Laws governing the referendum process in New Mexico
Laws and procedures
Citizens of New Mexico may repeal legislation via veto referendum. New Mexico does not feature the power of initiative.
Types of referendum
Depending on the number of signatures submitted and when they are submitted, the law targeted by the referendum is either put on hold until the election or allowed to go into effect. Details about the requirements of each type of referendum are outlined below in each relevant section.
See law: New Mexico Constitution, Article IV, Section 1
Veto referendums on emergency legislation
In New Mexico, veto referendums cannot be used on emergency legislation.
See law: New Mexico Constitution, Article IV, Sections 1 and 23
Subject restrictions
A veto referendum petition can be filed against any law except laws concerning the following issues:
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See law: New Mexico Constitution, Article IV, Section 1
Starting a petition
Applying to petition
Before beginning to collect signatures for a referendum petition, the petitioners must submit to the New Mexico secretary of state a draft of the proposed petition form along with a proposed "popular name" for the targeted law. Within 30 days the secretary shall either approve the proposed petition form and "popular name" or reject it, providing suggested revisions. The secretary of state is responsible for affixing an issue number and the final "popular name" of the targeted law by which the question will be identified on the ballot.
See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statutes, Chapter 1, Article 17, Sections 2, 8 and 9
Petition summary
State law requires the form of the petition to follow the following template, with signatures and information about signers listed below:
- Note: In this form, the year is begun by "19..." The form should be adjusted to allow for laws passed after the year 2000.
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To the Honorable .............................................(Name of secretary of state) We, the undersigned, qualified electors of ............ county, New Mexico, who disapprove Laws 19 ...., Chapter ...., of New Mexico, approved ...... day of ......, 19 ..., entitled 'An Act ......,' respectfully request by this our petition that it be referred to the people of New Mexico, to the end that the same may be approved or rejected by vote of the qualified electors of the state at the next regular general election to be held on the ...... day of ......., 19 ..; and each of us for himself says: I am a qualified elector of ...... county, New Mexico, and my residence, post-office address and voting precinct are correctly written after my name.[1] |
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See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statues, Chapter 1, Article 17, Sections 2 and 8
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
In New Mexico, the number of signatures needed to place a veto referendum on the ballot is equal to 10 percent of the total number of votes cast in the previous general election. To suspend the law until voters address the veto referendum, signatures equal to 25 percent of the total number of votes cast in the previous general election are required.
Below are the signature requirements that referendum proponents must meet to get their initiatives on the ballot in that year.
| Year | Veto referendum without suspending law | Veto referendum with suspending law |
|---|---|---|
| 2024 | 71,475 | 178,689 |
| 2022 | 92,823 | 232,058 |
| 2020 | 70,165 | 175,413 |
| 2018 | 80,407 | 201,018 |
| 2016 | 51,944 | 129,859 |
| 2014 | 78,652 | 196,629 |
| 2012 | 60,770 | 151,925 |
See law: New Mexico Constitution, Article IV, Section 1
Distribution requirements
- See also: Distribution requirements
Signatures equal to a minimum of 10 percent of the votes cast at the last general election in each county must be collected from registered voters in each of three-fourths of the state's 33 counties, amounting to a 25-county distribution requirement. This distribution requirement applies to both referendum petitions that suspend the targeted law and those that do not.
See law: New Mexico Constitution, Article IV, Section 1
Restrictions on circulators
All circulators of the referendum petition must present the entire law targeted by the referendum petition to each person signing the petition.
A certificate signed by each solicitor of signatures must be attached to the back of each petition sheet. The certificate must read:
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I, ........., do hereby certify that the signatures appearing on the front hereof were signed in my presence; that to the best of my knowledge and belief each such signature is genuine; and that the person so signing is a qualified elector in the county named on this page.[1] |
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See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statues, Chapter 1, Article 17, Sections 3 and 6
Who may sign
Those who sign the referendum petition must be qualified electors in the state of New Mexico.
See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statues, Chapter 1, Article 17, Section 1
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. New Mexico law, however, requires a signed certificate from each circulator saying that each signature was signed in "my presence."
See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statues, Chapter 1, Article 17, Section 6
Deadlines for collection
Signatures for referendum petitions must be turned in at least four months prior to the state's general election immediately following the legislative session in which the targeted law was approved.
In order to suspend the targeted law, the higher threshold of signatures needs to be turned in no more than 90 days after the adjournment of the legislative session at which the targeted law was approved.
See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statues, Chapter 1, Article 17
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
The New Mexico secretary of state must verify the sufficiency or insufficiency of any submitted referendum petition within 30 days of the petition being submitted.
See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statues, Chapter 1, Article 17, Section 10
The election and beyond
Ballot measures often face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
For both types of referendum, rejection of the targeted law requires a simple majority of votes cast on the measure and a minimum of forty percent of the total votes cast at the election.
For example, if 100,000 electors cast a vote at the general election, but only 70,000 cast a vote on the referendum, 40,000 voters would have to choose to reject the targeted law in order to annul it, even though a simple majority would only be 35,000.
See law: New Mexico Constitution, Article IV, Section 1
Effective date
If voters choose to reject a law targeted by a referendum petition that did not have sufficient signatures to suspend the law, the law is repealed upon the certification of election results. If they choose not to reject the targeted law, no change is made and the law continues to be effective.
If voters choose not to reject a law targeted by a referendum petition that has met the requirements to suspend the law, the law goes into effect upon the certification of the election results at the election on which the question is presented to voters. If they choose to reject the law, the law continues to be ineffective and void.
See law: New Mexico Constitution, Article IV, Section 1
Litigation
- See also: Ballot measure lawsuit news
The burden of proof of sufficiency and the validity of petition signatures lies with the referendum petitioners.
If the secretary of state fails to rule a petition sufficient in the allotted time or rules that a petition is insufficient when petitioners believe it is sufficient, at least 25 petitioners can apply to the New Mexico Supreme Court for a decision within 15 days of the secretary's deadline to certify the petition.
See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statues, Chapter 1, Article 17
Legislative alteration
- See also: Legislative alteration
A law repealed through the referendum process is repealed as if the legislature had voted to repeal it. Therefore, the legislature can propose or re-approve similar legislation according to the normal procedures.
See law: New Mexico Constitution, Article IV, Section 1 and New Mexico Statues, Chapter 1, Article 17, Section 10
See also
- Laws governing ballot measures
- Laws governing ballot measures in New Mexico
- List of New Mexico ballot measures
Footnotes
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State of New Mexico Santa Fe (capital) |
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| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
Changes in the law
| Contents |
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| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in New Mexico. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2021
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2020
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2019
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2018
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2017
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2016
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2015
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2014
The following bills were introduced in the New Mexico State Legislature:
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2013
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2012
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2011
The following bills were introduced in the New Mexico State Legislature:
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2010
The following bills were introduced in the New Mexico Legislature:
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State of New Mexico Santa Fe (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
