Laws governing local ballot measures in New Mexico

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Laws Governing Local Ballot Measures

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Approximately 15 cities in New Mexico have an initiative process for local ballot measures.

This article sets out the laws governing local ballot measures in New Mexico. It explains:

  • Which local units of government make the initiative process available to residents.
  • How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

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Laws Governing Ballot Measures

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 33 counties, 105 cities, towns, and villages, and 769 special districts.[1]


School districts

See also: School bond and tax elections in New Mexico

The New Mexico Constitution guarantees a debt limit and how bonds are issued for school districts. In New Mexico, a public school district can only seek new bonding for the purpose of capital improvements. School districts are limited to seeking bonds limited to six percent of the district's total valuation of property. Also, the New Mexico Constitution guarantees a 20 mill limit on public school districts.

Local recall rules

The recall of local elected government officials in New Mexico is authorized in §9 of Article 10 of the New Mexico Constitution (county officials), in §14 of Article 12 (school officials), and in NMSA 3-14-16 (elected officials in commission-manager municipalities).

For additional detail, see: Laws governing recall in New Mexico

Initiative process availability

The availability of initiative varies depending upon the home rule status and form of government of a city, town, or village. Charter cities, towns, and villages have an initiative process for charter amendments granted by state statute, but individual charters may contain additional requirements. Charters may adopt initiative for ordinances. General law commission-manager cities, towns, and villages have a mandated initiative process provided by state statutes. General law mayor-council cities, towns, and villages do not have broad initiative authority to propose ordinances. However, for limited matters a petition process is granted by state statutes.[2][3]

A guide to local ballot initiatives
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Authority

Constitution

There are no explicit constitutional provisions for local initiative. However, charter cities have authority to adopt initiative for ordinances through the municipal home rule provision of New Mexico Constitution, Article VI, Section 6

Statutes

NM Stat. Sections 3-15-1 to 3-15-16 is the Municipal Charter Act. 3-15-16 authorizes charter amendments by initiative. Charters may contain additional requirements.

NM Stat. Section 3-14-18 authorizes initiative for general law commission-manager municipalities.

NM Stat. Section 3-1-5 governs petition and signature requirements generally.

DocumentIcon.jpg See law: New Mexico Statutes, Chapter 3

Initiative process features

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Source: Local Ballot Initiatives: How citizens change laws with
clipboards, conversations, and campaigns


Initiative in the top 10 most populated cities

Seven of the top 10 most populated cities in New Mexico are governed under a home rule charter. Charter amendment by initiative is required under state law, but charters may set the specific requirements. Charter cities may authorize initiative for ordinances, and five of the seven charter cities below have granted this power. The provisions below mostly come from the specific city charter or code. NM Stat. Section 3-1-5 governs petition requirements generally. Click on the citation links to read the full requirements for the initiative process.



External links

See also

Footnotes