Pubdate: Thu, 11 Sep 2014
Source: Albuquerque Journal (NM)
Copyright: 2014 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Dan McKay
Page: C1

STATE WON'T LET MARIJUANA QUESTION ON BALLOT

Counties Could Sue Secretary of State

Secretary of State Dianna Duran says she won't allow Bernalillo and 
Santa Fe counties to put nonbinding "advisory" questions on the fall ballot.

Each county had agreed earlier this week to ask voters whether they 
support decriminalizing possession of an ounce or less of marijuana.

In a memo released Wednesday, Duran, a Republican, told the counties 
she has "denied" their attempt to put those questions on the Nov. 4 ballot.

The questions, she said, are really just opinion polls because they 
don't carry the force of law or change local ordinances. Instead, 
they simply ask voters for their opinion. It's not legal to add such 
questions to a general-election ballot, she said.

The dispute may now head to court.

"More than likely, we will have to take legal action because she's 
overstepped her authority," said Debbie O'Malley, a Democrat and 
chairwoman of the Bernalillo County Commission.

In Santa Fe County, officials are looking into their options.

"Our county attorney is talking to the Bernalillo County attorney to 
see whether they want to appeal, and to see if the attorney general 
is invested in this," said Commissioner Liz Stefanics, who introduced 
the advisory question on pot decriminalization. which passed the 
Santa Fe Commission on a unanimous vote.

In addition to the marijuana question, Bernalillo County had wanted 
to ask voters whether they favored a tax increase to fund mental 
health services. The marijuana and tax questions won approval on 3-2 
party-line votes Monday, with Democrats in the majority.

Bernalillo County Democrats also rejected three ballot questions 
requested by the city of Albuquerque - all of which were more 
traditional ballot measures that change laws or approve funding. 
Republicans accused the county of trying to "game" the election by 
adding ballot questions designed not for passing laws, but for 
boosting turnout among young, progressive voters.

In any case, Bernalillo County Attorney Randy Autio said Wednesday he 
doesn't believe the secretary of state is empowered to deny the questions.

"Regardless of the underlying issue, she cannot just choose what she 
places on the ballot," Autio said.

Duran said allowing advisory questions could lead to abuse of the 
election process, squeezing out legitimate measures that would 
actually enact laws or change taxes. It's also illegal, she said.

The constitutional framers and Legislature haven't "authorized an 
elected body to use an official ballot, and the resources provided to 
conduct a general election, merely to take a poll of a constituency 
to determine what the elected body should do," Duran said in a memo 
to the counties.

Bernalillo County Commissioner Wayne Johnson, a Republican, said 
Duran made "the right call."

Commissioners heard conflicting legal opinions earlier this week when 
they took up the questions. A letter from the office of state 
Attorney General Gary King, a Democrat, said the addition of advisory 
questions is legal. An attorney for Duran, a Republican, came to the 
opposition conclusion.

Santa Fe County Clerk Geraldine Salazar said she put the county 
attorney's office to work on another question that needs to be 
answered. She said it's her understanding that one side of the ballot 
is reserved for items voted on statewide and are certified by the 
secretary of state, while the other side deals with local items 
originating from the county, which fall within the county 
jurisdiction. "That's one issue I'm having legal look into," she said.
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MAP posted-by: Jay Bergstrom