Edgewood abortion ordinance election on hold
Feb. 26—Edgewood voters expecting to cast ballots next month on the question of whether to overturn an ordinance restricting access to the abortion pill and related items will have to wait until August.
Santa Fe County Clerk Katharine Clark denied the town's proclamation for a special mail-in election in March because the ballot question was worded in an improper manner, according to a Feb. 8 letter Clark sent to Nina McCracken, Edgewood's town manager.
According to the letter, Clark wrote "The question is posed in the form of an initiative ballot question, rather than a referendum ballot question and has no legal effect." It went on to say the County Clerk's office would not conduct the special election as requested.
McCracken confirmed in an email Monday the special election will not occur in March and wrote: "The issue can be resolved but will need to wait until after the black out period for elections. My understanding is this will be closer to the summer time."
Mitchell Cox, a spokesman for the County Clerk's Office, said in an interview there is a "small window" between the June primary election and the November general election in which Edgewood could "run a special election, which requires the proper language and phrasing of the question."
Edgewood's commissioners addressed the issue at a meeting earlier this month. Commissioner Jerry Powers said the special election proclamation was denied because of wording issues.
This is not the first time a vote has been delayed. In September, Clark sent McCracken a two-sentence letter that said her office considered the issue a non-binding "advisory question," meaning it was not eligible to be placed on the ballot in November's general election.
Edgewood officials then formulated a proclamation to hold a special election on March 21.
Powers said in an interview Monday the town commissioners have asked Edgewood town clerk Rachel Martinez to work with Clark's office to ensure the proclamation wording is correct so an August election can be scheduled.
"Under our form of government the people have the right to make a decision on a referendum so we are trying to see their rights on this issue are upheld," Powers said.
Edgewood's commission approved the ordinance, which conflicts with state law, in a 4-1 vote last April. The following month, residents who opposed the measure submitted a petition with several hundred signatures calling for the referendum.
Edgewood resident Marcia Smith, who helped spearhead the petition effort, said she hopes Clark continues to reject the request for a special election.
"We have been given the right to access abortion care by the state of New Mexico and my neighbors should not be able to decide if they can take that right away from any woman," Smith said.
Abortion remains legal in New Mexico under state statute, and the state Supreme Court is still considering a case questioning whether local governments have the right to restrict the procedure in the face of state laws protecting abortion access.
Attorney General Raúl Torrez launched that case after several conservative-leaning Eastern New Mexico cities and counties passed anti-abortion ordinances. The state Supreme Court heard oral arguments in the case in December.
The cities and towns that approved anti-abortion measures, including Edgewood, invoked the federal 1873 Comstock Act, which prohibits mailing medications or other materials that might lead to abortion.
Edgewood's ordinance, which has remained inactive, not only would ban the distribution of abortion pills through the mail but makes it possible for a resident to sue anyone who violates the ban. People found guilty of violating the ordinance would face a minimum fine of $100,000.
Asked if a state Supreme Court decision on the issue might change Edgewood's decision to go forward with the special election, Powers said, "We're just waiting on what the ruling will be and then we'll determine what to do."
