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eBook details

• Title: Block v. Vigil-Giron
• Author : In the Supreme Court of the State of New Mexico
• Release Date : January 07, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

1 Appellant Jerome Block, a current member of the Public Regulatory Commission (PRC), seeks a declaration that he is entitled to be put on the upcoming 2004 ballot for another term as Commissioner of the PRC. He was first elected to the PRC in 1998, won re-election in 2000, and now at the expiration of this four-year term seeks to run for a second four-year term. The New Mexico Constitution provides that "after serving two terms" a PRC member is ineligible to hold office "until one full term has intervened." N.M. Const. art. XI, 1. Thus, the central question of this case is whether Appellant has served "two terms" as that phrase is understood by the Constitution. Appellant argues: (1) "term," as used in Article XI, Section 1, should only mean a full, four-year term and his initial two-year period of service should not count toward the two-term limit; and (2) a contrary reading would violate his right to equal protection and substantive due process. We hold: (1) the word "term," as used in Article XI, Section 1, includes both a full four-year term and the shortened two-year term Appellant served following the 1998 general election; and (2) the Secretary of State would act constitutionally in denying him a place on the upcoming ballot.

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