AGO 12-05.

• Case Date: August 16, 2012
• Court: New Mexico

New Mexico Attorney General Opinions 2012. AGO 12-05. OPINION OF GARY K. KING Attorney GeneralAugust 16, 2012Opinion No. 12-05BY: Elizabeth A. Glenn Deputy Attorney GeneralTO: The Honorable Dianna Duran Secretary of State 325 Don Gaspar, Suite 300 Santa Fe,NM 87501QUESTION: May a municipality propose a question on the statewide general election ballot? CONCLUSION: No. Questions on a general election ballot are limited to those the law authorizes for submission to voters in a general election under the New Mexico Election Code.' A irnmicipality has no legal authority to submit questions to voters of the municipality on a general election ballot. Nevertheless, a municipality may submit a question to voters of the municipality on a municipal election bahot in a municipal election held on the same day as a general election. ANALYSIS: The New Mexico Election Code, NMSA 1978, Chapter 1 (1969, as amended through 2011), applies to general elections, primary elections, statewide special elections, elections to fill vacancies in the office of representative in Congress and school district elections. NMSA 1978, § 1-1-19(A). The Election Code generally does not apply to municipal elections. Certain provisions of the Code may apply to "municipal officer or municipal bond elections," but only to the extent that the "separate laws" governing those elections incorporate, adopt by reference or do not specify procedures set forth in the Code provisions. Id.§ 1-1-19(B). State law dictates the candidates and questions that may be decided by the voters in a general election or other election covered by the Election Code. A general election ballot includes candidates for president and vice-president, U.S. senator, U.S. representative, elected statewide office, state senators and representatives, elected district offices, including district judges, and elected county officials. See NMSA 1978, Section 1-10-8. The Election Code also specifies the form of ballot for proposed state constitutional amendments, "questions other than proposed constitutional amendments to be submitted to the voters of the entire state," and "questions not statewide in application to be submitted to the voters of the county." Id.§§ 1-16-5, 1-16-8. Under the Election Code, ballot questions submitted to voters are necessarily limited to those that are decided in an election...