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Two magistrate candidates kicked off ballot in Dona Ana County
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April 3, 2012
New Mexico: Two candidates hoping to compete for magistrate judge in Dona Ana County have been removed from the ballot by the county's clerk. Lynn Ellins explained that candidates for the position have additional requirements now that the county's population has passed 200,000. Previously, magistrates were not required to be licensed attorneys.[1]
Neither candidate accepts that explanation. Both Paul A. Martinez and Keith Lamonica are challenging the clerk's decision, albeit with different approaches. Martinez is represented by an attorney as he challenges the order in the New Mexico Supreme Court, while Lamonica will represent himself in the Third Judicial District Court.[1]
Lamonica suspects foul play, stating that the removal of two Democratic candidates allows Republican Governor Susana Martinez to appoint a magistrate to the vacancy. The former candidate says Ellins' decision was "arbitrary and capricious, discriminatory, and a clear violation of the rational basis test of the equal protection clause."[1]
That, of course, will be for the New Mexico state courts to decide.
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