AGO IAL 041408.

• Case Date: April 14, 2008
• Court: New Mexico

New Mexico Attorney Gen eral Opinions 2008. AGO IAL 041408. April 14, 2008The Honorable Miguel P. Garcia New Mexico State Representative 1118 La Font Road SW Albuquerque, NM 87105 Re: Opinion Request - State Legislator Simultaneously Running for Re-election and for County CommissionDear Representative Garcia: You have asked whether a state legislator may seek re-election to his or her legislative seat and run for county commissioner in the same election cycle without violating any constitutional or statutory provisions of New Mexico law. Based on our examination of the relevant New Mexico constitutional, statutory and case law authorities, and on the information available to us at this time, we conclude that an incumbent state legislator is not prohibited from simultaneously seeking re-election to his or her legislative seat and running for county commission in the same election cycle. We note, however, that Article IV, Section 3 of the New Mexico Constitution prohibits members of the state legislature from also serving as elected county officials. As a preliminary matter, there are several constitutional and statutory provisions that limit a legislator's ability to hold another public office during the term for which he or she is elected.(fn1) Article III, Section 1 of the New Mexico constitution precludes a state legislator from exercising any of the powers belonging to the executive or judicial branches of the state.(fn2) Article IV, Section 3 prohibits a state legislator from holding any office of trust or profit with the state, county or national governments. Article IV, Section 28 of the state constitution precludes a state legislator from being appointed to any civil office in the state during the term for which she is elected.(fn3) None of these constitutional provisions appear to limit a legislator's ability to run for more than one office in the same election cycle. NMSA 1978, Sections 2-1-3 and 2-1-4 (1977) prohibit a state legislator from receiving compensation for services performed as an officer or employee of the state.(fn4) These statutory provisions, however, do not prohibit a member of the legislature from seeking election to more than one office.(fn5) Article IV, Section 3 of the state constitution does prohibit a state legislator from serving as a member of the legislature while holding any...