NMAGO 03-05.

Case DateAugust 01, 2003
CourtNew Mexico
New Mexico Attorney General Opinions 2003. NMAGO 03-05. August 1, 2003OPINION OF PATRICIA A. MADRID Opinion No. 03-05By: Zachary Shandler Assistant Attorney General To: The Honorable Cisco McSorleyState Senator 500 Tijeras NE Albuquerque, NM 87102 QUESTION: Are the commissioners of the Public Regulation Commission ("PRC") who served a two-year term in 1998, and then were re-elected to a four-year term in 2000, eligible to run for another four-year term in 2004?CONCLUSION: A PRC commissioner elected to consecutive two-year and four-year terms may not now run again for another four-year term until one full term has intervened. FACTS AND BACKGROUND: The New Mexico Constitution, Article XI, Section 1 sets forth the terms for PRC commissioners and limits them to two consecutive terms. The provision states in full as follows: The "public regulation commission" is created. The commission shall consist of five members elected from districts provided by law for staggered four-year terms beginning on January 1 of the year following their election; provided that those chosen at the first general election after the adoption of this section shall immediately classify themselves by lot, so that two of them shall hold office for two years and three of them for four years; and further provided that, after serving two terms, members shall be ineligible to hold office as a commission member until one full term has intervened. N.M. Const. art. XI, § 1. The Legislature has enacted NMSA 1978, Section 8-7-4(A) (2001), which implements the constitutional directive with similar language. It provides, in pertinent part, as follows: [Commissioners elected at the 1998 election] shall classify themselves by lot so that two commission members shall initially serve terms of two years and three commission members shall serve terms of four years. Thereafter, all commission members shall serve four-year terms. After serving two terms, a commission member shall be ineligible to hold office.... Commissioners who were elected in 1998, the first election for the PRC, drew lots as required by the Constitution to determine who would serve the initial two-year, rather than four-year, terms. The two commissioners who drew the initial two-year terms were re-elected in 2000. The question now posed is whether these two commissioners, who have now served two consecutive...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT