted. — Under Laws 1909, ch. 87 (now repealed), where petition had been presented for election upon question of commission form of government, withdrawals from petition were permitted and effectual. Territory ex rel. Stockard v. Roswell, 1911-NMSC-041, 16 N.M. 340, 117 P. 846 (decided under former law).

An insert subject to attack. — Publication of the proposed constitution and proclamation in the form of a removable insert similar to the Sunday supplement type inserts and advertising flyers included in newspapers would be subject to legal attacks. 1969 Op. Att'y Gen. No. 69-125.

Publication should be regular part of newspaper. — In order to insure that the material is "published in the newspaper" and not merely "distributed" therein, it should be published either as part of a regular section of the newspaper, or as a separate section containing the running head of the newspaper, the date of publication and some designation to indicate that it is a section of that day's newspaper. 1969 Op. Att'y Gen. No. 69-125.

Requirement for registrants list not applicable in amendment election. — Since a list of registrants can serve no useful purpose in connection with an election solely on constitutional amendments, former Section 3-2-30, 1953 Comp., requiring the clerk to furnish such a list, is neither practical nor applicable in such case. 1951 Op. Att'y Gen. No. 51-5403 (opinion rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 16 Am. Jur. 2d Constitutional Law §§ 26 to 39; 26 Am. Jur. 2d Elections § 313 et seq.

Legislature's power to raise constitutional minimum required on special election, 91 A.L.R. 1021.

Nonregistration as affecting signature to petition for special election, 100 A.L.R. 1308.

Validity of special elections as affected by publication or dissemination of matter or information, extrinsic to the question as submitted, regarding nature or effect of the proposal, 122 A.L.R. 1142.

Constitutional or other special proposition submitted to voters, basis for computing majority essential to adoption of, 131 A.L.R. 1382.

Injunction against submission of proposition because of unconstitutionality, 19 A.L.R.2d 519.

16 C.J.S. Constitutional Law §§ 6 to 14.