Proposed constitutional amendment · Draft
Separation of Ballots by Election Level
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE VII OF THE CONSTITUTION OF NEW MEXICO TO REQUIRE SEPARATE BALLOTS FOR FEDERAL CONTESTS AND STATE AND LOCAL CONTESTS AND QUESTIONS.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
It is proposed to amend Article VII of the Constitution of New Mexico by adding a new section to read:
“Section [New]. Separation of Ballots by Election Level.
A.
All elections in the state shall utilize separate ballots as follows to promote voter accessibility, reduce fatigue, and ensure informed participation:
- Federal/National Ballot: Shall include only contests for federal offices (President and Vice President of the United States, United States Senator, and United States Representative) and any federal ballot measures or referenda required by federal law. This ballot shall be provided to all qualified electors.
- State and Local Ballot: Shall include all remaining contests and questions, including statewide offices (Governor, Lieutenant Governor, and other state executive and judicial positions), state legislative offices, county and municipal offices, school board and other local positions, judicial retention or election questions, and all state, county, municipal, school district, or other local ballot measures, bonds, initiatives, or propositions.
B.
The Legislature shall enact laws to implement this section, including:
- Procedures for distributing the appropriate ballot(s) to voters at polling places, early voting sites, and by mail/absentee.
- Rules ensuring voters receive only the ballots for which they are eligible (e.g., based on residency and precinct).
- Options for consolidated voting in a single visit where feasible, using distinct physical or digital ballot forms.
- Accommodations for voters with disabilities, language needs (consistent with existing bilingual requirements), and military/overseas voters.
- Pilot programs or phased implementation if needed for voting systems.
C.
Nothing in this section shall prevent the Legislature from authorizing further separations (e.g., distinct local-only elections) or from aligning election dates for efficiency, provided the core federal vs. state/local distinction is maintained. School elections and other nonpartisan local contests may be held concurrently with the state/local ballot or on separate dates as provided by law.
D.
This section shall take effect on the first general election occurring at least one year after voter approval, or as otherwise provided by implementing legislation. The Secretary of State and county clerks shall prepare sample ballots and voter education materials highlighting the separation.
”
SECTION 2.
The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.
Reference Material
Drafting notes
The proposed constitutional provision retains the supplied division between federal and state/local ballots, voter-eligibility rules, distribution procedures, accessibility accommodations, implementation flexibility and sample-ballot education requirements. The proposed section number is left as a placeholder; the source suggested Section 6 as an example.
The operative timing language remains the first general election at least one year after approval, or another date provided by implementing legislation. The comparisons, claimed benefits and adoption guidance below are the supplied author’s background discussion.
Original proposal, research, rationale and sources
The majority of voting in other countries than the United States appears to have a better way of separating ballots so that national issues are on one ballot and then all municipal issues and proposals, lower-level election positions, are on a separate ballot. Take a look at the way the world handles it versus the way New Mexico handles it and come up with a New Mexico constitutional amendment to be adopted by the state that rectifies the extremely long ballot process and ballot forms that New Mexico has been producing. It's almost unworkable, so break the two issues into two different ballots by constitutional amendment.
Proposed New Mexico Constitutional Amendment: Separation of Federal/National and State/Local Ballots (Ballot Separation Amendment).
Summary of the Problem
New Mexico general election ballots often combine federal (U.S. President/Vice President, U.S. Senate, U.S. House), statewide (Governor, other state offices, state legislature), judicial retention/retention questions, local offices (county, municipal, school board), and numerous ballot measures/bonds/proposals into one lengthy document. This creates "ballot fatigue," where voters face dozens of races and complex issues at once, potentially leading to lower turnout on down-ballot items, higher error rates (undervotes/overvotes), and reduced informed participation.
koat.com
Many other countries (and some U.S. practices) separate national/federal contests from subnational ones to improve focus and manageability. Examples include:
- Separate national legislative/presidential elections from local/municipal ones in various European and Latin American systems.
- Staggered or distinct ballots for different levels in places like the UK (constituency vs. list votes on separate papers in some devolved elections) or multi-round systems.
- U.S. variations where some jurisdictions use consolidated vs. separate ballots for partisan/nonpartisan races, or hold school/municipal elections off-cycle.
New Mexico already uses paper ballots with optical scanning and has flexibility in election administration, but the state constitution and statutes do not mandate clear separation of federal vs. state/local contests.
sos.nm.gov
Proposed Constitutional Amendment Text
This would be a legislatively referred constitutional amendment (simple majority in both chambers of the NM Legislature, then simple majority of voters at a general election). It adds a new section to Article VII (Elective Franchise) of the New Mexico Constitution.Proposed New Section (e.g., Article VII, Section 6 – [Separation of Ballots by Election Level]):”A. All elections in the state shall utilize separate ballots as follows to promote voter accessibility, reduce fatigue, and ensure informed participation:
1. Federal/National Ballot: Shall include only contests for federal offices (President and Vice President of the United States, United States Senator, and United States Representative) and any federal ballot measures or referenda required by federal law. This ballot shall be provided to all qualified electors.
2. State and Local Ballot: Shall include all remaining contests and questions, including statewide offices (Governor, Lieutenant Governor, and other state executive and judicial positions), state legislative offices, county and municipal offices, school board and other local positions, judicial retention or election questions, and all state, county, municipal, school district, or other local ballot measures, bonds, initiatives, or propositions.
B. The Legislature shall enact laws to implement this section, including:
- Procedures for distributing the appropriate ballot(s) to voters at polling places, early voting sites, and by mail/absentee.
- Rules ensuring voters receive only the ballots for which they are eligible (e.g., based on residency and precinct).
- Options for consolidated voting in a single visit where feasible, using distinct physical or digital ballot forms.
- Accommodations for voters with disabilities, language needs (consistent with existing bilingual requirements), and military/overseas voters.
- Pilot programs or phased implementation if needed for voting systems.
C. Nothing in this section shall prevent the Legislature from authorizing further separations (e.g., distinct local-only elections) or from aligning election dates for efficiency, provided the core federal vs. state/local distinction is maintained. School elections and other nonpartisan local contests may be held concurrently with the state/local ballot or on separate dates as provided by law.D. This section shall take effect on the first general election occurring at least one year after voter approval, or as otherwise provided by implementing legislation. The Secretary of State and county clerks shall prepare sample ballots and voter education materials highlighting the separation."
Key Features and Rationale
- Clear Division: Federal ballot focuses attention on national issues without local clutter (and vice versa). This mirrors practices in many democracies where national and local votes are distinct.
- Implementation Flexibility: Legislature handles details via statute (e.g., ballot design, tabulation). New Mexico's existing paper ballot/optical scan systems and "Voting Convenience Centers" can easily accommodate multiple ballot styles.
- Voter Benefits: Shorter individual ballots improve completion rates and reduce errors. Voters can
prioritize or research separately if
desired.
- No Conflict with Federal Law: Federal elections remain uniform in timing (per U.S. Constitution and statutes), but ballot format is a state "manner" issue under the Elections Clause.
- Precedents in NM: Recent amendments have addressed election timing (e.g., school elections) and accessibility. This builds on that.
Path to
Adoption
1. Legislature passes a Joint Resolution (simple majority).
2. Appears on general election ballot with explanatory language (in English, Spanish, etc.).
3. Voter approval by simple majority.
4. Implementing legislation follows for logistics.
This amendment directly addresses the "extremely long ballot" issue while respecting New Mexico's election traditions. It would make voting more manageable without major overhauls to voting systems or dates. If pursued, consult the Secretary of State's office and election law experts for precise drafting and fiscal notes.