In no case shall a nonbinding or merely advisory question be placed on the ballot for any election held pursuant to the Election Code.

History: 1953 Comp., § 3-16-7, enacted by Laws 1969, ch. 240, § 380; 1977, ch. 222, § 97; 2018, ch. 79, § 15; 2019, ch. 212, § 138.

Cross references. — For form of ballot on proposed constitutional amendment, see 1-16-5 NMSA 1978.

The 2019 amendment, effective April 3, 2019, removed a provision related to the form for ballots; replaced the section heading; deleted former Subsection A and deleted the subsection designation "B.".

The 2018 amendment, effective July 1, 2018, changed the deadline by when a copy of the resolution proposing a question to be submitted to the voters of a county or local government must be sent to the secretary of state, and provided that nonbinding or advisory questions shall not be placed on the ballot for any election held pursuant to the Election Code; added subsection designation "A."; in Subsection A, after "submitted to the voters of a county", added "or local government", and after "not less than", deleted "thirty" and added "seventy"; and added Subsection B.

Municipal questions. — A municipality has no legal authority to submit questions to voters of the municipality on a general election ballot. A municipality may submit a question to voters of the municipality on a municipal ballot in a municipal election held on the same day as a general election. 2012 Op. Att'y Gen. No. 12-05.

Ballot instructions. — Ballots for voting upon a referred act should bear the following instructions: "Instructions to voters. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' If you desire to vote against the retention of the act, mark X in the square opposite the words 'FOR REJECTION OF THE ACT.'" 1950 Op. Att'y Gen. No. 50-5315 (opinion rendered under former law).