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New Mexico judicial elections, 2016

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2016 State
Judicial Elections
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Part 1: Overview
Part 2: Supreme Courts
Part 3: Partisanship
Part 4: Changes in 2016
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Six seats on New Mexico's state-level courts were up for election on November 8, 2016. Two seats were decided by partisan election; the remaining four were the seats of judges standing for retention.

HIGHLIGHTS
  • Each incumbent judge running for partisan election was a recent appointee who must be elected to remain on the bench.
  • Each partisan election incumbent's opponent was a candidate for appointment to the seat offered by the judicial nominating commission but not selected by the governor.
  • Incumbent Justice Judith Nakamura was elected to her seat and remained the only Republican on the court.

  • Incumbent justice Judith Nakamura of the New Mexico Supreme Court faced Judge Michael Vigil of the New Mexico Court of Appeals. Judge Stephen French, recently appointed to the New Mexico Court of Appeals seat left open by the retirement of Judge Cynthia Fry, faced Julie Vargas for his seat. Justice Barbara J. Vigil of the supreme court and Judges Jonathan Sutin, Timothy Garcia, and M. Monica Zamora of the court of appeals stood for retention.[1]

    Candidates

    Supreme Court

    Partisan election candidates

    Michael Vigil (D)
    Judith Nakamura (R) Green check mark transparent.png (Incumbent)

    Judges who faced retention

    Barbara J. Vigil Green check mark transparent.png

    Court of Appeals

    Partisan election candidates

    Julie Vargas (D) Green check mark transparent.png
    Stephen French (R) (Incumbent)

    Withdrawn

    Ned S. Fuller (R)

    Judges who faced retention

    Jonathan Sutin Green check mark transparent.png
    M. Monica Zamora Green check mark transparent.png
    Timothy Garcia Green check mark transparent.png

    Election results

    November 8 general election

    Supreme Court

    Incumbent Judith Nakamura defeated Michael Vigil in the general election.
    New Mexico Supreme Court, Nakamura's seat, 2016
    Party Candidate Vote % Votes
         Republican Green check mark transparent.png Judith Nakamura Incumbent 52% 396,303
         Democrat Michael Vigil 48% 365,790
    Total Votes (1492 of 1492: 100%) 762,093
    Source: New Mexico Secretary of State Official Results
    Barbara J. Vigil was retained with 71.60% of the vote.
    New Mexico Supreme Court, Vigil's seat, 2016
    Name Yes votes
    Green check mark transparent.pngBarbara J. Vigil71.60%
    Source: New Mexico Secretary of State Official Results

    Court of Appeals

    Julie Vargas defeated incumbent Stephen French in the general election.
    New Mexico Court of Appeals, French's seat, 2016
    Party Candidate Vote % Votes
         Democrat Green check mark transparent.png Julie Vargas 52% 395,227
         Republican Stephen French Incumbent 48% 357,837
    Total Votes (1492 of 1492: 100%) 753,064
    Source: New Mexico Secretary of State Official Results
    Jonathan Sutin was retained in the New Mexico Court of Appeals, Sutin's seat election with 70.42% of the vote.
    New Mexico Court of Appeals, Sutin's seat, 2016
    Name Yes votes
    Green check mark transparent.pngJonathan Sutin70.42%
    Source: New Mexico Secretary of State Official Results
    M. Monica Zamora was retained in the New Mexico Court of Appeals, Zamora's seat election with 71.05% of the vote.
    New Mexico Court of Appeals, Zamora's seat, 2016
    Name Yes votes
    Green check mark transparent.pngM. Monica Zamora71.05%
    Source: New Mexico Secretary of State Official Results
    Timothy Garcia was retained in the New Mexico Court of Appeals, Garcia's seat election with 70.28% of the vote.
    New Mexico Court of Appeals, Garcia's seat, 2016
    Name Yes votes
    Green check mark transparent.pngTimothy Garcia70.28%
    Source: New Mexico Secretary of State Official Results

    June 7 primary election

    New Mexico Supreme Court 2016 Republican Primary, Nakamura's Seat, 2016
    Party Candidate Vote % Votes
         Republican Green check mark transparent.png Judith Nakamura Incumbent (unopposed) 100.00% 84,941
    Total Votes (1492 of 1492: 100%) 84,941
    Source: New Mexico Secretary of State Official Results
    New Mexico Supreme Court 2016 Democratic Primary, Nakamura's Seat, 2016
    Party Candidate Vote % Votes
         Democratic Green check mark transparent.png Michael Vigil  (unopposed) 100.00% 170,092
    Total Votes (1492 of 1492: 100%) 170,092
    Source: New Mexico Secretary of State Official Results
    New Mexico Court of Appeals 2016 Republican Primary, French's Seat, 2016
    Party Candidate Vote % Votes
         Republican Green check mark transparent.png Stephen French Incumbent (unopposed) 100.00% 83,694
    Total Votes (1492 of 1492: 100%) 83,694
    Source: New Mexico Secretary of State Official Results
    New Mexico Court of Appeals 2016 Democratic Primary, French's Seat, 2016
    Party Candidate Vote % Votes
         Democratic Green check mark transparent.png Julie Vargas  (unopposed) 100.00% 165,340
    Total Votes (1492 of 1492: 100%) 165,340
    Source: New Mexico Secretary of State Official Results

