New Mexico's top election official says she won't place nonbinding questions about marijuana penalties on the November general election ballot for voters to decide in two counties.
Secretary of State Dianna Duran said in a statement Wednesday that state law doesn't authorize ballot questions that only ask voters their opinions on issues such as lessening penalties for possessing marijuana.
Santa Fe and Bernalillo county commissioners approved proposals this week to poll voters about their support for making possession of small amounts of marijuana a civil infraction.
Critics contend the measures are an attempt to get younger voters to the polls, potentially helping Democratic candidates.
Duran, a Republican, said state law only allows for ballot questions in which voters make a decision such as approving a tax increase.