Updated: Wage Ruling Expected Today or Tuesday

Judge Nan Nash says she expects to issue a ruling either late today or first thing tomorrow on the minimum-wage ballot measure.

She heard arguments for and against putting the question on the Nov. 6 ballot during a 90-minute hearing this morning.

Attorneys for Ole, the group that’s led the effort to increase Albuquerque’s minimum wage, said the City Council is required by law to put the proposal on the Nov. 6 ballot. That’s because the City Charter requires that an election be held on the measure within 90 days, and state law bars the city from having an election on any other date during that period.

State law prohibits the holding of other elections either 42 days before or 30 days after a statewide election. A municipal election, however, can be held concurrently with the Nov. 6 election.

City Attorney David Tourek, meanwhile, argued that the City Council wasn’t required to hold an election on the minimum wage because the wording on the petitions signed by voters — and proposed for the ballot — is “messed up” and confusing.

Ole attorney Molly Schmidt-Nowara argues that it’s “pure speculation” that anybody would be confused by the typo on the petition wording and that the meaning is obvious.

Matthew Hoyt, an attorney for City Clerk Amy Bailey, argued that it’s up to the City Council to decide when to schedule an election on the matter. In other words, the court can’t order the clerk to put the wage proposal on the Nov. 6 ballot specifically, he said.

He offered two alternatives for the judge: She could order the City Council to hold an election within 90 days, even if it’s within the “blackout period,” or she could order the council to hold an election after the blackout period has concluded, starting Dec. 6.

Nash said she understands a decision must come soon. The deadline for certifying what goes on the Nov. 6 ballot is tomorrow.

Here’s my minimum-wage story from last week with a bit more background.