Mayoral hopeful turns to state high court after suit dismissed

An Albuquerque mayoral hopeful who sued the city and said she was wrongfully disqualified from the ballot is now taking her case to the New Mexico Supreme Court. Stella Padilla sued the city, specifically naming City Clerk Natalie Howard, in an attempt to get her name on the city ballot this October. This came after […]

Mayoral hopeful turns to state high court after suit dismissed

An Albuquerque mayoral hopeful who sued the city and said she was wrongfully disqualified from the ballot is now taking her case to the New Mexico Supreme Court.

Stella Padilla sued the city, specifically naming City Clerk Natalie Howard, in an attempt to get her name on the city ballot this October. This came after Howard ruled Padilla did not have enough signatures to make the mayoral ballot.[perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]The state’s best political coverage.




[/perfectpullquote]Last week, district judge Nancy Franchini ruled Padilla could not sue to reinstate qualifying petition signatures. Franchini ruled to dismiss the lawsuit, agreeing with city attorneys that only petition signers could file such a suit.

Now Padilla and her lawyer, Blair Dunn, are appealing the ruling to the state’s high court.

Dunn filed a petition Monday afternoon, asking the court to overturn Franchini’s dismissal as soon as possible, arguing there is only about three months left before the election.

Dunn cited an Albuquerque Journal story which quotes Franchini saying “It breaks my heart, Ms. Padilla. I would like to rule in your favor, but I can’t.”

“Judge Franchini’s heart need not have broken,” Dunn wrote in the petition.

While the case was dismissed on a technicality, Dunn agreed with the court and city attorneys that the statute is aimed at petition signers to reinstate their own signatures and not candidates, but “that is where the analysis and the logic of the City Clerk and the Court ended.”

Dunn also argued there is no provision to allow someone like Padilla to challenge the clerk’s office other than encouraging individuals signers to file a lawsuit.

“What’s the remedy for her?” Dunn asked rhetorically in an interview with NM Political Report, adding that the notion that Padilla would have to get 200 people to ask for their signatures to be reinstated is “absurd.”

City of Albuquerque officials did not respond to a request for comment before press time.

The lawsuit got more contentious after Howard accused Padilla’s daughter, Vanessa Benavidez, of harassment and the city filed a court request barring anyone with Padilla’s campaign from contacting the city clerk.

Dunn in turn asked the court to dismiss the protective order and said he was prepared to sue the city in federal court for violating Benavidez’s right to free speech.

Dunn told NM Political Report he’s beginning to wonder if the city is actively trying to keep Padilla off the ballot.

“I still don’t understand why the city is so adamant about fighting this out and refusing to look at the evidence,” Dunn said.



We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
Gov signs bills with some vetoes 

Gov signs bills with some vetoes 

Gov. Michelle Lujan Grisham signed 69 bills that the legislature passed during the 2024 legislative session. These included the General Appropriations Act which contains…
Guv signs state budget

Guv signs state budget

Gov. Michelle Lujan Grisham signed the budget bill for Fiscal Year 2025 and the Capital Outlay spending bill. The FY25 state budget bill passed…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…

NM Supreme Court annuls $10,000 penalty in PNM/Avangrid merger case

The New Mexico Supreme Court ruled on Monday that a penalty the New Mexico Public Regulation Commission levied against the state’s largest utility was…
State fines oil company more than $2 million after spill

State fines oil company more than $2 million after spill

The Energy, Minerals and Natural Resources Department fined an oil and gas company operating in the Permian Basin more than $2 million over produced…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Supreme Court censures attorney over conduct in anti-COVID policy suits

Supreme Court censures attorney over conduct in anti-COVID policy suits

The New Mexico State Supreme Court censured a New Mexico attorney because of her “misconduct” in two unsuccessful cases pushing back on COVID-19 regulations…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
How Biden, others highlighted reproductive rights at the State of the Union

How Biden, others highlighted reproductive rights at the State of the Union

President Joe Biden highlighted reproductive rights issues as part of his State of the Union speech Thursday. Biden delivered his 2024 State of the…
Stansbury invites OB-GYN doctor as her state of the union guest 

Stansbury invites OB-GYN doctor as her state of the union guest 

U.S. House of Rep. Melanie Stansbury has invited an OB-GYN doctor from Roswell as her guest for President Joe Biden’s State of the Union…
See who’s going to be on your primary ballot in June

See who’s going to be on your primary ballot in June

Tuesday marked the official beginning of the 2024 New Mexico primary season for the legislature, with candidates officially filing for candidacy. This is the…

Bill to require disclosure of use of AI in campaign materials goes to governor

The Senate approved a bill aiming to require the disclosure of the use of artificial intelligence or other changes made by computers to campaign…
House amends, passes bill banning firearms near polling places

House amends, passes bill banning firearms near polling places

The House narrowly approved a bill that would ban firearms near polling places. The House voted 35-34 to pass the bill following an extensive…
Advocates travel to D.C. to push for additional protections for the Gila River

Advocates travel to D.C. to push for additional protections for the Gila River

New Mexico advocates seeking to have the Gila River designated as a Wild and Scenic River will travel to Washington D.C. this week to…
U.S. Supreme Court lets ban on Couy Griffin from holding office stand

U.S. Supreme Court lets ban on Couy Griffin from holding office stand

The U.S. Supreme Court declined to hear an appeal of a Republican official who was barred from holding office after being convicted for a…
Politics Newsletter: legislative leaders not running for reelection

Politics Newsletter: legislative leaders not running for reelection

Hello fellow political junkies! Candidate filing day has come and gone, and members of House and Senate leadership opted to either not seek reelection…

GET INVOLVED

© 2023 New Mexico Political Report