The questions are non-binding, meaning they are not meant to create any sort of law at this time. They are simply being used to poll voters on whether or not further action on the matter should be considered.
The ruling goes against Secretary of State Dianna Duran's rejection of the advisory questions last week, when she wrote to the county commissions that "neither a municipal council nor county commission has unlimited discretion when it comes to placing questions on a General Election ballot."
The ruling also means Bernalillo County will be allowed to pose a ballot advisory question on a mental health and social services tax to county voters.
“This is a significant victory on two fronts,” said Santa Fe County Commissioner Liz Stefanics. “First, the Supreme Court has confirmed that the Secretary of State does not have the authority to override local elected officials with respect to ballot questions. Second, and more importantly, this means that the citizens of Santa Fe County will be able to express their opinion on this important policy question.”
"I am not going to make up a law that doesn't exist just to satisfy politicians," Secretary of State Dianna Duran said. "Some may decide to do that, but I am not going to do that." More
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