2023 New Mexico Statutes › Chapter 1 - Elections › Article 16 - Ballot Questions › Section 1-16-4 - Ballot questions; state constitutional amendments; publication.

A. The secretary of state shall cause the ballot question for a proposed constitutional amendment to be published as provided in Article 19, Section 1 of the constitution of New Mexico.
B. The secretary of state shall post a proposed constitutional amendment beginning no later than seventy days prior to the election at which the amendment is to be submitted to the voters of the state for their approval or rejection.
C. Each county clerk shall post a proposed constitutional amendment beginning no later than sixty-seven days prior to the election at which the amendment is to be submitted to the voters of the state for their approval or rejection.
History:
1953 Comp., § 3-16-4, enacted by Laws 1969, ch. 240, § 377; 2019, ch. 212, § 136; 2023, ch. 39, § 76.
ANNOTATIONS
Cross references.
— For publication of proposed amendments, see N.M. Const., art. XIX, § 1.
The 2023 amendment,
effective June 16, 2023, clarified language related to proposed constitutional amendments on a ballot; and in Subsection A, after "cause", added "the ballot question for".
The 2019 amendment,
effective April 3, 2019, completely rewrote the section, providing the procedures for publication of proposed state constitutional amendments; in the section heading, added "Ballot questions"; deleted "Upon receipt of the certified proposed constitutional amendment or other question, the county clerk shall include it in the proclamation to be issued and shall publish the full text of each proposed constitutional amendment or other question in accordance with the constitution of New Mexico" and added new Subsections A through C.
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 this section, 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 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.
Publication of proclamation.
— This language requires the publication of the full text of the proposed constitutional amendment together with the proclamation. 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.
An insert subject to attack.
— Publication of the proposed constitution and proclamation in the form of an insert would be subject to legal attacks. 1969 Op. Att'y Gen. No. 69-125.
Publication of constitutional amendments.
— Proposed constitutional amendments must be set forth in full in the election proclamation published by the board of county commissioners. 1955 Op. Att'y Gen. No. 55-6181 (opinion rendered under former law).