STATE EX REL. SMITH v. MARTINEZ

No. 33,029.

265 P.3d 1276 (2011)

2011-NMSC-043

STATE of New Mexico, ex rel., Hon. John Arthur SMITH, Hon. Michael S. Sanchez, Hon. Henry Kiki Saavedra, Hon. Luciano "Lucky" Varela, members of the New Mexico Legislature and citizens of New Mexico, Petitioners, v. Hon. Susana MARTINEZ, Governor of the State of New Mexico, Hon. Dianna J. Duran, Secretary of State of New Mexico, Respondents, and Office of the Attorney General, Intervenor.

Supreme Court of New Mexico.

November 21, 2011.


Attorney(s) appearing for the Case

Youtz & Valdez, P.C., Shane Youtz , Gabrielle Valdez , Albuquerque, NM, for Petitioners.

Jessica Hernandez, Jennifer L. Padgett , Matthew J. Stackpole , Gregory S. Shaffer , Santa Fe, NM, for Respondents.

Gary K. King , Attorney General, Scott Fuqua , Assistant Attorney General, Mark Reynolds , Assistant Attorney General, Santa Fe, NM, for Intervenor.


OPINION

MAES, Justice.

{1} In the General Appropriation Act of 2011, the Legislature appropriated $150,000 to the Department of Finance and Administration "[f]or disbursement to the New Mexico mortgage finance authority to carry out the responsibilities, duties and provisions of the regional housing law." On April 8, 2011, the Governor signed the General Appropriation Act of 2011; however, the Governor struck the "1" from the $150,000 appropriated...

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