AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Judge Daniel Viramontes of the Sixth Judicial District Court informed Governor Susana Martinez of his intent to resign effective August 26, 2016, creating a vacancy. The resignation occurred after the primary election but before the general election scheduled for November 8, 2016. The Secretary of State placed Jarod K. Hofacket, appointed by Governor Martinez, on the general election ballot to fill the vacancy. Petitioners, including a Republican attorney also recommended for the vacancy and registered voters from Luna County, challenged the Secretary of State's decision to place Hofacket on the ballot, arguing it deprived them of their rights to participate in a partisan election and to vote in both a primary and a general election for the vacancy (paras 2, 5-6).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioners: Argued that the Secretary of State acted arbitrarily, capriciously, and in violation of law by placing Hofacket on the November 8, 2016, general election ballot, thereby depriving Hand of the opportunity to participate in a partisan election and Nuner and Smith of the chance to vote in both a primary and a general election to fill the vacancy (para 6).
• Respondents: Contended that the Secretary of State had a clear and indisputable duty under Section 1-8-8 to place Hofacket on the general election ballot, following the legal and constitutional requirements for filling judicial vacancies (para 7).

Legal Issues

• Whether the Secretary of State may place on the general election ballot the names of political party nominees to fill a vacancy created by a district court judge who resigns effective after a primary election but more than fifty-six days prior to the general election (para 1).

Disposition

• The petition for writ of mandamus is denied, affirming the Secretary of State's decision to place Jarod K. Hofacket on the November 8, 2016, general election ballot (para 11).

Reasons

• CHÁVEZ, Justice, with PETRA JIMENEZ MAES, Justice, and BARBARA J. VIGIL, Justice, concurring: The Court found that under NMSA 1978, Section 1-8-8(A) (2015), and Article VI, Sections 35 and 36 of the New Mexico Constitution, the vacancy created by Judge Viramontes's resignation must be filled at the next general election, provided that the political parties file their list of nominees with the Secretary of State more than fifty-six days before the general election. The Court determined that all conditions for placing Hofacket on the ballot were met, including the timing of the resignation, the vacancy not being included in the Governor’s proclamation, and the nomination by the Republican State Central Committee. The Court concluded that the Secretary of State's duty to place Hofacket on the ballot was clear and indisputable, and the petitioners' arguments did not demonstrate that the Secretary's actions were arbitrary, capricious, or unlawful (paras 1, 7-10).