CITY OF GRANTS, N.M. – The City of Grants charter details for the reasons and methods that the city government is formed. First and foremost, the charter ensures that the people are the priority of the government. It does this by ensuring in both the Preamble and Article One that the people are the primary focus of the government, and that the government cannot exist without the consent of the people. The charter details the various branches of the government: Firstly, establishing the legislative in the form of a council; secondly, establishing the executive in the form of the mayor and manager; thirdly, establishing the judicial in the form of the municipal judge.
The charter goes into detail about the departments, divisions, employees in special positions, and average employees and their scope of work. The charter details how the city is meant to manage finances and the detail that must go into the budgets, which will be used to pay for all operations of the city.
To secure the posterity of the city and the powers granted to the electors, the charter establishes rules for the elections which take place within the city.
Article VII: ELECTIONS
Article seven of the city charter details the process. From the specific date of regular elections, to preventing fraud, ballot provisions (where citizens vote on different actions which will affect their city), recall of elected officials, and the special rules which impact each of these types of elections.
This article is made up of five sections, each with a series of subsections. For the purposes of Article Seven, a qualified elector is someone who can legally vote in elections within the City of Grants.
Section One: City Elections
This section details the basics of elections.
Subsection A declares that the City of Grants shall follow all the preestablished municipal rules for elections as handed down by the state, unless those rules counter the charter – if those rules do not follow the charter’s rules, then the charter’s rules will take precedent. This is allowed because, as previously established in this charter, the city operates as home rule and can choose the best action for governance. This is a powerful section because it enforces the city’s ability to control its own government in the face of state oversight.
Subsection B declares when each municipal election will take place. This subsection states, “The regular municipal election shall be held on the first Tuesday in March of each even numbered year.”
Subsection C removes the political party designations from elections. This makes all city elections non-partisan and removes the ability for the ballot to make any reference to political parties. Theoretically, this would make it so that the best candidate is chosen for the elected office based on their merits rather than their political designation.
Subsection D demands that the governing body establish ordinances and rules to prevent fraud and disorderly conduct of any kind at the polls. State and federal laws already govern a good deal of voting laws, but the charter ensures that in the event those laws are overturned, the citizens of Grants remain protected from fraud and disorderly conduct.
Section Two: General Provisions Governing Initiative, Referendum, and
Recall
Subsection A of this section explains that – when it comes to elections – the process of initiative, referendum, and recall exist solely in the hands of the electors. To understand what this subsection means, we need to explore what these items are.
“Initiative” is the name for an item placed on a ballot by the electors; this process bypasses the mayor, manager, and council, giving full power to the people to enforce changes if they desire. However, the charter does grant the council the ability to adopt an initiative before it is placed an election ballot.
“Referendum” a general term for when the people are posed with a question by their leaders for a decision, primarily in this charter it is designated as the citizens’ ability to question ordinances adopted by the city council.
“Recall” is a process which allows the citizens to remove an official from their elected post before their term has ended. There was recently a recall effort about Mayor Martin “Modey” Hicks that failed to achieve the necessary support to gain a position on that ballot.
Each of these special election types have specific rules for how they can be employed; they will be explained further in the charter.
Subsection B serves to reinforce Subsection A of Section One, establishing that the state rules over elections will be used in city elections unless they counter the charter, in which case the charter will take precedent.
Subsection C describes the requirements of getting an initiative, referendum, or recall on the ballot.
1. The proposed petition must be certified by the Grants city clerk as correct and accurate before signatures to get the petition on any ballot can begin. Doing otherwise is a violation of this charter and makes that petition invalid.
2. The charter ensures that the clerk certifies the petition by describing specific rules for the petition:
a. The petition must have a header which explains the purpose of the petition, whether it is for initiative, referendum, or recall.
b. The petition must have the full text of the initiative or referendum, or, if the petition is for recall, must have the name of the elected official being recalled.
c. The petition must have a space for a signer to write the date, their printed name, address, and the individual’s signature.
d. This provision helps to reinforce the idea of preventing fraud in elections. There must be a section that explains any person who signs a petition for initiative, referendum, or recall that does not live in the city will be guilty of a felony.
Subsection D declares that any petition which fails to gain the clerk’s approval for signature circulation before being circulated, will not be accepted by the clerk because it would be in violation of this charter.
Subsection E explains that any petition for initiative or recall must be returned to the clerk not more than 60 days after it was first approved. If the petition cannot receive a necessary number of signatures within that time, the petition will fail. It explains that referendum petitions must be submitted to the clerk within 60 days of the council voting to have a referendum, or it will fail.
