August 19, 2022

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The Legal System

Candidate’s criminal record may spark controversy over legal issues

4 min read

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Copyright © 2022 Albuquerque Journal

SANTA FE – A Republican legislative candidate from Albuquerque could be blocked from having business office – if he’s elected in November – thanks to past felony theft and larceny convictions.

But the difficulty could conclude up enjoying out in court docket as a modern federal ruling identified the New Mexico regulation that, in most situations, bars folks with felony convictions from keeping elected place of work could violate the condition Constitution.

Solomon Pena, who is the GOP nominee for the Household District 14 seat in the South Valley, served approximately 7 years in jail following currently being convicted in 2008 of stealing big quantities of items from many massive box retail retailers in a described “smash and grab” plan.

He declined to solution Journal thoughts about his felony history this week, declaring he was far too fast paced knocking on district residents’ doors to talk.

“I stand with Donald J. Trump,” Pena stated in a subsequent textual content concept. “I do not want anything to do with you.”

Rep. Miguel P. Garcia, D-Albuquerque, a longtime legislator who is the incumbent in Property District 14, claimed some elderly people have expressed issue to him about Pena’s marketing campaign model, which includes consistently urging voters to improve their social gathering affiliation from Democrat to Republican.

Garcia also mentioned he’s hired a further legislator, Sen. Jacob Candelaria, an Albuquerque impartial and lawyer, to represent him in a court docket obstacle aimed at possessing Pena disqualified from the Nov. 8 common election ballot.

In a Friday interview, Candelaria stated that, while state legislation is not very clear on irrespective of whether convicted felons can run for place of work, he thinks Pena dedicated perjury by submitting a declaration of candidacy stating he was eligible to hold the legislative seat.

“We’re likely to bring a case and let the court docket figure it out,” Candelaria mentioned. “He continues to feel the legislation doesn’t utilize to him.”

Candelaria also said he supports previous convicts being totally reintegrated into culture, but explained there is a very clear legal system for this sort of people today to operate for elected workplace that Pena does not show up to have adopted.

Nevertheless, a Household GOP spokesman accused Candelaria, a former Democrat who altered his party affiliation to independent very last year, of hypocrisy for hoping to derail Pena’s candidacy.

“As a person who was elevated in the South Valley, I am disappointed to see so-named civil legal rights activists attempt to use the case in point of this youthful Hispanic gentleman, who turned his existence around, for their political movida,” reported Matt Garcia-Sierra, communications director for the Dwelling GOP leadership.

No pardon, no occupation

Beneath New Mexico law, individuals with felony convictions are not suitable to maintain elected workplace unless they have completed all the conditions of their sentence and have gained a pardon from the governor, reported Alex Curtas, a spokesman for the Secretary of State’s Business office.

“A individual with a felony conviction can qualify to operate for business office and be put on the ballot, but they would not be able to maintain that office environment, if elected, except if they acquired a pardon from the governor,” Curtas additional.

Nora Meyers Sackett, a spokeswoman for Gov. Michelle Lujan Grisham, stated this 7 days Pena had not used for, nor been given, a pardon because the Democratic governor took workplace in 2019.

Regardless of that, Pena’s candidacy could be bolstered by the U.S. District Court docket ruling in January that observed the prohibition on convicted felons holding office environment as soon as they’ve concluded the conditions of their sentence would likely be turned down by the condition Supreme Courtroom.

That ruling, which involved a different plaintiff, pointed out the Structure enables all legal residents who are qualified electors to hold general public office, if not usually confined by the Structure.

But the New Mexico Supreme Court has not ruled directly on the situation considering that a 2010 constitutional amendment altered the definition of qualified voter and it is unclear if the state’s best court would concur with the federal court’s interpretation.

Legislators find clarity

Pena, 39, was incarcerated from May 2009 until eventually March 2016 at different prisons in New Mexico, a state Corrections Section spokeswoman stated Friday. He concluded his five yrs of probation in March 2021 and subsequently experienced his voting rights restored, according to courtroom information.

Quite a few photos of Pena at Trump marketing campaign rallies appear on his campaign web site, alongside with a listing of political stances that incorporate “support for our neighborhood police” and statements that the 2020 election was rigged.

The web site does not point out Pena’s criminal file he was convicted by a jury of felony larceny and theft for stealing from at the very least four distinct Albuquerque vendors. He was reportedly aspect of a burglary crew that applied stolen vehicles to smash into retailers and acquire superior-finish electronics.

All 70 New Mexico point out House seats are up for election this yr, with Republicans hoping to select up many seats in the chamber.

Currently, Democrats outnumber Republicans in the House by a 44-25 margin – there is also one independent member – but Republicans have recruited candidates to run in 50 districts about the state.

In the meantime, Candelaria also reported he programs to refer the case to Attorney Standard Hector Balderas’ office for feasible critique.

He also reported legislators may possibly, in the long term, have to have to make it apparent that residents with felony convictions who have not acquired a pardon are not able to lawfully operate for an elected office they are not able to occupy.

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