Legal Wrangle

Bernalillo County to challenge secretary of state on marijuana advisory question

The Bernalillo County Commission today voted 3-2  to file a legal challenge to the secretary of state's attempt to keep two advisory questions off the November election ballot.

One of those questions seeks to ask voters if the county should support decriminalizing penalties for possession of one ounce of marijuana or less. Last week, both the Bernalillo and Santa Fe county commissions voted to put such a question on both counties' ballots. Neither question would hold legal weight. Instead, they would essentially serve as voters' recommendations to the counties.

Secretary of State Dianna Duran quickly told both counties that they had no right to put "poll questions" on general election ballots and that her office would bar them from doing so. But both counties say they have the right to, pointing out that advisory questions are not addressed in state statute nor the state constitution.

Santa Fe County Clerk Geraldine Salazar recently told SFR that her office should control the county side of all election ballots while Duran's office controls the side of the ballot with statewide races.

Bernalillo County's legal challenge against her ruling will be filed to the state Supreme Court. The commission's two Republicans voted against the measure. The Santa Fe County Commission is expected to make a similar after a special meeting tomorrow. Salazar says that her office needs the issue resolved by Friday so she can get ballots out to absentee voters in time.

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