AGO IAL050506.

Case DateMay 05, 2006
CourtNew Mexico
New Mexico Attorney General Opinions 2006. AGO IAL050506. May 5, 2006Honorable Gloria Vaughn N.M. House of Representatives 503 E. 16th Street Alamogordo, NM 88310-6606 Re: Request for Opinion -Independent Candidates for County CommissionDear Representative Vaughn: You have requested our advice regarding whether an independent candidate for county commission must reside within the county commission district. You have also asked whether an independent candidate for county commission must reside within that district by a certain date. Based on our examination of the relevant New Mexico constitutional, statutory and case law authorities, and on the information available to us, we conclude that an independent candidate for county commission must reside within the county commission district and must reside within that district prior to filing a declaration of candidacy. There are two rules of statutory construction that apply to this matter. First, a statute should be read according to its plain, written meaning. See Wilson v. Denver, 125 N.M. 308, 314, 961 P.2d 153 (1998). Second, "[a] fundamental rule of statutory construction is that all provisions of a statute, together with other statutes in pari materia, must be read together to ascertain the legislative intent." Roth v. Thompson, 113 N.M. 331, 334, 825 P.2d 1241 (1992). The New Mexico Legislature has stated in plain language that a county commission candidate must reside within the county commission district. A commissioner "shall be a resident of the district from which he is elected." NMSA 1978, Section 4-38-3(A), (B) (2002). The New Mexico Supreme Court has upheld this position. See Velasquez v. Chavez, 102 N.M. 54, 691 P.2d 55 (1984) (ruling that a county commission candidate must reside in the district); State ex rel. Rudolph v. Lujan, 85 N.M. 378, 379, 512 P.2d 951 (1973) (candidates for county commission "were required to be resident of the districts from which they sought election."). The rationale is that "requiring candidates to be residents of the district from which they seek election `insure[s] that each elected commissioner has knowledge of the problems and needs of the district' ." Velasquez v. Chavez, 102 N.M. 54, 55, 691 P.2d 55 (1984).[1] The New Mexico Legislature has also stated in plain language the date a candidate running for county...

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