438 P.3d 343
N.M.2019Background
- In 2018 the New Mexico Secretary of State attempted to reinstate a straight‑ticket voting option for the November general election; petitioners (voters, parties, organizations) sought a writ of mandamus to stop her.
- Petitioners argued the Secretary lacked authority to reinstate straight‑ticket voting because the Legislature alone controls election policy and had removed straight‑ticket provisions from the Election Code.
- The Secretary argued the Election Code grants her discretion to prescribe the "form" of paper ballots (NMSA 1978, § 1-10-12(F)) and thus to decide whether to include a straight‑party option.
- The Court analyzed separation of powers/nondelegation principles, the statutory text of § 1-10-12(F), and the legislative history of straight‑ticket provisions in New Mexico law.
- The historical record showed explicit legislative authorization and detailed rules for straight‑ticket voting from 1927–1977, followed by repeal of those provisions and removal of straight‑ticket references from the Election Code; some machine/emergency‑ballot provisions remained briefly but were later repealed.
- The Court concluded the inclusion of straight‑ticket voting is a substantive policy choice for the Legislature, not a technical ballot formatting decision for the Secretary; it granted the writ of mandamus ordering the Secretary to cease efforts to reinstate straight‑ticket voting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Secretary may reinstate straight‑ticket voting for the general election | Secretary lacks authority; only Legislature can enact election policy | § 1-10-12(F) gives Secretary discretion to prescribe the ballot form, including straight‑ticket option | Secretary cannot decide; only Legislature may reinstate straight‑ticket voting |
| Whether the Legislature delegated authority to the Secretary by authorizing the Secretary to prescribe ballot "form" | No delegation occurred; historical statutes show Legislature handled straight‑ticket policy | The "form prescribed" language permits Secretary discretion over ballot content | The "form" delegation is limited to technical formatting; it does not permit substantive policy choices like reinstating straight‑ticket voting |
| Whether nondelegation/separation of powers forbids the Secretary’s action | Executive action encroaches on legislative power and violates nondelegation | Secretary’s discretion falls within permissible administrative implementation | Nondelegation bars wholesale delegation of the choice whether to adopt straight‑ticket voting; Secretary’s action violated separation of powers |
| Whether historical statutes and regulations authorize Secretary to act | History shows Legislature controlled straight‑ticket policy and removed it from the Code | Secretary points to past regulations (2008) and machine/emergency provisions as support | Historical enactments and repeals indicate Legislature did not intend to delegate the decision; regulations do not confer legislative authority |
Key Cases Cited
- State ex rel. League of Women Voters v. Herrera, 203 P.3d 94 (N.M. 2009) (New Mexico Supreme Court authority to issue original mandamus against state officers)
- Cobb v. State Canvassing Bd., 140 P.3d 498 (N.M. 2006) (nondelegation limits on vesting discretionary authority in administrative bodies)
- Yakus v. United States, 321 U.S. 414 (1944) (delegation doctrine requires standards to guide administrative action)
- Chase v. Lujan, 149 P.2d 1003 (N.M. 1944) (Legislature has plenary power to regulate manner of voting)