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2006 New Mexico Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagnm0004 and id is 1 raw text is: January 26, 2006

OPINION
OF
PATRICIA A. MADRID
Attorney General                         Opinion No. 06-01
BY:   Sally Malav6
Assistant Attorney General
TO:   The Honorable Pete Campos
State Senator
500 Raynolds
Las Vegas, New Mexico 87701
QUESTION PRESENTED:
May a legislator serve as president of Luna Vocational-Technical Institute without
resigning office and without running afoul of Article 4, Sections 3 or 28 of the New
Mexico Constitution, NMSA 1978, Section 2-1-3, or any other provision of law
regarding incompatibility?
CONCLUSION:
A legislator may serve as president of Luna Vocational-Technical Institute without
violating the relevant constitutional and statutory prohibitions of New Mexico law.
DISCUSSION:
Your question requires a three-part analysis: (a) whether the new position is a state
office as contemplated in Article III, Section 1 and Article IV, Section 3 of the New
Mexico Constitution and NMSA 1978, Section 2-1-3; (b) whether the new position is a
civil office as contemplated in Article IV, Section 28; and (c) whether the two positions
are incompatible. Based on our examination of the relevant New Mexico constitutional,
statutory and case law authorities, and on the information available to us, we conclude the
position of president of Luna Vocational Technical Institute does not appear to be a civil

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