Judge: SoS has authority to block referendum

SANTA FE — A state judge on Thursday rejected a challenge to Secretary of State Maggie Toulouse Oliver’s authority to determine whether New Mexico laws targeted for repeal are exempt from referendum under the state Constitution.

The ruling by 13th District Court Judge James Noel represents a setback for a coalition of groups who have sought to annul six laws passed this year by the Democratic-controlled Legislature via the rarely used referendum process.

Several of those laws, which deal with abortion, elections and gender-affirming care, are set to take effect June 18.

Toulouse Oliver, a Democrat, ruled after receiving a referendum petition targeting a law prohibiting public bodies from limiting access to abortion services and gender-affirming care that the bill — House Bill 7 — meets an exemption for “public peace, health or safety” of the state.

For that reason, she denied the referendum petition, though supporters of the effort have continued to collect voter signatures.

“It is very disappointing that New Mexicans are being misled about the referendum petition process by certain groups and individuals,” Toulouse Oliver said in a Thursday statement. “But I’m pleased to see the court clarify this matter today with their ruling in favor of our position that the laws currently being targeted for referendum are, in fact, exempted from the referendum process.”

“This is a win for the rule of law and for all New Mexicans,” she added.

The court challenge against the secretary of state was filed in April — just weeks after the 60-day legislative session ended — by Ramona Goolsby of Rio Rancho, who is involved with a coalition of groups seeking to get the targeted laws on the November 2024 ballot for a repeal vote.

In her petition, she argued Toulouse Oliver overstepped her authority by ruling the abortion law is exempt from referendum, saying only the Legislature can determine whether laws are necessary for the public peace and welfare.

But Noel rejected that argument in his Thursday ruling by granting a motion filed by the Secretary of State’s Office to dismiss the court challenge.

In all, Toulouse Oliver has denied 23 referendum petitions since a 60-day legislative session ended in March due to technical problems with the paperwork and legal objections.

The Secretary of State’s office has also directed county clerks not to provide voter lists to those pushing the repeal effort, and warned voters that current petitions circulating are not valid since they have not been approved.

Logan Brown, a Portales High School science teacher and parent, has been helping gather signatures in the Clovis-Portales area.

In a statement late Thursday, Goolsby, who is representing herself, said she had filed court motions seeking to keep the case open.

She also said there are concerns that “partisan politics are alive and well in our courts,” citing the appointment of Noel, a former state assistant attorney general, to the judiciary by Gov. Michelle Lujan Grisham in 2020.