NM Supreme Court blocks hospital mill levy from appearing on ballot in dispute over deadlines

SANTA FE — An eastern New Mexico county will have to figure out how to avoid losing a key funding source for its hospital, after the state Supreme Court on Wednesday blocked a mill levy from appearing on the Nov. 5 general election ballot.

In its ruling, the Supreme Court agreed with Secretary of State Maggie Toulouse Oliver’s claim that Guadalupe County commissioners had missed a deadline for approving ballot questions.

While an attorney for the Guadalupe County Hospital argued Wednesday that not allowing the mill levy to appear on the ballot could mean a big financial hit, justices appeared unconvinced.

“If it’s so important, they had eight years to be ready for this moment,” said Justice Shannon Bacon, referring to the last time the hospital mill levy had been approved by voters.

She also said there is no “babysitter” to remind elected officials of key dates and deadlines for official actions.

However, Daniel Ivey-Soto, the hospital’s attorney, pointed out the Supreme Court has at times shown discretion by allowing candidates who failed to comply with new legal requirements to remain on the ballot.

After Wednesday’s ruling was announced, Ivey-Soto said Guadalupe County officials will study the possibility of holding a special election on the hospital mill levy. The county would have to foot the bill for the expenses of such an election.

The mill levy currently in place does not expire until June 2025, giving county officials some time to figure out their next steps.

“We didn’t win, so of course we’re disappointed,” said Ivey-Soto, who is also a Democratic state senator, after Wednesday’s court hearing.

But he also acknowledged the Supreme Court was placed in a difficult position after the Secretary of State’s Office filed its motion seeking to block the mill levy from appearing on the general election ballot.

The legal dispute ignited just two weeks before absentee and early in-person voting begin in New Mexico.

In addition, federal election law requires states to send ballots to registered overseas and military voters 45 days before Election Day. There are three such voters registered in Guadalupe County, according to court filings.

Though they acknowledged missing a deadline of 70 days before an election to approve local ballot questions, attorneys for the Santa Rosa-based hospital and county officials argued the secretary of state lacked the legal authority to block such questions.

They also said that not allowing the mill levy to appear on the ballot could mean a $800,000 annual hit to the Guadalupe County Hospital, which has a roughly $9 million budget.

In announcing the Supreme Court’s ruling after about 30 minutes of deliberation, Chief Justice David Thomson said justices were aware of the hospital’s financial predicament.

But he said those concerns did not outweigh legal deadlines, saying, “the statutory requirements ... were violated and in this regard there are no disputes.”

As for Toulouse Oliver, the secretary of state attended Wednesday’s court hearing and a top official in her office praised the ruling after it was announced.

“Although we empathize with Guadalupe County regarding the implications of today’s decision, the Secretary of State’s Office is pleased with the court’s ruling because it means the general election can proceed uniformly in all 33 counties,” said Lindsey Bachman, the director of legislative and executive affairs for the Secretary of State’s Office.

“Any decision to exceed critical deadlines would have impacted the state’s ability to run an orderly, secure election and would have jeopardized the secretary’s ability to meet her obligation to administer state and federal laws,” Bachman added.