New Mexico Register / Volume XXXIV, Issue 16 / August 29, 2023
This is an amendment to 1.10.24 NMAC, Sections 2, 3, 6,
7, 8, 9 and 10, effective 8/31/2023.
1.10.24.2 SCOPE: This rule applies to any referendum petition submitted or filed with the office of the secretary of state pursuant to Article IV, Section 1 of the Constitution of New Mexico and pursuant to the provisions of Section 1-17-1 through 1-17-14, NMSA 1978.
[1.10.24.2 NMAC - N, 4/15/2004; A, 8/31/2023]
1.10.24.3 STATUTORY
AUTHORITY: [Election Code, Paragraph (2) of Subsection A] Subsection
B of Section 1-2-1 NMSA 1978 and Article 17 of the Election Code. [The issuing authority shall adopt rules
and regulations to carry out the provisions of the Election Code.]
[1.10.24.3 NMAC -
N, 4/15/2004; A, 8/31/2023]
1.10.24.6 OBJECTIVE: The
objective of this rule is to establish administrative procedures for the review
of submitted draft referendum petitions prior to circulation and to
establish administrative procedures for the review of signatures [for]
on completed referendum petitions.
[1.10.24.6 NMAC - N, 4/15/2004; A, 8/31/2023]
1.10.24.7 DEFINITIONS:
A. “Certified list” means the alphabetized listing of
registered voters of a county that is under the signature and seal of the [county
clerk] secretary of state.
B. “Designated agent” means the sole individual authorized by the referendum sponsors to act on behalf of sponsors.
C. “Fictitious, forged or otherwise clouded signatures” means signatures including, but not limited to, the names of celebrities and actors that are not registered voters or qualified electors of New Mexico, cartoon characters, historical figures, animal companions or livestock, or any signature where the address is not legible and the signer could not be sufficiently identified by a judge.
D. “Petition” means the referendum form, approved, certified, and circulated pursuant to Article 17 of the Election Code.
E. “Petitioner” means an individual, group of persons or organization circulating a referendum petition pursuant to Article IV, Section 1 of the New Mexico Constitution and the provisions of Article 17 of the Election Code.
F. “Qualified elector” means any [person] resident
of this state who is qualified to vote under the provisions of the
Constitution of New Mexico and the Constitution of the United States and
includes any qualified resident.
G. “Registered voter” means a qualified elector, registered to vote pursuant to the provisions of the Election Code.
H. “Signer” means a qualified elector or registered voter who signs his name to a referendum petition.
I. “Solicitor” means a person who circulates a referendum petition and requests the signatures of qualified electors or registered voters.
J. “Sponsor” means the individual, group of persons or organization circulating a referendum petition pursuant to Article IV, Section 1 of the New Mexico Constitution and the provisions of Article 17 of the Election Code.
[1.10.24.7 NMAC - N,
4/15/2004; A, 8/31/2023]
1.10.24.8 COMPLETED PETITION FILING:
A. Only the designated agent shall file the petition on behalf of the
sponsors.
B. A completed referendum petition filed pursuant to Section 1-17-10
NMSA 1978, shall not be withdrawn nor added to at the time of initial filing,
but may be later amended subject to the provisions of Section 1-17-12 NMSA
1978.
C. At the time of filing, the designated agent shall submit a certified list or the registered voters of each county represented in
the petition. The secretary of state
shall provide the certified lists to the designated agent upon completion of a
request affidavit on a form prescribed by secretary of state. The affidavit
shall inform the designated agent of the requirement to comply with Section 1-5-5.6
and Subsection A of Section 1-5-22 NMSA 1978. The certified list shall be [in
both electronic media and paper] provided electronically.
D. If a signer of a referendum petition is a qualified elector, but not a registered
voter pursuant to the provisions of the Election Code [(NMSA 1-1-1 through
1-24-4, NMSA 1978)] the qualified elector shall write “qualified
elector” in lieu of a voting precinct on the petition page, and the
designated agent shall submit documentation that the signer is 18 years of age
and a resident of the county listed above the signature of the signer. Acceptable documentation consists of a
government issued verification of the age of the signer and other documents
that indicate county of residence.
E. The secretary of state shall determine the acceptability of any documents
submitted.
[1.10.24.8 NMAC - N,
4/15/2004; A, 8/31/2023]
1.10.24.9 COMPLETED PETITION VERIFICATION:
A. The secretary of state shall examine each page of the petition to
determine the validity of signatures consistent with the requirements of
Article 17 of the Election Code.
B. Fictitious, forged or otherwise clouded signatures shall be deleted from
the petition consistent with Section 1-17-11, NMSA 1978.
[1.10.24.9 NMAC - N, 4/15/2004; A, 8/31/2023]
1.10.24.10 PETITION
APPROVAL BEFORE CIRCULATION:
A. Before any referendum
petition is circulated for signatures, the sponsors shall submit the original
draft thereof to the secretary of state to determine if it meets the
requirements of law for referendum petitions pursuant to Section 1-17-1,
Section 1-17-2, Section 1-17-5, Section 1-17-6, Section 1-17-8 NMSA 1978 and
Article IV, Section 1 of the Constitution of New Mexico.
B. Requirements as outlined
in Section 1-17-2 and Subsection E of Section 1-17-5 NMSA 1978 shall appear on
the front of the petition page, as only the required certificate shall appear
on the back of each petition page pursuant to Section 1-17-6 NMSA 1978.
C. Pursuant to Section
1-2-1.1 NMSA 1978, the secretary of state shall contact the attorney general
for review of referendum petition submissions and request signature for
petitions certified as meeting all requirements of law for referendum petitions
as required by Section 1-17-8 NMSA 1978.
D. The secretary of state shall respond
to the draft submission in accordance with Subsection B of Section 1-17-8 NMSA
1978 within 30 days of submission.
[1.10.24.10 NMAC – N, 8/31/2023]
History of 1.10.24
NMAC: [RESERVED]