Summary
The Supreme Court of New Mexico affirmed the dismissal of a challenge to signatures on a candidate's nominating petitions. The court held that substantial evidence supported the finding that Rebecca D. Vigil-Giron had collected enough valid signatures, including evidence summarized from voter-registration records, and therefore did not reach the separate issue of pleading specificity.
Holdings
- The district court did not abuse its discretion by admitting Vigil-Giron's exhibit summarizing valid signatures because the witness testified about its compilation from voter-registration information, the underlying records were admissible public records, and the challengers had access to the same voter-registration list.
- Substantial evidence supported the district court's finding that Vigil-Giron submitted enough valid signatures to be placed on the primary election ballot.
Questions Presented
- Whether the district court abused its discretion by admitting Vigil-Giron's summary of valid signatures under Rule 11-1006 NMRA.
- Whether substantial evidence supported the district court's finding that Vigil-Giron had submitted enough valid signatures to qualify for placement on the primary election ballot.
Disposition
affirmed
Cases Cited (11)
- Simmons v. McDaniel, 101 N.M. 260, 263, 680 P.2d 977, 980 (1984)(followed)
- Valdez v. Herrera, 48 N.M. 45, 53, 145 P.2d 864, 869 (1944)(followed)
- Coates v. Wal-Mart Stores, Inc., 1999-NMSC-013, ¶¶ 36, 46, 127 N.M. 47, 976 P.2d 999(followed)
- State v. Rojo, 1999-NMSC-001, ¶ 41, 126 N.M. 438, 971 P.2d 829(followed)
- United States v. Samaniego, 187 F.3d 1222, 1223 (10th Cir. 1999)(followed)
- Benavidez v. Benavidez, 99 N.M. 535, 539, 660 P.2d 1017, 1021 (1983)(followed)
- State v. Ramirez, 89 N.M. 635, 644-45, 556 P.2d 43, 52-53 (Ct. App. 1976)(limited)
- Sells v. State, 98 N.M. 786, 788, 653 P.2d 162, 164 (1982)(followed)
- Chavarria v. Fleetwood Retail Corp., 2006-NMSC-046, ¶¶ 12, 17, 140 N.M. 478, 143 P.3d 717(followed)
- Landavazo v. Sanchez, 111 N.M. 137, 138, 802 P.2d 1283, 1284 (1990)(followed)
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Cited In (0)
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