HAND v. WINTER

NO. S-1-SC-36142.

388 P.3d 651 (2016)

2017-NMSC-005

Edward L. HAND, Diane M. Nuner and Jeffrey Smith, Petitioners, v. Brad WINTER, New Mexico Secretary of State, and State Canvassing Board, Respondents, and Jarod K. HOFACKET, Real Party in Interest.

Supreme Court of New Mexico.

Filing Date: November 7, 2016.


Attorney(s) appearing for the Case

Richard Wellborn , Attorney at Law, LLC, Richard B. Wellborn , Las Cruces, NM, for Petitioners.

Hector H. Balderas , Attorney General, Sean Cunniff , Assistant Attorney General, Santa Fe, NM, for Respondents.

Hofacket Law Firm, L.L.C., Jarod K. Hofacket, Deming, NM, Real Party in Interest, pro se.


OPINION

{1} May the Secretary of State place on the general election ballot the names of political party nominees to fill a vacancy created by a district court judge who resigns effective after a primary election but more than fifty-six days prior to the general election? The answer is yes, because under...

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