Supreme Court of New Mexico

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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Opinion Number:

Filing Date: November 27, 2023

NO. S-1-SC-40146

REPUBLICAN PARTY OF NEW MEXICO,

DAVID GALLEGOS, TIMOTHY JENNINGS,

DINAH VARGAS, MANUEL GONZALES,

JR., BOBBY KIMBRO, DEANN KIMBRO,

and PEARL GARCIA,

Plaintiffs-Appellants,

v.

MAGGIE TOULOUSE OLIVER, in her

official capacity as New Mexico Secretary

of State, MIMI STEWART, in her official

capacity as President Pro Tempore of the

New Mexico Senate, and JAVIER MARTINEZ,

in his official capacity as Speaker of the

New Mexico House of Representatives,

Defendants-Appellees.

CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS
Fred Van Soelen, District Judge

Hamilton Sanders LLP

Misah Tseytlin

Molly S. DiRago

Kevin M. LeRoy

Troutman Pepper

Chicago, IL

Harrison & Hart, LLC

Carter B. Harrison, IV

Albuquerque, NM

for Appellants

Hinkle Shanor LLP

Richard E. Olson

Lucas M. Williams

Ann C. Tripp

Roswell, NM

UNM School of Law

Michael B. Browde

Albuquerque, NM

Peifer, Hanson, Mullins & Baker, P.A.

Sara N. Sanchez

Albuquerque, NM

Stelzner, LLC.

Luis G. Stelzner,

Albuquerque, NM

for Appellees

DISPOSITIONAL ORDER OF AFFIRMANCE

BACON, Chief Justice.

{1}         WHEREAS, this matter comes before this Court for consideration on appeal pursuant to this Court’s August 25, 2023, order in Lujan Grisham v. Van Soelen, S-1-SC-39481, that the Court of Appeals upon the filing of a notice of appeal under Rule 12-201 NMRA certify the matter to this Court under Rule 12-606 NMRA;

{2}         WHEREAS, this Court having considered the briefs and November 20, 2023, oral arguments and being otherwise fully informed of the issues and applicable law;

{3}         WHEREAS, this Court concludes that the district court’s Findings of Fact are supported by substantial evidence;

{4}         WHEREAS, this Court concludes that the district court’s Conclusions of Law are supported by its Findings of Fact;

{5}         WHEREAS, this Court concludes that the district court committed no legal error;

{6}         WHEREAS, this Court hereby exercises its discretion under Rule 12-405(B)(1) and (2) NMRA to dispose of this case by nonprecedential order rather than by formal opinion;

{7}         NOW, THEREFORE, IT IS ORDERED that the ruling of the district court is affirmed.

{8}         IT IS SO ORDERED.

C SHANNON BACON, Chief Justice

WE CONCUR:

MICHAEL E. VIGIL, Justice

DAVID K. THOMSON, Justice

JULIE J. VARGAS, Justice

BRIANA H. ZAMORA, Justice