New Mexico, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum on legislation

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
New Mexico, USA
Political level
regional
Local Name:
Referendum on legislation
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

New Mexico Constitution, Article IV, Section 1
[...] The people reserve the power to disapprove, suspend and annul any law enacted by the legislature [...]. Petitions disapproving any law other than those above excepted, enacted at the last preceding session of the legislature, shall be filed with the secretary of state not less than four months prior to the next general election. Such petitions shall be signed by not less than ten per centum of the qualified electors of each of three-fourths of the counties and in the aggregate by not less than ten per centum of the qualified electors of the state, as shown by the total number of votes cast at the last preceding general election. The question of the approval or rejection of such law shall be submitted by the secretary of state to the electorate at the next general election; and if a majority of the legal votes cast thereon, and not less than forty per centum of the total number of legal votes cast at such general election, be cast for the rejection of such law, it shall be annulled and thereby repealed with the same effect as if the legislature had then repealed it, and such repeal shall revive any law repealed by the act so annulled; otherwise, it shall remain in force unless subsequently repealed by the legislature. If such petition or petitions be signed by not less than twenty-five per centum of the qualified electors under each of the foregoing conditions, and be filed with the secretary of state within ninety days after the adjournment of the session of the legislature at which such law was enacted, the operation thereof shall be thereupon suspended and the question of its approval or rejection shall be likewise submitted to a vote at the next ensuing general election. If a majority of the votes cast thereon and not less than forty per centum of the total number of votes cast at such general election be cast for its rejection, it shall be thereby annulled; otherwise, it shall go into effect upon publication of the certificate of the secretary of state declaring the result of the vote thereon. [...]

Source: Constitution of the State of New Mexico of 1911 (current through 2012 legislative session)

Subject Matter:

Repealing laws via popular referendum

Actors

Author:
Citizen
Initiator:
Electorate : The petition must be signed by at least 10% of the number of voters in the last general election in each of 3/4 of the state counties as well as in the state as a whole. When signed by at least 25% of the number of voters in the last general election in each of 3/4 of the state counties as well as in the state as a whole within 90 days of the law being passed, the law will be suspended until it is voted on (New Mexico Constitution, Article IV, Section 1).
Decision maker:
Electorate : The referendum measure must pass by a simple majority of those voting on it as well as by at least 40% of the total number of votes at the election (New Mexico Constitution, Article IV, Section 1).

Requirements

Number Of Signatures:
10% of the number of voters voting in the last general election in 3/4 of the state counties as well as in the entire state (New Mexico Constitution, Article IV, Section 1)
Available Time:
Petition must be submitted to the secretary of state for certification before collecting signatures. Signatures must be filed at least 4 months before the next general election (New Mexico Constituion, Article IV, Section 1; State Statutes, 1-17-8).
Turnout Quorum:
The referendum measure must pass by a simple majority of those voting on it as well as by at least 40% of the total number of votes at the election (New Mexico Constitution, Article IV, Section 1).
Approval Quorum:
The referendum measure must pass by a simple majority of those voting on it as well as by at least 40% of the total number of votes at the election (New Mexico Constitution, Article IV, Section 1).
Geographical Quorum:
No geographical quorum to pass. The petition must be signed by at least 10% of the number of voters in the last general election in each of 3/4 of the state counties (New Mexico Constitution, Article IV, Section 1)
Excluded Issues:

New Mexico Constitution, Article IV, Section 1
[...] The people reserve the power to disapprove, suspend and annul any law enacted by the legislature, except general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws. [...]

Source: Constitution of the State of New Mexico of 1911 (current through 2012 legislative session)

Other Formal Requirements:

New Mexico Constitution, Article IV, Section 1
[...] Petitions disapproving any law other than those above excepted, enacted at the last preceding session of the legislature, shall be filed with the secretary of state not less than four months prior to the next general election. [...]

State Statutes, 1-17-8
A. Before any referendum petition is circulated for signatures, the sponsors shall submit the original draft thereof to the secretary of state to determine whether or not it meets the requirements of law for referendum petitions. At the same time the original draft is submitted to the secretary of state, the sponsors shall also submit a suggested popular name for the law which is the object of the petition.
B. Within ten days after submission of the original draft and suggested popular name, the secretary of state shall:
(1) approve and certify the original draft of the petition, and approve and certify the suggested popular name or a more suitable and correct popular name; or
(2) disapprove the original draft and specify each deficiency not in compliance with the law.

Source: Constitution of the State of New Mexico of 1911 and New Mexico State Statutes (current through 2012 legislative session)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

New Mexico Constitution, Article IV, Section 1
[...] It shall be a felony for any person to sign any such petition with any name other than his own, or to sign his name more than once for the same measure, or to sign such petition when he is not a qualified elector in the county specified in such petition; provided, that nothing herein shall be construed to prohibit the writing thereon of the name of any person who cannot write, and who signs the same with his mark. [...]

State Statutes
1-17-3
Every person who solicits signatures to any petition for referendum shall present a full and correct copy of the law on which the referendum is sought to the person whose signature is solicited.

1-17-6
The back of each page of every referendum petition containing the signatures shall bear the following certificate executed by the person who circulated that page of the referendum petition:
"STATE OF NEW MEXICO
COUNTY OF ............
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. [...]

Source: Constitution of the State of New Mexico of 1911 and New Mexico State Statutes (current through 2012 legislative session)

Wording Of Ballot Question:

State Statutes, 1-17-9
The secretary of state shall fix and declare the number of the referendum petition and the popular name of the law to which it refers and by which it shall be designated on the ballot.

Source: New Mexico State Statutes (current through 2012 legislative session)

Interaction With Authorities:

New Mexico Constitution, Article IV, Section 1
[...] The question of the approval or rejection of such law shall be submitted by the secretary of state to the electorate at the next general election [...]

Source: Constitution of the State of New Mexico of 1911 (current through 2012 legislative session)

Supervision And Support:

State Statutes
1-17-10
The secretary of state shall ascertain and declare the sufficiency or insufficiency of each complete referendum petition within fifteen days after it is filed in his office.

1-17-12
A. If the complete referendum petition filed with the secretary of state is found to be insufficient, the secretary of state shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his reasons for so finding.
B. After delivery of such notice of insufficiency, the sponsors shall have thirty days in which:
(1) to solicit and obtain additional signatures;
(2) to submit proof to show that a rejected signature is valid and should be counted; or
(3) to make the petition more definite and certain.
C. Any amendment and correction to the referendum petition shall not materially change the purpose and effect of the petition, and no change shall be made in petition except to correct apparent typographical errors and omissions.
[...]

1-17-14
Before the general election at which any law subject to referendum petition is to be voted upon by the people, the secretary of state shall give notice by publication and posting in the manner required by law for the publication and posting of notice of election on proposed constitutional amendments. The notice shall contain the number of the petition, the ballot title, the certified popular name of the law to which the petition refers and a complete text of the law to which the petition refers.

Source: New Mexico State Statutes (current through 2012 legislative session)

Transparency And Finance:

Practice

Archive:
Remarks: