AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Secretary of State of New Mexico attempted to reinstate straight-ticket voting for the November 2018 general election. A coalition comprising voters, political parties, and political organizations petitioned the Supreme Court of New Mexico for a writ of mandamus to halt the Secretary's efforts, arguing that she lacked the authority to make such a change without legislative approval.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioners: Argued that the Secretary of State does not have the authority to reinstate straight-ticket voting as this is a policy decision that should be made by the Legislature. They contended that the Legislature has not delegated such authority to the Secretary and that her actions violate the principles of separation of powers.
• Respondent (Secretary of State): Contended that the Legislature has not explicitly prohibited straight-ticket voting and has left the decision to include such an option on the ballot to the discretion of the Secretary. The Secretary argued that the Election Code grants her discretion in the formulation of the ballot.

Legal Issues

• Whether the Secretary of State has the authority to reinstate straight-ticket voting without legislative approval.
• Whether the Legislature has delegated the authority to decide on the inclusion of straight-ticket voting on the ballot to the Secretary of State.

Disposition

• The petition for writ of mandamus is granted, stopping the Secretary of State from reinstating straight-ticket voting for the November 2018 general election.

Reasons

• NAKAMURA, Chief Justice, with VIGIL, MAES, DANIELS, and LOVELESS concurring:
  The Court found that the Secretary of State does not possess the authority to reinstate straight-ticket voting without legislative approval, as this constitutes a policy decision that falls within the purview of the Legislature (paras 1, 5-9).
  The Court held that the Legislature cannot delegate election policy determinations to the Secretary of State, and doing so without explicit legislative approval violates the principles of separation of powers (paras 5-9).
  The Court reviewed the history of straight-ticket voting in New Mexico, noting that the Legislature had previously authorized and then repealed provisions related to straight-ticket voting, indicating that it is a legislative matter (paras 10-34).
  The Court analyzed Section 1-10-12(F) of the NMSA 1978, concluding that it does not grant the Secretary of State the authority to decide on the inclusion of straight-ticket voting on ballots, as it pertains only to the technical aspects of ballot formatting (paras 36-45).
  The Court concluded that the Legislature has not delegated the authority to the Secretary of State to make the policy decision of whether to include straight-ticket voting as an option in general elections (paras 46-47).