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September 11 First News: Lawsuit Expected Over Secretary Of State's Ruling On Ballot Issues (Listen)

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 Wednesday state law doesn't authorize ballot questions that only ask voters their opinions about issues such as lessening penalties for possessing marijuana. Santa Fe and Bernalillo county commissioners have approved proposals to poll voters about their support for making possession of small amounts of marijuana a civil infraction. Bernalillo County Commission chairwoman Debbie O'Malley, a Democrat, said she expects a lawsuit will be filed to have the marijuana question added to the ballot. Duran, a Republican, said state law only allows for ballot questions in which voters enact a change in law, such as a tax increase.

A coalition of environmental groups is planning to sue the U.S. Fish and Wildlife Service over the agency's failure to craft and implement a valid recovery plan for the endangered Mexican gray wolf. The groups say it has been nearly four decades since the Mexican wolves were listed and the agency has yet to develop a plan that spells outs measurable goals for recovering the population in the American Southwest. Without the guidance of such a plan, the groups allege that federal wildlife managers have at times impeded the recovery of wolves in New Mexico and Arizona. An agency spokeswoman declined to comment on the pending litigation. The agency is working on revisions to the species' designation as an experimental population. That process is expected to be complete in January.

 U.S. Forest Service Chief Tom Tidwell acknowledges that his agency's plan for including underground water resources in its decision-making process is misleading and needs to be clarified. Tidwell made the comments Wednesday after testifying before a U.S. House subcommittee. Despite references throughout the directive to groundwater management, Tidwell says his agency has no intention of trampling on the authority states have to allocate water rights and manage groundwater. The proposal, first introduced in May, has drawn sharp criticism from Western governors, dozens of congressmen and water managers who consider the effort a federal water grab. Tidwell says groundwater is becoming increasingly important, especially in drought-stricken states in the West. He says the agency needs the directive to provide consistency as it considers whether to allow certain activities on forest land.

 Democratic gubernatorial challenger Gary King says he's not apologizing for comments at a weekend fundraiser that Republican Governor Susana Martinez "does not have a Latino heart." King said Wednesday in an interview that he doesn't consider his remarks racist. He said his statement was meant to point out the governor's policies are contrary to values held by many New Mexico Hispanic families. He pointed to the governor's veto of a minimum wage increase as an example. Martinez said in a statement she and King differ on the issues but, quoting: “I know what's in my heart and I won't question what's in his." Her response came after King's comments surfaced in a video posted on the web site of a conservative magazine, The Weekly Standard.

 The Navajo Nation's former legislative leader has pleaded guilty in what prosecutors say was a scheme to divert tribal funds to his family. Lawrence Morgan entered the plea Wednesday as part of an agreement to aid prosecutors in cases against his onetime colleagues on the Navajo Nation Council. The agreement logged in Window Rock District Court allows Morgan to avoid jail time if he fully cooperates. Morgan had been charged six counts of bribery and a single count of conspiracy in an investigation into the council's use of a discretionary fund. He pleaded guilty to one count of conspiracy to commit bribery. Morgan's attorney, David Jordan, says Morgan is committed to revealing the truth about discretionary spending. Morgan initially pleaded not guilty to the original charges.

 The New Mexico Department of Transportation is alerting motorists that the I-25 northbound off-ramp to St. Francis Drive will be closed tonight starting at 8:00 p.m. and will be re-opened tomorrow at 5:00 a.m.  The closure will allow a contractor to remove paint splattered on the roadway as a result of vandalism last week. During the closure motorists can use the Old Pecos Trail or the Cerrillos Road off-ramp.

Santa Fe Weather: Mostly sunny today with the high 76. Tonight: Mostly cloudy with the low, 52. Tomorrow: Partly sunny with the high near 68. The chance of precipitation is at ten-percent today and tonight, it’s at 20-percent for tomorrow.