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Making the ballot but not Duran's way

New Mexico Secretary of State Dianna Duran got her comeuppance in a case before the state Supreme Court a couple of weeks ago.
She was adequately represented in the case by a private attorney of her choosing (paid for with taxpayer dollars, of course) when she appeared before the five justices. Nonetheless, she lost in a unanimous ruling, five-to-zip.
As state law and custom have it, when the governing bodies of New Mexico counties approve measures for voters to consider in a general election, it falls to the Secretary of State to see to it that those measures are duly and properly placed on the general election ballot.
The Secretary of State, after all, is the state’s chief election official, responsible for preparing and superintending printing of the ballots that await voters in their polling places come Election Day.
So when the county commissions of two New Mexico counties, Santa Fe and Bernalillo, passed and submitted to Secretary Duran a pair of non-binding measures asking voters whether they would support decriminalizing the possession of small quantities of marijuana, the two counties’ commissioners had every reason to assume the Secretary of State would do her duty by putting the questions on the November ballot.

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