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STATE EX REL. CLARK v. STATE CANVASSING BD.

No. 22489.

888 P.2d 458 (1995)

119 N.M. 12

STATE of New Mexico, ex rel., Guy CLARK, Chris Wentz, Christine Wentz, Robert M. Hawk, George D. Buffett, and Max Coll, Petitioners, v. The STATE CANVASSING BOARD, comprised of Honorable Stephanie Gonzales, Honorable Gary Johnson, and Honorable Joseph F. Baca, Respondents, and New Mexico Attorney General, New Mexicans for Lottery Games, Ruidoso Downs Racing, Inc., Santa Fe Racing, Inc., Nuevo Sol Turf Club, Inc., and New Mexico Horsemen's Association, Intervenors.

Supreme Court of New Mexico.

January 11, 1995.

Attorney(s) appearing for the Case

Victor R. Marshall & Associates, P.C., Victor R. Marshall, Alexis H. Johnson, Albuquerque, for petitioners.

Tom Udall, Atty. Gen., Daniel Yohalem, Elizabeth A. Glenn, William Keller, Frederic S. Nathan, Jr., Asst. Attys. Gen., Santa Fe, for respondents and Intervenor State.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Charles K. Purcell, Andrew G. Schultz, Alison K. Schuler, Albuquerque, Montgomery & Andrews, P.A., Gary R. Kilpatric, Sarah M. Singleton, Santa Fe, for Intervenor New Mexicans for Lottery Games.

Kemp, Smith, Duncan & Hammond, P.C., John P. Eastham, Albuquerque, for Intervenors Ruidoso Downs Santa Fe Racing, Inc., Nuevo Sol Turf Club, Inc., and N.M. Horsemen's Ass'n.

OPINION

FROST, Justice.

Petitioners, several citizens and three New Mexico legislators, filed their verified petition seeking a writ of mandamus from this Court directing Respondents, who together serve as the State Canvassing Board, not to certify the vote held on November 8, 1994, on Amendment 8. Amendment 8 authorized a state-operated lottery and wagering on video machine games of chance. Petitioners allege...

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