- Associated Press - Thursday, September 11, 2014

SANTA FE, N.M. (AP) - Bernalillo County commissioners will consider challenging a decision by New Mexico’s top election official that nonbinding questions about marijuana penalties can’t go on November general election ballots in Bernalillo and Santa Fe counties.

The Bernalillo County Commission has scheduled a closed-door meeting Monday morning to discuss whether the county should take legal action against Secretary of State Dianna Duran. The board also scheduled a public meeting right afterward to authorize the county attorney to act on the matter.

Duran said Wednesday that state law doesn’t authorize the placement of advisory questions on the ballot that only ask voters their opinions on issues.

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.

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