REPUBLICAN PARTY v. TAXATION & REVENUE

No. 32,524.

283 P.3d 853 (2012)

2012-NMSC-026

REPUBLICAN PARTY OF NEW MEXICO and Lyn Ott, individually and in her capacity as Help America Vote Act (HAVA) Director for the Republican Party of New Mexico, Plaintiffs-Petitioners, v. NEW MEXICO TAXATION AND REVENUE DEPARTMENT, Motor Vehicle Division and Luis Carrasco, custodian of records for the New Mexico Taxation and Revenue Department, Motor Vehicle Division, Defendants-Respondents.

Supreme Court of New Mexico.

June 28, 2012.


Attorney(s) appearing for the Case

Bowles and Crow, Jason Bowles , B.J. Crow , Peifer, Hanson & Mullins, P.A., Charles R. Peifer , Lauren Keefe , Albuquerque, NM, for Petitioners.

Long, Pound & Komer, P.A., John B. Pound , Mark T. Baker , Jennifer A. Attrep , Jessica M. Hernandez , General Counsel for the Office of the Governor, Santa Fe, NM, for Respondents.

Luebben Johnson & Barnhouse, L.L.P., Dolph Barnhouse , Los Ranchos de Albuquerque , NM, for Amicus Curiae New Mexico Foundation for Open Government.


OPINION

SERNA, Justice.

{1} "All political power is vested in and derived from the people: all government of right originates with the people, is founded upon their will and is instituted solely for their good." N.M. Const. art. II, § 2. The co-equal branches of the government of the State of New Mexico, N.M. Const. art. III, § 1, like those of the United States of America, are expressly limited to the exercise of powers delegated...

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