For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

Referendum Petitions

NMSA 1978 ch. 1, art. 17
in effect

NMSA 1978, § 1-17-1 Referendum petitions; who may sign

1-17-1. Referendum petitions; who may sign Any person who is a qualified elector of New Mexico and who disapproves any law not excepted by the constitution of New Mexico may sign a referendum petition in his own proper handwriting, and not otherwise, to order a referendum vote upon a law enacted at the last preceding session of the legislature. 1953 Comp., § 3-17-1, enacted by Laws 1969, ch. 240, § 386.

NMSA 1978, § 1-17-2 Referendum petitions; form

1-17-2. Referendum petitions; form The petition and order for referendum shall be in the following form: "PETITION FOR REFERENDUM To the Honorable............................................. (Name of secretary of state) (Name of secretary of state) We, the undersigned, qualified electors of............ county, New Mexico, who disapprove Laws 19...., Chapter...., of New Mexico, approved...... day of......, 19..., entitled 'An Act......,' respectfully request by this our petition that it be referred to the people of New Mexico, to the end that the same may be approved or rejected by vote of the qualified electors of the state at the next regular general election to be held on the...... day of......., 19..; and each of us for himself says: I am a qualified elector of...... county, New Mexico, and my residence, post-office address and voting precinct are correctly written after my name. NAME RESIDENCE POST-OFFICE VOTING PRECINCT. " NAME RESIDENCE POST-OFFICE VOTING PRECINCT. " 1953 Comp., § 3-17-2, enacted by Laws 1969, ch. 240, § 387.

NMSA 1978, § 1-17-3 Referendum petitions; solicitor of signatures; duty

1-17-3. Referendum petitions; solicitor of signatures; duty 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. 1953 Comp., § 3-17-3, enacted by Laws 1969, ch. 240, § 388.

NMSA 1978, § 1-17-4 Referendum petitions; penalty

1-17-4. Referendum petitions; penalty It is a fourth degree felony for any person, on a petition for referendum, to: A. sign any name other than his own, except to write thereon the name of a person who cannot write and who signs his name with his mark; B. sign his name more than once on a petition on the same law; C. sign his name when he is not a qualified elector in the county specified in the petition; or D. knowingly misrepresent the purpose and effect of the petition or law thereby affected, for the purpose of causing anyone to sign the petition in reliance upon such misrepresentation. 1953 Comp., § 3-17-4, enacted by Laws 1969, ch. 240, § 389.

NMSA 1978, § 1-17-5 Referendum petitions; requirements as to contents

1-17-5. Referendum petitions; requirements as to contents A. Each page of a referendum petition upon which signatures of petitioners are to be solicited shall be an exact copy of all other pages of the referendum petition, except as to the county name and actual signatures. B. Each page of any referendum petition to be filed shall have attached thereto the certificate of the person who circulated such petition. C. No page of a referendum petition shall contain signatures of petitioners from more than one county. When a complete set of pages is delivered to the secretary of state as a completed petition, the sponsors shall also deliver a certified list of the registered voters of the county in which the particular pages were circulated and signed. D. When a sufficient number of pages of a referendum petition are signed by the required number of qualified electors and are filed and duly certified by the secretary of state, they shall be treated and considered as one petition. E. Each referendum petition shall be headed in boldface type, over the signature of the attorney general, with necessary instructions to the person who solicits signatures for the petition and to the signers of the petition, informing them of the privileges granted by the constitution and penalties imposed for violations of the law pertaining to referendum petitions. 1953 Comp., § 3-17-5, enacted by Laws 1969, ch. 240, § 390.

NMSA 1978, § 1-17-6 Referendum petitions; form of certificate

1-17-6. Referendum petitions; form of certificate 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. ........................................................... (signature of person soliciting signatures for petition)........................................................... (post-office)". ........................................................... (signature of person soliciting signatures for petition) ........................................................... (post-office)". 1953 Comp., § 3-17-6, enacted by Laws 1969, ch. 240, § 391.

NMSA 1978, § 1-17-7 Referendum petitions; false certification; penalty

1-17-7. Referendum petitions; false certification; penalty Falsely certifying to the statements contained in the certificate required of persons soliciting signatures on a referendum petition is a fourth degree felony. 1953 Comp., § 3-17-7, enacted by Laws 1969, ch. 240, § 392.

NMSA 1978, § 1-17-8 Referendum petitions; approval before circulation

1-17-8. Referendum petitions; 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 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 that is the object of the petition. B. Within thirty 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. 1953 Comp., § 3-17-8, enacted by Laws 1969, ch. 240, § 393; 2023, ch. 39, § 77.

NMSA 1978, § 1-17-9 Referendum petitions; number; popular name

1-17-9. Referendum petitions; number; popular name 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. 1953 Comp., § 3-17-9, enacted by Laws 1969, ch. 240, § 394.

NMSA 1978, § 1-17-10 Referendum petitions; sufficiency or insufficiency

1-17-10. Referendum petitions; sufficiency or insufficiency The secretary of state shall ascertain and declare the sufficiency or insufficiency of each complete referendum petition within thirty days after it is filed in the secretary's office. 1953 Comp., § 3-17-10, enacted by Laws 1969, ch. 240, § 395; 2023, ch. 39, § 78.

NMSA 1978, § 1-17-11 Referendum petitions; sufficiency of petition; burden of proof

1-17-11. Referendum petitions; sufficiency of petition; burden of proof A. In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page. B. If the sponsors of the referendum petition refuse or fail to assume and meet such burden, the secretary of state shall reject the entire page and shall not count as petitioners any of the names appearing thereon. 1953 Comp., § 3-17-11, enacted by Laws 1969, ch. 240, § 396.

NMSA 1978, § 1-17-12 Referendum petitions; determination of insufficiency; duty of secretary of state

1-17-12. Referendum petitions; determination of insufficiency; duty of secretary of state 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. D. If no action is taken as prescribed in Subsection B of this section within the time limit prescribed, the petition for purposes of referral to the people at the general election is void. 1953 Comp., § 3-17-12, enacted by Laws 1969, ch. 240, § 397.

NMSA 1978, § 1-17-13 Referendum petitions; writ of mandamus

1-17-13. Referendum petitions; writ of mandamus A. If the secretary of state fails or refuses to examine and certify the sufficiency or insufficiency of any referendum petition within the time prescribed, any twenty-five qualified electors who feel aggrieved thereby may within fifteen days thereafter apply to the supreme court for a writ of mandamus. B. If the court decides that such petition is legally sufficient, it shall order the secretary of state to file and certify the sufficiency thereof as of the date upon which it was first offered for filing. A certified copy of the court's finding and order shall be attached to such petition. C. On a proper showing that the referendum petition is not legally sufficient, the court may enjoin the secretary of state from certifying its sufficiency. 1953 Comp., § 3-17-13, enacted by Laws 1969, ch. 240, § 398.

NMSA 1978, § 1-17-14 Referendum petitions; notice of election

1-17-14. Referendum petitions; notice of election 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. 1953 Comp., § 3-17-14, enacted by Laws 1969, ch. 240, § 399.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18502/index.doFetched: 10/20/2026

Starting a business in New Mexico? New Mexico LLC guide: costs and requirements