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SKEEN v. HOOPER

No. 80-1976.

631 F.2d 707 (1980)

Joseph R. SKEEN, Phelps Anderson, Frank Salopek and Damon Weems, Plaintiffs-Appellants, v. Shirley HOOPER, Secretary of the State of New Mexico, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 8, 1980.

Attorney(s) appearing for the Case

Michael B. Browde, Albuquerque, N. M. (Hinkle, Cox, Eaton, Coffield & Hensley and Paul Kelly, Jr., Roswell, N. M., with him on brief), for plaintiffs-appellants.

Charles W. Daniels of Freedman, Boyd & Daniels, P.A., Albuquerque, N. M. (John S. Catron of Catron, Catron & Sawtell, Santa Fe, N. M., with him on brief), for defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The only issue raised in this appeal is whether N.M.Stat.Ann. § 1-8-8(A) (Supp. 1979),1 and the Secretary of State's action under that statute, wherein she declined to accept Joseph R. Skeen's certificate of candidacy and refused to place his name on the November 4, 1980, general election ballot as the Republican candidate for Congress from the Second Congressional District of the State of New Mexico, violate...

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