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. - --- MAP posted-by: Jay Bergstrom