A. Whenever a state ballot question is to be submitted to the voters of the entire state on a general election or regular local election ballot, not less than seventy days before the election, the secretary of state shall certify the state ballot question to the county clerk of each county.

B. Whenever a local government ballot question is to be submitted to the voters of a local government on a general election or regular local election ballot, not less than seventy days before the election at which the ballot question is proposed to be submitted to the voters, the local government shall file a resolution proposing the ballot question with the county clerk of each county containing any precinct in which votes may be cast for or against the local government ballot question. Not less than sixty-seven days before the election, each county clerk shall certify the local government ballot question to the secretary of state.

C. Whenever a state or local government ballot question is to be submitted to the voters in a special election, the proclamation calling the election shall be filed with or certified to the county clerk of each county containing any precinct in which votes may be cast pursuant to the provisions of the Special Election Act [Chapter 1, Article 24 NMSA 1978].

History: 1953 Comp., § 3-16-3, enacted by Laws 1969, ch. 240, § 376; 1977, ch. 222, § 93; 1981, ch. 146, § 1; 2017, ch. 101, § 18; 2019, ch. 212, § 135.

Cross references. — For constitutional provision on the proposal and ratification of constitutional amendments, see N.M. Const., art. XIX, § 1.

The 2019 amendment, effective April 3, 2019, removed references to "constitutional amendments", and revised the procedures for certifying state or local government ballot questions; in the section heading, deleted "State constitutional amendments" and added "Ballot questions"; in Subsection A, after "Whenever a", deleted "proposed constitutional amendment or other" and added "state ballot", after "entire state", deleted "secretary of state" and added "on a general election or regular local election ballot", after "not less than", deleted "sixty-three" and added "seventy", after "submitted", added "secretary of state", and after "certify the", deleted "proposed constitutional amendment or" and added "state ballot"; and added Subsections B and C.

The 2017 amendment, effective June 16, 2017, changed the deadline by which the secretary of state must certify a proposed constitutional amendment or question to the county clerk of each county; and after "not less than", deleted "fifty-six" and added "sixty-three".