    Record turnout

    The voter turnout for the primary of June 7, 2016, set a record: at least 328,000 voters, or 34 percent of eligible voters, cast their ballots.[2]

    Race background

    Supreme Court

    Former Justice Richard Bosson retired from the New Mexico Supreme Court in 2015.[3] Pursuant to New Mexico state law, the Judicial Nominating Commission met to put forth four names for Gov. Martinez to select a replacement from. Those names included Judith Nakamura and Michael Vigil. Martinez ultimately selected Nakamura for the post. However, New Mexico law also stipulates that when a justice is nominated by a governor, the justice must run in the next partisan election and win in order to remain in the seat. Nakamura filed to run as a Republican. Vigil filed to run against her as a Democrat.[4][5]

    This election method allows voters to have the final say over who sits on the New Mexico Supreme Court. The last nominee Martinez selected was defeated by Barbara J. Vigil (D) in the 2012 elections. This brought the five-member court back under the unanimous control of Democratic justices. Nakamura will have to defeat Vigil in the general election in order to remain on the court as the sole Republican justice. Previous partisan elections suggest that New Mexico voters tend to favor Democratic justices for the Supreme Court. Not only are four out of the five current justices Democrats, but a Republican has not won a partisan election to the court since 1980.[6]

    The winner of this election must stand for retention in 2020.[7]

    Court of Appeals

    Voters will have the chance to weigh in on two seats on the New Mexico Court of Appeals. The first is a retention election for the New Mexico Court of Appeals. Incumbent Judge Jonathan Sutin must win 57 percent of the vote in the 2016 election in order to remain on the court.

    The second seat is similar to the Supreme Court race. Court of Appeals Judge Cynthia Fry retired, and the Judicial Nominating Commission convened to put forth three names for Gov. Martinez to consider: Stephen French, Ned S. Fuller, and Julie Vargas. Gov. Martinez selected French in February. However, all three individuals filed to run for the seat in 2016. Fuller later withdrew.[8][1]

    The winner of this election must stand for retention in 2022.[7]

    Selection

    See also: Judicial selection in New Mexico

    Judges of the New Mexico Supreme Court and Court of Appeals are appointed by the governor, who chooses from a list of candidates recommended by a judicial nominating commission. An appointed judge runs in the first partisan election after appointment to serve the remainder of his or her term. A full term is eight years. Justices and judges must run for retention to continue serving. In New Mexico, judges must receive 57 percent of affirmative votes to win retention.[9]

    Qualifications

    To serve on the court of appeals, a judge must:

    • be 35 years older or above;
    • have practiced law for the ten years preceding assumption of office;
    • be a state resident for the three years preceding assumption of office.[9]

    State profile

    Demographic data for New Mexico
     New MexicoU.S.
    Total population:2,080,328316,515,021
    Land area (sq mi):121,2983,531,905
    Race and ethnicity**
    White:73.2%73.6%
    Black/African American:2.1%12.6%
    Asian:1.4%5.1%
    Native American:9.1%0.8%
    Pacific Islander:0.1%0.2%
    Two or more:3.3%3%
    Hispanic/Latino:47.4%17.1%
    Education
    High school graduation rate:84.2%86.7%
    College graduation rate:26.3%29.8%
    Income
    Median household income:$44,963$53,889
    Persons below poverty level:24.7%11.3%
    Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
    Click here for more information on the 2020 census and here for more on its impact on the redistricting process in New Mexico.
    **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

    Presidential voting pattern

    See also: Presidential voting trends in New Mexico

    New Mexico voted for the Democratic candidate in six out of the seven presidential elections between 2000 and 2024.

    Pivot Counties (2016)

    Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in New Mexico, accounting for 1.46 percent of the total pivot counties.[10]

    Pivot Counties (2020)

    In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. New Mexico had three Retained Pivot Counties, 1.66 percent of all Retained Pivot Counties.

    More New Mexico coverage on Ballotpedia

    Recent news

    The link below is to the most recent stories in a Google news search for the terms 'New Mexico judicial election' OR 'New Mexico court election'. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    See also

    New Mexico Judicial Selection More Courts
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    Courts in New Mexico
    New Mexico Court of Appeals
    New Mexico Supreme Court
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    Gubernatorial appointments
    Judicial selection in New Mexico
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    External links

    Footnotes