Legal Opinion
Cottrell v. Santillanes
New Mexico Court of Appeals
Decided July 19, 1995No. 16242PublishedCited by 4 opinions
1Opinion of the Court
OPINION
FLORES, Judge.
The issue in this case is whether the New Mexico Constitution grants the City of Abuquerque, operating as a home rule municipality, the power to amend its charter to limit the term of its city councilors to no more than two elected terms. We hold that the Qualifications Clause, Article VII, Section 2 of the New Mexico Constitution, preempts a home rule municipality’s power to adopt additional qualifications for elected office within the state beyond those set forth in our Constitution. Accordingly, we reverse the district court.
BACKGROUND
On January 11,1994, a special…
2Cases cited9 opinions
- U. S. Term Limits, Inc. v. ThorntonSupreme Court of the United States · 1995
- Roth v. CuevasNew York Supreme Court · 1993
- Gibbany v. FordNew Mexico Supreme Court · 1924
- Younger v. Board of SupervisorsCalifornia Court of Appeal · 1979
- Cawdrey v. City of Redondo BeachCalifornia Court of Appeal · 1993
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3Cited by4 opinions
- Dutmer v. City of San Antonio, Tex.District Court, W.D. Texas · 1996
- Kane v. City of AlbuquerqueNew Mexico Supreme Court · 2015
- American Civil Liberties Union v. SantillanesDistrict Court, D. New Mexico · 2007
- Kane v. City of AlbuquerqueNew Mexico Supreme Court · 2015