Subsection F declares that any petition submitted to the clerk must contain a signed affidavit which explains that the person submitting the petition personally circulated the petition and obtained signatures from qualified electors of the city. The affidavit must also express that all signatures are those of qualified electors within the city to the best of the petitioner’s knowledge.
Subsection G declares that, when an initiative, referendum, or recall petition is received with the necessary signatures and affidavit, the city shall follow state law to see the petitions placed on a ballot unless state law counters the charter, in which case the charter will take precedent.
Section Three: Special Provisions Governing Initiative
This section establishes additional rules for the process of initiative. Initiative is when the qualified electors bypass their governing body to get an item on the ballot without the need of action by the elected officials.
Subsection A reinforces the idea that the qualified electors will have the ability to propose ordinances through the means of an initiative.
Subsection B explains that initiative may not be used to affect the budget, the salaries of officials or employees, the movement of funds, the authorization of bonds or other financial obligations, or to affect taxes.
Subsection C declares the number of signatures needed to get an initiative petition on the ballot. Twenty percent of the qualified electors in each council district must sign an initiative petition for it to succeed.
Subsection D orders that the initiative, after being approved and collecting all necessary signatures and affidavit, will be given to the council.
Subsection E allows the council to receive the initiative petition and act to make it into law; the city council has 30 days to do this. If the council fails to act, or changes the text of the initiative, or attempts to strike down the initiative, the governing body will be required to call a special election for the initiative to be voted on by the people.
Subsection F declares that the initiative, if sent to special election, will have a place on the ballot with a “For” and “Against” under the original text of the initiative, and under the amended text of the initiative, so the voters can determine which is better for the city.
Subsection G declares that whichever version of the initiative receives the greatest number of votes will become law.
Section Four: Special Provisions Governing Referendum
This section details specific rules governing the referendum process. Referendum is a ballot measure that gives the citizens the ability to vote on different actions that will affect the city.
Subsection A allows the qualified electors to review adopted ordinances and vote to keep the ordinance, remove, or amended it.
Subsection B restricts the ability of referendum. This means that referendum may not be used to affect the budget, the salaries of officials or employees, the movement of funds, the authorization of bonds or other financial obligations, or to affect taxes unless the referendum is allowable under state law.
Subsection C allows the council to receive the approved referendum petition and affidavit and decide whether to take action on behalf of the citizens. If they fail to take the exact action as specified in the petition, the governing body must call a special election to let the qualified electors chose what is best for their city.
Subsection D declares that for the special election, the ballot must have the full text of the ordinance or resolution in question with a “For” and “Against” section.
Subsection E declares that if most of the votes are in favor of the ordinance or resolution, it will take effect immediately. If most of the votes are against the ordinance or resolution, it will not take effect.
Subsection F declares that if an ordinance or resolution was enacted due to an emergency (such as the COVID-19 health crisis) it can be repealed by referendum, but before being repealed it will be suspended, and must be repealed by the council because it exists for emergency purposes.
Section Five: Special Provisions Governing Recall
Section five details special rules that affect the process of recalling an elected official. Recall is the process of removing an elected city official before their term has an ended.
Subsection A declares that all officials holding an elected position – including officials who were appointed to fill a vacancy to an elected position – are subject to recall.
Subsection B establishes that if the official being recalled is a councilor:
1. The petition must only be signed by qualified electors in that councilor’s district.
2. The petition must be signed by at least 20 percent of the qualified electors in that councilor’s district.
Subsection C establishes that, if the official being recalled is the mayor or municipal judge, then the petition must be signed by at least 10 percent of the qualified electors from each district, but the petition must have at least 20 percent of the total qualified electors signed onto the petition. Meaning, 10 percent of the voters in each district may not account for 20 percent of the whole of qualified electors. If that is the case, the petition will need additional signatures, otherwise it will be not true to form in the eyes of the clerk and charter.
Subsection D declares that once the council receives the petition with the necessary number of signatures and affidavit, the governing body must call for a special election which will allow the people to determine if the mayor or municipal judge should be recalled.
Subsection E declares that if the official being recalled is a councilor, only people in that district will be allowed to vote as to keep or remove the councilor.
Subsection F eliminates the idea of popular vote in removing an elected official. Unlike the above initiative and referendum elections, which required only a majority of the votes in favor or against to succeed or fail, a recall election will only succeed if 65 percent of the voters in the recall election vote in favor of the action.
Subsection G removes the ability of a recalled official to be reelected or appointed to the position from which they have been removed from until their term of that office has expired.
Subsection H declares that if a recall vote fails to achieve 65 percent of the votes in favor, the official in question cannot have another recall election brought in the duration of their term.