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NM Supreme Court: Advisory Questions Must Be Allowed On Ballot

The state Supreme Court is allowing two New Mexico counties to poll voters about lowering marijuana penalties. The court on Friday ordered Secretary of State Dianna Duran to place the advisory questions on November general election ballots in Bernalillo and Santa Fe counties.  The counties want to survey their voters on whether they support decriminalizing marijuana. Bernalillo County also plans to ask voters about a possible tax levy to finance mental health services.

The counties went to the court after Duran refused to place the measures on the ballot. Duran contended that state law didn't permit nonbinding ballot proposals that only seek to gauge public opinion.

Some Republicans charge that the marijuana proposals are an attempt by Democrats to encourage greater turnout among Democratic-leaning younger and liberal voters.  Advocates have responded that greater voter turnout should not be viewed in a negative light, especially since low turnout is often a challenge in New Mexico and across the nation.

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