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JOHNSON v. VIGIL-GIRON

No. 30,039.

146 P.3d 312 (2006)

2006-NMSC-051

Barbara V. JOHNSON, Roger Gonzales, and Republican Party of New Mexico, Petitioners, v. Rebecca VIGIL-GIRON, New Mexico Secretary of State, and Patricia Madrid, New Mexico Attorney General, Respondents, and Hector Balderas, Real Party in Interest, and New Mexico Democratic Party, Intervenor.

Supreme Court of New Mexico.

November 2, 2006.

Attorney(s) appearing for the Case

Carpenter Law, P.C., Joshua Carpenter, Albuquerque, NM, for Petitioners.

Patricia A. Madrid, Attorney General, Christopher D. Coppin, Special Assistant Attorney General, David K. Thomson, Assistant Attorney General, Zachary A. Shandler, Assistant Attorney General, Santa Fe, NM, for Respondents.

Freedman Boyd Daniels, Hollander Goldberg & Ives, P.A., Joseph Goldberg, Matthew L. Garcia, Albuquerque, NM Garcia & Vargas, LLC, David P. Garcia, Ray M. Vargas, II, Santa Fe, NM, for Real Party In Interest.

Jones, Snead, Wertheim & Wentworth, P.A., Jerry Todd Wertheim, Santa Fe, NM, for Intervenor.

OPINION

BOSSON, Chief Justice.

{1} In this original proceeding in mandamus, Petitioners Barbara Johnson, Roger Gonzales, and the Republican Party of New Mexico, make three separate challenges to the upcoming 2006 general election ballot. While each Petitioner relies on different arguments, all three assert that the Secretary of State erred in including or excluding certain candidates from the 2006 general election ballot.

{2} In reaching the merits...

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