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COTTRELL v. SANTILLANES

No. 16242.

901 P.2d 785 (1995)

120 N.M. 367

Marion M. COTTRELL, Steve D. Gallegos, Vincent E. Griego and Alan B. Armijo, Petitioners-Appellants, v. Millie SANTILLANES, in her capacity as Clerk of the City of Albuquerque, and the City of Albuquerque, a municipal corporation, Respondents-Appellees, and New Mexicans for Term Limits, United We Stand, Inc., Agapito B. Cordova, Deborah Lattimore, and Herb Hughes, Intervenors-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 24, 1995.

Attorney(s) appearing for the Case

William G. Gilstrap, William G. Gilstrap, P.C., Albuquerque, Charles T. DuMars, Kim A. Griffith, Timothy M. Sheehan, Sheehan, Sheehan & Stelzner, P.A., Albuquerque, for petitioners-appellants.

Henry F. Narvaez, Jeffrey A. Jenkins, Narvaez & Jenkins, P.A., Albuquerque, for respondents-appellees.

Duncan Scott, Barnett & Scott, P.A., Albuquerque, for intervenors-appellees.

Maureen A. Sanders, Albuquerque, for amicus curiae League of Women Voters of Albuquerque/Bernalillo County Inc.

OPINION

FLORES, Judge.

The issue in this case is whether the New Mexico Constitution grants the City of Albuquerque, operating as a home rule municipality, the power to amend its charter to limit the term of its city councilors to no more than two elected terms. We hold that the Qualifications Clause, Article VII, Section 2 of the New Mexico Constitution, preempts a home rule municipality's power to adopt additional qualifications for elected office...

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